ADVERTISEMENTS ON STREET FURNITURE (IKLIN LOCAL COUNCIL) [ S.L.363.64 1 SUBSIDIARY LEGISLATION 363.64 ADVERTISEMENTS ON STREET FURNITURE (IKLIN LOCAL COUNCIL) BYE-LAWS 26th January, 2001 LOCAL COUNCIL BYE-LAW 28/22/2000, as amended by Legal Notice 425 of
- The title of these Bye-Laws is the Advertisements on Street Furniture (Iklin Local Council) Bye-Laws.
- In these Bye-laws unless the context otherwise requires: "Act" means the Local Government Act; Citation. Interpretation. Cap.
- "advertisement" means any type of promotion whether commercial or otherwise, and includes a notice or any other thing used for the same purpose; "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 any street furniture under the provisions of bye-law 3.1; "Council" means the Iklin 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, skips or b ins on wheels, b enches, notice boards, p oles, planters, boundary walls, walls, columns, roundabouts, central strips and traffic islands. 3.1 Subject to any permit, authorisation, or licence required 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 Iklin locality boundary without the written authorisation of the Council. 3.2 Such 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 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 by the Council, the authorisation of the Council shall take the form of a contract in accordance with the regulations and procedures applicable to Local Councils. Authorisation to advertise on street furniture. 2 [ S.L.363.64 ADVERTISEMENTS ON STREET FURNITURE (IKLIN LOCAL COUNCIL) Such a contract shall be valid for a period of one year which may be renewed for a further one year period by means of a contract. In every case the Council reserves the right to refuse to renew the contract after having given valid reasons in writing to the person concerned. 3.4 The Council may, on awarding 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 by the contract, or at a higher price than that established by the Council by the contract or with conditions different from those stipulated in the original contract. 3.5 For every authorisation granted by the Council according to these Bye-Laws there shall be paid a fee as established in the Schedule: Provided that for any authorisation granted by the Council following a public call, the fee entitled to be paid to the Council shall be that offered in the tender document which has been accepted. 3.6 Notwithstanding the authorisation granted under these Bye-Laws, the person to whom authorisation is given is personally responsible to obtain any permits or licences necessary under any other law. 3.7 The Council may grant authorisation in terms of these ByeLaws to voluntary organisations or non-governmental organisations listed in the Eighth Schedule to the Act, after the Council receives a written request so as to advertise activities or public notices free of charge. 3.8 Any authorisation granted under these Bye-Laws shall be subject amongst other conditions to a condition that the advertisement shall be removed within one week from the expiry date of the authorisation. In any case to the contrary, the person r e s p o n s i b l e f or r e m o v i n g s u c h a d v e r t s s h a l l b e g u i l t y of a contravention. Penalty. Amended by: L.N. 425 of
- 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, shall, on conviction, be liable to a fine (ammenda) of forty-six euro and fifty-nine cents (€46.59) for such contravention and to a further fine (ammenda) of not less than two euro and thirty-three cents (€2.33) and not more than eleven euro and sixty-five cents (€11.65) for every day for every day during which one of the provisions of these Bye-Laws or any condition of the authorisation is breached. ADVERTISEMENTS ON STREET FURNITURE (IKLIN LOCAL COUNCIL) [ S.L.363.64 SCHEDULE (Bye-law 3.5) Substituted by: L.N. 425 of
- Fees due for Advertisements on Street Furniture Size Up to 0.5 square metre Up to 1.0 square metre Up to 2.0 square metres Exceeding 2.0 square metres - Fee due Two Weeks One Month One Year €6.99 €11.65 €46.59 €13.98 €23.29 €116.47 €27.95 €46.59 €232.94 €4.66 per day (subject to a maximum of €93.17) 3