Bye-Laws, 2006

L.C.B.L. 52#2#2006

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture (San :iljan Local Council)

Bye-Laws, 2006

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

60 of the Local Councils Act, the San :iljan Local Council has made

the following Bye-Laws>-

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

Commencement.

Furniture (San :iljan Local Council) Bye-Laws, 2006

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

Lm5

Lm20

Up to 1.0 square metre

Lm6

Lm10

Lm50

Up to 2.0 square metres

Lm12

Lm20

Lm150

Exceeding 2.0 square metres - Lm3 per day (subject to a minimum of Lm50)

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

Interpretation.

“the 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 provision 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 San :iljan Local Council<

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

which is the Council’s property or 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,

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

balusters, columns, railings, bus shelters, tree pits, verges, central

reservations, roundabouts, central strips, traffic islands and u-shape

barriers.

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

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

street furniture within the San :iljan locality boundary without the

written authorisation of the Council.

3.2. Such authorisation may be granted either after a written

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

applications to be submitted>

Provided that the authorisation shall be deemed void if applicant

fails to comply with the requirements establised 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 further 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 subarticle (3) of article 3 of

these Bye-Laws.

3.3. Following a pubic 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. In

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

after presenting valid reasons in writing to the person concerned.

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 advertisement 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 authorisation>

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

different from those stipulated in the original contract.

3.5. For every authorisation granted by the Council according

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

to these Bye-Laws>

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 accepted tender document.

3.6. The Council may grant authorisation in terms of these Bye-

Laws to voluntary organisations that operate from the locality, parochial

and philanthropic organisations or non-governmental organisations listed

in the Eight Schedule to the Act, after the Council receives a written

request so as to advertise activities or public notices without payment.

3.7. Notwithstanding the authorisation granted under these Bye-

Laws, the person to whom authorisation is given is personally

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

3.8. Any authorisation granted under these Bye-Laws is subject

amongst other conditions to a condition that the advertisement shall be

removed within one week from the expire date of the authorisation. In

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

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 authorisation 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 authorisation is breached.

The Council reserves the right to remove any advertisement Reservation.

affixed without authorisation or any advertisement which is not removed

by the authorised person 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 authorisation or

contract given by virtue of these Bye-Laws.

(Article 3.5)