SKIPS (PIETÀ LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.11

SKIPS (PIETÀ LOCAL COUNCIL) BYE-LAWS

19th February, 1996

LOCAL COUNCIL BYE-LAW 47/1/96, as amended by Legal Notice 425

of 2007.

The title of these Bye-Laws is the Skips (Pietà Local

Council) Bye-Laws.

Amended by

L.N. 425 of 2007.

(Bye-law 4.4)

PIETÀ LOCAL COUNCIL

IN exercise of the powers conferred by bye-law 3 of the Skips (Pietà Local

Council) Bye-Laws, the Pietà Local Council is hereby authorising ............................

.............................. residing at ..............................................................................

Licence No. .................. I.D. Card No. ............... ( ) name of enterprise or company

............................. Tel. No./Fax ..................... to place .......................... skip/s/bin/s

on wheels in the Pietà locality boundary under the terms and conditions specified

hereunder

1. The skip/bin shall be of a size, type and colour to be approved in writing by

the Council.

2. No markings shall be printed on or affixed to or removed from the skip/bin

on wheels unless authorised by the Council in writing.

3. There shall be printed on the skip/bin on wheels such markings as may be

indicated by the Council in writing.

4. The skip/bin on wheels shall be placed on the site/s indicated by the Council

on the attached site plan provided by the same Council.

5. The authorised person shall ensure that the skip/bin on wheels is emptied

every ............. or when it is full, whichever is the earlier.

6. The Skips (Pietà Local Council) Bye-Laws shall apply to each and every

skip/bin on wheels within the Pietà locality boundary.

7. The authorised person has to ensure that all preventive precautions for the

conservation of the environment and for the protection of the citizen, are

being implemented.

8. The authorised person must apply for an adequate insurance policy,

acceptable to the Council, against third party liability and indemnify the

Council against any claims arising out of, or in relation to, the placement or

use of any such skip/bin on wheels.

In these Bye-Laws, unless the context otherwise requires

"authorised person" means any person holding a permit or his

representative and any resident of any street or part thereof who is

the only person authorised in accordance with bye-law 4.2;

"bin on wheels" means any recipient on wheels that may be

closed by means of a lid, used for the deposit of domestic refuse,

supplied by or under the authority of the Council and placed in a

public place within the Pietà locality boundary, but does not

include skip;

"commercial and/or industrial waste or refuse" means any waste,

originating from any shops, factories, enterprises, companies and

other entities operating in commerce and industry and includes all

bulky refuse in general, but does not include domestic waste or

refuse;

"Council" means the Pietà Local Council;

"domestic refuse" means household waste originating from

private dwellings including flats or residential homes but does not

include commercial and/or industrial waste;

"skip" means any open or closed skip supplied by or under the

authority of the Council in a public place within the Pietà locality

boundary, and which includes any other recipient of this kind, used

for the deposit of commercial and/or industrial waste, but does not

include bin on wheels.

L.N. 425 of 2007.

(Bye-law 6.1)

CATEGORIES OF ESTABLISHMENTS AND FEES

Column 1

Column 2

CATEGORIES

FEES FOR USE ON SKIPS

Category No. 1

Bars, snack bars, clubs, institutions and any

No fees.

other organisations, sport centres, grocers,

Registration with the Council

bakeries, butchers, chemists, hairdressers,

only

salons, bazaars, stationers, confectioneries,

dress makers, pet shops, plant and flower

shops, clothes shops, offices, clinics, halls and

any other commercial outlets and churches,

antique shops, ironmongers, carpenters,

household appliances shops, aluminium

manufacturers and hawkers selling nougat.

Category No. 2

Mobile kiosks and hawkers selling fast foods,

A fee of €23.29 for the

who require a temporary police licence to

duration of the licence

operate on the days of a feast in the locality.

Category No. 3

Hotels, restaurants, holiday complexes, guest

A fee of €116.47 per annum

houses, schools, houses for the elderly, banks,

showrooms, green grocers, hawkers.

Category No. 4

Mechanics, panel beaters, sprayers, tyre

A fee of €232.94 per annum

service, petrol stations, blacksmiths.

Category No. 5

Industrial establishments including enterprises

A fee of €1,397.62 per annum

or co-operatives or any other enterprise,

government departments, parastatal entities or

corporations, excluding construction sites or

stone quarries.

Category No. 6

Any other industrial establishment not falling

A fee of €931.75 per annum

under any of the categories mentioned in this

scheme, other than those already included in

Category No. 5.

A skip or bin on wheels may only be used by authorised

persons.

1 No person, other than the Council, shall have the power to

place any skip or bin on wheels in any public place within the Pietà

locality boundary.

4.2 The Council may assign an area wherein authorised

persons only may use skips or bins on wheels provided by the

C o un c il in l ie u o f d o or-t o -d o or c o l le c t i on of d om e s t ic a nd

commercial waste.

4.3 The Council may however, authorise in writing any person

to place a skip or bin on wheels during such times and at such

places and under such terms and conditions as may be stipulated in

the written authority by the Council annexed in Schedule A.

4.4 There shall be payable on application to the Council by the

person granted an authority under this bye-law a fee of -

4.4.1 one euro and sixteen cents (1.16) per day for every

skip;

4.4.2 twenty-three cents (0.23) per day for every bin on

wheels.

