S.L. 363.224 Art. 9Fees for the use of facilities and equipment. Leasing of equipment. Online system. Data record. Cap. 586. Improper use of facilities or equipment. Penalties.

The applicant shall, on submission of the application, pay a fees as stipulated in the Third Schedule according to the nature of the activity:

Provided that the Council may grant a special concession in the case of activities with a philanthropic purpose or local non-government organisations or if said activity is organised in collaboration with the Local Council.

10.1 The Council may lease any of its equipment or services, provided that such leasing is authorised by any other law in force in Malta.

10.2 The Council may put in place any online system to facilitate leasing of its equipment or services including the facilitation of transferring of payment for such leasing.

11.1 The Council shall keep a data record of such equipment leased, provided this record is kept in compliance with the Data

Protection Act.

12.1 Any person visiting or making use of, or any other person to whom the authority is given by the Council to make use of the facilities within the property shall be held responsible for any damages cause to the facilities or to any of its equipment, or for any other damages sustained by third parties within the facilities during the duration of the authorisation.

12.2 Without prejudice to any of the provisions within these Bye-Laws, if an authorised person makes improper use of the facilities, equipment or breaches any of the terms and conditions stipulated in the authorisation, the Council may withdraw the authorisation and no fees paid shall be reimbursed:

Provided that where a person contravenes any of the provisions of these Bye-Laws, such person shall be guilty of a contravention and shall be liable to a fine (ammenda) of not less than twenty euro (€20) but not exceeding one thousand five hundred euro (€1,500);

12.3 The Council may, in addition to the provisions established in bye-law 12.1 order the person found guilty of a breach to carry out the necessary repairs to the satisfaction of the Council:

Provided that a fine (ammenda) of eleven euro and sixty-five cents (€11.65) may also be imposed for any day during which such repairs are not carried out and the Council may carry out such works at his expense.

12.4 Any breach of conditions or misuse shall be noted by the Council, and it shall be in the Council’s discretion whether authorisation shall be issued in the future to a person who has had this authorisation revoked as provided in bye-law 12.2.

13.1 Every person who is in breach of any of the provisions of these Bye-laws, or who fails to abide by any condition of the authorisation given by virtue of these Bye-Laws, shall be liable to a fine (ammenda) not exceeding sixty-nine euro and eighty-eight cents (€69.88) for such contravention.

13.2 The Council may, in addition to the penalties stipulated in paragraph (1), order the person to carry out the necessary repairs to the satisfaction of the Council. A fine (ammenda) of eleven euro and sixty-five cents (€11.65) may also be imposed for any day during which such repairs are not carried out.

13.3 The Council shall have the right to carry out the repairs at the expense of the guilty person. FIRST SCHEDULE (bye-law 5)

Application for the Use of Facilities

Application No.: .......................................................

Name and Surname of Applicant: ...........................................

Legally Valid Identification Document Number/Passport No.:...............

Position in Organisation (e.g. President, Secretary, etc.): ...........

Name of Organisation (if applicable) ..................................

Official Address:

..................................................................................................... ...............................................................................................................

Tel. No.: .......................................................

Mob. No.: .......................................................

Facility applied for: .......................................................

Days of Activity From ............................. to ............................

Duration (time) From ............................ to ......................

Approx. Expected attendance: ................................

Entrance Fee (if applicable) .......................................................

Measures taken to indemnify the Council (attach documents): ........................................ (eg. Insurance Policy, Bank Guarantee, etc.)

Date .......................................................

Applicant’s Signature .......................................................

FOR OFFICIAL USE

Fee Paid .......................................................

Receipt No: ..................

Date and Time when application is received: .............................

Accepted / Refused (delete as applicable) Date: ........................

Comments by Council (if applicable): ........................................ Signature .......................................................

Official Rubber Stamp:

Designation .......................................................

SECOND SCHEDULE (bye-law 12)

Terms and Conditions for the Authorisation of the Use of the Facilities

The authorisation is valid for the duration as indicated in the application form prescribed in the First Schedule and subject to any further conditions stipulated by the Council on the authorisation form.

The Council has the right to revoke the authorisation at any time for any breach of any of these terms and conditions or any provisions of the Bye-Laws or any other conditions as laid down by the Council on the authorisation form. The Council also has the right to revoke the authorisation if the activity is deemed contrary to public decency or morals.

If the Council revoke the authorisation for any of the reasons mentioned in paragraph 2, the authorised person shall not be refunded the fee paid or any part thereof.

The authorisation is subject to any permit or licence necessary under any other law. It is the responsibility of the applicant to obtain such permit or licence.

The authorised person shall not carry out any activity which is not indicated in the authorisation.

The authorised person shall keep the facility clean at all times during the activity, and ensure that such place remains clean until the expiry of the authorisation.

The authorised person shall ensure that at the end of the authorisation the facility be restored to its original state.

The authorised person shall ensure that no inconvenience or nuisance is caused to the public during the duration of the authorisation.

Any noise shall cease by 11.00pm.

A copy of the authorisation shall be prominently displayed at all times at the entrance to the facility for the information of the public. THIRD SCHEDULE (bye-law 9)

Fees for the Use of Facilities

Payment for the use of the bike sharing system:

€2.50 per hour up to a maximum of four hours

€1.50 for any additional hour

€10.00 for eight hours

In any case the e-bike cannot be used for more than fifteen hours.

Payment for the use of the Ġnien il-Ħaddiem:

€50.00 for a maximum of four hours

€10.00 for hour for any additional hour

Payment for the space in front of the St. Mary Magdalene Chapel:

€300.00 for a maximum of four hours

€50.00 for hour for any additional hour