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

SUBSIDIARY LEGISLATION 363.122

ADVERTISEMENTS ON STREET FURNITURE

(FGURA LOCAL COUNCIL) BYE-LAWS

6th May, 2005

LOCAL COUNCIL BYE-LAW 17/5/2005, as amended by L.C.B.L. 17/3/

2007 and Legal Notice 425 of 2007.

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

Furniture (Fgura Local Council) Bye-Laws.

Added by

L.C.B.L. 17/3/2007.

(Bye-Law 3.2)

Sites within the Fgura locality boundary wherein authorization to advertise on

street furniture may be granted by the Fgura Local Council

Bastion Street

Hompesch Road

|abbar Road

St. Thomas Street.

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

"advertisement" means any type of promotion whether

commercial or otherwise, excluding a political promotion, and

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 advert isement on street

furniture under the provisions of bye-law 3.1;

"Council" means the Fgura 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, skips

or bins on wheels, benches, 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.

Amended by

L.C.B.L. 17/3/2007.

(Bye-Law 3.5)

Substituted by

L.N. 425 of 2007.

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 metres

€27.95

€46.59

€232.94

Exceeding 2.0 square metres

€4.66 per day (subject to a minimum of €93.17)

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 Fgura locality

boundary without the written authorization of the Council.

3.2 Such 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 such authorization shall not be granted

(a) for any political advertisement;

(b) for any advertisement in sites within the Fgura locality

boundary except in those sites enlisted in the First

Schedule.

Provided further 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 two years

which may be renewed for a further two years period by means of a

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

renew the contract after having given valid reasons in writing to

any person concerned.

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 would not 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 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 Second 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.

3.6 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 in terms of these Bye-

Laws to voluntary organizations that 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 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. In any case to the contrary, the person responsible

for removing such adverts shall be guilty of a contravention.

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.

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.

ADVERTISEMENTS ON STREET FURNITURE

(FGURA LOCAL COUNCIL)