Advertisements on Street Furniture

L.C.B .LA0/4/2003

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(Mqabba Local Council) Bye-Laws, 2003

IN exercise of the powers conferred by articles 34, 36 and 60 of

the Local Councils Act, and in confonnity with the provisions of article

35(8) of the said Act, the Mqabba Local Council has made the following

Bye-Laws:-

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

Furniture (Mqabba Local Council) Bye-Laws, 2003.

commencement.

1.2. These Bye-Laws shaU'come into force one month after their

publication in the Gazette.

(Article 3.5)

Fees dne for Advertisements on Street Fnrniture

Fee Due

Size

One Year

Two Weeks

One Month

One square metre

LmlO

Lm14

Lm60

Other sizes calculated pro-rata.

Ippubblikat mid-Dipar1imenl ta' l-Infonnazzjoni (doi.gov.mt) - Valletta

In these Bye-Laws unless the context otherwise requires -

Interpretation.

"Act" means the Local Councils Act;

"advertisements" means any board, sign, notice, or any other

means or representation made, exhibited, fixed or placed in any

public space withi~ the Mqabba 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 sub article (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 sub article (1) of article 3 of these

Bye-Laws;

"Council" means the Mqabba Local Council;

"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 and other public area, would be placed in such

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

benches, planters, boundary walls, walls, columns, roundabouts,

central strips and traffic islands.

1 Without prejudice 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 Mqabba locality

boundary without the written authorization of the Council.

3.2 The written authorization may be granted either after a written

application is submitted to the Council or else after a public call for

applications is made by the Council

Provided that the au thorization 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 sub article (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 sub article (3) of this article.

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 by the Council for a further one year period by means

of a contract.

3.4 The Council may, on awarding the contract mentioned in

sub article (3) of this article, 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

require the Council) s authorization

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

advertisement that is prohibited by the contract, or at a higher price

than that established by the Council by the contract or with conditions

other than those stipulated in the original contract.

3.5 For every authorization granted by the Council in accordance

with these Bye-Laws there shall be paid a fee as established in the

Schedule to these Bye-Laws

Provided that for the authorization granted by the Council

following a public call for application, the fee payable to the Council is

that offered in the accepted lender documents.

3.6 Notwithstanding the authorization granted under these Bye-

Laws, the person granted authorization is personally responsible for

any permits or licences necessary under any other law.

3.7

The Council may grant authorization to voluntary

organizations which operate from the locality, or non-governmental

organizations as listed in the Eighth Schedule to the Act, after the Council

receives a written request so as to advertise any activities or public

appeals without payment.

3.8 Any authorization granted under these Bye-Laws is subject

amongst other conditions to a condition that the advertisement shall be

removed within one week from the expiry date of the authorization.

Every person who contravenes any of the provisions of these Penalty,

Bye-Laws or infringes 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 not more than five Liri (Lm5) for every day during which

one of the provisions of these Bye-Laws or any condition of the

authorization is breached.

D