ADVERTISEMENTS ON STREET FURNITURE (MQABBA LOCAL COUNCIL) BYE-LAWS (mqabbalocalcouncil)

ADVERTISEMENTS ON STREET FURNITURE

(MQABBA LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.99

ADVERTISEMENTS ON STREET FURNITURE

(MQABBA LOCAL COUNCIL) BYE-LAWS

29th August, 2003

LOCAL COUNCIL BYE-LAW 40/4/2003, as amended by Legal Notice

425 of 2007.

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

Furniture (L-Imqabba 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

One square metre

€23.29

€32.61

€139.76

Other sizes calculated pro rata.

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act;

"advertisements" means any board, sign, notice, or any other

means or representation made, exhibited, fixed or placed in any

public space with the Mqabba boundaries to advertise or to make

publicity or to give notice, or any other message to the public;

"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 L-Imqabba 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,

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 Imqabba locality

boundary without the written authorisation of the Council.

3.2 The authorisation may be granted either after a written

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

made by the Council 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.

ADVERTISEMENTS ON STREET FURNITURE

(MQABBA LOCAL COUNCIL)

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

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 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 in

accordance with 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 application, the fee payable to the

Council is that offered in the accepted tender documents.

3.6 Notwithstanding the authorisation granted under these

Bye-Laws, the person granted authorisation is personally

responsible for any permits or licences necessary under any other

law.

3.7 The Council may grant authorisation to voluntary

organizations which operate from the locality, or non-governmental

organizations listed in the Eighth Schedule to the Act, after the

Council receives a written request so as to advertise any activities

or public appeals without payment.

3.8 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

given by virtue of these Bye-Laws shall, on conviction, be liable to

a fine (ammenda) of fifty-eight euro and twenty-three cents (58.23)

for such contravention, and to a further fine (ammenda) of 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.

ADVERTISEMENTS ON STREET FURNITURE

(MQABBA LOCAL COUNCIL)