Admin istration of Garden of Serenity

L.C.B.L. S7I1J97

LOCAL COUNCILS ACT,I?,)3

(ACT NO. XV 01-' 1993)

Admin istration of Garden of Serenity

(Sa nta Lucij~. Local Coun cil) Bye· Laws, 1m

IN exercise of the powers conferred by sections 34 and 60 of (he

Local Councils Act. 1993. and in confonnity with the provisions of

subsection (8) of sectio n 35 orlhi s Ac t, the Santa LuCij a Local Couacil

has made the followin g Bye- Laws:-

1 These Bye-Laws may be cited as the Administralion of the Ciloo;'" oowJ

_,",=h"".

Garde n of Serenity (Santa Lucija Local Council ) Bye.Laws, [997.

1.2 These Bye-Laws shall come in to force on the same da y as

the Council has been authorised by the Government by nOl ice in the

Gazette 10 administer the Garden of Serenity in terms of paragraph (2)

of regulation 43 of the Local Councils (Financial) Regulat ions, 1993. l..'I. 1»'" 199).

(Scclion 2)

BOUNDARIES OF SITE KNOWN AS " liRA U RA BBI" (SANTA LUClJA)

q , .. -- __ ' _____ , ~~

z

-

,

~,.

"!~:.;.:.

,

....

•

-

Area with in boundaries: Site known as "lira u Rabbi"

Shaded area

: Garden of Serenity

SECON D SCHED ULE

(Section 3)

ADMISSION FEES

CU/<!}lury of " U SOrlS

I Dc per person

Adults

5c per person

Holders of " Kananzj an'"

5c per person

Disabled Adults

Children under supervision

free of charge

Groups of School-children

free of charge

(under supervision) "

TIIIIU> SCIIEDULE

(Sec.ion 1.2)

PART I

APPLICATION RlR~1

( TIll . UI'INI("""" 1.< ""I".~ ,,"~Ir III , ...... J of I~ 1'",,;,</fHU I>/IM ""m ill/,<llllllolI "I

G.1tl1"" "I s..f('T/i~· /5","" 1.I.d;', u~'ul C"UlI<ll! Bw.u. .. ·s. 11197. ,m,l.Iulojn;' /{I

1M I<'n .... ",,,/ ",,,,,UI/tlm Sll/H<lmnl '" I'~n 2 of .his Schedule. J

Applicalion No. (Ill br> "I." rrro fry' Cmmd/)

Name of Applican'

ldenlily Document No. I Passpon No. ;

Pooiition in Orpis;arion

(t.,. PTUidt,". 5«,...111,,: <'/(".J

Name of Orpni.:llion

Official Address

FauNo.: _ _ _ _ _ _ _ _ _

Tel. No. : _ _ _ _ _ _ _

(

AC1i¥j.y ,o be C3nrd OUI

,i.~ full tkwill )

WhelM a Commercial I Non-Commen:1aJ Atthi.y (dtl~<' .... aPP"'flriflu,

( IU Purr J 10 1116 ScMthJt)

Whe.her E..clusi,·c Use i~ mjK"'~ ;

Yrl l No

(dtlru .... opptOprlott)

($tt yn/Ofl 7 of tilt 8)'t,wWJ. if ~'tI. uHorh site·pl"" indi<:atilll ~Iu.jlw

""fa rrqurJlrd)

Number of persons panicip:uillJ ;

of Ac,h"i ly : f rom _______ To

D~lelf

Dunuion : From(li"'r) _ _ _ _ _ _

Cau.ion M~y Paid: Lm _ _ _ _ _ _ _

Fte P:aid : Lm _ _ _ _

( if (Aturtd )

R«t-ip' No. : _ _ _ _ _

( 10 M fll/ld /" by Cotollrif )

SecUlar)' I Mayor •

COl l1"C"1L RUBBER STA~ II'

(Section 7.3 )

PA RT 2

TERMS AND CONDITIONS FOR THE AUTHOR ISATION O FTH E

TEMPORARY USE OF T HE GARDEN OF SERENITY

The nu lhori~nl ion shall only be valid if il bears till: signa ture of the Council

Secretary or the M:lyor and on the dmes and times indicated in thc authorisation

and as regllrds the authorised areas.

