ADVERTISEMENTS ON STREET FURNITURE (SWIEQI LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(SWIEQI LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.106

ADVERTISEMENTS ON STREET FURNITURE

(SWIEQI LOCAL COUNCIL) BYE-LAWS

25th January, 2004

LOCAL COUNCIL BYE-LAW 60/10/2003, as amended by Legal Notice

425 of 2007.

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

Furniture (Swieqi Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Size

Fee 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 metres

€27.95

€46.59

€232.94

Exceeding 2.0 square metres - €4.66 per day (subject to a minimum of €93.17)

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

''advertisements'' means any board, sign, notice, or any other

means or representation made, exhibited, fixed or placed in any

public space within the Swieqi boundaries to advertise or to make

publicity or to give notice, or any other message to the public;

''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;

''Council'' means the Swieqi 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.

1 Without prejudice to any permit, authorization, or licence

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

advertisement on any street furniture within the Swieqi locality

boundary without the written authorization of the Council.

3.2 The written authorization may be granted either after a

written application is submitted to the Council or else after a public

call for applications is made by the Council

Provided that the authorization shall be deemed void if

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 3.3.

3.3 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

ADVERTISEMENTS ON STREET FURNITURE

(SWIEQI LOCAL COUNCIL)

contract shall be valid for a period of one year which may be

renewed by the Council 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, third

parties require the Council’s authorization

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 which are different from those stipulated in the

original contract.

3.5 For every authorization granted by the Council in

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

established in the Schedule

Provided that for the authorization granted by the Council

following a public call for application, the fee entitled to be paid to

the Council is that offered in the tender document which has been

accepted.

3.6 Notwithstanding the authorization granted under these

Bye-Laws, the person to whom authorization is granted is

personally responsible for any permits or licences necessary under

any other law.

3.7 The Council may grant authorization to voluntary

organizations which operate from the locality, or non-governmental

organizations listed in the Eighth Schedule to the Act, after the

Council receives a written request so as to advertise activities or

public appeals 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.

Every person who contravenes any of the provisions of

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 fifty-eight euro and twenty-three cents (€58.23) 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.

ADVERTISEMENTS ON STREET FURNITURE

(SWIEQI LOCAL COUNCIL)