SKIPS AND BINS ON WHEELS (MELLIE}A LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.39

SKIPS AND BINS ON WHEELS

(MELLIE}A LOCAL COUNCIL) BYE-LAWS

3rd January 2000

LOCAL COUNCIL BYE-LAW 37/18/99, as amended by Legal Notice 425

of 2007.

The title of these Bye-Laws is the Skips and Bins on

Wheels (Mellie]a Local Council) Bye-Laws.

L.N. 425 of 2007.

(Bye-law 3.2)

MELLIE}A LOCAL COUNCIL

IN exercise of the powers conferred by bye-law 3 of the Skips and Bins on

Wheels (Mellie]a Local Council) Bye-Laws, the Mellie]a Local Council is hereby

authorising .......................... residing at ...................................................................

Licence No. .................. I.D. Card No. ............... ( ) name of enterprise or company

............................. VAT No. .................... Tel. No./Fax ................ to place .............

skip/s/bin/s on wheels in the Mellie]a locality boundary under the terms and

conditions specified hereunder

1. The skip/bin on wheels shall be of a size, type and colour to be approved in

writing by the Council.

2. No markings shall be printed on or affixed to or removed from the skip/bin

on wheels unless authorised by the Council in writing.

3. There shall be printed on the skip/bin on wheels such markings as may be

authorised by the Council in writing.

4. The skip/bin on wheels shall be placed on the site/s indicated by the Council

on the attached site plan provided by the same Council.

5. The authorised person shall ensure that the skip/bin on wheels is emptied

every ............. or when it is full, whichever is the earlier.

6. The Skips and Bins on Wheels (Mellie]a Local Council) Bye-Laws shall

apply to each and every skip/bin on wheels within the Mellie]a locality

boundary.

7. The authorised person has to ensure that all preventive precautions for the

conservation of the environment and for the protection of the citizen, are

being implemented.

In these Bye-Laws, unless the context otherwise requires

"authorised person" means any person holding a permit or his

representative and any resident of any street or part thereof who is

the only person authorised in accordance with bye-law 3.1;

"bin on wheels" means any recipient on wheels that may be

closed by means of a lid, supplied by or under the authority of the

Council and placed in a public place within the Mellie]a locality

boundary, for the deposit of domestic refuse, but does not include a

skip;

"commercial and/or industrial waste or refuse" means any waste,

originating from any shops, factories, enterprises, companies and

other entities operating in commerce and industry and includes all

bulky refuse in general;

"Council" means the Mellie]a Local Council;

"domestic refuse" means all type of waste not being of a

commercial nature but household waste originating from private

dwellings including flats or residential homes;

"skip" means any open or closed skip supplied by the Council or

under its authority in a public place by a person duly authorised by

the Council within the Mellie]a locality boundary, and which

includes any other recipient of this kind, used for the deposit of

commercial and/or industrial waste, but does not include bin on

wheels.

Substituted by

L.N. 425 of 2007.

(Bye-law 5.1)

CATEGORIES OF ESTABLISHMENTS AND FEES

Column 1

Column 2

CATEGORIES

FEES FOR USE ON SKIPS

Category No. 1

Bars, snack bars, clubs, institutions and any

No fees.

other organisations, sport centres, grocers,

Registration with the Council

bakeries, butchers, chemists, hairdressers,

only

salons, bazaars, stationeries, confectioneries,

tailors, pet shops, plant and flower shops,

clothes shops, offices, clinics, halls and any

other commercial outlets and churches, antique

shops, ironmongers, carpenters, household

appliances shops, aluminium manufacturers

and hawkers selling nougat

Category No. 2

Mobile kiosks and hawkers selling fast foods,

A fee of €23.29 for the

who require a temporary licence to operate on

duration of the licence

the days of a feast in the locality.

Category No. 3

Restaurants, guest houses, schools, homes for

A fee of €116.47 per annum

the elderly, banks, showrooms green grocers,

hawkers.

Category No. 4

Mechanics, panel beaters, sprayers, tyre

A fee of €232.94 per annum

service, petrol stations, blacksmiths.

Category No. 5

Hotels, holiday complexes, industrial

A fee of €1,397.62 per annum

establishments including enterprises or co-

operatives or any other enterprise, government

departments, parastatal entities or corporations,

excluding construction sites or stone quarries.

Category No. 6

Any other industrial establishment not falling

A fee of €931.75 per annum

under any of the categories mentioned in this

scheme, other than those already included in

Category No. 5.

1 No person, without the authority of the Council, shall have

the power to place any skip or bin on wheels in any public place

within the Mellie]a locality boundary.

3.2 The Council may, however, authorise in writing any person

to place a skip or bin on wheels during such times and at such

places and under such terms and conditions as may be stipulated in

the written authority by the Council annexed in Schedule A.

3.3 When a written authority is granted, there shall be payable

to the Council -

3.3.1 in the case of a skip, a fee of one euro and sixteen

cents (1.16) per day for every skip;

3.3.2 in the case of a bin on wheels, twenty-three cents

(0.23) per day for every bin.

