Abuja Municipal Area Council
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Control of Advertisement Bye-Law of Abuja Municipal Area Council (AMAC)
(No. 5) 2012 B298

Enabling Law

Pursuant to the provisions of Section 7 and the fourth schedule to the Constitution ofthe Federal Republic of Nigeria 1999, and otherrelevant Sections ofthe Local GovernmentAct, Laws ofthe Federal Capital Territory, Abuja, 2006 and all other Laws enabling it in that behalf, the Abuja Municipal Area Council hereby makes the following Bye-Law :

Control of Advertisement | Prohibition of display advertisement without permit.

(1) As from the commencement of this Bye-Law no person shall display an advertisement within Abuja Municipal Area Council Area without a permit issued by the Area Council.


Issuance of permit.

(2) A permit may be obtained from the Area Council on application as set out in Form A and upon payment ofthe fee prescribed in the First Schedule and depending on the various Categories as contained in the said Schedule to this Bye-Law.

(ii) A permit under this Bye-Law shall be set out in Form B in Second Schedule and shall be signed by the Council Manager on behalf of the Area Council.


Duration & Renewal

(1) Any permit issued shall expire on the 31st December of the year of issuance of the permit.

(ii) Any permit issued under sub-section (1) of Section 1 of the Bye-Law shall be renewed annually on payment of a prescribed fee for the type of advertisement. Form C may be used for this purpose.


Refusal to Grant/ Renewal of Permit

(1) An application made under sub-section (2) of this Bye-Law may be refused upon the grounds set out in Form D.

(2) An application made under sub-section (3) (ii), of this Law may be refused upon any of the grounds listed in Form E or any reasonable grounds.


Temporary Permit

(1) A permit may be obtained on application for temporary display of an advertisement for the purpose of a visit, travels, circus, fair entertainment or anything of a similar nature within the Area Council.

(2) An advertisement mentioned in subsection 5 (i) above shall not exceed one square metre in area and not displayed above four (4) metres from ground level.

(3) No such advertisement shall be displayed earlier than seven (7) days before the first performance of the entertainment or the opening of the circus or fair.

(4) An advertisement for which a permit is granted under sub-section 5 (i) of this Bye-law shall

(a) Not be displayed or sited so as to obstruct, or hinder any road traffic sign or render hazardous the use of a highway, railway, inland water way, metro line signals or airfield;

(b) Be removed on the last day of event for which the permit was granted.


Revocation and Modification of Permit

(5) Without prejudice to the provisions of this Bye-Law, the Area Council may revoke or modify a permit if it appears expedient for it to do so, and may issue a notice as in Form F.


Local Govt's right to reject Obscene Language.

(6) The Area Council reserves the right to reject any obscene language appearing on any advertisement to which a permit is sought.


Enforcement Notice

7. (1) Where it appears to the Area Council that any advertisement has been displayed without a permit, the Area Council may serve on the owner or occupier of the land and also on any other person known to be displaying the advertisement without permit or has displayed it in contravention of conditions, an enforcement notice as set out in Form G as the case may be.

(2) If after a period specified in the enforcement notice, the notice is not complied with, the Area Council may remove the Advertisement at the expense of the person that displayed it.

(3) Notwithstanding the provision of sub-section (8) (i) above, the Area Council shall demolish immediately any advertisement board declared by it to be dangerously displayed.

(4) Where a person on whom an enforcement notice is served under this Bye-Law is aggrieved by the notice he may at any time within the period specified in the notice appeal against the notice to the Area Council which shall:

(a) Withdraw the notice to which the appeal relates if it is satisfied that the advertisement was displayed with a permit or that it is not an advertisement to which this Bye-Law applies or that the conditions of the permit was complied with;

(b) Vary the notice to which the appeal relates if the Area Council is not so satisfied but satisfied that the requirements of the notice exceed what is necessary for restoring the land to its condition before the display; and

(c) Dismiss the appeal where it is satisfied that the notice is validly served. The decision of the Area Council shall be final.


Existing Advertisement

(8) An advertisement displayed prior to this Bye-Law shall continue to be displayed for a period of three months from the commencement of this Bye-Law during which time application shall be made by the owner for a permit and unless a permit is issued the display shall cease at the expiration of the three months.


Application

9. (1) This Bye-Law shall apply to all advertisement displayed within the territorial jurisdiction of the Area Council.

(2) Without prejudice to the provisions of sub-section (10) (i) above this Bye-Law shall not apply to the following:

(a) Any advertisement relating specially to a pending General, Local Government or Bye-Elections;

(b) Any advertisement required to be displayed by any enactment or standing orders of the National, State or Area Council Government;

(c) Any advertisement in the nature of signs for the control, guidance or safety of Traffic, and displayed in accordance with an authorization given by the Secretary or Director responsible for Transport, Federal Road Safety Commission or by an Authorized Area Council or Police Officer.


Offence/Penalty

10.(1) Any person who contravenes the provisions under this Bye-Law shall be guilty of an offence and liable upon conviction to a fine as follows:

(a) If an individual to a fine not exceeding Twenty Thousand Naira (N20,000.00) or a term of imprisonment not exceeding three (3) months or both;

(b) If a Corporate Body to a fine of not less than N50,000.00 (Fifty Thousand Naira).

(2) In the case of a continuing offence, an individual shall be liable to a fine of Nl,000 (One Thousand Naira) for each day during which the offence continues after conviction.


Court with Jurisdiction

11. A Customary Court Grade A or B within the Area Council Area shall have jurisdiction to hear and try offences under this Bye-Law.


Interpretation

12. In this Bye-Law, unless the context otherwise requires:
"Advertisement" means works, letter, model sign, placard, board notice, device or representation whether illuminated or not;

"Existing Advertisement" means any advertisement which is being displayed prior to and at the date this Bye-Law came into force;

"Owner" or "Occupier" " means the person who owns or maintains the display of the advertisement, the owner or occupier of the land on which the advertisement is being displayed and it includes a person whose goods, trade or business is being advertised.


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