The Council shall have the right to revoke the aulhoris:uiOll at any lime for

2. any breac h of any of these tenns and conditions or of any provision of the

Bye-Laws. The Council also has the right to revoke the authoris:llion if the

activity is deemed contrary to public decency or morals.

If Ihe Council revoke s [he authorisation for any of the rensons mentioned in

3. paragraph 2 above. the authorised person shall nOi be re funded the fee paid or

any part thereof.

4. The authorisation is subject 10 any permit or licence necessary under any

mller la w. and which Ihe applicant is obliged to obtain him.<;e lf.

The authorised person may not Can)' out an y activit y wh ich is not indicated

5. in the authorisation.

lbc authorised person shall be held responsible forany theft, misuse or damage

6. caused in the Garden as a consequence of the authorised activity.

7. The authorised person shall keep the place where the activity is held clean

from any waste at all times during the actil/ity.

8. The apparatus. del/ices. furniture and other accessories uscd durillg thcactil/ity

hal/e to be remOl/ed from th e Garden by not later

th an

_ _ _ _ _ _ _ _ __ afterthe lemlimllion ofthc actil/ity.

9. The manne r by which the actil/ity is to be he ld sha ll be disc ussed beforehand

betwee n the applicant and the Council Secretary or the Curator of the Garden.

and the authorised person is bound to effect the adjustments recommended

by the Secretary/Cuflllor.

10. Any noisc shall cease al 11.00 p.m.

(St.-clion 7.4 )

PART 3

FEES DUE FOR ACTIVITI ES REQ UIRING

AUTI IOR1 SAT10N BY THE COUNCIL

'I),pt til A clil'il),

Fu Dllt

I.

COMMERCIAL

Photo Sessions (excluding W(dd ing. Engage men t. Lm 100 for the fi rst hour

Hol y Communion and Confirmation photo

sessions), advc:nsing. modelli ng and fashion shows.

Lm 25 (orevery additional hour

fa irs. CIC. and th e filming and producti ons in

connection therewith, and any other acti vi ty so

deemed in accordance with section 2 ofll\ese Bye-

Laws.

2. NON·COMMERCI AL

Plays.soi~s . mus icatandlil crorya c l ivitie s.

Lm 10 perday

media productions and Photo Sessions connected

with Weddings. Engagements. Holy Communion

and Confirm:l!ion. and any OIhcr BCtivity so deemed

in accordance wi th scction 2 of these Bye-Laws.

... <f ... _ • •

'W .p ...... ~~ ·~ ...... /' .. _). I')auaKoo:li!P_?>Ir ' ,~_Il"""

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n.I"......., ... , .. .c; ..... _ ,..,-./ '" 0\< Goo. .... _ .. " ..... , f'r<"

\1 ~hul'"

In these Bye-Laws unless the context otherwise requires-

"Act" means the Local Co uncils Act. 1993;

"administration" has the same mea ning assigned to it by

paragraph (2) of regulation 43 of the Local Councils (Financial)

Regul ations. 1993;

"applicant" means the person. OI'ganisution or body of persons

who apply to the Council for authorisation forthe use of the Garden

under the prov isions of section 7 of these Bye·Laws;

"authorisation" me::ans the auth ori sation granted by the

Council to any applicant under the provisions of section 70ftllese

Bye·Laws;

"authori sed person" means the person, organisation or body

of persons who has been granted authority for the temporary use

of the Garden under the provisions of section 7 ofthe.se Bye. Laws;

"children" means those persons under the age of founeen

years;

"commercial activity" means any activi ty which has as its

primary objective Ihe comme rcial promotion or sale of goods or

services as designated in Pan 3 of Inc Third Sched ul e 10 these

Bye-Laws. Of any OIhcr octivilY which is deemed to be so by the

Council

"Committee of Management" means the Co uncilo r any

Commitlcesci up by the Council in accordance wilh the provisions

of SCCIion 47 and Standing Orders 26 10 28 of the Sixth Schedule

to the Act in order to carry OUI the hlllelion of administralion of

the Garden on behalf of the Council under the terms sl ipulall~d in

section 9 of these Bye-Laws

"Councit" mcans the Santa Lu(:ija Local Council;

