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Advertisements On Street Furniture (San Giljan Local Council) Bye-Laws, 2006 (L.C.B.L. 52/2/2006)

L.C.B.L. 52#2#2006
LOCAL COUNCILS ACT (CAP. 363)
Advertisements on Street Furniture (San :iljan Local Council) Bye-Laws, 2006
IN exercise of the powers conferred by articles 34, 35(8), 36 and
60 of the Local Councils Act, the San :iljan Local Council has made the following Bye-Laws>-
1.1. The title of these Bye-Laws is the Advertisements on Street
Furniture (San :iljan Local Council) Bye-Laws, 2006
1.2. These Bye-Laws shall come into force one month after their publication in the Gazette.
2. In these Bye-Laws unless the context otherwise requires>- “the Act” means the Local Councils 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 provision of subarticle (2) of article 3 of these Bye-Laws>
“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 subarticle (1) of article 3 of these Bye-Laws>
“the Council” means the San :iljan Local Council<
“street furniture” means any object, movable or immovable, which is the Council’s property or 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, balusters, columns, railings, bus shelters, tree pits, verges, central reservations, roundabouts, central strips, traffic islands and u-shape barriers.
D 7

Citation and

Commencement.

Interpretation.

D 8

Authorisation to advertise on street furniture.

3.1. Subject 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 San :iljan locality boundary without the written authorisation of the Council.
3.2. Such authorisation may be granted either after a written application to the Council or after a public call made by the Council for applications to be submitted>
Provided that the authorisation shall be deemed void if applicant fails to comply with the requirements establised 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 further 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 subarticle (3) of article 3 of these Bye-Laws.
3.3. Following a pubic 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 which may be renewed for a further one year period by means of a contract. In every case the Council reserves the right to refuse to renew the contract after presenting valid reasons in writing to the person concerned.
3.4. The Council may, on awarding the contract mentioned in subarticle (3) of article 3 of these Bye-Laws, authorise the contractor to use the space where advertisement 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 different from 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 to these Bye-Laws>
Provided that for the authorisation granted by the Council following a public call, the fee entitled to be paid to the Council is that offered in the accepted tender document.
3.6. The Council may grant authorisation in terms of these Bye- Laws to voluntary organisations that operate from the locality, parochial and philanthropic organisations or non-governmental organisations listed in the Eight Schedule to the Act, after the Council receives a written request so as to advertise activities or public notices without payment.
3.7. Notwithstanding the authorisation granted under these Bye- Laws, the person to whom authorisation is given is personally responsible for any permits or licences necessary under any other law.
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 expire date of the authorisation. In any case to the contrary, the person responsible for removing such advert shall be guilty of a contravention.
4. 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 twenty liri (Lm20) for such contravention, and to a further fine (ammenda) of not less than one lira (Lm1) and not more than five liri (Lm5) for every day during which one of the provisions of these Bye- Laws or any condition of the authorisation is breached.
5. The Council reserves the right to remove any advertisement affixed without authorisation or any advertisement which is not removed by the authorised person within the time-limit stipulated in these Bye- Laws, at the expense of the person contravening any of the provisions of these Bye-Laws or infringing any condition of the authorisation or contract given by virtue of these Bye-Laws.
D 9

Penalty.

Reservation.

D 10
(Article 3.5)
SCHEDULE
Fees due for Advertisements on Street Furniture
Size Fee Due
Two Weeks One Month One Year
Up to 0.5 square metre Lm3 Lm5 Lm20
Up to 1.0 square metre Lm6 Lm10 Lm50
Up to 2.0 square metres Lm12 Lm20 Lm150
Exceeding 2.0 square metres - Lm3 per day (subject to a minimum of Lm50)

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Prezz 16ç – Price 16c


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