ADVERTISEMENTS ON STREET FURNITURE (TA’ XBIEX LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(TA’ XBIEX LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.159

ADVERTISEMENTS ON STREET FURNITURE

(TA’ XBIEX LOCAL COUNCIL) BYE-LAWS

2nd August, 2011

LOCAL COUNCIL BYE-LAW 61/05/2011.

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

Furniture (Ta’ Xbiex Local Council) Bye-Laws.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Size

Fee due

Two Weeks

One Month

One Year

Up to 0.5 square metre

€7

€12

€47

From 0.51 to 1.0 square metre

€14

€24

€117

From 1.01 to 2.0 square metres

€28

€47

€350

Exceeding 2.0 square metres - €7 per day (provided this is not less than €117).

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

"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 Ta’ Xbiex 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,

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

central strips and traffic islands, and any other objects that are

property of the Council.

1 Subject to any permit, authorisation, 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 Ta’ Xbiex locality

boundary without the written authorisation of the Council.

3.2 The 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 further 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 by the Council, the authorisation 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.

ADVERTISEMENTS ON STREET FURNITURE

(TA’ XBIEX LOCAL COUNCIL)

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,

advertisements may only be displayed following the written

authorisation of the Council

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

Provided further that the contractor shall not sell the space

for any advertisement.

3.5 For every authorisation granted by the Council according

to these Bye-Laws a fee shall be paid as established in the

Schedule

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 document of the accepted tender.

3.6 Notwithstanding the authorisation granted under these

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

responsible for any permits or licences necessary under any other

law.

3.7 The Council may grant authorisation in terms of these Bye-

Laws to voluntary organisations that operate from the locality and

philanthropic societies or non-governmental organisations as

defined in the Voluntary Organisations Act, after the Council

receives a written request so as to advertise activities or public

notices without payment.

3.8 Any authorisation 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

authorisation. 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 authorisation 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 (ammenda) of not less than two euro and fifty cents

(€2.50) and not more than twelve euro (€12) for every day during

which one of the provisions of these Bye-Laws or any condition of

the authorisation is breached.

ADVERTISEMENTS ON STREET FURNITURE

(TA’ XBIEX LOCAL COUNCIL)