S.L. 363.127 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; "advertisements" means any board, sign, notice or any other means made, exhibited, fixed or placed in any public place within the Kirkop boundaries to advertise or to make publicity or to give notice, or any other message to the public; "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; "the Council" means the Kirkop Local Council; "person" means any individual, any commercial or non-commercial or governmental organisation, as well as any voluntary and non-voluntary organisation; "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, benches, poles, planters, boundary walls, walls, columns, roundabouts, central strips, traffic islands, and any other object which may be included by the Council by means of a resolution. 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 Kirkop locality boundary without the written authorization of the Council. 3.2 The authorization may be granted either 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 further periods one year each by means of a contract. In every case the Council reserves the right to refuse to renew the 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 law or in terms of the contract. 3.5 Upon every authorization granted by the Council according to these Bye-Laws, there shall be paid a fee as indicated in the Schedule: Provided that for the authorization granted by the Council following a public call, the fee due to the Council shall be that offered in the tender document which has been accepted.

3.6 For any authorization granted, the Council may request a deposit of money by way of guarantee.

3.7 Notwithstanding the authorization granted under these Bye-Laws, the person to whom authorization is given is personally responsible to obtain any permit or licence required under any other law. 3.8 The Council may grant authorization 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 a written request to advertise activities or public notices free of charge is received. 3.9 Any person who displays, fixes or places any advertisement on any street furniture within the Kirkop locality boundary without the written approval of the Kirkop Local Council shall be guilty of a contravention. 3.10 Any authorization granted under these Bye-Laws shall be subject, amongst other conditions, to the condition that the advertisement shall be removed within one week from the expiry date of the authorization. In the event of non-compliance, the person responsible for removing such adverts shall be guilty of a contravention. 3.11 If, in the opinion of the Council, any advertisement is in breach of any law or any provision of the contract as indicated in bye-law 3.4, this shall be removed as soon as requested by the Council. In the event of non-compliance, the responsible person shall be guilty of a contravention. 3.12 If, following a request for the removal of an advertisement as indicated in bye-laws 3.10 and 3.11, there is non-compliance, the Council shall have the right to remove the advertisement at the expense of the contractor.