ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) BYE-LAWS

ADMINISTRATION OF COUNCIL OF EUROPE GARDENS

G|IRA (G|IRA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.52

ADMINISTRATION OF COUNCIL OF EUROPE

GARDENS G|IRA (G|IRA LOCAL COUNCIL)

BYE-LAWS

30th June, 2000

LOCAL COUNCIL BYE-LAW 21/10/2000, as amended by Legal Notice

425 of 2007.

The title of these Bye-Laws is the Administration of

Council of Europe Gardens G\ira (G\ira Local Council) Bye-Laws.

(Bye-law 2)

BOUNDARIES OF SITE KNOWN AS COUNCIL OF EUROPE GARDENS G|IRA

(Shaded Area)

1

In these Bye-Laws unless the context otherwise requires

"Act" means the Local Government Act;

"administration" h as t he same meaning assigned t o it by

regulation 43(2) of the Local Government (Financial) Regulations;

"applicant" means the person, organisation or body of persons

who apply to the Council for authorisation for the use of the Garden

under the provisions of bye-law 7;

"authorisation" means the authorisation granted by the Council

to any applicant under the provisions of bye-law 7;

"authorised person" means the person, organisation or body of

persons who has been granted authority for the temporary use of

the Garden under the provisions of bye-law 7;

"children" means those persons under the age of fourteen years;

"commercial activity" means any activity which has as its

primary objective the commercial promotion or sale of goods or

services as designated in Part 3 of the Third Schedule, or any other

activity which is deemed to be so by the Council;

"Committee of Management" means the Council or any

Committee set up by the Council in accordance with the provisions

of article 47 and Standing Orders 26 to 28 of the Sixth Schedule to

the Act in order to carry out the function of administration of the

Garden on behalf of the Council under the terms stipulated in bye-

law 9;

"Council" means the G\ira Local Council;

"curator" means the person appointed by the Council as

administrator of the Council of Europe Gardens G \ ira in

accordance with the provisions of bye-law 6;

"exclusive use" means the use of the garden by any person or

organisation as indicated in bye-law 8, which gives the right to

such person or organisation to charge an admission fee for the

authorised activity;

"Garden" means the Council of Europe Gardens G\ira;

"Council of Europe Gardens G\ira" means the garden located in

G\ira and situated between Triq ix-Xatt and the Yacht Marina as

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designated in the site-plan as the shaded area in the First Schedule;

"non-commercial activity" means any activity relating to

educational, social, cultural or informational purposes as

designated in Part 3 of the Third Schedule, but not concerning as its

primary objective the commercial promotion or sale of goods or

service;

"opening hours" means the period of time during which the

Garden is open to the public and which shall be determined by the

Council from time to time;

"organisation" means any association, organisation or body of

persons, whether governmental or non-governmental;

"Secretary" means the Executive Secretary of the G\ira Local

Council;

"site" means the area within the boundaries as designated in the

First Schedule;

"temporary use" means a period not exceeding fifteen days or

any lesser period.

Substituted by

L.N. 425 of 2007.

(Bye-law 3)

ENTRANCE FEE

The entrance fee shall be of 23 cents per person.

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1 The Council shall have the right to charge an admission fee

to any person who wishes to enter the Garden

Provided that the Council may give a concession for free

admittance to any person or organisation as it may decide by

resolution.

3.2 The admission fees are those stipulated in the Second

Schedule, which may be varied by the Council from time to time by

means of other Bye-Laws.

3.3 The collection of these fees shall be made either by the

person who is authorised by the Council to do so, or by any other

means as the Council may determine.

Amended by

L.N. 425 of 2007.

PART 1

(Bye-law 7.2)

APPLICATION FORM

(This application is being made in terms of the provisions of the Administration of

Council of Europe Gardens G\ira (G\ira Local Council) Bye-Laws, and subject to

the terms and conditions stipulated in Part 2 of this Schedule).

Application No.: (to be inserted by Council) .........................................................

