ADVERTISEMENTS ON STREET FURNITURE (MSIDA LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(MSIDA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.37

ADVERTISEMENTS ON STREET FURNITURE

(MSIDA LOCAL COUNCIL) BYE-LAWS

22nd November, 1999

LOCAL COUNCIL BYE-LAW 41/16/99, as amended by Local Council

Bye-Law 41/8/2000, and 425 of 2007.

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

Furniture (Msida Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Payment due for every advert

Two weeks

One month

One year

Any area up to 0.25 square metres

€6.99

€11,65

€46.59

Any area up to 1.0 square metre

€13.98

€23.29

€116.47

Any area up to 2.0 square metres

€27.95

€46.59

€232.94

exceeding 2.0 square metres

€4.66 daily with a minimum of €93.17.

In these Bye-Laws, unless the context otherwise requires

"Act" means the Local Government Act;

"advertisements" include 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 Msida 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 Subject to any permit, authorisation, or licence required

u n d e r a n y l a w, n o p e r s o n s h a l l d i s p l a y, f i x o r p l a c e a n y

advertisement on any furniture street furniture within the Msida

locality boundary without the written authorisation of the Council.

3.2 Such 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

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 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

ADVERTISEMENTS ON STREET FURNITURE

(MSIDA LOCAL COUNCIL)

contract.

3.4 The Council may, on awarding the contract mentioned in

bye-law 3.3, authorise the contractor to use the space where the

advertisement 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 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-L aws 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 tender document accepted.

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 authorisation to voluntary

organizations that operate from the locality, 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 appeals without payment.

3.8 Any authorisation 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

authorisation.

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, or affixes without authorisation any

notice or any advertising material, including streamers, with any

property administered by the Council, the Council reserves the

right to remove same at his expense, 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

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.

ADVERTISEMENTS ON STREET FURNITURE

(MSIDA LOCAL COUNCIL)