ADVERTISEMENTS ON STREET FURNITURE (MOSTA LOCAL COUNCIL) [ S.L.363.71 1 SUBSIDIARY LEGISLATION 363.71 ADVERTISEMENTS ON STREET FURNITURE (MOSTA LOCAL COUNCIL) BYE-LAWS 4th June, 2001 LOCAL COUNCIL BYE-LAW 39/8/2001, as amended by L.C.B.L. 39/5/ 2004, and Legal Notice 425 of
- The title of these Bye-Laws is the Advertisements on Street Furniture (Mosta 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 Mosta 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, planters, boundary walls, walls, columns, poles, trees, 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 Mosta locality boundary without the written authorisation of the Council. 3.2 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.363.71 ADVERTISEMENTS ON STREET FURNITURE (MOSTA LOCAL COUNCIL) Such a contract shall be valid for a period of one year which may be renewed for further periods of one year each by means of a contract. In every case the Council reserves the right to refuse to renew the contract. 3.4 The Council may, on awarding the contract mentioned in bye-law 3.3, authorise the contractor to use the space where advertisement may be displayed on street furniture, even by selling the mentioned space to third parties. In such a case, the third parties would not require the Counci1’s authorisation: Provided that the contractor shall not use or sell the space for any advertisement that is prohibited by law or in terms of the 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 due to the Council shall be that offered in the tender document which has been accepted. 3.6 For every authorisation granted, the Council has the right to request a deposit of money by way of guarantee. 3.7 Notwithstanding the authorisation granted under these Bye-Laws, the person to whom authorisation is given is personally responsible to obtain any permit or licence required under any other law. 3.8 The Council may grant authorisation in terms of these ByeLaws to voluntary organisations that operate from the locality, or to non-governmental organisations listed in the Eighth Schedule to the Act, after a written request to advertise activities or public notices free of charge is received. 3.9 Any authorisation granted under these Bye-Laws shall be subject, amongst other conditions, to the condition that the advertisement shall be removed within one week from the expiry date of the authorisation. In the event of non-compliance, the person responsible for removing such adverts shall be guilty of a contravention. 3.10 If, in the opinion of the Council, any advertisement is in breach of any law or any provision of the contract as indicated in bye-law 3.4, this shall be removed as soon as requested by the Council. In the event of non-compliance, the responsible person shall be guilty of a contravention. 3.11 If, following a request for the removal of an advertisement as indicated in bye-laws 3.9 and 3.10, there is non-compliance, the Council shall have the right to remove the advertisement at the expense of the contractor. 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 eleven euro and ADVERTISEMENTS ON STREET FURNITURE (MOSTA LOCAL COUNCIL) [ S.L.363.71 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. 3 4 [ S.L.363.71 Substituted by: L.C.B.L. 39/5/2004; L.N. 425 of
- ADVERTISEMENTS ON STREET FURNITURE (MOSTA LOCAL COUNCIL) SCHEDULE (Bye-law 3.5) Fees due for Advertisements on Street Furniture Size Fee due Two Weeks One Month One Year Up to 0.1 square metre €6.99 €11.65 €46.59 Up to 1.0 square metre €13.98 €23.29 €116.47 Up to 2.0 square metres €27.95 €46.59 €232.94 Exceeding 2.0 square metres - €4.66 per day (provided this is not less than €93.17).