Name of Applicant: ...............................................................................................

Identity Document No./Passport No.: ....................................................................

Position in Organisation: ......................................................................................

(e.g. President, Secretary, etc.)

Name of Organisation: ..........................................................................................

Official Address: ..................................................................................................

Tel. No.: ............................................... Fax No.: .................................................

Activity to be carried out: .....................................................................................

(give full details)

Whether a Commercial/Non-Commercial Activity (delete as appropriate) (see Part

3 to this Schedule)

Whether exclusive use is requested: Yes/No (delete as appropriate) (see bye-law 7

of the Bye-Laws. If yes, attach site-plan indicating exclusive area requested)

Number of persons participating: ..........................................................................

Date/s of Activity

From ................................ to .......................................

Duration

From (time) ...................... to (time) .............................

Fee Paid: Lm ........................................ Caution Money Paid: € ........................

(if charged)

Receipt No: ..................................... (to be filled by Council)

Executive Secretary/Mayor*

Date

*signifying Council’s Authorisation

Council rubber stamp

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PART 2

(Bye-law 7.3)

TERMS AND CONDITIONS FOR THE AUTHORISATION OF THE

TEMPORARY USE OF THE COUNCIL OF EUROPE GARDENS G|IRA

1. The authorisation shall only be valid if it bears the signature of the Council

Executive Secretary or the Mayor and on the dates and times indicated in the

authorisation and as regards the authorised areas.

2. The Council shall have the right to revoke the authorisation at any time for

any breach of any of these terms and conditions or of any provision of the

Bye-Laws. The Council also has the right to revoke the authorisation if the

activity is deemed contrary to public decency or immoral.

3. If the Council revokes the authorisation for any of the reasons mentioned in

paragraph 2, the authorised person shall not be refunded the fee paid or any

part thereof.

4. The authorisation is subject to any permit or licence necessary under any

other law, and which the applicant is obliged to obtain himself.

5. The authorised person may not carry out any activity which is not indicated in

the authorisation.

6. The authorised person shall be held responsible for any theft, misuse or

damage caused in the Garden as a consequence of the authorised activity.

7. The authorised person shall keep the place where the activity is held clean

from any waste at all times during the activity.

8. The apparatus, devices, furniture and other accessories used during the

activity have to be removed from the Garden by not later than ........................

after the termination of the activity.

9. The manner by which the activity is to be held shall be discussed beforehand

between the applicant and Council Secretary or the curator of the Garden, and

the authorised person is bound to effect the adjustments recommended by the

Executive Secretary/curator.

10. Any noise shall cease at 12.00 midnight (during the Summer time period) and

11.00 p.m. (Winter period).

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PART 3

(Bye-law 7.4)

FEES DUE FOR ACTIVITIES REQUIRING

AUTHORISATION BY THE COUNCIL

Type of Activity

Fee Due

1. COMMERCIAL ACTIVITIES DURING ANY ONE

DAY

Photo Session (excluding Weddings, Engagement,

Holy Communion and Confirmation photo session),

€232.94 for the first

advertising, modelling and fashion shows, fairs, etc.,

hour.

and the filming and productions in connection

therewith, and any other activity so deemed in

€58.23 for every

accordance with bye-law 2 of these Bye-Laws.

additional hour.

2. NON-COMMERCIAL

Plays, soirees, musical and literary activities, media

production and photo session connected with

Weddings, Engagements, Holy Communion and

Confirmation, and any other activity so deemed in

accordance with bye-law 2 of these Bye-Laws.

€23.29 per day.

3. COMMERCIAL ACTIVITIES EXCEEDING 24

€349.41 per 24

HOURS BUT NOT EXCEEDING ONE WEEK

hours or part

thereof.

4. COMMERCIAL ACTIVITIES EXCEEDING ONE

€465.87 per day or

WEEK

part thereof.

