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S.L. 363.143 · Outdoor Activities Within The Locality (S.L. 363.143)

S.L. 363.143 Art. 2Interpretation.

In KraftAmtlicher Text

In these Bye-Laws unless the context otherwise requires:

"the Act" means the Local Government Act;

"activity" means any outdoor event which falls within the scope of these bye-laws;

"applicant" means a person applying for a permit in terms of these bye-laws, be it an individual, company, club or association;

"application" means a request made by an applicant to the Council in accordance with these bye-laws, in the form shown in the Sixth Schedule to these Bye-Laws;

"camp" includes any type of camp or encampment be it of textile or canvas of other temporary structure, but excludes umbrellas;

"Camper" means any vehicle propelled by mechanical power designed for the transport of persons which is equipped with beds or with facilities for the preparation of food;

"camping area" means an area marked in plans shown in the First Schedule to these Bye-Laws designated for the erection of camps;

"caravan" means any vehicle, without mechanical power of its own, designed for the transport of persons which is equipped with beds or with facilities for the preparation of food;

"the Council" means the Mellieħa Local Council;

"a Day" means from midnight to midnight of the following day;

"Gazebo" includes all types of roofed structures of fabric or canvas, usually, but not necessarily with open sides, providing a shady place, but excludes umbrellas;

"locality" means the locality of Mellieħa as defined in the Act; "private land" means such land in respect of which a person has title or which is given on encroachment.

"motor vehicle" shall have the same meaning as that given to it in the Traffic Regulation Ordinance

3.1.1. Without prejudice to the provisions of any other law which requires the necessity of a permit from any other authority, no person may erect a cap, caravan or undertake catering activities in any place within the locality including in any designated beach, without the prior written authorisation of the Council given in terms of these bye-laws and the conditions stipulated in the permit issued, which conditions shall be considered as part of these bye-laws. These permits are subject to and shall be read in conjunction with the provisions of all the Regulations and conditions stipulated in the Trees and Woodlands Protections Regulations.

Provided that no written authorisation from the Council in terms of these bye-laws shall be required to place a camper if the following conditions are adhered to:

(a) that no nuisance or inconvenience is caused to the inhabitants or passers by in the streets, by the use of a generator or any other machinery;

(b) that the camper is parked within a permitted parking space as permitted by traffic regulations;

(c) that no objects are placed on the pavement or in the street or around the camper:

Provided that no motor vehicle, or caravan shall be parked in Zones designated as camping areas A, B and C, as indicated in the First Schedule:

Provided further that no campers or caravans shall be parked in the locations indicated in the Fifth Schedule to these bye-laws;

Provided further that no written authorisation from the Council in terms of these Bye- Laws shall be required to erect a gazebo near the seashore:

Sohowever that no gazebo may be erected if a footpath of a meter and a half is not left around it and it is dismantled from dusk until dawn of the following day;

3.1.2. The Council may authorise outdoor cooking at the beaches indicated in the First and Second Schedule to these Bye-Laws:

Provided that outdoor cooking done by charcoal or firewood, or the use of generators or the playing of amplified music, is not permitted "at the beaches and designated camping areas indicated in the First and Third Schedule to these Bye-Laws.

Provided further that outdoor cooking at the beaches indicated in the Fourth Schedule to these Bye-Laws is not permitted.

3.2. The Council may erect signs to indicate that an area is a designated beach or a camping area for the purposes of these Bye-Laws.

3.3. No authorisation in terms of the provisions of these Bye-Laws shall be required for an activity which takes place on private land.

4.1. The Council may, on an application made by any person, grant a permit for an activity to be held in any part of the locality, subject to such conditions which the Council may deem fit to impose.

4.2. When submitting an application for a permit, the applicant shall indicate the number of participants to whom the activity would be intended and in default, it shall be presumed that the activity is intended for more than fifty persons.

4.3. The applicant shall be held responsible for the cleaning of the site following such activity.

4.4. The fees for the authorisation under these Bye-Laws shall be those indicated in the Seventh Schedule.