L.S. 363.224 Bye-Laws dwar Użu ta’ Faċilitajiet u Amministrazzjoni (Kunsill Lokali Ħad-Dingli)

(15)days form the date of the application, issue the authorisation or a refusal in writing, as the case may be; Provided further that if no authorisation is granted within fifteen

(15)days, the application shall be deemed to have been refused. 5.2 Applications must be submitted by not later than one

(1)month and not earlier than two

(2)months before the date of the proposed activity. The Council’s decision shall be communicated to applicant as early as possible: Provided that the Council may give a concession and vary these time-limits. 5.3 Where more than one application is received for an activity to be held in the same place and on the same date, the first application received shall be given priority: Provided that if applications are received simultaneously, the applicant who resides in the locality shall be given preference: Provided further that if all the applicants are from the locality, or if none of them resides in the locality, the Council shall discuss the issue during the first local council meeting and of no agreement may be reached by the majority of the Council members, it shall draw by lot the application to be chosen in the presence of the applicants. Nature of activity. 6. No application submitted in terms of bye-law 5.1 shall be accepted if the nature of the activity is not of a sporting, educational, recreational, religious, cultural or philanthropic nature, or if such an activity is not approved by the Council. Authorisation. 7.1 The authorisation shall be forwarded to the applicant on the form prescribed in the First Schedule and subject to the terms and conditions stipulated in the Second Schedule, and to any other condition which the Council may impose. A copy of the authorisation shall be kept by the Council. 7.2 This procedure shall also apply in the case of a refusal. In such case of refusal, the reason for such a refusal shall also be included. Authorisation not transferable. 7.3 An authorisation issues under these Bye-Laws shall not be transferable to any other third party without the prior written consent of the Council. Priority by Council for use of facilities. 8.1 facilities. The Council shall have priority for the use of the USE OF FACILITIES AND ADMINISTRATION (ĦAD-DINGLI LOCAL COUNCIL) [ S.L. 363.224 3 8.2 Where an authorisation has already been issued under these Bye-Laws for an activity to be held on the same date and at the same place where the Council intends to hold its activity, the Council may withdraw the authorisation already issued by informing the applicant in writing at least fifteen

(15)days before the date of the said activity. In such a case, the Council shall refund the fees paid by the applicant and all other expenses incurred in connection with the activity applied for subject to the production of receipts.

1. The applicant shall, on submission of the application, pay a fees as stipulated in the Third Schedule according to the nature of the activity: Fees for the use of facilities and equipment. Provided that the Council may grant a special concession in the case of activities with a philanthropic purpose or local nongovernment organisations or if said activity is organised in collaboration with the Local Council. 10.1 The Council may lease any of its equipment or services, provided that such leasing is authorised by any other law in force in Malta. Leasing of equipment. 10.2 The Council may put in place any online system to facilitate leasing of its equipment or services including the facilitation of transferring of payment for such leasing. Online system. 11.1 The Council shall keep a data record of such equipment leased, provided this record is kept in compliance with the Data Protection Act. Data record. 12.1 Any person visiting or making use of, or any other person to whom the authority is given by the Council to make use of the facilities within the property shall be held responsible for any damages cause to the facilities or to any of its equipment, or for any other damages sustained by third parties within the facilities during the duration of the authorisation. Improper use of facilities or equipment. 12.2 Without prejudice to any of the provisions within these Bye-Laws, if an authorised person makes improper use of the facilities, equipment or breaches any of the terms and conditions stipulated in the authorisation, the Council may withdraw the authorisation and no fees paid shall be reimbursed: Provided that where a person contravenes any of the provisions of these Bye-Laws, such person shall be guilty of a contravention and shall be liable to a fine (ammenda) of not less than twenty euro (€20) but not exceeding one thousand five hundred euro (€1,500); 12.3 The Council may, in addition to the provisions established in bye-law 12.1 order the person found guilty of a breach Cap.
2. 4 [ S.L. 363.224 USE OF FACILITIES AND ADMINISTRATION (ĦAD-DINGLI LOCAL COUNCIL) to carry out the necessary repairs to the satisfaction of the Council: Provided that a fine (ammenda) of eleven euro and sixtyfive cents (€11.65) may also be imposed for any day during which such repairs are not carried out and the Council may carry out such works at his expense. 12.4 Any breach of conditions or misuse shall be noted by the Council, and it shall be in the Council’s discretion whether authorisation shall be issued in the future to a person who has had this authorisation revoked as provided in bye-law 12.
3. Penalties. 13.1 Every person who is in breach of any of the provisions of these Bye-laws, or who fails to abide by any condition of the authorisation given by virtue of these Bye-Laws, shall be liable to a fine (ammenda) not exceeding sixty-nine euro and eighty-eight cents (€69.88) for such contravention. 13.2 The Council may, in addition to the penalties stipulated in paragraph

