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

SUBSIDIARY LEGISLATION 363.127

ADVERTISEMENTS ON STREET FURNITURE

(KIRKOP LOCAL COUNCIL) BYE-LAWS

31st January, 2006

LOCAL COUNCIL BYE-LAW 31/9/2005, as amended by Legal Notice

425 of 2007.

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

Furniture (Kirkop 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

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

€4.6 6 per d ay (p ro vi ded th is is not less than

€116.47)

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 made, exhibited, fixed or placed in any public place within

the Kirkop 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;

"the Council" means the Kirkop Local Council;

" p e r so n " m e a n s a n y i n d i v i d u a l , a n y c o m m e r c i a l o r n o n -

commercial or governmental organisation, as well as any voluntary

and non-voluntary organisation;

"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, 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

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 Kirkop locality

boundary without the written authorization of the Council.

3.2 The 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

which may be renewed for further periods one year each by means

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

to renew the 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 law or in terms of the

contract.

3.5 Upon every authorization granted by the Council according

to these Bye-Laws, there shall be paid a fee as indicated in the

Schedule

Provided that for the authorization granted by the Council

following a public call, the fee due to the Council shall be that

offered in the tender document which has been accepted.

3.6 For any authorization granted, the Council may request a

deposit of money by way of guarantee.

3.7 Notwithstanding the authorization granted under these

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

responsible to obtain any permit or licence required under any other

law.

3.8 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 a written request to advertise activities or public

notices free of charge is received.

3.9 Any person who displays, fixes or places any

advertisement on any street furniture within the Kirkop locality

boundary without the written approval of the Kirkop Local Council

shall be guilty of a contravention.

3.10 Any authorization granted under these Bye-Laws shall be

subject, amongst other conditions, to the condition that the

advertisement shall be removed within one week from the expiry

date of the authorization. In the event of non-compliance, the

person responsible for removing such adverts shall be guilty of a

contravention.

3.11 If, in the opinion of the Council, any advertisement is in

breach of any law or any provision of the contract as indicated in

bye-law 3.4, this shall be removed as soon as requested by the

Council. In the event of non-compliance, the responsible person

shall be guilty of a contravention.

3.12 If, following a request for the removal of an advertisement

as indicated in bye-laws 3.10 and 3.11, there is non-compliance, the

Council shall have the right to remove the advertisement at the

expense of the contractor.

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

such contravention, and to a further fine (ammenda) of 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

(KIRKOP LOCAL COUNCIL)