ADVERTISEMENTS ON STREET FURNITURE (PIETÀ LOCAL COUNCIL) BYE-LAWS (kunsillilokalipietà)

ADVERTISEMENTS ON STREET

FURNITURE (PIETÀ LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.14

ADVERTISEMENTS ON STREET FURNITURE

(PIETÀ LOCAL COUNCIL) BYE-LAWS

22nd August, 1997

LOCAL COUNCIL BYE-LAW 47/1/97, as amended by Legal Notice 425

of 2007.

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

Furniture (Pietà Local Council) Bye-Laws.

In these Bye-Laws, unless the context otherwise requires

"Act" means the Local Government Act;

"advertisements" includes notices;

"applicant" means the person who applies to the Council under

the provisions of bye-law 3.2;

"contractor" means the person who has been authorized by the

Council to display, fix or place any advertisement on street

furniture under the provisions of bye-law 3.1;

"Council" means the Pietà 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 and other public area, would be placed in such

area or fixed to it, or even placed on it, and includes dustbins,

benches, planters, boundary walls, walls, columns, roundabouts,

central strips and traffic islands.

1 Without prejudice to any permit, authorisation, or licence

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 Pietà locality

boundary without the written authorisation of the Council.

3.2 The written authorisation 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 authorisation shall be deemed void if the

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 authorisation

granted by the Council to the contractor in terms of bye-law 3.3.

3.3 Following a public call, the authorisation of the Council

must 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.

ADVERTISEMENTS ON STREET

FURNITURE (PIETÀ LOCAL COUNCIL)

3.4 The Council may, on entering 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 authorisation

Provided that the contractor cannot use or sell the space for

advertisement that is prohibited on the contract, or at a higher price

than that established by the Council on the contract.

3.5 Upon every authorisation granted by the Council according

to these bye-laws a fee of fifty cents must be paid for every day that

the advertisement is displayed

Provided that for the authorisation 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 Notwithstanding the authorisation granted under these bye-

laws, the person to whom it is given is personally responsible for

any permits or licenses necessary under any other law.

3.7 The Council may grant authorization to voluntary

organizations that operate from the locality, or non-government

organizations as listed in the Eighth Schedule to the Act after the

Council receives a written request so as to advertise activities or

public appeals without payment.

3.8 All authorizations granted under these bye-laws are 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 authorisation given by virtue

o f t h e s e by e -l a w s , s h a l l , o n c o n v ic t i o n , b e l i a b l e t o a f in e

(ammenda) of forty-six euro and fifty-nine cents (€46.59) for such

contravention, and to a further fine (ammenda) of two euro and

thirty-three cents (€2.33) for every day during which one of the

provisions of these bye-laws or any condition of the authorisation

is breached.