ADVERTISEMENTS ON STREET FURNITURE (BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL) BYE-LAWS (cittàcospicua)

(BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.197

ADVERTISEMENTS ON STREET FURNITURE

(BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL)

BYE-LAWS

2nd February, 2018

LOCAL COUNCIL BYE-LAW 5/5/2018.

The title of these Bye-Laws is the Advertisements on

Street Furniture (Bormla Local Council), Bye-Laws.

(Bye-Law 3.7.)

Fees due for Advertisements on Street Furniture

Fees Due

Size

Two weeks

One month

One year

Up to 0.5 square metre

€6.99

€11.65

€46.59

Up to 1.0 square metre

€13.98

€23.29

€116.47

Up to 2.0 square metres

€27.95

€46.59

€232.94

Exceeding 2.0 square

€4.66 per day

metres

(subject to a minimum of €93.17)

In these Bye-Laws unless the context otherwise

requires:–

"Act" means the Local Government Act;

"advertisement" means any type of promotion or

marketing, whether commercial or otherwise, but excluding a

promotion by a political party, and includes a notice;

"applicant" means the person who applies to the Council

under the provisions of bye-law 3.3;

"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 Bormla (Città Cospicua) Local

Council;

"street furniture" means any object, movable or

immovable, which is the Council’s property or is held by it

under any title whatsoever or is under its responsibility or

control and which although may not substantially form part of

the road, pavement, garden or other public area, would be

placed in such an area or fixed to it, or even placed on it, and

includes dustbins, skips or bins on wheels, benches, poles,

planters, boundary walls, walls, balustrades, columns,

roundabouts, central strips and traffic islands, and any other

object which may be included by the Council by means of a

resolution.

1. No person shall display, fix or place any advertisement

on any street furniture within the Bormla (Città Cospicua) locality

boundary without the written authorization of the Council.

3.2. The granting of such written authorization by the

Council shall not in any way exempt any person from the duty to

request and obtain any permit, authorization, or licence required under

(BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL)

any other law

Provided that the Council shall have the right to withdraw any

authorization granted to any person, where that person fails to obtain

any permit, authorization or licence required under any other law.

3.3. Such authorization by the Council 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 such authorization shall not be granted for any

political advertisement

Provided further that the authorization shall be deemed void if

the applicant provides the Council with incorrect or false information

in his application, or 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 authorization granted by the

Council to the contractor in terms of bye-law 3.4.

3.4. Following a public call by the Council, the authorization

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 time which shall be indicated by

the Council in the public call, and which period of time may be

renewed for a further period of equal time by means of another

contract. In every case the Council reserves the right to refuse to renew

the contract after having given valid reasons in writing to the person

who was awarded the contract.

3.5. The Council may, on awarding the contract mentioned in

bye-law 3.4, authorise the contractor to use the space where

advertisements may be displayed on street furniture, even by leasing

the mentioned space to third parties. In such a case, third parties would

not require the Council’s authorization

Provided that the contractor shall not use or lease 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 or with conditions

different from those stipulated in the original contract.

3.6. Where the authorization is requested by means of a

written application, such authorization may be granted by the Council

at its exclusive and utmost discretion. Should the Council decide to

grant the authorization, it shall do so in writing, which writing shall

include all the conditions attached to the authorization.

(BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL)

3.7. For every authorization granted by the Council in

accordance with these Bye-Laws, there shall be paid a fee as

established in the First Schedule

Provided that for the authorization granted by the Council

following a public call, the fee entitled to be paid to the Council is that

offered in the tender document which has been accepted.

3.8. The Council may, at its sole discretion, grant

authorization in terms of these Bye-Laws to voluntary organizations

that operate from the locality, or non-governmental organizations,

after the Council receives a written request so as to advertise activities

or public notices without payment.

3.9. Any authorization granted under these Bye-Laws is

always subject amongst other conditions, to a condition that the

advertisement shall be removed within one week from the expiry date

of the authorization, notwithstanding the fact that this condition may

not be mentioned specifically in the written authorization. In the event

that the person to whom the authorization is granted fails to respect

this condition, then that person 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 be guilty of an offence and 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 authorization continue to be breached.

Whosoever is responsible for the affixing or placing of

any advertisement to which these Bye-Laws would apply and which is

already affixed or placed at the time of the coming into force of these

Bye-Laws shall be obliged to remove that advertisement within two

months from the day upon which these Bye-Laws come into force.

Provided that the duty to remove such an advertisement shall

cease in the event that such a person requests and acquires the

necessary authorisation from the Council according to the terms of

these Bye-Laws.

The Council reserves the right to remove any

advertisement affixed without authorization or any advertisement

which is not removed by the person authorised within the time-limit

stipulated in these Bye-Laws, at the expense of the person

contravening any of the provisions of these Bye-Laws or infringing

any condition of the authorization given by virtue of these Bye-Laws.

(BORMLA (CITTÀ COSPICUA) LOCAL COUNCIL)