ADVERTISEMENTS ON STREET FURNITURE (BIRGU LOCAL COUNCIL) BYE-LAWS (birgulocalcouncil)

ADVERTISEMENTS ON STREET FURNITURE

(BIRGU LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.185

ADVERTISEMENTS ON STREET FURNITURE

(BIRGU LOCAL COUNCIL) BYE-LAWS

5th October, 2017

LOCAL COUNCIL BYE-LAW 13/6/2017. 

The title of these Bye-Laws is the Advertisements on

Street Furniture (Birgu Local Council) Bye-Laws.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture: €50 per year.

In these Bye-Laws, unless the context otherwise

requires

"Act" means the Local Government Act;

"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 Birgu 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 object which may be included by

the Council by means of a resolution.

1 Subject to any permit, authorisation, or licence

required under any law, no p e rso n shall display, fix or

pl ace any advertisement on any street furniture within the Birgu

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

ADVERTISEMENTS ON STREET FURNITURE

(BIRGU LOCAL COUNCIL) BYE-LAWS

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 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.

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 by the contract.

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 authorization 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, parish organizations

and philanthropic societies 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.

3.8 Any authorization granted under these Bye-Laws is

subject amongst other conditions to a condition that the

advertisement shall be remo ved w ithin one week from the

expiry date of the authorization.

Every person who is in breach of one of the provisions

ADVERTISEMENTS ON STREET FURNITURE

(BIRGU LOCAL COUNCIL) BYE-LAWS

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 forty-seven (€47) 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 authorization is breached.