SKIPS (BIRKIRKARA LOCAL COUNCIL) BYE-LAWS

SKIPS

(BIRKIRKARA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.56

SKIPS (BIRKIRKARA LOCAL COUNCIL)

BYE-LAWS

7th August, 2000

LOCAL COUNCIL BYE-LAW 14/14/2000, as amended by Legal Notice

425 of 2007.

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

Council) Bye-Laws.

Amended by

L.N. 425 of 2007.

(Bye-law 4.3)

BIRKIRKARA LOCAL COUNCIL

IN exercise of the powers conferred by bye-law 3 of the Skips (Birkirkara Local

Council) Bye-Laws, the Birkirkara 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 Birkirkara 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 (Birkirkara Local Council) Bye-Laws, shall

apply to each and every skip/bin on wheels placed in the Birkirkara locality

boundary.

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

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

being implemented.

8. 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.

9. Subject to earlier termination for non-compliance with the above terms and

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

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

1

In these Bye-Laws unless the context otherwise requires

"authorised person" means any person holding a permit in terms

of bye-law 4.3, or his representative and any resident of any street

or part thereof who is the only person authorised in accordance

with bye-law 4.2;

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

closed by means of a lid, used for the deposit of domestic refuse,

supplied by or under the authority of the Council and placed in a

public place within the Birkirkara locality boundary, 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, but does not include domestic waste or

refuse;

"Council" means the Birkirkara Local Council;

"domestic refuse" means household waste originating from

private dwellings including flats or residential homes but does not

include commercial and/or industrial waste;

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

authority of the Council in a public place within the Birkirkara

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.

A skip or bin on wheels may only be used by authorised

persons.

1 No person, except the Council or the authorised person,

may place any skip or bin on wheels in any public place within the

Birkirkara locality boundary.

4.2 The Council may assign an area wherein authorised

persons only may use skips or bins on wheels provided by the

Coun cil i n l ieu of doo r-to -d oor coll ectio n of d omest ic and

commercial waste.

4.3 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

SKIPS

(BIRKIRKARA LOCAL COUNCIL)

the written authority by the Council annexed in the Schedule.

4.4 When a written authority under this article is granted, there

shall be payable to the Council a fee of

4.4.1 in the case of a skip, one euro and seventy-five cents

(€1.75) per day for every skip;

4.4.2 in the case of a bin on wheels, forty-seven cents

(0.47) per day for every bin on wheels.

4.5 Any person who contravenes any provision of this article

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

written authority, shall be guilty of a contravention.

No person shall -

5.1

make use of any skip or bin on wheels unless he is an

authorised person; or

5.2

cause any damage to any skip or bin on wheels or

obliterate any markings printed on or affixed thereon;

or scribble or make 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 4, as the case

may require; or

5.3

after using the skip or bin on wheels leave its lid

open or ajar; or

5.4

use the skip or bin on wheels for any purpose other

than that it is intended for; or

5.5

when the skip or bin on wheels is full, deposit any

refuse or waste in a manner that the lid of the skip or

bin on wheels will not close properly or will remain

ajar; or

5.6

when depositing such waste or refuse, spill and leave

spilled any waste or refuse outside the skip or bin on

wheels; or

5.7

throw or deposit any waste or refuse near or around

the skip or bin on wheels; or

5.8

deposit in any bin on wheels any waste, refuse, object

or substance which is not of a domestic nature; or

deposit in any skip any commercial and/or industrial

waste for which authority was not granted under the

written authority in accordance with these Bye-Laws;

or

5.9

deposit in the skip or bin on wheels any bulky article

or liquid or any refuse, object or substance which the

skip or bin on wheels is not intended to receive; or

5.10 remove or misplace the skip or bin on wheels from

where it is placed unless, in the case of a skip or bin

on wheels placed under the authority of the Council

by a person, such person shall have obtained

authority in writing to do so from the Council; or

SKIPS

(BIRKIRKARA LOCAL COUNCIL)

5.11 deposit 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

5.12 deposit 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

5.13 when authorised by the Council to deposit waste or

refuse in a particular skip or bin on wheels, deposit

any waste or refuse in another skip or bin on wheels.

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

operates a commercial and/or industrial activity within the

Birkirkara locality boundary shall each year during the month of

January register with the Council the name of the contractor

engaged by such person to collect his commercial and/or industrial

waste.

6.2 No person mentioned in bye-law 6.1 shall throw or deposit

commercial and/or industrial waste in the skips or bins on wheels

supplied or authorised by the Council in the Birkirkara locality

boundary unless so authorised in writing by the Council.

Anyone who has the possession of an immovable property

where a development which is going to generate waste is going to

take place has the duty to register, not later than one week before

the development commences, the name of the person or company

engaged by him to collect the waste generated by such

development.

1 Subject to the provisions of bye-laws 8.2 and 8.3, any

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

provisions of bye-law 5 shall be deemed to have committed a

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

penalty is applicable under any other law -

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

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

8.1.2 for a second or subsequent contravention to a fine

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

(€69.88).

8.2 In the case of a contravention under bye-law 4, 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.

8.3 In the case of a contravention under bye-law 6.2 a person

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

and eighty-eight cents (€69.88).

8.4 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 any contravention under

these Bye-Laws.

SKIPS

(BIRKIRKARA LOCAL COUNCIL)

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 bye-law 4.4.

SKIPS

(BIRKIRKARA LOCAL COUNCIL)

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

Mayor

Executive Secretary

Date ............................