"Curator" means the person appointed by the Counci' as

administrator of the Garden of Serenity in accordance wi lh the

provisions of section 6 of these Bye- Laws

"exclusive use" means the use of tile Garden by any person

Oforganisation as indicated in section 8 of these Bye- Laws. which

gi\'es the right to such person o r organiS3tionlOcharge an admissioo

fee to tnc au thorised act ivity

"Garden" melUlS the Garden of Serenity

"Garden of Serenity" means the garden within the set

boundaries of the si te kn own as "lzra u Rabbi" as de signated in

the site- plan in the First Sched ule to these Bye-Laws and indicated

as the shaded area;

'-non-commercial activity" means any activity relating to

educational.social,cullural or infornlatio nal purposes as designated

in Part 3 of the Third Schedule to these Bye-Laws, but not

concernin g as its primary o bjecth'e the commerc ial promOlion or

sale o f goods or services

"opening hours" means the period of time durin g which the

Garden is open to the public and whic h shall be detennined by the

Council from time to time

"organisiltion" mellns any association. organisation or body

of persons, whether governmental or non -governmental

"SC(:I'ClIlry" means the Secretary of the Santa Lueija Local

C(luncil;

"si te" mc ans tile area known as "' i ra u Rabbi" wi thi n the

boundaries as designated in the First Schedule 10 these Bye-La ws

-temporary use" means a period not exceeding five days or

any lesser period .

1 'The Cooncil shall ha ve the righllO charge an admission fee I',H .... r ... ,

to any person who wishes to e nler inl0 the Garden

Provided (haltre Council may give aconccssion for free admittance

,0 an y person or org:anisation as it may decide by resol ution .

1be admission fee s are those stipulated in the Second

3 .2

Schedule to these Bye -Laws, which may be varied by the Council from

lime to lime by means of other Bye.La ws.

The collection o f these fees shall be made either by the

3.3

person who is authorised by the Coundl so 10 dO,or by any other means

as the Council may de termine.

In all areasoftheGarden ,children nouccompanic:d by adults. p 'l d ..

bicycles , ball-games . skate-boarding, roller-skating, blade -rollers, =~

smoking. food , dri nks and animals, are prohibited .

For the purpose of record. keeping, the Council may install :!-."!,""-

S.

any turnstile or other device which would automatically register the _~~

number of persons admitted into the Garden.

;:;: .......

The Council may appoint a person to act as Curator of the a.-.

1

"""',.

6.2 The engagement of the Curator shall be by means ofaeontract

for a peri od of one year . which may be renewed for funhe r successive

periods of one year each.

The Curator shall be the adm inistrator of the Garden. His ~

6J

funct ions shall be ·

a . 10 administer the day-Io-<Iay running o f the Garden

b.

to have custody of all the assets wi th in the Garde n;

c . to manage. supervise and give any instructio n to any

person carrying OUI dUlies with in the Gartlen or any OI:her duty

connected thereto;

d . to draw up a detailed and UP-IG-date inventory of all the

items within or pertaining to the Garden;

c. to grant permission for the usc o f an y fu mi wI"C, finin gs ,

e qu ipmen t, vehicles. plant. machinery o r any other item under hi s

control , within the bounda rie s of the Garden

f.

to carry Olll periodic chec ks on all it ems on th e inven tory

and report any surpl us or deficiency 10 the Secretary

g. to lake measures of cont rol and Slor"gc of all ite ms o n

the irwe mory

!O maintain an accurate invCnfOry of w)Ck items

h.

i . 10 dra ..... lip a rcport of any incident occuring wit h in the

boundaries of the Garden whene ve r he is required so to do by the

Secretary

j.

to issue entrance bloc k tic kets issued by the Co uncil to

any pe rson or organ isation who books for admi ssio n in advance.

and [0 Iru:C any decision concerning admission o r ex pulsion from

the Garde n as he deems necessary in the circumstances: prov ided

that he has no auth ority to grant o r revoke any au thorisat io n which

is incumbent on the Council;

k. to keep a record of all the activ itics he ld in the Garden

and those which arc schedulcd to take place ...... here authori ty has

been granted

I. to deposit with the Sec retary, every day, the monies

collcaed from admiss ion fees and those co llected in the coin-

operated mach ines.as ..... ell as d raw up weekl y financial statemcnt s

lind forward them to the Sec re tary;

m . to draw up a quarterly ad minis trative re po rt to the

Council. whic h shall include recommendat ions for improveme nts

to the Garden and the system o f management in general;

n. to cany out any ot her duti es that may be deta il ed or

de legated to hi m by the Council.

