S.L. 363.126 Art. 2Interpretation. Cap. 363. Authorization to advertise on street furniture.

In these Bye-Laws unless the context otherwise requires -

"Act" means the Local Government Act; "advertisement" means any type of promotion whether commercial or otherwise, and includes a notice; "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 street furniture under the provisions of bye-law 3.1;

"Council" means the Rabat (Malta) 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, bins on wheels, benches, planters, boundary walls, columns, roundabouts, central strips and traffic islands. 3.1 Subject to any permit, authorization, or licence required under any law, no person shall display, fix or place any advertisement on any street furniture within the Rabat locality boundary without the written authorization of the Council.

3.2 The authorization may be granted 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 authorization 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 authorization granted by the Council to the contractor in terms of bye-law 3.3. 3.3 Following a public call by the Council, the authorization of the Council shall take the form of a contract in accordance with the regulations and procedures applicable to Local Councils. 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. 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 authorization: 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 in the contract or with conditions different from those stipulated in the original contract. 3.5 For every authorization granted by the Council in accordance with these Bye-Laws, there shall be paid a fee as established in the Schedule: Provided that for the authorization granted by the Council following a public call, the fee entitled to be paid to the Council is that offered in the accepted tender document.

3.6 The Council may grant authorization in terms of these Bye-Laws to voluntary organizations that operate from the locality, parochial and philanthropic organizations or non-governmental organizations listed in the Eighth Schedule to the Act, after the Council receives a written request so as to advertise activities or public notices without payment. 3.7 Notwithstanding the authorization granted under these Bye-Laws, the person to whom authorization is given is personally responsible for any permits or licences necessary under any other law.

3.8 Any authorization granted under these Bye-Laws is subject amongst other conditions, to a condition that the advertisement shall be removed within one week from the expiry date of the authorization. In any case to the contrary, the person responsible for removing such advert shall be guilty of a contravention.