S.L. 363.15 Art. 5Devices to register automatically the number of persons admitted into the Garden. Curator. Engagement of curator. Functions of curator. Authorisation by Council for certain activities. Authorisationtobe signed by Secretary or Mayor. Authorisation subject to terms and conditions. Authorisation fees.

For the purpose of record-keeping, the Council may install any turnstile or other device which would automatically register the number of persons admitted into the Garden.

6.1 The Council may appoint a person to act as curator of the

Garden. 6.2 The engagement of the curator shall be by means of a contract for a period of one year, which may be renewed for further successive periods of one year each.

6.3 The curator shall be the administrator of the Garden. His functions shall be:

(a) to administer the day-to-day running of the Garden;

(b) to have custody of all the assets within the Garden;

(c) to manage, supervise and give any instruction to any person carrying out duties within the Garden or any other duty connected thereto;

(d) to draw up a detailed and up-to-date inventory of all the items within or pertaining to the Garden;

(e) to grant permission for the use of any furniture, fittings, equipment, vehicles, plant, machinery or any other item under his control, within the boundaries of the Garden;

(f) to carry out periodic checks on all items on the inventory and report any surplus or deficiency to the Secretary;

(g) to take measures of control and storage of all items on the inventory;

(h) to maintain an accurate inventory of stock items;

(i) to draw up a report of any incident occurring within the boundaries of the Garden whenever he is required so to do by the Secretary;

(j) to issue entrance block tickets issued by the Council to any person or organization who books for admission in advance, and to take any decision concerning admission or expulsion from the Garden as he deems necessary in the circumstances; provided that he has no authority to grant or revoke any authorisation which is incumbent on the Council;

(k) to keep a record of all the activities held in the Garden and those which are scheduled to take place, where authority has been granted;

(l) to deposit with the Secretary, every day, the monies collected from admission fees and those collected in the coin-operated machines, as well as draw up weekly financial statements and forward them to the Secretary;

(m) to draw up a quarterly administrative report to the Council, which shall include recommendations for improvements to the Garden and the system of management in general;

(n) to carry out any other duties that may be detailed or delegated to him by the Council.

7.1 The Council shall have the right to give authorisation in writing to any person or organisation for the temporary use of the

Garden for which a fee shall be paid to the Council. 7.2 The written authorisation issued in terms of bye-law 7.1

shall be granted under the signature of the Secretary or the Mayor after an application has been made to the Council on the form prescribed in Part I of the Third Schedule:

Provided that a commercial activity shall only be authorised by the Council by resolution. In the case of doubt whether an activity is commercial or non-commercial, this shall be decided by the Council whose decision shall be final: Provided further that in the case of an application for Wedding, Engagement, Holy Communion and Confirmation photo-sessions, the authorisation shall be given by the Secretary on application. 7.3.1 Any authorisation given shall be subject to the terms and conditions stipulated in Part 2 of the Third Schedule.

7.3.2 A copy of the terms and conditions for a given authorisation may be put up by the Council in a prominent place at the entrance to the Garden for the duration of the activity. 7.4 The applicant shall pay a fee as stipulated in Part 3 of the

Third Schedule, according to the nature of the activity: Provided that the fee paid shall be refunded to applicant if the authorisation is not granted, for any reason, by the Council, and to any applicant who cancels his application at least one week from the first day of the activity: Provided further that the authorisation shall be deemed not valid if the authorised person fails to comply with the terms and conditions established in the authorisation or if he fails to abide by any instruction given to him by the Council. In such an instance, the fee which would have been paid would be forfeited in favour of the Council. 7.5.1 The Council shall have the right to give an authorisation to an applicant who intends to make an activity for which the authorised person may charge an admission fee. In this case, the

Council shall have the right to receive up to twenty per centum

(20%) of all proceeds from the admission fee charged for the authorised activity: Provided that, in all cases the Council shall receive not less than fifty-eight cents (0.58) per adult: Provided further that where no admission fee is charged by the authorised person, the fees stipulated in the Second Schedule shall apply. 7.5.2 The Council shall also have the right to receive a maximum of twenty per centum (20%) of all the proceeds from sponsorship, commercial advertisements or sales derived from or as a result of the authorised activity. 7.6 The Council may request also the authorised person to pay any additional costs and expenses incurred by the Council as a consequence of the activity, including utilities and the rendering of additional services.

7.7 The Council shall also have the right to give authorisation for the temporary use of the Garden for any activity which is not listed in Part 3 of the Third Schedule, against a fee which shall be determined by the Council and which in no case shall exceed two hundred and thirty-two euro and ninety-four cents (€232.94). 7.8.1 The Council may also, at its discretion, in addition to the fee mentioned in bye-law 7.4, charge a sum not exceeding two hundred and thirty-two euro and ninety-four cents (€232.94), as caution money. 7.8.2 Such sum would be paid back to the authorised person if the Council is satisfied that at the end of the activity no damages or breach of the conditions were committed by the authorised person.

7.8.3 In the case of any breach of any of the terms and conditions mentioned above, the said sum would be forfeited in favour of the Council without prejudice to any other action that the

Council may take. 7.9 Without prejudice to the provisions of bye-law 7.8, the

Council may also demand that the applicant submit an insurance policy to cover any damages, theft and any other source and form of liability or claim from third parties for the duration of the activity, including the period of preparation and of removal of equipment, apparatus, furniture or any other device used for the activity. 7.10 The Council may grant a special concession to any voluntary organisation or any other organisation to hold any activity within the Garden, at a fee which is less than that stipulated in Part 3 of the Third Schedule, or at no fee at all.