1 In all areas of the Garden, children not accompanied by

adults, bicycles, ball-games, skate-boarding, roller-skating, blade-

rollers, and animals, are prohibited.

4.2 No motor vehicle shall enter the Garden unless authorised

to do so in writing by the Council.

For the purpose of record-keeping, the Council may install

any turnstile or other device which would automatically register the

number of persons admitted into the Garden.

1 The Council may appoint a person to act as curator of the

Garden.

6.2 The engagement of the curator shall be by means of a

contract for a period of one year, which may be renewed for further

successive periods of one year each.

6.3 The curator shall be the administrator of the Garden. His

functions shall be -

(a) to administer the day-to-day running of the Garden;

(b) to have custody of all the assets within the Garden;

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(c) to manage, supervise and give any instruction to any

person carrying out duties within the Garden or any

other duty connected thereto;

(d) to draw up a detailed and up-to-date inventory of all

the items within or pertaining to the Garden;

(e) to grant permission for the use of any furniture,

fittings, equipment, vehicles, plant, machinery or any

other item under his control, within the boundaries of

the Garden;

(f)

to carry out periodic checks on all items on the

inventory and report any surplus or deficiency to the

Executive Secretary;

(g) to take measures of control and storage of all items on

the inventory;

(h) to maintain an accurate inventory of stock items;

(i)

to draw up a report of any incident occurring within

the boundaries of the Garden whenever he is required

to do so by the Executive Secretary;

(j)

to issue entrance block tickets issued by the Council to

any person or organisation who books for admission in

advance, and to take any decision concerning

admission or expulsion from the Garden as he deems

necessary in the circumstances; provided that he has

no authority to grant or revoke any authorisation

which is incumbent on the Council;

(k) to keep a record of all the activities held in the Garden

and those which are scheduled to take place, where

authority has been granted;

(l)

to deposit with the Executive Secretary, every day, the

monies collected from admission fees and those

collected in the coin-operated machines as well as

draw up weekly financial statements and forward them

to the Executive Secretary;

(m) to draw up a quarterly administrative report to the

Council, which shall include recommendations for

improvements to the Garden and the system of

management in general;

(n) to carry out any other duties that may be detailed or

delegated to him by the Council.

1 The Council shall have the right to give authorisation in

writing to any person or organisation for the temporary use of the

Garden, for which a fee shall be paid to the Council.

7.2 The written authorisation issued in terms of bye-law 7.1

shall be granted under the signature of the Executive Secretary or

the Mayor after an application has been made to the Council on the

form prescribed in Part 1 of the Third Schedule

Provided that a commercial activity shall only be

authorised by the Council by resolution. In the case of doubt

whether an activity is commercial or non-commercial, this shall be

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decided by the Council whose decision shall be final

Provided further that in the case of application for

Wedding, Engagement, Holy Communion and Confirmation photo-

sessions, the author isation shall be given by the Executive

Secretary on application.

7.3.1 Any authorisation given shall be subject to terms and

conditions stipulated in Part 2 of the Third Schedule.

7.3.2 A copy of the terms and conditions for a given

authorisation may be put up by the Council in a

prominent place at the entrance to the Garden for the

duration of the activity.

7.4 The applicant shall pay a fee as stipulated in Part 3 of the

Third Schedule, according to the nature of the activity

Provided that the fee paid shall be refunded to applicant if

the authorisation is not granted, for any reason, by the Council, and

to any applicant who cancels his application at least one week from

the first day of the activity

Provided further that the authorisation shall be deemed not

valid if the authorised person fails to comply with the terms and

conditions conditions established in the authorisation or if he fails

to abide by any instruction given to him by the Council. In such an

instance, the fee which would have been paid would be forfeited in

favour of the Council.

7.5.1 The Council shall have the right to give an

authorisation to an applicant who intends to make an

activity for which the authorised person may charge

an admission fee. In this case, the Council shall have

the right to receive up to twenty per cent (20%) of all

proceeds from the admission fee charged for the

authorised activity

Provided that, in all cases the Council shall receive

not less than 25c per adult.