3.4 Any person who contravenes any provision of this bye-law

or who fails to comply with any of the conditions stipulated in the

written authority, shall be guilty of a contravention.

1. A person shall be deemed to be guilty of a contravention

if -

4.2

he causes any damage to any skip or bin on wheels or

obliterates any markings printed on or affixed

thereon; or scribbles or makes any mark on any skip

or bin on wheels without the consent of the Council,

or of the person to whom authority has been granted

to place a skip or bin on wheels under bye-law 3, as

the case may require; or

4.3

after using the skip or bin on wheels he leaves its lid

open or ajar, or deposits any refuse in such manner as

to impede the lid from closing properly or will

remain ajar; or

4.4

he uses the skip or bin on wheels for any purpose

other than that it is intended for, or deposits any

waste or refuse which the skip or bin on wheels is not

intended to receive; or

4.5

he deposits any waste or refuse outside, around or

near the skip or bin on wheels; or

4.6

he removes or misplaces the skip or bin on wheels

from where it is placed by the Council or by any

person duly authorised without having obtained

authority in writing to do so from the Council; or

4.7

he deposits waste or refuse in a skip or bin on wheels

which is not supplied by the Council but placed by a

person to whom authority has been granted by the

Council in accordance with these Bye-Laws; or

4.8

he deposits in a bin on wheels any domestic refuse

which is not contained in a closed bag, of a type and

material approved by the Council; or

4.9

he deposits waste or refuse in a skip or bin on wheels

other than that for which written authority has been

issued by the Council;

4.10 he deposits any waste or refuse whether of a

commercial and/or industrial or domestic nature,

which waste or refuse has not originated from within

the Mellie]a locality boundary.

1 Any person who, wholly or partially, engages in or

operates a commercial and/or industrial activity within the

Mellie]a locality boundary and whose field of operation falls under

one of the establishment categories shown under Column 1 of

Schedule B, shall register with the Council in order to be granted

authority to deposit commercial and/or industrial waste in the skips

supplied by or authorised by the Council in the Mellie]a locality

boundary.

5.2 Without prejudice to the provisions of bye-law 5.1, every

person in Category 1 of Schedule B can dispose of commercial and/

or industrial waste in a bin on wheels.

5.3 For each registration made under bye-law 5.1 as fee as

shown in Column 2 of Schedule B shall be payable to the Council.

5.4 The Council may, for a valid reason given in writing,

refuse to register a person under bye-law 5.1.

5.5 The applicant shall only commence to make use of the skip

or bin on wheels after the application has been approved by the

Council and after he would have received such approval in writing.

Should the applicant make use of the skip or bin on wheels prior to

the receipt of such approval, he shall be guilty of a contravention.

1 Subject to the provisions of bye-laws 6.2 and 6.3, any

person wh o cont ravenes or fails to compl y wit h any of t he

provisions of bye-law 4 shall be deemed to have committed a

contravention and shall, on conviction, be liable, unless a higher

penalty is applicable under any other law -

6.1.1 for a first contravention to a fine (ammenda) of forty-

six euro and fifty-nine cents (€46.59), and

6.1.2 for a second or subsequent contravention to a fine

(ammenda) of sixty-nine euro and eighty-eight cents

(€69.88).

6.2 In the case of a contravention under bye-laws 3 and 5.5, a

person shall be liable on conviction to a fine (ammenda) of sixty-

nine euro and eighty-eight cents €69.88).

6.3 In the case of a continuing offence, a person shall be liable

on conviction to a further fine (ammenda) of eleven euro and sixty-

f i v e c e n t s ( € 11 . 6 5 ) f o r e a c h d a y d u r i n g w h i c h t h e o ff en c e

continues.

6.4 The imposition of a penalty under this bye-law shall be

without prejudice to the right of the Council to sue for civil

damages caused by the commission of any contravention under

these Bye-Laws.

The Council may terminate the authority given, and, or

cancel the registration made under these Bye-Laws if it is satisfied

that any of the terms and conditions under which the said authority

was granted or registration made has not been complied with, or if

there is a substantial change in circumstances which in the opinion

of the Council renders it necessary to withdraw the authority or

cancel the registration. In this case the Council shall not be obliged

to refund any fee that would have already been paid to the Council

under Schedule B.

Amended by

At all times during the period of authorisation the authorised person must

apply for an adequate insurance policy, acceptable to the Council, against

third party liability and indemnify the Council against any claims arising out

of, or in relation to, the placement or use of any such skip/bin on wheels.

Subject to earlier termination for non-compliance of the above terms or

conditions this authority shall be valid for a period of ..................................

commencing on ..................................... .

This authority is subject to the payment of a fee of € ............. .

Mayor

Secretary

SKIPS AND BINS ON WHEELS

(MELLIE}A LOCAL COUNCIL)