Advertisements on Street Furniture

L.C.B.L. 31#9#2005

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(Kirkop Local Council) Bye-Laws, 2005

IN exercise of the powers conferred by articles 34, 35(8), 36 and

60 of the Local Councils Act, the Kirkop Local Council has made the

following Bye-Laws>-

1 The title of these Bye-Laws is the Advertisements on Street Citation

commencement.

Furniture (Kirkop Local Council) Bye-Laws, 2005.

1.2 These Bye-Laws shall come into force one month after their

publication in the Gazette.

In these Bye-Laws unless the context otherwise requires>–

Fees due for Advertisment on Street Furniture

Size

Fee Due

Two Weeks

One Month

One Year

Up to 0.5 square metre

Lm3

Lm5

Lm20

Up to 1.0 square metre

Lm6

Lm10

Lm50

Up to 2.0 square metres

Lm12

Lm20

Lm100

Exceeding 2.0 square metres Lm2 per day (provided this is not less than Lm50).

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Interpretation.

“Act” means the Local Councils Act<

“advertisements” means any board, sign, notice or any other

means made, exhibited, fixed or placed in any public space within

the Kirkop boundaries to advertise or to make publicity or to give

notice, or any other message to the public<

“applicant” means the person who applies to the Council under

the provisions of subarticle (2) of article 3 of these Bye-Laws<

“contractor” means the person who has been authorised by

the Council to display, fix or place any advertisement on street

furniture under the provisions of subarticle (1) of article 3 of these

Bye-Laws<

“the Council” means the Kirkop Local Council<

“person” means any individual, any commercial or non-

commercial or governmental organisation, as well as any voluntary

and non-voluntary organisation<

“street furniture” means any object, movable or immovable,

which is the Council’s property or is under its responsibility and

which although would not substantially form part of the road,

pavement, garden or other public area, would be placed in such

area or fixed to it, or even placed on it, and includes dustbins,

benches, poles, planters, boundary walls, walls, columns,

roundabouts, central strips, traffic islands, and any other object

which may be included by the Council by means of a resolution.

1 Subject to any permit, authorization, or licence required under

any law, no person shall display, fix, or place any advertisement on any

street furniture within the Kirkop locality boundary without the written

authorization of the Council.

3.2 Authorization may be granted either after a written

application to the Council or else after a public call made by the Council

for applictions to be submitted>

Provided that the authorization shall be deemed void if

applicant fails to comply with the requirements established in the

guidelines issued, or which may be issued from time to time by

the Council, in terms of paragraph (g) of subarticle (1) of article

33 of the Act>

Provided also that the guidelines shall be incorporated in the

contract document which shall regulate the authorization granted

by the Council to the contractor in terms of subarticle (3) of article

3 of these Bye-Laws .

3.3 Following a public call by the Council, the authorization of

the Council shall take the form of a contract in accordance with the

regulations and procedures applicable to Local Councils.

Such a contract shall be valid for a period of one year which may

be renewed for futher periods of one year each by means of a contract.

In every case the Council reserves the right to refuse to renew the

contract.

3.4 The Council may, on awarding the contract mentioned in

subarticle (3) of article 3 of these Bye-Laws, authorise the contractor to

use the space where advertisements may be displayed on street furniture,

even by selling the mentioned space to third parties. In such a case,

third parties would not require the Council’s authorization>

Provided that the contractor shall not use or sell the space for

any advertisement that is prohibited by law or in terms of the

contract.

3.5 Upon every authorization granted by the Council according

to these Bye-Laws there shall be paid a fee as indicated in the Schedule

to these Bye-Laws>

Provided that for the authorization granted by the Council

following a public call, the fee due to the Council shall be that

offered in the tender document which has been accepted.

3.6 For any authorization granted, the Council may request a

deposit of money by way of guarantee.

3.7 Notwithstanding the authorization granted under these Bye-

Laws, the person to whom authorization is given is personally

responsible to obtain any permit or licence required under any other

law.

3.8 The Council may grant authorization in terms of these Bye-

Laws to voluntary organizations that operate from the locality, or non-

governmental organizations listed in the Eighth Schedule to the Act,

after a written request to advertise activities or public notices free of

charge is received.

3.9 Any person who display, fix or place any advertisement on

any street furniture within the Kirkop locality boundary without the

written approval of the Kirkop Local Council shall be guilty of a

contravention.

3.10 Any authorization granted under these Bye-Laws shall be

subject, amongst other conditions, to the condition that the advertisement

shall be removed within one week from the expiry date of the

authorization. In the event of non-compliance, the person responsible

for removing such adverts shall be guilty of a contravention.

3.11 If, in the opinion of the Council, any advertisement is in

breach of any law or any provision of the contract as indicated in

subarticle (4) of article 3 of this article, this shall be removed as soon as

requested by the Council. In the event of non-compliance, the

responsible person shall be guilty of a contravention.

3.12 If, following a request for the removal of an advertisement

as indicated in subarticles (10) and (11) of this article, there is non-

compliance, the Council shall have the right to remove the advertisment

at the expense of the contractor.

Every person who is in breach of one of the provisions of Penalty.

these Bye-Laws or any condition of the authorization given by virtue of

these Bye-Laws, shall, on conviction, be liable to a fine (ammenda) of

twenty five liri (Lm25) for such contravention, and to a further fine

(ammenda) of five liri (Lm 5) for every day during which one of the

provisions of these Bye-Laws or any condition of the authorization is

breached.

(Article 3.5)