ADVERTISEMENTS ON STREET FURNITURE (SAN {WANN LOCAL COUNCIL) [ S.L.363.18 1 SUBSIDIARY LEGISLATION 363.18 ADVERTISEMENTS ON STREET FURNITURE (SAN {WANN LOCAL COUNCIL) BYE-LAWS 3rd October, 1998 LOCAL COUNCIL BYE-LAW 53/3/98, as amended by Local Council Bye-Law 53/16/2001, and Legal Notice 425 of
- The title of these Bye-Laws is the Advertisements on Street Furniture (San {wann Local Council) Bye-Laws.
- In these Bye-Laws unless the context otherwise requires - "Act" means the Local Government Act; "advertisement" includes a notice; Citation. Interpretation. Amended by; L.C.B.L. 53/16/
- Cap.
- "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 the San {wann 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, poles, planters, boundary walls, walls, railings, columns, roundabouts, central strips and traffic islands and any other object which may be included by the Council by means of a resolution. 3.1 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 San {wann locality boundary without the written authorisation of the Council. 3.2 The 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 Authorisation to advertise on street furniture. 2 [ S.L.363.18 ADVERTISEMENTS ON STREET FURNITURE (SAN {WANN LOCAL COUNCIL) which may be renewed for a further one year period. 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 shall not use or sell the space for any advertisement that is prohibited on the contract, or at a higher price than that established by the Council on the contract. Amended by; L.C.B.L. 53/16/
- 3.5 Upon every authorisation granted by the Council according to these Bye-L aws a fee shall be paid as established in the Schedule: 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 Bye-Laws, the person to whom authorisation is given is personally responsible for any permits or licences 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 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. Penalty. Amended by; L.C.B.L. 53/16/ 2001; L.N. 425 of
- 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 fifty-eight euro and twenty-three cents (€58.23) for such contravention, and to a further fine (ammenda) of 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 authorization is breached. ADVERTISEMENTS ON STREET FURNITURE (SAN {WANN LOCAL COUNCIL) [ S.L.363.18 SCHEDULE (Bye-law 3.5) 3 Added by: L.C.B.L. 53/16/
- Sustituted by: L.N. 425 of
- Fees due for Advertisement on Street Furniture Specification up to 0.1 square metres up to 1.0 square metres up to 2.0 square metres exceeding 2.0 square metres Fee due Two weeks One month One year €11.65 €46.59 €116.47 €23.29 €69.88 €163.06 €34.94 €93.17 €349.41 €4.66 per day (subject to a minimum of €186.35)