S.L. 363.97 Art. 2Interpretation. Cap. 363. Authorisation 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 Floriana 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, walls, columns, tree pits, verges and central reservations, roundabouts, central strips and traffic islands. 3.1 Without prejudice to any permit, authorisation, or licence required under any law, no person shall display, fix or place any advertisement on any street furniture within the Floriana locality boundary without the written authorisation of the Council. 3.2 Such authorisation may be granted either after a written application to the Council or else after a public call made by the Council for applications is 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. 3.3 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 by the Council for a further one year period by means of a contract. In every case the Council reserves the right to refuse to renew the contract after having given valid reasons in writing to the person concerned. 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 authorisation: 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 or with conditions other than those stipulated in the original contract.

3.5 For every authorisation 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 authorisation granted by the Council following a public call, the fee entitled to be paid to the Council is that offered in the tender document which has been accepted. 3.6 Notwithstanding the authorisation granted under these Bye-Laws, the person to whom authorisation is given is personally responsible for any permits or licences necessary under any other law. 3.7 The Council may grant authorisation in terms of these Bye-Laws to voluntary organizations that operate from the locality, 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. 3.8 Any authorisation 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 authorisation. In any case to the contrary, the person responsible for removing such advertisements shall be guilty of a contravention.