Advertisements On Street Furniture

L.C.B.L./61/05/2011

LOCAL COUNCILS ACT

(CAP. 363)

Advertisements On Street Furniture

(Ta’ Xbiex Local Council) Bye-Laws, 2011

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

60 of the Local Councils Act, the Ta’ Xbiex Local Council has

made the following Bye-Laws:-

The title of these Bye-Laws is the Advertisements on

Street Furniture (Ta’ Xbiex Local Council) Bye-Laws, 2011.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Size

Two weeks

One month

One year

up to 0.5 square metres €7 €12 €47

From 0.51 to 1.0 square metres €14 €24 €117

From 1.01 to 2.0 square metres €28 €47 €350

exceeding 2.0 square metres €7 per day (provided this is not less than €117)

€0.36

In these Bye-Laws, unless the context otherwise requires

“advertisement” includes a notice or billboard;

“the Act” means the Local Councils Act;

“applicant” means the person who applies to the Council

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;

“the Council” means the Ta’ Xbiex 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, benches, planters, boundary walls,

walls, columns, roundabouts, central strips and traffic islands,

and any other objects that are property of the Council.

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 Ta’ Xbiex locality

boundary 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 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 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. 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 price than that established by the Council in the contract

or with conditions different from those stipulated in the original

contract

Provided further that the contractor shall not sell the

space for any advertisement.

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 authorisation is given is personally

responsible for any permits or licences necessary under any other

law.

3.7 The Council may grant authorisation in terms of these

Bye-Laws to voluntary organisations that operate from the locality

and philanthropic societies or non-governmental organisations

as defined in the Volontary Organizastions Act, after the Council

receives a written request so as to advertise activities or public

notices without payment.

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

expiry 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 Penalty.

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

(ammenda) of fifty euro (€50) for such contravention, and to a

further fine (ammenda) of not less than two euro and fifty cents

(€2.50) and not more than twelve euro (€12) for every day during

which one of the provisions of these Bye-Laws or any condition of

the authorisation is breached.

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