L.S. 363.52 Bye-Laws dwar l-Amminstrazzjoni ta' Ġnien Kunsill ta' L-Ewropa Gżira (Kunsill Lokali Gżira)

(2)of the Local Government (Financial) Regulations; "applicant" means the person, organisation or body of persons who apply to the Council for authorisation for the use of the Garden under the provisions of bye-law 7; "authorisation" means the authorisation granted by the Council to any applicant under the provisions of bye-law 7; "authorised person" means the person, organisation or body of persons who has been granted authority for the temporary use of the Garden under the provisions of bye-law 7; "children" means those persons under the age of fourteen years; "commercial activity" means any activity which has as its primary objective the commercial promotion or sale of goods or services as designated in Part 3 of the Third Schedule, or any other activity which is deemed to be so by the Council; "Committee of Management" means the Council or any Committee set up by the Council in accordance with the provisions of article 47 and Standing Orders 26 to 28 of the Sixth Schedule to the Act in order to carry out the function of administration of the Garden on behalf of the Council under the terms stipulated in byelaw 9; "Council" means the G\ira Local Council; "curator" means the person appointed by the Council as administrator of the Council of Europe Gardens G\ira in accordance with the provisions of bye-law 6; "exclusive use" means the use of the garden by any person or organisation as indicated in bye-law 8, which gives the right to such person or organisation to charge an admission fee for the authorised activity; "Garden" means the Council of Europe Gardens G\ira; "Council of Europe Gardens G\ira" means the garden located in G\ira and situated between Triq ix-Xatt and the Yacht Marina as Citation. Interpretation. Cap. 363. S.L. 363.01 1 2 S.L.363.52] ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) designated in the site-plan as the shaded area in the First Schedule; "non-commercial activity" means any activity relating to educational, social, cultural or informational purposes as designated in Part 3 of the Third Schedule, but not concerning as its primary objective the commercial promotion or sale of goods or service; "opening hours" means the period of time during which the Garden is open to the public and which shall be determined by the Council from time to time; "organisation" means any association, organisation or body of persons, whether governmental or non-governmental; "Secretary" means the Executive Secretary of the G\ira Local Council; "site" means the area within the boundaries as designated in the First Schedule; "temporary use" means a period not exceeding fifteen days or any lesser period. Admission fee. 3.1 The Council shall have the right to charge an admission fee to any person who wishes to enter the Garden: Provided that the Council may give a concession for free admittance to any person or organisation as it may decide by resolution. 3.2 The admission fees are those stipulated in the Second Schedule, which may be varied by the Council from time to time by means of other Bye-Laws. 3.3 The collection of these fees shall be made either by the person who is authorised by the Council to do so, or by any other means as the Council may determine. Prohibitions in all areas of the Garden. 4.1 In all areas of the Garden, children not accompanied by adults, bicycles, ball-games, skate-boarding, roller-skating, bladerollers, and animals, are prohibited. 4.2 No motor vehicle shall enter the Garden unless authorised to do so in writing by the Council. Devices to register automatically the number of persons admitted into the Garden. 5. For the purpose of record-keeping, the Council may install any turnstile or other device which would automatically register the number of persons admitted into the Garden. Curator. 6.1 The Council may appoint a person to act as curator of the Garden. Engagement of curator. 6.2 The engagement of the curator shall be by means of a contract for a period of one year, which may be renewed for further successive periods of one year each. Functions of curator. 6.3 The curator shall be the administrator of the Garden. His functions shall be (

1. a)to administer the day-to-day running of the Garden; (
2. b)to have custody of all the assets within the Garden; ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) [ S.L.363.52 3 (
3. c)to manage, supervise and give any instruction to any person carrying out duties within the Garden or any other duty connected thereto; (
4. d)to draw up a detailed and up-to-date inventory of all the items within or pertaining to the Garden; (
5. e)to grant permission for the use of any furniture, fittings, equipment, vehicles, plant, machinery or any other item under his control, within the boundaries of the Garden; (
6. f)to carry out periodic checks on all items on the inventory and report any surplus or deficiency to the Executive Secretary; (
