Council) Bye-Laws, 2018

L.C.B.L 5/5/2018

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements on Street Furniture (Bormla (Città Cospicua) Local

Council) Bye-Laws, 2018

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

60 of the Local Councils Act, Bormla (Città Cospicua) Local Council

has made the following Bye-Laws:-

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

Furniture (Bormla (Città Cospicua) Local Council), Bye-Laws, 2018.

(Bye-Law 3.7.)

Fees due for Advertisements on Street Furniture

Size

Fees Due

Two weeks

One month

One year

Up to 0.5 square metre

€6.99

€11.65

€46.59

Up to 1.0 square metre

€13.98

€23.29

€116.47

Up to 2.0 square

€27.95

€46.59

€232.94

metres

Exceeding 2.0 square

€4.66 per day

metres

(subject to a minimum of €93.17)

€0.36

In these Bye-Laws unless the context otherwise requires:–

Interpretation.

"Act" means the Local Councils Act;

"advertisement" means any type of promotion or

marketing, whether commercial or otherwise, but excluding a

promotion by a political party, and includes a notice;

"applicant" means the person who applies to the Council

under the provisions of Bye-Law 3.3;

"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 Bormla (Città Cospicua) Local

Council;

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

which is the Council’s property or is held by it under any title

whatsoever or is under its responsibility or control and which

although may not substantially form part of the road, pavement,

garden or other public area, would be placed in such an area or

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

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

balustrades, columns, roundabouts, central strips and traffic

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

Council by means of a resolution.

1. No person shall display, fix or place any advertisement on Authorization to

any street furniture within the Bormla (Città Cospicua) locality advertise

street furniture.

boundary without the written authorization of the Council.

3.2. The granting of such written authorization by the Council

shall not in any way exempt any person from the duty to request and

obtain any permit, authorization, or licence required under any other

law

Provided that the Council shall have the right to withdraw any

authorization granted to any person, where that person fails to obtain

any permit, authorization or licence required under any other law.

3.3. Such authorization by the Council 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 such authorization shall not be granted for any

political advertisement

Provided further that the authorization shall be deemed void if

the applicant provides the Council with incorrect or false information

in his application, or 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 authorization granted by

the Council to the contractor in terms of Bye-Law 3.4.

3.4. 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 time which shall be indicated by

the Council in the public call, and which period of time may be

renewed for a further period of equal time by means of another

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

the contract after having given valid reasons in writing to the person

who was awarded the contract.

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

Bye-Law 3.4, authorise the contractor to use the space where

advertisements may be displayed on street furniture, even by leasing

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 lease the space for

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

conditions different from those stipulated in the original contract.

3.6. Where the authorization is requested by means of a written

application, such authorization may be granted by the Council at its

exclusive and utmost discretion. Should the Council decide to grant

the authorization, it shall do so in writing, which writing shall include

all the conditions attached to the authorization.

3.7. For every authorization granted by the Council in

accordance with these Bye-Laws, there shall be paid a fee as

established in the First Schedule

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 tender document which has been accepted.

3.8. The Council may, at its sole discretion, grant authorization

in terms of these Bye-Laws to voluntary organizations that operate

from the locality, or non-governmental organizations, after the Council

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

without payment.

3.9. Any authorization granted under these Bye-Laws is always

subject amongst other conditions, to a condition that the advertisement

shall be removed within one week from the expiry date of the

authorization, notwithstanding the fact that this condition may not be

mentioned specifically in the written authorization. In the event that

the person to whom the authorization is granted fails to respect this

condition, then that person 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 be guilty of an offence and 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 less than two euro and thirty-three cents (€2.33) and

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 continue to be breached.

Whosoever is responsible for the affixing or placing of any Transitory

advertisement to which these Bye-Laws would apply and which is Provision.

already affixed or placed at the time of the coming into force of these

Bye-Laws shall be obliged to remove that advertisement within two

months from the day upon which these Bye-Laws come into force.

Provided that the duty to remove such an advertisement shall

cease in the event that such a person requests and acquires the

necessary authorisation from the Council according to the terms of

these Bye-Laws.

The Council reserves the right to remove any advertisement

affixed without authorization 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.