7.5.2 The Council shall also have the right to receive a

maximum of twenty per cent (20%) of all the

proceeds

from

sponsorship,

commercial

advertisements or sales derived from or as a result of

the authorised activity.

7.6 The Council may request also the authorised person to pay

any additional costs and expenses incurred by the Council as a

consequence of the activity, including utilities and the rendering of

additional services.

7.7 The Council shall also have the right to give authorisation

for the temporary use of the Garden for any activity which is not

listed in Part 3 of the Third Schedule, against a fee which shall be

determined by the Council and which in no case shall exceed four

hundred and sixty-five euro and eighty-seven cents (€465.87) per

day.

ADMINISTRATION OF COUNCIL OF EUROPE GARDENS

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7.8.1 The Council may also, at its discretion, in addition to

the fee mentioned in bye-law 7.4, charge a sum not

exceeding four hundred and sixty-five euro and

eighty-seven cents (€465.87), as caution money.

7.8.2 Such sum would be paid back to the authorised

person if the Council is satisfied that at the end of the

activity no damages or breach of the conditions were

committed by the authorised person.

7.8.3 In the case of any breach of any of the terms and

conditions mentioned above, the said sum would be

forfeited in favour of the Council without prejudice

to any other action that the Council may take.

7.9 Without prejudice to the provisions of bye-law 7.8, the

Council may also demand that the applicant submit an insurance

policy to cover any damages, theft and any other source and form

of liability or claim from third parties for the duration of the

activity, including the period of preparation and of removal of

equipment, apparatus, furniture or any other device used for the

activity.

7.10 The Council may grant a special concession to any

voluntary organisation or any other organisation to hold any

activity within the Garden, at a fee which is less than that stipulated

in Part 3 of the Third Schedule, or at no fee at all.

The Council, any central Government authority, or any

person or organisation to whom authorisation is given under the

provisions of bye-law 7.5.1, may make exclusive use of the Garden

or part thereof provided that prior notice of at least two weeks is

given to the Council. For this purpose, the entire Garden or part

thereof may be closed or admission restricted.

1 The Council may appoint a Committee of Management

which shall perform all such duties as are competent on the Council

in respect of the management of the Garden in accordance with the

provisions of these Bye-Laws

Provided that the financial management shall be the

responsibility of the Executive Secretary.

9.2 The number of members, the bodies to be invited to

nominate members and the terms of reference of the Committee of

Management shall be determined by the Council.

The Council shall have the right, in terms of regulation 43

of the Local Government (Financial) Regulations, to contract to

third parties, rights, concessions, permits or authorisation to

manage, operate, use or occupy the Garden or part thereof

Provided that the contract shall be only valid if the person

to whom it is given has obtained any permits or licenses necessary

under any other law.

The Council may install, within the boundaries as

designated in the First Schedule, any coin-operated machine for the

selling of tickets, fish-food, drinks or snacks, as well as for other

purposes normally associated with public places, including mobile

public toilets, and any other coin-operated equipment as the

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Council may deem proper, subject to any other permit required

under any other law.

1 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, except for the provisions of bye-law 4

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

euro and eighty-eight cents (€69.88) for such contravention, and to

a further fine (ammenda) of 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 authorisation is breached.

12.2 Every person who is in breach of the provisions of bye-law

4 shall, on conviction be liable to a fine (ammenda) of forty-six

euro and fifty-nine cents (€46.59) for each contravention

mentioned under the same bye-law.

12.3 Every person who is in breach of the provisions of bye-law

4.2, that person or the licence holder of that motor-vehicle shall, on

conviction, be liable to a fine (ammenda) of sixty-nine euro and

eighty-eight cents (€69.88) for each contravention.

The Council shall have the right to fix or erect a notice at

the entrance to the Garden reproducing these Bye-Laws or part

thereof in both the Maltese and English language.

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