ADVERTISEMENTS ON STREET FURNITURE (SAN PAWL IL-BA}AR LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(SAN PAWL IL-BA}AR LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.16

ADVERTISEMENTS ON STREET FURNITURE

(SAN PAWL IL-BA}AR LOCAL COUNCIL)

BYE-LAWS

12th June, 1998

LOCAL COUNCIL BYE-LAW 55/1/98, as amended by Legal Notice 425

of 2007.

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

Furniture (San Pawl il-Ba]ar Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

Fees due for Advertisement on Street Furniture

Specifications

Fee due

Fortnightly

Monthly

Annual

up to 0.1 square metres

€6.99

€11.65

€46.59

up to 1.0 square metres

€13.98

€23.29

€116.47

up to 2.0 square metres

€27.95

€46.59

€232.94

exceeding 2.0 square metres

€4.66 per day (provided this is not less than €93.17)

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 authorised by the

Council to display, fix or place any advertisement on street

furniture under the provisions of bye-law 3.1;

"Council " means the San Pawl il-Ba]ar Local Council;

"street furniture " means any object, moveable 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 areas, would be placed in such

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

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

strips and traffic islands.

1 Without prejudice to any permit, authorisation, or licence

required under any law, no person shall display, fix or place any

advertisement on any street furniture within the San Pawl il-Ba]ar

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

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

ADVERTISEMENTS ON STREET FURNITURE

(SAN PAWL IL-BA}AR LOCAL COUNCIL)

which may be renewed for a further one year period.

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 shall not use or sell the space

for any 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 t hese bye-laws there shall be paid a fee indicated 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 accepted tender document.

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 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 Any authorisations 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 authorisation.

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 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 authorisation

is breached.

ADVERTISEMENTS ON STREET FURNITURE

(SAN PAWL IL-BA}AR LOCAL COUNCIL)