Pitch (Ħal Safi Local Council) Bye Laws, 2019

L.C.B.L. 51/05/2019

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture and in Local Council’s Football

Pitch (Ħal Safi Local Council) Bye Laws, 2019

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

60 of the Local Councils Act, Ħal Safi Local Council has made the

following Bye-Laws:-

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

Furniture and in Local Council’s Football Pitch (Ħal Safi Local

Council) Bye-Laws, 2019.

(Bye-Law 4.1)

Application for advertisements on street furniture and in the Safi Local

Council’s Football Pitch

Application Number:___________________________________

Name and Surname of applicant:_________________________

Identity Card Number / Passport Number:__________________

Role in group (ex., President, Secretary, etc.)________________

Name of Group (if applicable):___________________________

Official address

Telephone Number:_____________ Fax Number:____________

Advertisement space being applied for

Days of display

From:______________________ To:______________________

Date: _________________ Signature of applicant: ___________

For Office Use

Payment due: __________________ Receipt Number.:__________________

Date and time of application being received:___________________________

Accepted / Not Accepted (cross off where not applicable)

Date: _______________________________

Comments from the Council (Where necessary)

Signature:______________________Official stamp

Office Designation :______________________________________________

In these Bye Laws, unless the context otherwise requires

Interpretation.

"Act" means the Local Councils Act;

"advertisement" includes a notice;

"applicant" means the person who applies to the Council to

display, fix or place any advertisement on street furniture under

the provisions of Bye-Law 3.2;

"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 Bye-Law 3.1;

"Council" means the Ħal Safi Local Council;

"football pitch" refers to the five-a-side football pitch

which is owned by the Council and is situated between the Ħal

Safi Local Council premises and the Playing Field leading to

‘Triq il-Ħajt Ruman’;

"street furniture" means any object, movable or immovable,

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

which although not substantially forming part of the road,

pavement, garden, Council premises or other public area, would

be placed in such area or fixed to it, or even placed in it or on it,

and includes dustbins, benches, planters, boundary walls, walls,

balustrades, columns, roundabouts, central strips and traffic

islands, and any other which may be included by the Council by

means of a resolution.

(Bye-Law 6.1)

Terms and Conditions for the authorization to advertise on street

furniture and the Local Council’s football pitch

1. The authorization is valid for the stipulated time according

to the application as stated in the First Schedule and subject to any

conditions as stipulated by the Council in the authorization form.

2. The Council reserves the right to revoke all authorizations

at any time in case of any breaches to these terms and conditions, or

for any other breaches of the provisions of the Bye-Laws or any other

condition made by the Council on the form of authorisation. The

Council holds authority to revoke the authorisation if an advert is

deemed to be against morals or public decency.

3. If the Council revokes authorizations for any reason

stipulated in the second paragraph of this Schedule, the person

displaying the advert and in breach of the conditions has no right to be

paid back any amount of the fee paid for its display.

4. The authorisation is without any prejudice against any

other permit or licence required as per any other law. The applicant has

the duty to produce any such permits or licences necessary.

1. Subject to any permit, authorisation, or licence required

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

advertisement on any street furniture within the Ħal Safi locality

boundary, or in the football pitch, without the written authorisation of

the Council.

3.2. The authorisation 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 authorisation shall be deemed void if the

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 article 33(1)(g) of the Act

Provided also that the guidelines shall be incorporated in

the contract document which shall regulate the authorisation granted

by the Council to the contractor in terms of Bye-Law 3.3.

3.3. Following a public call by the Council, the authorisation 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.

3.4. The Council may, on awarding the contract mentioned in

Bye-Law 3.3, authorise the contractor to use the space where

advertisements may be displayed on street furniture, even by selling

the mentioned space to third parties. This also applies to the

advertising-space within the Ħal Safi Football Pitch, however in such

case no third party ownership will be given for this area. In such a

case, advertisements may only be displayed following the written

authorisation of the Council

Provided that the contractor shall not use or sell the space

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

3.5. For every authorisation granted by the Council according to

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

Provided that for the authorisation 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 authorisation 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 according to these

Bye-Laws to voluntary organizations that operate from the locality,

parish organizations or philanthropic societies 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.

(Bye-Law 7)

Fees to display adverts on street furniture and in Local Council’s

Football Pitch.

1. Fees to display adverts on street furniture

Not more than one thousand euro (€1,000) per year.

2. Fees to display adverts on football pitch

Not more than two thousand euro per year (€2,000).

€0.54

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

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 forty-six euro and fifty nine cents (€46.59) for such contravention,

and to a further fine (ammenda) of not more than eleven euro and sixty

five cents (€11.65) for every day during which one of the provisions of

these Bye-Laws or any condition of the authorization is breached.

The authorized person cannot advertise any advert which is

not authorized in written consent.

The authorized person must keep all adverts in a proper

standard and make sure it causes no danger to any vehicles at any time

and pedestrians in the case of street furniture, or of any users of the

football pitch in the case of the display of adverts within the football

pitch. The authorised person shall ensure that the advertising space

shall remain clean and accessible until the expiry date of such

authorisation.

A copy of the authorization must be displayed for the

public’s information in a prominent place that is available to the

public.

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