7. g)to take measures of control and storage of all items on the inventory; (
8. h)to maintain an accurate inventory of stock items; (
9. i)to draw up a report of any incident occurring within the boundaries of the Garden whenever he is required to do so by the Executive Secretary; (
10. j)to issue entrance block tickets issued by the Council to any person or organisation who books for admission in advance, and to take any decision concerning admission or expulsion from the Garden as he deems necessary in the circumstances; provided that he has no authority to grant or revoke any authorisation which is incumbent on the Council; (
11. k)to keep a record of all the activities held in the Garden and those which are scheduled to take place, where authority has been granted; (
12. l)to deposit with the Executive Secretary, every day, the monies collected from admission fees and those collected in the coin-operated machines as well as draw up weekly financial statements and forward them to the Executive Secretary; (
13. m)to draw up a quarterly administrative report to the Council, which shall include recommendations for improvements to the Garden and the system of management in general; (
14. n)to carry out any other duties that may be detailed or delegated to him by the Council. 7.1 The Council shall have the right to give authorisation in writing to any person or organisation for the temporary use of the Garden, for which a fee shall be paid to the Council. Authorisation by Council for certain activities. 7.2 The written authorisation issued in terms of bye-law 7.1 shall be granted under the signature of the Executive Secretary or the Mayor after an application has been made to the Council on the form prescribed in Part 1 of the Third Schedule: Authorisation to be signed by the Executive Secretary or Mayor. Provided that a commercial activity shall only be authorised by the Council by resolution. In the case of doubt whether an activity is commercial or non-commercial, this shall be 4 S.L.363.52] ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) decided by the Council whose decision shall be final: Provided further that in the case of application for Wedding, Engagement, Holy Communion and Confirmation photosessions, the author isation shall be given by the Executive Secretary on application. Authorisation subject to terms and conditions. 7.3.1 Any authorisation given shall be subject to terms and conditions stipulated in Part 2 of the Third Schedule. 7.3.2 A copy of the terms and conditions for a given authorisation may be put up by the Council in a prominent place at the entrance to the Garden for the duration of the activity. Authorisation fees. 7.4 The applicant shall pay a fee as stipulated in Part 3 of the Third Schedule, according to the nature of the activity: Refund of application fee. Provided that the fee paid shall be refunded to applicant if the authorisation is not granted, for any reason, by the Council, and to any applicant who cancels his application at least one week from the first day of the activity: Failure to abide by terms and conditions results in forfeiture of authorisation fee. Provided further that the authorisation shall be deemed not valid if the authorised person fails to comply with the terms and conditions conditions established in the authorisation or if he fails to abide by any instruction given to him by the Council. In such an instance, the fee which would have been paid would be forfeited in favour of the Council. Authorised person may charge an admission fee. 7.5.1 The Council shall have the right to give an authorisation to an applicant who intends to make an activity for which the authorised person may charge an admission fee. In this case, the Council shall have the right to receive up to twenty per cent (20%) of all proceeds from the admission fee charged for the authorised activity: Provided that, in all cases the Council shall receive not less than 25c per adult. 7.5.2 The Council shall also have the right to receive a maximum of twenty per cent (20%) of all the proceeds from sponsorship, commercial advertisements or sales derived from or as a result of the authorised activity. Additional costs and expenses to be paid to Council by authorised person. 7.6 The Council may request also the authorised person to pay any additional costs and expenses incurred by the Council as a consequence of the activity, including utilities and the rendering of additional services. Other activities. Amended by: L.N. 425 of 2007. 7.7 The Council shall also have the right to give authorisation for the temporary use of the Garden for any activity which is not listed in Part 3 of the Third Schedule, against a fee which shall be determined by the Council and which in no case shall exceed four hundred and sixty-five euro and eighty-seven cents (€465.87) per day. ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) [ S.L.363.52 5 7.8.1 The Council may also, at its discretion, in addition to the fee mentioned in bye-law 7.4, charge a sum not exceeding four hundred and sixty-five euro and eighty-seven cents (€465.87), as caution money. Caution money. Amended by: L.N. 425 of 2007. 7.8.2 Such sum would be paid back to the authorised person if the Council is satisfied that at the end of the activity no damages or breach of the conditions were committed by the authorised person. Refund of caution money. 7.8.3 In the case of any breach of any of the terms and conditions mentioned above, the said sum would be forfeited in favour of the Council without prejudice to any other action that the Council may take. Caution money forfeited in favour of Council for breaches of terms and conditions. 7.9 Without prejudice to the provisions of bye-law 7.8, the Council may also demand that the applicant submit an insurance policy to cover any damages, theft and any other source and form of liability or claim from third parties for the duration of the activity, including the period of preparation and of removal of equipment, apparatus, furniture or any other device used for the activity. Insurance policy. 7.10 The Council may grant a special concession to any voluntary organisation or any other organisation to hold any activity within the Garden, at a fee which is less than that stipulated in Part 3 of the Third Schedule, or at no fee at all. Special concession. 8. The Council, any central Government authority, or any person or organisation to whom authorisation is given under the provisions of bye-law 7.5.1, may make exclusive use of the Garden or part thereof provided that prior notice of at least two weeks is given to the Council. For this purpose, the entire Garden or part thereof may be closed or admission restricted. Exclusive use of the Garden or part thereof. 9.1 The Council may appoint a Committee of Management which shall perform all such duties as are competent on the Council in respect of the management of the Garden in accordance with the provisions of these Bye-Laws: Committee of Management. Provided that the financial management shall be the responsibility of the Executive Secretary. 9.2 The number of members, the bodies to be invited to nominate members and the terms of reference of the Committee of Management shall be determined by the Council. 10. The Council shall have the right, in terms of regulation 43 of the Local Government (Financial) Regulations, to contract to third parties, rights, concessions, permits or authorisation to manage, operate, use or occupy the Garden or part thereof: Right of Council to contract to third parties rights, concessions, etc. S.L. 363.01 Provided that the contract shall be only valid if the person to whom it is given has obtained any permits or licenses necessary under any other law. 11. The Council may install, within the boundaries as designated in the First Schedule, any coin-operated machine for the selling of tickets, fish-food, drinks or snacks, as well as for other purposes normally associated with public places, including mobile public toilets, and any other coin-operated equipment as the Coin-operated machines. 6 S.L.363.52] ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) Council may deem proper, subject to any other permit required under any other law. Penalty. Amended by: L.N. 425 of 2007. 12.1 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, except for the provisions of bye-law 4 shall, on conviction, be liable to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88) 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 authorisation is breached. Amended by: L.N. 425 of 2007. 12.2 Every person who is in breach of the provisions of bye-law 4 shall, on conviction be liable to a fine (ammenda) of forty-six euro and fifty-nine cents (€46.59) for each contravention mentioned under the same bye-law. Amended by: L.N. 425 of 2007. 12.3 Every person who is in breach of the provisions of bye-law 4.2, that person or the licence holder of that motor-vehicle shall, on conviction, be liable to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88) for each contravention. Notice to be fixed or erected at the entrance to the Garden. 13. The Council shall have the right to fix or erect a notice at the entrance to the Garden reproducing these Bye-Laws or part thereof in both the Maltese and English language. ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) [ S.L.363.52 7 FIRST SCHEDULE (Bye-law 2) BOUNDARIES OF SITE KNOWN AS COUNCIL OF EUROPE GARDENS G|IRA (Shaded Area) SECOND SCHEDULE (Bye-law 3) ENTRANCE FEE The entrance fee shall be of 23 cents per person. Substituted by: L.N. 425 of 2007. 