SKIPS (}AMRUN LOCAL COUNCIL) BYE-LAWS

SKIPS (}AMRUN LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.05

SKIPS (}AMRUN LOCAL COUNCIL) BYE-LAWS

16th September, 1994

LOCAL COUNCIL BYE-LAW 27/1/94, as amended by Legal Notice 425

of 2007.

The title of these Bye-Laws is the Skips (}amrun Local

Council) Bye-Laws.

Amended by

L.N. 425 of 2007.

(Bye-law 3.2)

}AMRUN LOCAL COUNCIL

IN exercise of the powers conferred by bye-law 3 of the Skips (}amrun

Local Council) Bye-Laws, the }amrun Local Council is hereby authorising

........................................... of ..............................................................................

to place .......................... skip/s within the }amrun locality boundary under the

following terms and conditions

1. The skip shall be of a size, type and colour to be approved in writing by the

Council.

2. No markings shall be printed or affixed to the skip unless authorised by the

Council in writing.

3. There shall be printed or affixed to the skip such markings as may be

indicated by the Council in writing.

4. The skip/s 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 cause the skip to be emptied every ................ or

when it is full, whichever is the earlier.

6. The Skips (}amrun Local Council) Bye-Laws shall apply with respect to all

skips within the }amrun locality.

In these Bye-Laws, unless the context otherwise requires

"Council" means the }amrun Local Council;

"domestic refuse" means household waste from private dwellings

including flats or residential homes, but does not include waste or

refuse of a commercial or industrial nature;

"skip" means any skip supplied by or under the authority of the

Council and placed in a public place within the }amrun locality

boundary, and includes skips intended to be used by the public for

the deposit of domestic refuse.

1. No person, other than the Council, shall have power to

place any skip in any public place within the }amrun locality

boundary.

3.2 The Council may however authorise in writing any person

to place a skip during such times and at such places and under such

other terms and conditions as may be stipulated in the written

authority annexed in the Schedule.

3.3 There shall be payable on application to the Council by the

person granted an authority under this bye-law a fee of ninety-three

cents (0.93) per day for every skip.

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.

No person shall -

4.1

cause any damage to any skip or obliterate any

markings printed on or affixed to any skip; or

4.2

after using the skip, leave its lid open; or

4.3

use the skip for any purpose other than that it is

intended for; or

4.4

when the skip is full, deposit any refuse in a manner

that the lid of the skip will not close properly; or

4.5

when depositing such refuse, spill any refuse outside

the skip; or

4.6

throw or deposit any refuse near the skip; or

4.7

deposit in the skip any refuse, object or substance

which is not of a domestic nature; or

SKIPS (}AMRUN LOCAL COUNCIL)

4.8

deposit in the skip any bulky article, or liquid, or any

refuse, object or substance which the skip is not

intended to receive; or

4.9

remove the skip from where it is placed; or

4.10 after the 1 January, 1996, deposit in a skip any refuse

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

material approved by the Council.

1 Any person who contravenes or fails to comply with any of

the 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

5.1.1 for a first offence to a fine (ammenda) of forty-six

euro and fifty-nine cents (€46.59); and

5.1.2 for a second or subsequent offence to a fine

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

(€69.88).

5.2 In the case of a contravention under bye-law 3, a person

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

euro and eighty-eight cents (€69.88), and in the case of a

continuing offence, to a further fine (ammenda) of eleven euro and

sixty-five cents (€11.65) for each day during which the offence

continues.

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

without prejudice to the right of the Council to recover any civil

damages caused by the commission of the contravention under

these Bye-Laws.

The Council may terminate the authority given in terms of

these Bye-Laws if it is satisfied that any of the terms and conditions

under which the said authority was given has not been complied

with or if there is a substantial change in circumstances which in

the opinion of the Council render it necessary to withdraw the

authority.

SKIPS (}AMRUN LOCAL COUNCIL)

The authorised person shall take out an adequate insurance policy,

acceptable to the Council, against third party liability and to indemnify the

Council against any claims, arising out of, or in relation to, the placement of

any such skip.

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