(1), order the person to carry out the necessary repairs to the satisfaction of the Council. A fine (ammenda) of eleven euro and sixtyfive cents (€11.65) may also be imposed for any day during which such repairs are not carried out. 13.3 The Council shall have the right to carry out the repairs at the expense of the guilty person. USE OF FACILITIES AND ADMINISTRATION (ĦAD-DINGLI LOCAL COUNCIL) [ S.L. 363.224 FIRST SCHEDULE (bye-law 5) Application for the Use of Facilities Application No.: ....................................................... Name and Surname of Applicant: ........................................... Legally No.:............... Valid Identification Document Number/Passport Position in Organisation (e.g. President, Secretary, etc.): ........... Name of Organisation (if applicable) .................................. Official Address: ..................................................................................................... ............................................................................................................... Tel. No.: ....................................................... Mob. No.: ....................................................... Facility applied for: ....................................................... Days of Activity From ............................. to ............................ Duration (time) From ............................ to ...................... Approx. Expected attendance: ................................ Entrance Fee (if applicable) ....................................................... Measures taken to indemnify the Council (attach documents): ........................................ (eg. Insurance Policy, Bank Guarantee, etc.) Date ....................................................... Applicant’s Signature ....................................................... FOR OFFICIAL USE Fee Paid ....................................................... Receipt No: .................. Date and Time when application is received: ............................. Accepted / Refused (delete as applicable) Date: ........................ Comments by Council (if applicable): ........................................ 5 6 [ S.L. 363.224 USE OF FACILITIES AND ADMINISTRATION (ĦAD-DINGLI LOCAL COUNCIL) Signature ....................................................... Official Rubber Stamp: Designation ....................................................... SECOND SCHEDULE (bye-law 12) Terms and Conditions for the Authorisation of the Use of the Facilities The authorisation is valid for the duration as indicated in the application form prescribed in the First Schedule and subject to any further conditions stipulated by the Council on the authorisation form. The Council has the right to revoke the authorisation at any time for any breach of any of these terms and conditions or any provisions of the Bye-Laws or any other conditions as laid down by the Council on the authorisation form. The Council also has the right to revoke the authorisation if the activity is deemed contrary to public decency or morals. If the Council revoke the authorisation for any of the reasons mentioned in paragraph 2, the authorised person shall not be refunded the fee paid or any part thereof. The authorisation is subject to any permit or licence necessary under any other law. It is the responsibility of the applicant to obtain such permit or licence. The authorised person shall not carry out any activity which is not indicated in the authorisation. The authorised person shall keep the facility clean at all times during the activity, and ensure that such place remains clean until the expiry of the authorisation. The authorised person shall ensure that at the end of the authorisation the facility be restored to its original state. The authorised person shall ensure that no inconvenience or nuisance is caused to the public during the duration of the authorisation. Any noise shall cease by 11.00pm. A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information of the public. USE OF FACILITIES AND ADMINISTRATION (ĦAD-DINGLI LOCAL COUNCIL) [ S.L. 363.224 THIRD SCHEDULE (bye-law 9) Fees for the Use of Facilities Payment for the use of the bike sharing system: €2.50 per hour up to a maximum of four hours €1.50 for any additional hour €10.00 for eight hours In any case the e-bike cannot be used for more than fifteen hours. Payment for the use of the Ġnien il-Ħaddiem: €50.00 for a maximum of four hours €10.00 for hour for any additional hour Payment for the space in front of the St. Mary Magdalene Chapel: €300.00 for a maximum of four hours €50.00 for hour for any additional hour 7