ADVERTISEMENTS ON STREET FURNITURE (G|IRA LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(G|IRA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.28

ADVERTISEMENTS ON STREET FURNITURE

(G|IRA LOCAL COUNCIL) BYE-LAWS

1st October, 1999

LOCAL COUNCIL BYE-LAW 21/8/99, as amended by Legal Notice 425

of 2007 and Bye-Law 21/1/2017.

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

Furniture (G\ira Local Council) Bye-Laws.

In these Bye-Laws, unless the context otherwise requires

2017. "Act" means the Local Government Act;

"administrator" means a person appointed by the Council and

who will administer and manage the overall operation of street

advertising, subject to the terms and conditions that the Council

may impose;

"advertisements" include any commercial advertisements or

notices for all sorts of businesses, both governmental and private

entities, excluding adverts which the Council deems inappropriate;

"authorisation" means the permit given by the Council to the

contractor to fix advertising on the street furniture owned by the

Council according to the contract;

"contractor" means the person in partnership with the Council under

the terms and conditions that the Council may impose after applying

under bye-law 3.2 and who is authorised by the Council to display, fix

or place advertisements on street furniture;

"Council" means the G\ira 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.

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 G\ira locality

boundary without the written authorisation of the Council.

2017.

3.2 The Local Council may grant its authorisation after a public

call has been made for offers submitted to the Local Council

Provided that the authorisation shall be deemed void if the

contractor 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

(G|IRA LOCAL COUNCIL)

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 The authorisation of the Council must be made by means of

a contract in accordance with the regulations and procedures

applicable to Local Councils. Such contract shall be valid for a

period of two years. Renewals are permitted at the Council’s

discretion until a public call is issued. The period of temporary

renewal shall not exceed six months.

3.4 The Council may authorise the contractor to use the space

where advertisements may be displayed on street furniture. The

contractor shall give a monthly report on the advertisements sold

and pay the council according to the contract. The contractor shall

not however sell or transfer, in whole or in part, to third parties, the

authorisation given according to bye-law 3.3.

3.5 For every authorisation granted according to these bye-laws,

the Council shall apportion all income derived from such activity

between itself and the contractor according to the contract.

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-governmental

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 forty-six euro and fifty-nine cents (€46.59) for such

contravention, and to a further fine (ammenda) of two euro and

thirty-three cents (€2.33) for every day during which one of the

provisions of these Bye-Laws or any condition of the authorization

is breached.