S.L. 363.39 Art. 2Interpretation. Placement of skips or bins on wheels.

In these Bye-Laws, unless the context otherwise requires: "authorised person" means any person holding a permit or his representative and any resident of any street or part thereof who is the only person authorised in accordance with bye-law 3.1;

"bin on wheels" means any recipient on wheels that may be closed by means of a lid, supplied by or under the authority of the Council and placed in a public place within the Mellie]a locality boundary, for the deposit of domestic refuse, but does not include a skip;

"commercial and/or industrial waste or refuse" means any waste, originating from any shops, factories, enterprises, companies and other entities operating in commerce and industry and includes all bulky refuse in general; "Council" means the Mellie]a Local Council; "domestic refuse" means all type of waste not being of a commercial nature but household waste originating from private dwellings including flats or residential homes; "skip" means any open or closed skip supplied by the Council or under its authority in a public place by a person duly authorised by the Council within the Mellie]a locality boundary, and which includes any other recipient of this kind, used for the deposit of commercial and/or industrial waste, but does not include bin on wheels. 3.1 No person, without the authority of the Council, shall have the power to place any skip or bin on wheels in any public place within the Mellie]a locality boundary. 3.2 The Council may, however, authorise in writing any person to place a skip or bin on wheels during such times and at such places and under such terms and conditions as may be stipulated in the written authority by the Council annexed in Schedule A. 3.3 When a written authority is granted, there shall be payable to the Council -3.3.1 in the case of a skip, a fee of one euro and sixteen cents (1.16) per day for every skip; 3.3.2 in the case of a bin on wheels, twenty-three cents (0.23) per day for every bin. 3.4 Any person who contravenes any provision of this bye-law or who fails to comply with any of the conditions stipulated in the written authority, shall be guilty of a contravention. 4.1. A person shall be deemed to be guilty of a contravention if -

4.2 he causes any damage to any skip or bin on wheels or obliterates any markings printed on or affixed thereon; or scribbles or makes any mark on any skip or bin on wheels without the consent of the Council, or of the person to whom authority has been granted to place a skip or bin on wheels under bye-law 3, as the case may require; or 4.3 after using the skip or bin on wheels he leaves its lid open or ajar, or deposits any refuse in such manner as to impede the lid from closing properly or will remain ajar; or 4.4 he uses the skip or bin on wheels for any purpose other than that it is intended for, or deposits any waste or refuse which the skip or bin on wheels is not intended to receive; or 4.5 he deposits any waste or refuse outside, around or near the skip or bin on wheels; or 4.6 he removes or misplaces the skip or bin on wheels from where it is placed by the Council or by any person duly authorised without having obtained authority in writing to do so from the Council; or 4.7 he deposits waste or refuse in a skip or bin on wheels which is not supplied by the Council but placed by a person to whom authority has been granted by the Council in accordance with these Bye-Laws; or 4.8 he deposits in a bin on wheels any domestic refuse which is not contained in a closed bag, of a type and material approved by the Council; or 4.9 he deposits waste or refuse in a skip or bin on wheels other than that for which written authority has been issued by the Council; 4.10 he deposits any waste or refuse whether of a commercial and/or industrial or domestic nature, which waste or refuse has not originated from within the Mellie]a locality boundary.

5.1 Any person who, wholly or partially, engages in or operates a commercial and/or industrial activity within the

Mellie]a locality boundary and whose field of operation falls under one of the establishment categories shown under Column 1 of Schedule B, shall register with the Council in order to be granted authority to deposit commercial and/or industrial waste in the skips supplied by or authorised by the Council in the Mellie]a locality boundary. 5.2 Without prejudice to the provisions of bye-law 5.1, every person in Category 1 of Schedule B can dispose of commercial and/ or industrial waste in a bin on wheels.

5.3 For each registration made under bye-law 5.1 as fee as shown in Column 2 of Schedule B shall be payable to the Council.

5.4 The Council may, for a valid reason given in writing, refuse to register a person under bye-law 5.1.

5.5 The applicant shall only commence to make use of the skip or bin on wheels after the application has been approved by the Council and after he would have received such approval in writing. Should the applicant make use of the skip or bin on wheels prior to the receipt of such approval, he shall be guilty of a contravention.

6.1 Subject to the provisions of bye-laws 6.2 and 6.3, any person who contravenes or fails to comply with any of the provisions of bye-law 4 shall be deemed to have committed a contravention and shall, on conviction, be liable, unless a higher penalty is applicable under any other law -

6.1.1 for a first contravention to a fine (ammenda) of forty-six euro and fifty-nine cents (€46.59), and 6.1.2 for a second or subsequent contravention to a fine (ammenda) of sixty-nine euro and eighty-eight cents (€69.88). 6.2 In the case of a contravention under bye-laws 3 and 5.5, a person shall be liable on conviction to a fine (ammenda) of sixty-nine euro and eighty-eight cents €69.88). 6.3 In the case of a continuing offence, a person shall be liable on conviction to a further fine (ammenda) of eleven euro and sixty-five cents (€11.65) for each day during which the offence continues.

6.4 The imposition of a penalty under this bye-law shall be without prejudice to the right of the Council to sue for civil damages caused by the commission of any contravention under these Bye-Laws.