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Advertisements On Street Furniture (Pembroke Local Council) Bye-Laws, 2004 (L.C.B.L. 24/4/2004)

Citation and commencement.

Interpretation.

D 26

Authorization to advertise on street furniture.

3.1 Subject to any permit, authorization, or licence required under any law, no person shall display, fix or place any advertisement on any street furniture within the Pembroke locality boundary without the written authorization of the Council.
3.2 Such authorization may be granted either after a written application to the Council or else after a public call made by the Council for applications to be submitted>
Provided that the authorization 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 paragraph (g) of subarticle (1) of article 33 of the Act<
Provided also that the guidelines shall be incorporated in the contract document which shall regulate the authorization granted by the Council to the contractor in terms of subarticle (3) of this article.
3.3 Following a public call by the Council, the authorization 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 having given valid reasons in writing to any person concerned.
3.4 The Council may, on awarding the contract mentioned in subarticle (3) of this article, 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 authorization>
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 authorization 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 authorization granted by the Council following a public call, the fee entitled to be paid to the Council is that offered in the tender document which has been accepted.
3.6 Notwithstanding the authorization granted under these Bye- Laws, the person to whom authorization is given is personally responsible for any permits or licences necessary under any other law.
3.7 The Council may grant authorization in terms of these Bye- Laws to voluntary organizations that 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 activities or public notices without payment.
3.8 Any authorization 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 authorization. In any case to the contrary, the person responsible for removing such adverts 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 authorization 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 authorization is breached.
5. 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, at the expense of the person contravening any of the provisions of these Bye-Laws or infringing any condition of the authorization given by virtue of these bye-laws.

Penalty.

D 27
D 28
SCHEDULE
(Article 3.5)
Fees due for Advertisements on Street Furniture

Exceeding 2.0 square metres Lm2.00 per day (subject to a minimum of Lm40.00)

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