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

ADVERTISEMENTS ON STREET FURNITURE

(DINGLI LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.114

ADVERTISEMENTS ON STREET FURNITURE

(DINGLI LOCAL COUNCIL) BYE-LAWS

11th September, 2004

LOCAL COUNCIL BYE-LAW 16/8/2004, as amended by Legal Notice

425 of 2007.

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

Furniture (Dingli Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Squares, roundabouts and roads

Size

Yearly Fee

Up to 0.5 square metre

€23.29

From 0.50 square metre to 2.0 square metres

€46.59

Exceeding 2.0 square metres

(not less than €349.41)

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

"advertisement" includes a notice;

"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 Dingli 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, poles, planters, boundary walls, walls, columns,

roundabouts, central strips and traffic islands, and any other object

which may be included by the Council by means of a resolution.

1 Subject to any permit, authorization, or licence required

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

advertisement on any street furniture within the Dingli locality

boundary without the written authorization of the Council.

3.2 Authorization 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 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 contract shall be valid for a period of one year

ADVERTISEMENTS ON STREET FURNITURE

(DINGLI LOCAL COUNCIL)

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, any

advertisement may only be displayed following the written

authorization 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.

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, the fee entitled to be paid to the Council is

that offered in the document of the accepted tender.

3.6 Notwithstanding the authorization granted under these

Bye-Laws, the person to whom authorization is given is personally

responsible for any permits or licences necessary under any other

law.

3.7 The Council may grant authorization to voluntary

organizations that operate from the locality, parish organizations

and philanthropic societies 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 notices

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 is in breach of one 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 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

is breached.

ADVERTISEMENTS ON STREET FURNITURE

(DINGLI LOCAL COUNCIL)