1 T he Council s hall have the ri ght to give authorisatio n in

writ ing to any person or organ isation for the temporary use of the Garden .

fo r which a fee shall be paid to the Council.

7.2 The written autho risatio n iss ued in terms of sec tion 7 .1 above

s hall be granted under the signature of the Secretary or the Mayor after

an appl icu tion has I"Icen made to the Council on the form prescribed in

Part I of the Third Schcdul~ to these Bye-Law s

Pro vided [hili .. com mercial activity sh all only be au thori sed by

the Cooneil by resolution. In tile case o f doubt wllether an activ ity is

commercial o r llOfl -commercial , this s hall be decided by the Council

whose decision shall be final

Pro vided furt her that in the case o f an appl ication for Wedding.

Engagement. Holy Conununion and Confirmation photo-sessions, the

authorisati on shall be give n by the Secretary on application.

7.3.1 A ny au tho ri sation given shall be s ubjcCllO the le mlS a nd ,,,,,,,,,-ri,.iO'"

(.'Ondilions stipulated in Part 2 of tile T hird &hcdulc to these Bye-Laws. ;:'::.: :~~n''' ......

1.3.2 A copy of the temlS and condi tions fora g iven authori satio n

may be put up by the Council in a prominent place at the e nlmnce to the

G anJen fo r the dUI1ltion o f lhe activi ty.

TIle applicant shall pay a fee as stipulated in Pan 3 ofme Third "",huri,."" foes.

7 A

Schedule to these Bye-laws, according to the nalure of the activity

Provided that the fee paid s hall be refunded to applicant if the R.r_ ?"

o""h:.""" r ...

. . .

f

.,

aut h onsatlon IS not granted, o r any reaso n, by the Co unci ,and to any

rlf$!

applicant who cancels his application at least one wee k from the

day of the activi ty

Provided further that the authorisation shall bedccmed not val id if Foilln"'_

the authori sed person fails to co mply w ith the tenns and condit ions :.,..=:~

establ ished in the authorisation o r if he fail s to ab ide by any instructi o n in fcrlei,.,.. ol

give n to him by the Counci!.ln s uch an instance, the fee which would oo.<horiuti<)nf ...

have been paid would be forfeited in favour of the Cou ncil .

7.5.1 The Co uncil shal l have the right to give an authorisation to

an applicant who intcnds to make an activity for which the au thorised

person may charge an admission fee. I n th is case, the Council shall

have the right to recieve up to twenty per centum (20%) of all proceeds

from the admission fee charged for the authorised act ivity

Provided that , in all cases the Council shall receive not less than

25c per adult

Prov ided funher that where no ad mission fee is charged by the

au thorised person , the fees stipulated in the Second Schedul e 10 these

Bye.Laws shall a pply.

7.5.2 The Counc il s hall also have the right torecieve amaximum

o f twen ty per ce nlUm (20%) of all the proceeds from sponsorsh ip,

commercial advertisemen ts o r sa les derived from or as a res ul t of the

authorised activity.

7.6 The Counci l may request al so (he authori sed person to pay

any additiona l costs and e xpenses inc urred by Ihe COUllci l as a

consequence of [he activit y, including utilities and the rendering of

3ddiliooal serv ices.

7.7

The Coullcil shall lliso ha ve the right to give authorisation

for Ihe temporary usc of the GardeA for any activity which is 1I011i51ed

in Part ) orille Third Schedule \0 these Bye- La .... s, against a fee which

sha ll be delcmlined by the Council and which in no case shall exceed

one hundred Maltcse liTi (lm 100).