8 S.L.363.52] ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) THIRD SCHEDULE PART 1 Amended by: L.N. 425 of 2007. (Bye-law 7.2) APPLICATION FORM (This application is being made in terms of the provisions of the Administration of Council of Europe Gardens G\ira (G\ira Local Council) Bye-Laws, and subject to the terms and conditions stipulated in Part 2 of this Schedule). Application No.: (to be inserted by Council) ......................................................... Name of Applicant: ............................................................................................... Identity Document No./Passport No.: .................................................................... Position in Organisation: ...................................................................................... (e.g. President, Secretary, etc.) Name of Organisation: .......................................................................................... Official Address: .................................................................................................. .................................................................................................. Tel. No.: ............................................... Fax No.: ................................................. Activity to be carried out: ..................................................................................... (give full details) Whether a Commercial/Non-Commercial Activity (delete as appropriate) (see Part 3 to this Schedule) Whether exclusive use is requested: Yes/No (delete as appropriate) (see bye-law 7 of the Bye-Laws. If yes, attach site-plan indicating exclusive area requested) Number of persons participating: .......................................................................... Date/s of Activity: From ................................ to ....................................... Duration: From (time) ...................... to (time) ............................. Fee Paid: Lm ........................................ Caution Money Paid: € ........................ (if charged) Receipt No: ..................................... (to be filled by Council) ...................................... .................................. Executive Secretary/Mayor* Date *signifying Council’s Authorisation Council rubber stamp ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) [ S.L.363.52 9 PART 2 (Bye-law 7.3) TERMS AND CONDITIONS FOR THE AUTHORISATION OF THE TEMPORARY USE OF THE COUNCIL OF EUROPE GARDENS G|IRA 1. The authorisation shall only be valid if it bears the signature of the Council Executive Secretary or the Mayor and on the dates and times indicated in the authorisation and as regards the authorised areas. 2. The Council shall have the right to revoke the authorisation at any time for any breach of any of these terms and conditions or of any provision of the Bye-Laws. The Council also has the right to revoke the authorisation if the activity is deemed contrary to public decency or immoral. 3. If the Council revokes 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. 4. The authorisation is subject to any permit or licence necessary under any other law, and which the applicant is obliged to obtain himself. 5. The authorised person may not carry out any activity which is not indicated in the authorisation. 6. The authorised person shall be held responsible for any theft, misuse or damage caused in the Garden as a consequence of the authorised activity. 7. The authorised person shall keep the place where the activity is held clean from any waste at all times during the activity. 8. The apparatus, devices, furniture and other accessories used during the activity have to be removed from the Garden by not later than ........................ after the termination of the activity. 9. The manner by which the activity is to be held shall be discussed beforehand between the applicant and Council Secretary or the curator of the Garden, and the authorised person is bound to effect the adjustments recommended by the Executive Secretary/curator. 10. Any noise shall cease at 12.00 midnight (during the Summer time period) and 11.00 p.m. (Winter period). 10 S.L.363.52] ADMINISTRATION OF COUNCIL OF EUROPE GARDENS G|IRA (G|IRA LOCAL COUNCIL) PART 3 (Bye-law 7.4) FEES DUE FOR ACTIVITIES REQUIRING AUTHORISATION BY THE COUNCIL Type of Activity 1. COMMERCIAL ACTIVITIES DURING ANY ONE DAY Photo Session (excluding Weddings, Engagement, Holy Communion and Confirmation photo session), advertising, modelling and fashion shows, fairs, etc., and the filming and productions in connection therewith, and any other activity so deemed in accordance with bye-law 2 of these Bye-Laws. 2. NON-COMMERCIAL Plays, soirees, musical and literary activities, media production and photo session connected with Weddings, Engagements, Holy Communion and Confirmation, and any other activity so deemed in accordance with bye-law 2 of these Bye-Laws. 3. COMMERCIAL ACTIVITIES EXCEEDING 24 HOURS BUT NOT EXCEEDING ONE WEEK 4. COMMERCIAL ACTIVITIES EXCEEDING ONE WEEK Fee Due €232.94 for the first hour. €58.23 for every additional hour. €23.29 per day. €349.41 per 24 hours or part thereof. €465.87 per day or part thereof.