USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) [ L.S.363.55 1 SUBSIDIARY LEGISLATION 363.55 USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) BYE-LAWS 9th July, 2000 LOCAL COUNCIL BYE-LAW 67/13/2000, as amended by Legal Notices 425 of 2007 and 426 of
- The title of these Bye-Laws is the Use of Facilities and Administration (|urrieq Local Council) Bye-Laws. 2.1 In these Bye-Laws unless the context otherwise requires: "Act" means the Local Government Act; Citation. Interpretation. Cap.
- "applicant" means any person, whether an individual, club, a s s o c i a t i o n o r s o c i e t y, w h o a p p l i e s t o u s e t h e f a c i l i t i e s i n accordance with these Bye-Laws; "authorised person" means the person, club, association or society who has been granted authorisation by the Council in terms of the provisions of these Bye-Laws for the use of any of the facilities; "Council" means the |urrieq Local Council; "equipment" means anything placed or fixed within the facilities, and any other ornamental structures; "facilities" means the whole property or part thereof known as Mit]na tax-Xarolla, |urrieq; "Government" means the central Government; "locality" means the |urrieq locality which lies within the boundaries as defined in the Second Schedule to the Act. 3.1 Without any prejudice to any other permit required by any other authority or under any law, no person shall use the facilities without the prior authorisation of the Council. Use of facilities. 3.2 Equipment shall only be used for the purposes for which they are intended. Use of equipment. 4.1 The Council shall issue an authorisation for the use of any of the facilities after a written application is submitted by an applicant on the form prescribed in the First Schedule: Application for the use of facilities. Provided that the Council shall have the right to refuse to issue an authorisation in those circumstances and for any reason which the Council deems fit; sohowever that the Council shall, within fifteen days from the date of application, issue the authorisation or a refusal in writing, as the case may be. 4.2 Applications must be submitted by not later than one month and not earlier than two months before the date of the proposed activity. Council’s decision shall be communicated to applicant as early as possible: Provided that the Council may give a concession and vary 2 L.S.363.55] USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) these time-limits. 4.3 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. If applications are received simultaneously, the applicant who resides in the locality shall be given preference. If all the applicants are from the locality, or if none of them resides in the locality, the Council shall draw by lot the application to be chosen in the presence of the applicants. Nature of activity.
- No application submitted in terms of bye-law 4.1 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. 6.1.1 The authorisation shall be forwarded to 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. Authorisation. 6.1.2 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. Priority by Council for use of facilities. 6.2 An authorisation issued under these Bye-Laws shall not be transferable without the prior written consent of the Council. 6.3 The Council shall have priority for the use of the facilities. 6.4 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 C ou n c i l m a y wi t hd r a w t h e au th o ri s a t i on a l r e a d y i s s u e d b y informing applicant in writing at least fifteen days before the date of the said activity. In such a case, the Council shall refund the fees paid by applicant, and all other expenses incurred in connection with the activity applied for subject to the production of receipts. Fees for the use of facilities and equipment. Amended by: L.N. 425 of
- The applicant shall, on submission of the application, pay a fee as stipulated in the Third Schedule according to the nature of the activity: Special concession. Provided that the Council may grant a special concession in the case of activities with a philanthropic purpose at a nominal fee of two euro and thirty-three cents (€2.33). Entrance of persons in the property. 8.1 The Council shall have the authority to admit any person to visit the museum within the property within the established days and time. Entrance fee. 8.2 The Council shall have the ht to charge an entrance fee as stipulated in the Fourth Schedule. Responsibility for damages.
- Any person visiting the museum, 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 caused to the facilities or to any of its equipment, or for any other damages sustained by third parties within the facilities USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) [ L.S.363.55 3 during the duration of the authorisation. 10.1 Without prejudice to the provisions of bye-law 9, if an authorised person makes improper use of the facilities 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. Improper use of facilities; breach of the terms and conditions. 10.2 It is in the discretion of the Council whether or not to issue any future authorisation to the authorised person whose authorisation is withdrawn as indicated in bye-law 10.
- 11.1 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 a uth or isa t ion g iv e n b y vir tu e o f the se By e -L a w s, shall , on conviction be liable to a fine (ammenda) not exceeding sixty-nine euro and eighty-eight cents (€69.88) for such contravention. Penalties. Amended by: L.N. 425 of
- 11.2 The Council may, in addition to the penalties stipulated in bye-law 11.1, order the person found guilty of a breach to carry out the necessary repairs to the satisfaction of the Council. A fine (ammenda) of eleven euro and sixty-five cents (€11.65) may also be imposed for any day during which such repairs are not carried out. Amended by: L.N. 425 of
- 11.3 The Council shall have the right to carry out the repairs at the expense of the guilty person. 4 L.S.363.55] Amended by: L.N. 426 of
- USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) FIRST SCHEDULE (Bye-law 4.1) Application for the Use of Facilities at the Mit]na tax-Xarolla, Triq Sant’Andrija, |urrieq Application No.: ......................................................... Name and Surname of Applicant: .......................................................................... Legally Valid Identification Document Number/Passport No.: ............................... Position in Organisation: (e.g. President, Secretary, etc.) ...................................... Name of Organisation: (if applicable) ................................................................... Official Address: .................................................................................................. .................................................................................................. Tel. No.: ............................................... Fax No.: ................................................. Facility applied for: .............................................................................................. Days of Activity: From ................................ to ....................................... Duration: (time) From ................................ to (time) ............................. Approx. expected attendance: .................................. Entrance Fee (if applicable): ................................... Measures taken to indemnify the Council (attach documents): ............................... (e.g. 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): ................................................................... Signature: ......................................... Official Rubber Stamp: Designation: ..................................... USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) [ L.S.363.55 5 SECOND SCHEDULE (Bye-law 6.1) Terms and Conditions for the Authorisation of the Use of the Facilities at the Mit]na tax-Xarolla, Triq Sant’Andrija, |urrieq
- 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 ByeLaws 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 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.
- 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 11.00 p.m.
- A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information of the public. THIRD SCHEDULE (Bye-law 7) Substituted by: L.N. 425 of
- Fees for the Use of Facilities
- Payment for the use of the Mit]na tax-Xarolla, Triq Sant’ Andrija, |urrieq Cultural activities - €34.94 each activity Other activities - €116.47 each activity Activities for a Philanthropic Purpose: A nominal fee of €2.33 in respect of any activity held for a philanthropic purpose. L.S.363.55] 6 Substituted by: L.N. 425 of
- USE OF FACILITIES AND ADMINISTRATION (|URRIEQ LOCAL COUNCIL) FOURTH SCHEDULE (Bye-law 8.2) Fees payable for entry into the Museum forming part of Mit]na tax-Xarolla
- Entrance fee due by persons aged between eighteen and sixty years Entrance fee due by persons aged between ten and seventeen years, and persons over sixty No entrance fee shall be due for students and persons under ten years of age. €2.33 €0.58