PROTECTION OF PUBLIC LAND ( MARSA LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.61

PROTECTION OF PUBLIC LAND

( MARSA LOCAL COUNCIL) BYE-LAWS

7th December, 2000

LOCAL COUNCIL BYE-LAW 34/19/2000, as amended by Legal Notices

425 of 2007 and 426 of 2012.

The title of these Bye-Laws is the Protection of Public

Land (Marsa Local Council) Bye-Laws.

Amended by

L.N. 425 of 2007;

(Bye-law 3.2)

L.N. 426 of 2012.

IN exercise of the powers conferred by article 3 of the Protection of Public Land

(Marsa Local Council) Bye-Laws, the Marsa Local Council is hereby giving to -

who resides at .......................................................................................................

bearing a legally valid identification document number ................................

Name of Enterprise or Company ...........................................................................

VAT No. ......................................................

AUTHORTTY to hold a social activity in the area indicated on the annexed site

plan, under the following terms and conditions

1. Place ...........................................................................................................

2. Date ............................................................................................................

3. Time: from ..................... to ........................

4. During the time of this authority the place indicated under paragraph one

shall be under the exclusive control of the authorised person.

5. The authorised person is in duty bound to ensure that during the time of this

authority no damage is caused to the fixtures, trees, plants, benches and anything to

be found in the place mentioned in the first paragraph.

6. In the event that damage is caused during the time of this authority, the

authorised person is bound to make good for the damage caused and to refund to the

Council the relative expense for repairs.

7. The authorised person is bound to obtain an insurance policy covering third

parties by not later than four days before the day of the authority and should give a

copy of the insurance policy to the Council. Before the issue of this authority, the

authorised person must deposit with the Council the sum of € .................. . The

Council is authorised to retain part or all of the deposit, as the case may be, if the

event contemplated under paragraph 6 occurs. If no damage is caused the deposit

shall be refunded to the authorised person. The Council may, in its absolute

discretion, exempt the authorised person from placing the deposit and/or from

submitting an insurance policy as aforesaid.

8. When the authority expires, the authorised person is bound to leave the

place in a clean state and to collect all rubbish.

1

In these Bye-Laws unless the context otherwise requires

"Act" means the Local Government Act;

"authorised person" means the person who has the authority in

terms of bye-law 3.2;

"bicycle" means a bicycle of any size which is propelled by

means of pedals, irrespective of the number of wheels it has, and

includes a tricycle and a skate-board;

"Council" means the Marsa Local Council;

"fixtures" means a bench, boundary wall, pole, sign, notice

board, apparatus, barricade, chair, facilities intended for the

recreation of children, and any ornament, structure or thing fixed or

placed on public land;

"public land" means any space open to the public within the

boundaries of the locality of Marsa that falls under the authority

and administration of the Council according to the provisions of the

Act and includes a public garden, small public garden, centre-strip,

road, pavement, pathway and any other open space intended for use

or recreation by the public;

"social activity" means any activity relating to educational,

social, cultural or informational purposes, but does not include

political or religious activity.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.3)

Fees for the Use of Fixtures and Public Land

1. Fee for the use of Public Land.

Cultural Activities

- no fee

Commercial Activities

- €69.88 for each day of the activity

2. Stalls and Tables placed on Public Land for Commercial purposes.

For each stall where food is prepared

and offered for sale on site

- €11.65 for each day of the activity

For any other stall

- €4.66 for each day of the activity

For each table

- €4.66 for each day of the activity

3. Activities with a Philanthropic purpose

A nominal fee of €2.33 for each activity with a philanthropic purpose.

1 No person shall remove or place elsewhere any fixture,

unless so authorised by the Council, or make wrong use, or cause

damage to, or in any other way tamper with fixtures placed or

constructed on public land.

3.2 The Council may give authority in writing to a person to

use public land for a specified period for a social activity, in that

place and under the terms and conditions that may be stipulated in

the written authority as shown in Schedule A.

3.3 When an authority is granted in terms of this bye-law, a fee

shall be paid to the Council as shown in Schedule B.

3.4 Any person who is in breach of any provision of this bye-

law, or who fails to observe any of the conditions stipulated in the

authority, shall be guilty of a contravention.

(Ordinament 3.3)

Drittijiet g]all-U\u ta’ Attrezzaturi u Art Pubblika

1. Dritt g]all-U\u ta’ Art Pubblika.

Attivitajiet Kulturali

- bla ]las

Attivitajiet Kummer`jali

- €69.88 g]al kull jum ta’ l-attività

2. Tqeg]id fuq l-art pubblika ta’ Stalls jew Imwejjed g]al Skopijiet

Kummer`jali

G]al kull stall fejn ikel ji[i preparat

- €11.65 g]al kull jum ta’ l-attività

u offrut g]all-bejg] fuq il-post

G]al kull stall ie]or

- €4.66 g]al kull jum ta’ l-attività

G]al kull mejda

- €4.66 g]al kull jum ta’ l-attività

3. Attivitajiet b’g]an filantropiku

}las nominali ta’ €2.33 g]al kull attività li ssir b’g]an filantropiku.

No person shall -

(a) commit acts of vandalism or in any other way cause

damage to the fixtures; or

(b) commit acts of vandalism or in any other way cause

damage to trees, plants and flowers that are planted on

public land; or

(c) if over the age of fourteen years, use swings and other

fixtures intended for the recreation of children; or

(d) use a bicycle in that part of the public land which is

marked by means of signs put up by the Council

indicating that no bicycles are permitted there; or

(e) remove or place elsewhere, without the written

authority of the Council, any fixtures or other objects

situated on public land; or

(f)

cut flowers, plants, trees and other vegetation that are

on public land; or

(g) destroy, or in any other way commit acts of cruelty on,

animals that are on public land.

Without prejudice to any other action that may be taken by

virtue of these Bye-Laws, any person who is in breach of these

Bye-Laws may be expelled from the public land by a police officer

or a community officer.

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

t h e pr o vi s i o ns o f t he s e B y e - L a w s sh a l l b e d e e m e d to ha ve

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);

6.1.2 for a second or subsequent contravention to a fine

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

(69.88); and

6.1.3 in the case of a continuing contravention, to a fine

(ammenda) of eleven euro and sixty-five cents

(11.65) for each day that the contravention continues.

The imposition of a penalty under bye-law 6.1 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, including the right to carry out the repairs at the

expense of the guilty person.

The Council may terminate any authority granted by virtue

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

conditions of the authority had not been observed, or if there is a

substantial change in circumstances which in the opinion of the

Council renders it necessary to withdraw the authority. In such case

the Council shall not be bound to refund any fee that would have

already been paid to the Council under Schedule B.

PROTECTION OF PUBLIC LAND

( MARSA LOCAL COUNCIL)

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

Mayor

Executive Secretary