ADVERTISEMENTS (ĦAL LIJA LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.196

ADVERTISEMENTS

(ĦAL LIJA LOCAL COUNCIL)

BYE-LAWS

3rd January, 2018

LOCAL COUNCIL BYE-LAW 32/04/2018.

The title of these Bye-Laws is the Advertisements (Ħal

Lija Local Council) Bye-Laws.

(Bye-law 4.2)

Fees due for Advertisements on Street Furniture and on Billboards

Specifications

Fee due

Two Weeks One Month One Year

Up to 0.25 square metre

€10

€25

€100

Up to 1.0 square metre

€20

€35

€150

Up to 2.0 square metres

€50

€150

€500

Exceeding 2.0 square metres - €10 per day (subject to a maximum of

€200).

In these Bye-Laws unless the context otherwise requires

"Act" means the Local Government Act;

"advertisement" includes notices and any commercial or non-

commercial promotion;

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

accordance with the provisions of these Bye-Laws in order to place an

advertisement on any street furniture or anywhere in Ħal Lija, the

Council’s Web-page or any Council publication;

"authorised person" means any person who is authorised by the

Council in accordance with the provisions of bye-law 3.2 in order to

display, fix or place any advertisement on any street furniture in Ħal

Lija, the Council’s Web-page or any Council publication;

"billboard" means any erected structure on which Council

advertisements, notices or notifications are affixed or exhibited, and

which is in conformity with specifications established for this purpose

according to regulations and procedures established in any other law;

"Council" means the Ħal Lija Local Council;

"Council publication" means any publication made by the

Council, and includes newsletter, magazine, leaflet, brochure, journal,

notice and any other documentation made for the information of the

public, whether against payment or not;

"Contractor" means the person authorised by the Council to

display, fix or place an advertisement on the street furniture according

to the dispositions of bye-law 3.1;

"social media" means any Council websites and applications

that enable users to create and share content or to participate in social

networking in the name of the 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, and bins on wheels, litter

bins, benches, planters, boundary walls, walls, balustrades, columns,

notice-boards, poles, railings, bus shelters, tree pits, verges and central

reservations, roundabouts, central strips and traffic islands and any

other property that is included by the Council through a resolution;

"Web-page" means access to information on a system and

database by means of the Internet, described as the World Wide Web

(WWW), which web-page can be advertised on the so-called Web

Search Engines.

1. A person may apply to the Council or make an offer, as

the Council decides, in order to make an advertisement on any street

furniture, the Council Web-page, social media or any Council

publication.

3.2

The authorisation may be given either after an application

in writing is made for such purpose to the Council, or after a public call

for applications is made by the Council.

3.3

When the Council makes a public call for tenders, the

authorisation by the Council shall be by means of a contract drawn up

in accordance with the regulations and procedures applicable to Local

Councils

Provided that the contract is valid for a period of one year

which may be renewed for a further period of one year by means of a

contract. In all cases, the Council shall have the right to refuse to renew

the contract after giving valid reasons in writing to the person

concerned.

3.4

The contract shall stipulate that the authorised person

shall not sell the space to third parties or make an advertisement which

is prohibited by the contract, or which is against public morals or which

incites the public against the State or against the Council.

3.5

For any authorisation given by the Council according to

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

Provided that when the authorisation by the Council is

given after a public call for tenders, the fee payable to the Council shall

be offered in the successful tender.

1. The Council may authorise a person to display, fix or

place an advertisement on any street furniture within the boundaries of

the Ħal Lija locality.

4.2. For every authorisation given by the Council in

accordance with these Bye-Laws allowing the display, fixing or placing

of advertisements on street furniture, after an application is made to the

Council for this purpose, there shall be paid a fee as stipulated in

Schedule

Provided that in the case of any authorisation given by

the Council after a public call for tenders, the fee payable to the

Council shall be that offered in the successful tender.

4.3. All authorisations for an advertisement on street

furniture 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. If this is not

the case, the responsible person shall be guilty of a contravention.

4.4. The Council shall have the right to erect a number of

billboards within the boundaries of the Ħal Lija locality, over which

every person may fix or display an advertisement after being granted

authorisation in terms of these Bye-Laws, and after that Council has

obtained the necessary permit or licence necessary under any other

law.

The Council may, against payment, authorise any person

to include or attach the Council’s official Web-page or social media

with, or over another Web-page, after an application for this purpose

has been made

Provided that the Council may decide to authorise a

person to do so free of charge.

The Council may give an authorisation to any person to

make an advertisement on any Council publication, either after an

application in writing has been made to the Council for such purpose

or after a public call for applications has been made by the Council.

Notwithstanding the authorisation granted under these

Bye-Laws, the person to whom it is given is personally responsible for

any permits or licences necessary under any other law.

The Council may, in terms of these Bye-Laws, give an

authorisation free of charge, to voluntary or philanthropic

organisations or other organisations which operate from the locality,

after they have made a request in writing to advertise activities or

appeals to the public.

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 seventy euro (€70) for such contravention, and to a further fine

(ammenda) of fifteen euro (€15) for every day during which one of the

provisions of these Bye-Laws or any condition of the authorisation is

breached.