ADVERTISEMENTS ON STREET FURNITURE (PIETÀ LOCAL COUNCIL) [ S.L.363.14 1 SUBSIDIARY LEGISLATION 363.14 ADVERTISEMENTS ON STREET FURNITURE (PIETÀ LOCAL COUNCIL) BYE-LAWS 22nd August, 1997 LOCAL COUNCIL BYE-LAW 47/1/97, as amended by Legal Notice 425 of
- The title of these Bye-Laws is the Advertisements on Street Furniture (Pietà Local Council) Bye-Laws.
- In these Bye-Laws, unless the context otherwise requires: "Act" means the Local Government Act; Citation. Definitions. Cap.
- "advertisements" includes notices; "applicant" means the person who applies to the Council under the provisions of bye-law 3.2; "contractor" means the person who has been authorized by the Council to display, fix or place any advertisement on street furniture under the provisions of bye-law 3.1; "Council" means the Pietà 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 and 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. 3.1 Without prejudice to any permit, authorisation, or licence u n d e r a n y l a w, n o p e r s o n s h a l l d i s p l a y, f i x o r p l a c e a n y advertisement on any street furniture within the Pietà locality boundary without the written authorisation of the Council. 3.2 The written authorisation 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 authorisation shall be deemed void if the 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 Following a public call, the authorisation of the Council must 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. Authorisation to advertise on street furniture. 2 [ S.L.363.14 ADVERTISEMENTS ON STREET FURNITURE (PIETÀ LOCAL COUNCIL) 3.4 The Council may, on entering 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 cannot use or sell the space for advertisement that is prohibited on the contract, or at a higher price than that established by the Council on the contract. 3.5 Upon every authorisation granted by the Council according to these bye-laws a fee of fifty cents must be paid for every day that the advertisement is displayed: 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 Notwithstanding the authorisation granted under these byelaws, the person to whom it is given is personally responsible for any permits or licenses necessary under any other law. 3.7 The Council may grant authorization to voluntary organizations that operate from the locality, or non-government organizations as listed in the Eighth Schedule to the Act after the Council receives a written request so as to advertise activities or public appeals without payment. 3.8 All authorizations 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 authorization. Penalty. Amended by: L.N. 425 of 2007
- Every person who is in breach of one of the provisions of these bye-laws or any condition of the authorisation given by virtue o f t h e s e by e -l a w s , s h a l l , o n c o n v ic t i o n , b e l i a b l e t o a f in e (ammenda) of forty-six euro and fifty-nine cents (€46.59) 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.