ADVERTISMENTS ON STREET FURNITURE AND ON THE INTERNET (SAN ĠILJAN LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.129

ADVERTISMENTS ON STREET FURNITURE AND

ON THE INTERNET (SAN ĠILJAN LOCAL COUNCIL)

2020. BYE-LAWS

17th August, 2006

LOCAL COUNCIL BYE-LAW 52/2/2006, as amended by Legal Notice

425 of 2007 and Local Council Bye-Law 52/03/2020.

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

Furniture and on the Internet (San Ġiljan Local Council) Bye-Laws.

2020.

Substituted by

L.N. 425 of 2007;

(Bye-law 3.5)

L.C.B.L. 52/03/2020.

Applicable Fees

Dimensions

Rates

U-shape barriers of the size of 1m x 1m for

not less than €200

each side

Advertising on street furniture such as

not less than €200

benches, pots, poles for every square metre

Advertising on the Web-page and other

(see note)

social media

(Note) The Council reserves the right to establish the applicable rates for advertising on

its social media and other publications.

In these Bye-Laws unless the context otherwise requires -

2020. "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 advertisement on street

furniture under the provisions of bye-law 3.1;

"the Council" means the San Ġiljan 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, walls,

balusters, columns, railings, bus shelters, tree pits, verges, central

reservations, roundabouts, central strips, traffic islands, and u-

shape barriers.

"Web-page" means access of information through Internet access

described as World Wide Web (WWW), which web-page forms part of

the Web Search Engines.

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 San {iljan 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 further 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 a further one year period by means of a

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

renew the contract after presenting valid reasons in writing to the

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 according

to 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 organisations 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.

3.9. As part of the conditions in such contract as mentioned in

these bye-laws, the Council reserves the right establish the site

2020. where these adverts will be placed but also the type of material and

the shape and type of such furniture.

3.10. The contractor will be responsible for the upkeep and

condition of all structures erected in the streets, gardens or other public

2020. places and has to make sure that these are not an obstacle or create any

danger to both pedestrians and vehicles.

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 euro (€50) for such contravention, and to a further fine

2020. (ammenda) of not less than three euro (€3) and not more than fifteen

euro (€15) for every day during which one of the provisions of these

Bye-Laws or any condition of the authorization is breached.

1 The Council reserves the right to remove any

advertisement affixed without authorisation or any advertisement

which is not removed by the authorised person within the time-

2020. 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 authorisation or contract given by virtue of

these Bye-Laws.

5.2. The Council can contract, according to the dispositions and

procedures in the Act, with entities both commercial and non-

commercial so that these entities can place their adverts on the

Local Council Web-page.

5.3. The contract mentioned in bye-law 5.2 will be valid for a period

of one (1) year and can be renewed for another year (1).

ADVERTISMENTS ON STREET FURNITURE AND ON THE

INTERNET (SAN ĠILJAN LOCAL COUNCIL)