ADVERTISEMENTS ON STREET FURNITURE (SAN {WANN LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(SAN {WANN LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.18

ADVERTISEMENTS ON STREET FURNITURE

(SAN {WANN LOCAL COUNCIL) BYE-LAWS

3rd October, 1998

LOCAL COUNCIL BYE-LAW 53/3/98, as amended by Local Council

Bye-Law 53/16/2001, and Legal Notice 425 of 2007.

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

Furniture (San {wann Local Council) Bye-Laws.

Added by

L.C.B.L. 53/16/2001.

(Bye-law 3.5)

Sustituted by

L.N. 425 of 2007.

Fees due for Advertisement on Street Furniture

Specification

Fee due

Two weeks

One month

One year

up to 0.1 square metres

€11.65

€46.59

€116.47

up to 1.0 square metres

€23.29

€69.88

€163.06

up to 2.0 square metres

€34.94

€93.17

€349.41

exceeding 2.0 square metres

€4.66 per day (subject to a minimum of €186.35)

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

2001. "advertisement" 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;

"Council" means the San {wann 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, poles, planters, boundary walls, walls, railings, columns,

roundabouts, central strips and traffic islands and any other object

which may be included by the Council by means of a resolution.

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 {wann 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 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 {WANN 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 these Bye-L aws a fee shall be paid as established in the

2001. 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 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 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.

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

(SAN {WANN LOCAL COUNCIL)