Advertisements on Street Furniture

L.C.B.L. 49 #7#2005

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture

(Qrendi 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 Qrendi Local Council has made the

following Bye-Laws>–

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

commencement.

Furniture (Qrendi 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 Advertisements on Street Furniture

Size

Fee Due

Two Weeks

One Month

One Year

Up to 0.5 square metre

Lm3.00

Lm5.00

Lm20.00

Up to 1.0 square metre

Lm6.00

Lm10.00

Lm50.00

Up to 2.0 square metres

Lm12.00

Lm20.00

Lm100.00

Exceeding 2.0 square metres – Lm2 per day per square metre (subject to a minimum of

30 days).

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

Interpretation.

“Act” means the Local Councils Act<

“advertisement” means any type of promotion whether

commercial or otherwise, and includes a notice<

“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<

“Council” means Qrendi 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 or other public area, would be placed in such

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

poles, skips, bins on wheels, benches, planters, boundary walls,

walls, balustrades, locality maps, columns, bus shelters, treepits,

railings, waste separation bins, billboards, verges and central

reservations, roundabouts, central strips and traffic islands.

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

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

on any street furniture within the Qrendi 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

applications 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 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 for a further one year period by means of a contract. In

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

after having given valid reasons in writing to any person concerned.

3.4 The Council may, on awarding the contract mentioned in

subarticle (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

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 the contract, or at a higher price

than that established by the Council in the contract or under conditions

different from 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, the fee entitled to be paid to the Council is that

offered in the document of the accepted tender.

3.6 Notwithstanding the authorization granted under these Bye-

Laws, the person to whom authorization is given is personally

responsible for any permits or licences necessary under any other law.

3.7 The Council may grant authorization to voluntary

organizations that operate from the locality, or non-governmental

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

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

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. In

any case to the contrary, the person responsible for removing such

advertisements shall be guilty of a contravention.

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 liri (Lm20) for such contravention, and to a further fine

(ammenda) of not less than one lira (Lm1) and 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.

The Council reserves the right to remove any advertisement

affixed without authorisation or any advertisement which is not removed

by the person authorised within the time-limit stipulated in these Bye-

Laws, at the expense of the person contravening any of the provisions

of these Bye-Laws or infringing any condition of the authorization given

by virtue of these Bye-Laws.

(Article 3.5)