S.L. 363.213 Art. 2Interpretation. Cap. 363. Authorisation to place advertisements on street furniture. 2 [S.L. 3

In these Bye Laws, unless the context otherwise requires:

"Act" means the Local Government Act;

"advertisement" includes a notice;

"applicant" means the person who applies to the Council to display, fix or place any advertisement on street furniture 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 Ħal Safi Local Council;

"football pitch" refers to the five-a-side football pitch which is owned by the Council and is situated between the Ħal Safi Local Council premises and the Playing Field leading to ‘Triq il-Ħajt Ruman’;

"street furniture" means any object, movable or immovable, which is the Council’s property or is under its responsibility and which although not substantially forming part of the road, pavement, garden, Council premises or other public area, would be placed in such area or fixed to it, or even placed in it or on it, and includes dustbins, benches, planters, boundary walls, walls, balustrades, columns, roundabouts, central strips and traffic islands, and any other which may be included by the Council by means of a resolution.

3.1. Subject to any permit, authorisation, or licence required under any other law, no person shall display, fix or place any advertisement on any street furniture within the Ħal Safi locality boundary, or in the football pitch, without the written authorisation of the Council.

3.2. The authorisation may be granted either after a written 363.213 COUNCIL)

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 the 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.

3.3. 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.

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. This also applies to the advertising-space within the Ħal Safi Football Pitch, however in such case no third party ownership will be given for this area. In such a case, advertisements may only be displayed following the written authorisation of the Council:

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.

3.5. For every authorisation granted by the Council according to these Bye-Laws a fee shall be paid as established in the Schedule:

Provided that for the authorisation granted by the Council following a public call, the fee entitled to be paid to the Council is that offered in the document of the accepted tender.

3.6. Notwithstanding the authorisation 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.

3.7. The Council may grant authorization according to these Bye-Laws to voluntary organizations that operate from the locality, parish organizations or philanthropic societies after the Council receives a written request so as to advertise activities or public notices without payment.

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.