ADVERTISEMENTS ON STREET FURNITURE (}AMRUN LOCAL COUNCIL) BYE-LAWS

ADVERTISEMENTS ON STREET FURNITURE

(}AMRUN LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.92

ADVERTISEMENTS ON STREET FURNITURE

(}AMRUN LOCAL COUNCIL) BYE-LAWS

18th July, 2002

LOCAL COUNCIL BYE-LAW 27/6/2002, as amended by Legal Notice

425 of 2007.

The title of these Bye-Laws is the Advertisements on Street

Furniture (}amrun Local Council) Bye-Laws.

Substituted by

L.N. 425 of 2007.

(Bye-law 3.5)

Fees due for Advertisements on Street Furniture

Size

Fee due

Two Weeks

One Month

One Year

Up to 0.5 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 minimum of €93.17).

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

"advertisement" means any type of promotion whether

commercial or otherwise, and includes a notice;

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

the provisions of bye-law 3.2;

"contractor" means the person who has been authorised by the

Council to display, fix or place any advertisement on street

furniture under the provisions of bye-law 3.1;

"Council" means }amrun Local Council;

"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,

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

columns, roundabouts, central strips and traffic islands.

1 Without prejudice to any permit, authorisation, or licence

required under any law, no person shall display, fix or place any

advertisement on any street furniture within the }amrun locality

boundary without the written authorisation of the Council.

3.2 Such authorisation may be granted either after a written

application is submitted to the Council or else after a public call for

applications is made by the Council

Provided that the authorisation shall be deemed void if

applicant fails to comply with the requirements established in the

guidelines issued or which may be issued from time to time by the

Council in terms of article 33(1)(g) of the Act

Provided also that the guidelines shall be incorporated in

the contract document which shall regulate the authorisation

granted by the Council to the contractor in terms of bye-law 3.3.

3.3 Following a public call by the Council, the authorisation of

the Council shall take the form of a contract in accordance with the

regulations and procedures applicable to Local Councils.

Such a contract shall be valid for a period of one year

ADVERTISEMENTS ON STREET FURNITURE

(}AMRUN LOCAL COUNCIL)

which may be renewed by the Council for a further one year period

by means of a contract.

3.4 The Council may, on awarding the contract mentioned in

bye-law 3.3, authorise the contractor to use the space where

advertisements may be displayed on street furniture, even by

selling the mentioned space to third parties. In such a case, third

parties would not require the Council’s authorisation

Provided that the contractor shall not use or sell the space

for any advertisement that is prohibited by the contract, or at a

higher price than that established by the Council by the contract or

with conditions other than those stipulated in the original contract.

3.5 For every authorisation granted by the Council according

to these Bye-Laws there shall be paid a fee as established in the

Schedule

Provided that for the authorisation granted by the Council

following a public call for applications, the fee payable to the

Council is that offered in the accepted tender document

Provided further that the Council may exempt voluntary

organisations which operate from the locality, parochial and

philanthropic organisations or non-government organisations as

listed in the Eight Schedule of the Act from making any such

payment.

3.6 Notwithstanding the authorisation granted under these

Bye-Laws, the person granted authorisation in accordance with

bye-law 3.2 is personally responsible for any permits or licences

necessary under any other law.

3.7 Any authorisation granted under these Bye-Laws is subject

amongst other conditions to a condition that the advertisement shall

be removed within one week from the expiry date of the

authorisation.

Every person who contravenes any of the provisions of

these Bye-Laws or infringes any condition of the authorisation

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

and fifty-nine cents (46.59) for every contravention, or

infringement thereof, and to a further fine (ammenda) of not less

than two euro and thirty-three cents (2.33) and not more than

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.

The Council reserves the right to remove any

advertisement affixed without authorisation or any advertisement

which is not removed by the person authorised within the time-

limit stipulated in these Bye-Laws, to any street furniture at the

expense of the person contravening any of the provisions of these

Bye-Laws or infringing any condition of the authorisation given by

virtue of these Bye-Laws.

ADVERTISEMENTS ON STREET FURNITURE

(}AMRUN LOCAL COUNCIL)