ADVERTISEMENTS (NAXXAR LOCAL COUNCIL) BYE-LAWS

SUBSIDIARY LEGISLATION 363.67

ADVERTISEMENTS (NAXXAR LOCAL COUNCIL)

BYE-LAWS

23rd April, 2001

LOCAL COUNCIL BYE-LAW 44/3/2001, as amended by Legal Notice

425 of 2007.

The title of these Bye-Laws is the Advertisements (Naxxar

Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 4.2)

Fees due for Advertisements on Street Furniture and on Billboards

Specifications

Fee due

Two Weeks

One Month

One Year

Up to 0.25 square metre

€6.99

€11.65

€46.59

Up to 1.0 square metre

€13.98

€23.29

€116.47

Up to 2.0 square metres

€27.95

€46.59

€232.94

Exceeding 2.0 square metres -

€4.66 per day (subject to a maximum of €93.17).

In these Bye-laws unless the context otherwise requires

"Act" means the Local Government Act;

"advertisement" includes notices and any commercial or non-

commercial promotion;

"applicant" means the person who applies to the Council in

accordance with the provisions of these Bye-Laws in order to make

an advertisement on any street furniture, the Council’s Web-page

or any Council publication;

"authorised person" means any person who is authorised by the

Council in accordance with the provisions of these Bye-Laws in

order to display, fix or place any advertisement on any street

furniture, the Council’s Web-page or any Council publication;

"billboard" means any erected structure on which Council

advertisements, notices or notifications are affixed or exhibited,

and which is in conformity with specifications established for this

purpose according to regulations and procedures established in any

other law;

"Council" means the Naxxar Local Council;

"Council publication" means any publication made by the

Council, and includes newsletter, magazine, leaflet, brochure,

journal, notice and any other documentation made for the

information of the public, whether against payment or not;

"street furniture" means any object, movable or immovable,

which is the Council’s property or is under its responsibility and

which although would not substantially form part of the road,

pavement, garden or other public area, would be placed in such

area or fixed to it, or even placed on it, and includes dustbins, and

bins on wheels, litter bins, benches, planters, boundary walls,

walls, balustrades, columns, notice-boards, poles, railings, bus

shelters, tree pits, verges and central reservations, roundabouts,

central strips and traffic islands;

"Web-page" means access to information on a system and

database by means of the Internet, described as the World Wide

Web (WWW). An advertisement may be made on the Web-page on

the so-called Web Search Engines.

1 A person may apply to the Council or make an offer, as the

Council decides, in order to make an advertisement on any street

furniture, the Council Web-page, or any Council publication.

3.2 The authorisation may be given either after an application

in writing is made for such purpose to the Council, or after a public

call for applications is made by the Council.

3.3 When the Council makes a public call for tenders, the

authorisation by the Council shall be by means of a contract drawn

up in accordance with the regulations and procedures applicable to

Local Councils

Provided that the contract is valid for a period of one year

which may be renewed for a further period of one year by means of

a contract. In all cases, the Council shall have the right to refuse to

renew the contract after giving valid reasons in writing to the

person concerned.

3.4 The contract shall stipulate that the authorised person shall

not sell the space to third parties or make an advertisement which is

prohibited by the contract, or which is against public morals or

which incites the public against the State or against the Council.

1 The Council may authorise a person to display, fix or place

an advertisement on any street furniture within the boundaries of

the Naxxar locality.

4.2 For every authorisation given by the Council in accordance

with these Bye-Laws allowing the display, fixing or placing of

advertisements on street furniture, after an application is made to

the Council for this purpose, there shall be paid a fee as stipulated

in Schedule

Provided that in the case of authorisation given by the

Council after a public call for tenders, the fee payable to the

Council shall be that offered in the successful tender.

4.3 All authorisations for an advertisement on street furniture

granted under these Bye-Laws are subject, amongst other

conditions, to a condition that the advertisement shall be removed

within one week from the expiry date of the authorisation. If this is

not the case, the responsible person shall be guilty of a

contravention.

4.4 The Council shall have the right to erect a number of

billboards within the boundaries of the Naxxar locality, over which

every person may fix or display an advertisement after being

granted authorisation in terms of these Bye-Laws, and after that

Council has obtained the necessary permit or licence necessary

under any other law.

The Council may, against payment, authorise any person to

include or attach the Council’s official Web-page with, or over

another Web-page, after an application for this purpose has been

made

Provided that the Council may decide to authorise a person

to do so free of charge.

The Council may give an authorisation to any person to

make an advertisement on any Council publication, either after an

application in writing has been made to the Council for such

purpose, or after a public call for applications has been made by the

Council.

Notwithstanding the authorisation granted under these

Bye-Laws, the person to whom it is given is personally responsible

for any permits or licences necessary under any other law.

The Council may, in terms of these Bye-Laws, give an

a ut h or i s a ti o n f re e o f c ha rg e , to v ol u nt a r y o r ph i la n t hr o pi c

organisations or other organisations which operate from the

locality, after they have made a request in writing to advertise

activities or appeals to the public.

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, 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 two euro

and thirty-three cents (€2.33) for every day during which one of the

provisions of these Bye-Laws or any condition of the authorisation

is breached.

ADVERTISEMENTS (NAXXAR LOCAL COUNCIL)