SKIPS AND PUBLIC LITTER BINS (DINGLI LOCAL COUNCIL) BYE-LAWS

SKIPS AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.62

SKIPS AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL) BYE-LAWS

24th December, 2000

LOCAL COUNCIL BYE-LAW 16/20/2000, as amended by Legal Notices

425 of 2007 and 426 of 2012.

The title of these Bye-Laws is the Skips and Public Litter

Bins (Dingli Local Council) Bye-Laws.

Amended by

L.N. 426 of 2012.

(Bye-law 6.1)

Application for the placement of a Skip (Dingli Local Council)

Name and Surname of Applicant: ..........................................................................

Legally Valid Identification Document Number: .........Telephone Number: ..........

Applicant’s Address: ............................................................................................

Address of the property where works are carried out: ............................................

Period for which authorisation is requested: From: .................... To: .....................

Applicant’s signature: ................................................... Date: ..............................

For Official Use

Application No.: .............................

Fee paid: .............................. Receipt No.: ............................

AUTHORISED/NOT AUTHORISED (delete as necessary)

This authorisation is valid till ................................................................................

Signature of Council Executive Secretary ............................... Date .....................

Council Rubber Stamp

Note: This authorisation is subject to the conditions stipulated in the Bye-Laws as

well as other conditions which the Council deems appropriate and which are given

to the authorised person and attached to this authorisation.

SKIPS AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL)

In these Bye-Laws unless the context otherwise requires

"authorisation" means the authorisation given by the Council in

accordance with bye-law 6.1;

"authorised person" means any person who is given an

authorisation by the Council in accordance with the provisions of

bye-law 6.1;

"closed skip" means any closed recipient, be it on wheels or not,

metal or otherwise, provided by the Council, which is used for the

purpose of depositing domestic and commercial waste;

"commercial waste" means any waste originating from shops

restaurants, bars, commercial enterprises, and other establishments

operating in commerce, but does not include domestic and/or

industrial waste;

"Council" means the Dingli Local Council;

"domestic waste" means household waste originating from

private dwellings including flats or residential homes, but does not

include commercial and/or industrial waste;

"industrial waste" means any bulky refuse originating from

workshops, factories or contractors of construction work, but does

not include domestic and/or commercial waste;

"locality" means the locality of Dingli;

"open skip" means any open recipient, provided by the Council

or by any authorised person, within the locality of Dingli used for

the deposit of industrial waste and bulky refuse;

"public litter bin" means any recipient for litter provided by the

Council in the streets for the public deposit of waste which is not

bulky waste and which is not domestic, industrial or commercial

waste.

(Bye-law 6.3)

Conditions for the Use of an Authorised Skip

1. The skip shall be placed on the site indicated by the Council on the attached

site plan provided by the same Council.

2. The authorised person shall ensure that the skip is emptied when it is full.

3. The authorised person shall ensure that the environment is protected when

using the skip, particularly by ensuring that the area surrounding the skip

shall be kept clean and that no foul smelling material shall be deposited in

the skip.

4. 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.

5. The authorisation is without prejudice to any other permit, authorisation or

licence which is required by the applicant under any other law.

6. The authorisation is valid for a period of seven days as indicated in the

authorisation.

7. If the open skip is not removed by the evening, there shall be affixed to it or

over it adequate lighting.

8. These conditions are without prejudice to any other conditions which the

Council may deem appropriate to impose in the circumstances. These

conditions (including the additional conditions made by the Council) shall

be given to the authorised person when the authorisation is given.

The closed skips provided and placed in the locality by the

Council shall be used so that there shall be deposited in them

domestic waste only, and provided that this waste is placed in

plastic bags

Provided that commercial waste may be deposited in the

closed skips on those days when house to house collection is not in

operation

SKIPS AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL)

Provided further that all household and commercial

establishments operating within the locality shall be notified by the

Council of the times of the house to house waste collection.

The public litter bins provided and placed in the locality by

the Council shall be used so that there shall be deposited in them

waste which is not of a bulky nature and which is not domestic,

industrial or commercial waste.

The open skips provided and placed in the locality by the

Council shall be used for the deposit of industrial waste and bulky

refuse.

1 Any person who wishes to place an open skip in the

locality for the deposit of waste originating from reconstruction

works of a private dwelling or from any work of a temporary

nature, shall apply to the Council for authorisation. The application

shall be made on the form designated in Schedule A. The

authorisation given by the Council shall be made on the application

form itself.

6.2 No fee shall be payable on application for authorisation as

indicated in bye-law 6.1

Provided that if a person is found guilty of placing a skip

without the Council’s authorisation as indicated in this article, he

shall be liable to a fine (ammenda) of eleven euro and sixty-five

cents (€11.65). In the case of a continuing offence, the person who

has been found guilty shall be liable to a fine (ammenda) of eleven

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

offence continues.

6.3 The authorisation given by the Council shall be subject to

the conditions specified in Schedule B, as well as those conditions

which the Council deems appropriate.

6.4 The authorisation is valid for a period of seven days, which

may be extended for a further seven day period. Sohowever that if

the applicant requires to use the skip for a period exceeding the

above period he is required to make a fresh application every time

the authorisation expires.

6.5 The Council may withdraw the authorisation given in terms

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

under which the authorisation has been granted has not been

complied with by the authorised person, or if there is a substantial

change in the circumstances which in the opinion of the Council

renders it necessary to withdraw the authorisation.

6.6 If an authorisation is withdrawn by the Council as

indicated in the preceding bye-law, the Council shall not be obliged

to refund the fee paid on application.

Commercial waste shall be collected through the scheme

provided by the Council for the door-to-door collection of waste

Provided that commercial waste may be deposited in the

closed skips on those days when the said service is not provided.

The waste originating from greengrocers, butchers,

grocers, supermarkets, and other similar establishments, shall be

SKIPS AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL)

deposited in plastic bags and disposed of as provided in bye-law 7.

This waste shall be taken outdoors not earlier than one hour before

it is due to be collected.

No person shall -

9.1.1 cause any damage to any open skip, closed skip or

public litter bin or obliterate any markings printed or

affixed thereon; or scribble or make any mark on any

skip or litter bin without the written consent of the

Council or the authorised person as stipulated in

these Bye-Laws, as the case may require; or

9.1.2 after using the closed skip, leave its lid open or ajar,

or deposit waste in a manner so that the lid would not

close properly or is left ajar; or

9.1.3 use the skip or public litter bin for any purpose other

than what it is intended for; or

9.1.4 deposit waste near or around the skip or public litter

bin; or

9.1.5 remove or misplace the skip or public litter bin from

where it is placed by the Council or the person

authorised by the Council, without having written

authority by the Council; or

9.1.6 deposit domestic waste in a skip not supplied by the

Council, but used by a person who is authorised to do

so by the Council in accordance with the provisions

of these Bye-Laws.

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

th e p ro v is io ns o f t h e s e B ye - L aw s s ha ll be d ee me d t o h av e

committed a contravention and shall, on conviction, be liable,

unless a higher penalty is applicable under any other law -

9.2.1 for a first contravention, to a fine (ammenda) of

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

9.2.2 for a second or subsequent contravention to a fine

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

(€69.88).

9.3 In the case of a continuing offence, the person who has

been found guilty shall be liable to another fine (ammenda) of

eleven euro and sixty-five cents (€11.65) for each day during which

the offence continues.

9.4 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 AND PUBLIC LITTER BINS

(DINGLI LOCAL COUNCIL)