ADVERTISEMENTS ON STREET FURNITURE (RABAT LOCAL COUNCIL) BYE-LAWS (rabatlocalcouncil)

ADVERTISEMENTS ON STREET FURNITURE

(RABAT LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.126

ADVERTISEMENTS ON STREET FURNITURE

(RABAT LOCAL COUNCIL) BYE-LAWS

21st November, 2005

LOCAL COUNCIL BYE-LAW 50/8/2005, as amended by Legal Notice

425 of 2007.

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

Furniture (Rabat Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

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

From 0.51 to 1.0 square metre

€13.98

€23.29

€116.47

From 1.01 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;

"advertisement" means any type of promotion whether

commercial or otherwise, 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 Rabat (Malta) 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, bins on wheels, benches, planters, boundary walls, columns,

roundabouts, central strips and traffic islands.

1 Subject to any permit, authorization, or licence required

u n d e r a n y l a w, n o p e r s o n s h a l l d i s p l a y, f i x o r p l a c e a n y

advertisement on any street furniture within the Rabat locality

boundary without the written authorization of the Council.

3.2 The authorization may be granted 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

(RABAT 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, 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 in 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 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 accepted tender document.

3.6 The Council may grant authorization in terms of these Bye-

Laws to voluntary organizations that operate from the locality,

parochial and philanthropic organizations 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.

3.7 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.

3.8 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 advert 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

(RABAT LOCAL COUNCIL)