7.8.1

The Council lILay also. at its di scret ion. in additi on to the

fee mentioned in sUOOe<:lion 7.4 above, charge a sum not exceeding one

hundred Malrese liri (lm 100). as cau tion money.

7.8.2 Such sum would be paid back to the authorised person if

the Co uncil is satisfied that tit the end of the activity no damages or

breach of the conditions were committed by the authorised person.

7.8..1 In the case of an y breach of any oft ne temlS and conditions

me nti oned above. the said sum would be forfeited in favo ur of the

Council without prejudice to any other actiOll that the Council may

take.

7.9 Without prejudice to the provisions of subsection 7.8 above.

the Council may also demand that the appl icant subm it an insurance

policy to cove r any damages . theft and any other source and form o f

liability or claim from third parties for the duration of the activity ,

includ ing the period of prepara ti on and o f removal of eq uipment ,

apparatus, furniture or any IXhc r device used for the activi ty.

7.10 Tlle Council may gmnt aspecial coocession toany volu nuuy

organisation or any other organisation to hold any activ ity within the

Garde n,at a fee which is less than that sti pulated in Part 3 of lhe Third

Schedule 10 these Bye- Laws . or at no fee at all.

The Council. any centr:ll Government authority .or any person

or organisation to whom autoorisat ion is given under the provisions of

subsection 7.5.1 of lhese Bye -Laws. may make exclusive use of the

Garde n or pan thereof provided that prior notice of at least two weeks

is given to the Council, Forthis pUTJXIsc, the entire Garden or part thereof

may be closed or admission restri cted.

9,1 1lIe Couocil ma y appoi m a Committee of Management wh ich

SI1311 perfa ml all such duti es as are corn pete III on the Council in respec t

of the managemen t of the Ganlen in accordance with the provisions of

these Bye -La ws

Provided that the financia l mallagcrllCl1l shall be the responsibility

of tile Secretary.

2 The number of members. the bodies 10 be invited 10 nominate

members and the Icnns of reference of the Commillec of Management

shall be detenni ned by the Council.

The Council shall have the right . in tcnns o( regulation 43 of R""'''' C._·~''

the Local Councils (Financial ) Regul:lIions. 1993, to contract to third ;''':'=ri;''~

panie!. rights .concessions, pennits or authorisation to manage, operate, "'..,.....-..... ,

use or occu py the Garden or pan thereof

Provided that Ihccontracl shall be: only valid if the person 10 whom

il is given has obtained any pemnirs or licenses necessary under any

other law.

11 . The Council may install. within the boundaries as designated ~­

in the First Schedule to these 8 yc+Laws, any coi n.opertlled machine _1Iinco.

for the selling oftickcl$ , fi sh-food ,drinks or snacks. as well as for other

pwposes oormaUy associated with public places, including mobile public

toilets, and any other coin-operared equipment as the Council may deem

proper. subject to any Other pennit required under any other law.

I1 -Kunsill jista' jwahl\a1. fil-koofini kif stabbilit fl -Ewwcl

Skeda taO dawn ii-Bye-Laws, rnakoa Ii tahdern bil-nu s ghall-bejgh ta'

bilje tt i, ikel tal -hut. xorb jew .Steads, ki r ukoll ghal xi ghao iehor

nomlalment assoc:jat rna- postijiet pubb1iCi, Ii jinklodu mobile public

foilm, u kull apparat iehOl" irnhaddern bil-fl us Ii I-Kulisill jidhirlu lI.ieraq ,

soggeni ghal lwll penness ichor mehlieg taht lIi ligi ohra.

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

these Bye· laws. or any condition of the authorisation given by virtue

of these Bye-laws,shall. on conviction, be liable to a fine (ommenda)

of thirty Maltese liri (Lm 30) for slICh contra vent ion. and to a funher

fine (ommenda) of five Maltese liri (lm 5) forevcry day during which

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

authorisation is breached.

-.-

The Council shall have the ri ght 10 fix orerecl a notice allhe NotIoo 11>'" Ii"" '"

entrance to the Garden reproducing these Bye-laws or part thereof in .~~

both the Maltese and English language.