4.5 Any person who contravenes any provision of this bye-law

or who fails to comply with any of the conditions stipulated in the

written authority, shall be guilty of a contravention.

No person shall -

5.1

make use of any skip or bin on wheels unless he is

an authorised person; or

5.2

cause any damage to any skip or bin on wheels or

obliterate any markings printed on or affixed

thereon; or scribble or make any mark on any skip or

bin on wheels without the consent of the Council or

of the person to whom authority has been granted to

place a skip or bin on wheels by virtue of bye-law 4

as the case may require; or

5.3

after using the skip or bin on wheels leave its lid

open or ajar; or

5.4

use the skip or bin on wheels for any purpose other

than that it is intended for; or

5.5

when the skip or bin on wheels is full, deposit any

refuse or waste in a manner that the lid of the skip or

bin on wheels will not close properly or will remain

ajar; or

5.6

when depositing such waste or refuse, spill and

leave spilled any waste or refuse outside the skip or

bin on wheels; or

5.7

throw or deposit any waste or refuse near or around

the skip or bin on wheels; or

5.8

deposit in any bin on wheels any waste, refuse,

object or substance which is not of a domestic

nature; or deposit in any skip any commercial or

industrial waste for which authority was not granted

under the written authority in accordance with these

bye-laws; or

5.9

deposit in the skip or bin on wheels any bulky article

or liquid or any refuse, object or substance which

the skip is not intended to receive; or

5.10

remove or misplace the skip or bin on wheels from

where it is placed unless, in the case of a skip or bin

on wheels placed under the authority of the Council

by a person, such person shall have obtained

authority in writing to do so from the Council; or

5.11

deposit waste or refuse in a skip or bin on wheels

which is not supplied by the Council but placed by a

person to whom authority has been granted by the

Council in accordance with these bye-laws; or

5.12

after the 1st January 1997, deposit in a bin on

wheels any domestic refuse which is not contained

in a closed bag, of a type and material approved by

the Council; or

5.13

in the case of a skip, deposit therein industrial and/

or commercial waste or refuse which does not

originate from within the Pietà locality boundary,

unless under the authority in writing of the Council

and against registration or payment as the case may

be of a fee as shown in Column 2 of Schedule B; or

5.1.4 when authorised by the Council to deposit waste or

refuse in a particular skip or bin on wheels deposit

any waste or refuse in another skip or bin on wheels.

1 Any person who engages in or operates a commercial or

industrial activity within the Pietà locality boundary and whose

field of operation falls under one of the establishment categories

shown under Column 1 of Schedule B, shall register with the

Council in order to be granted authority to deposit commercial and/

or industrial waste in the skips supplied by the Council in the Pietà

locality boundary.

6.1.1 Without prejudice to the provisions of bye-law 6.1, every

person in Category 1 of Schedule B can dispose of commercial and/

or industrial waste in a bin on wheels.

6.2 For each registration made under bye-law 6.1 a fee as

shown in Column 2 of Schedule B shall be payable to the Council.

6.3 The Council may, for a valid reason given in writing,

refuse to register a person under bye-law 6.1.

6.4 No person shown in Column 1 of Schedule B shall throw or

deposit commercial and/or industrial waste in the skips supplied by

the Council in the Pietà locality boundary unless payment of the fee

due under Column 2 of Schedule B is made on registration.

1 Without prejudice to the provisions of bye-laws 7.2 and 7.3

any person who contravenes or fails to comply with any of the

provisions of bye-law 5 shall be deemed to have committed a

contravention and shall, on conviction, be liable, unless a higher

penalty is applicable under any other law -

7.1.1 for a first contravention to a fine (ammenda) of

forty-six euro and fifty-nine cents (46.59), and

7.1.2 for a second or subsequent contravention to a fine

(ammenda) of sixty-nine euro and eighty-eight cents

(69.88).

7.2 In the case of a contravention under bye-law 4, a person

shall be liable on conviction to a fine (ammenda) of sixty-nine euro

and eighty-eight cents (69.88), and in the case of a continuing

offence, to a further fine (ammenda) of eleven euro and sixty-five

cents (11.65) for each day during which the offence continues.

7.3 In the case of a contravention under bye-law 6.4 a person

shall be liable on conviction to a fine (ammenda) of sixty-nine euro

and eighty-eight cents (69.88).

7.4 The imposition of a penalty under this bye-law shall be

without prejudice to the right of the Council to recover any civil

damages caused by the commission of any contravention under

these bye-laws.

The Council may terminate the authority given or cancel

the registration made under these bye-laws if it is satisfied that any

of the terms and conditions under which the said authority was

granted or registration made has not been complied with, or if there

is a substantial change in circumstances which in the opinion of the

Council renders it necessary to withdraw the authority or cancel the

registration. In this case the Council shall not be obliged to refund

any fee that would have already been paid to the Council under

Schedule B.

SKIPS (PIETÀ LOCAL COUNCIL)

Subject to earlier termination for non-compliance of the above terms or

conditions this authority shall be valid for a period of ..................................

commencing on ..................................... .

This authority is subject to the payment of a fee of € ............. .

Mayor

Secretary

SKIPS (PIETÀ LOCAL COUNCIL)

Substituted by