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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Republic of Latvia

Cabinet
Regulation No.732

Adopted 30 October 2012

Procedures for the Receipt of a Permit for Placing Advertising in Public Places or in Places Facing a Public Place

Issued pursuant to
Section 7, Paragraph 2.2 of the Advertising Law

I. General Provisions

1. This Regulation prescribes the procedures by which a permit of a local government or a local government institution determined thereby shall be received for placing advertising in public places or in places facing a public place.

2. This Regulation shall not apply to:

2.1. pre-election campaign materials and national referendum campaign materials;

2.2. construction signs and construction boards;

2.3. objects for which it is necessary to develop a building design and to receive a building permit in accordance with the laws and regulations governing construction;

2.4. placing of promotional items or information items along the roads.

3. The following terms are used in this Regulation:

3.1. place facing a public place - within the meaning of this Regulation land or a structure, if advertising or promotional item is placed thereon and if it is facing a public place;

3.2. sign - advertising or promotional item placed on such immovable property (land parcel or structure) in which a State or local government institution or private natural person or legal person is located, which directly performs economic activities, and the relevant advertising or promotional item may contain information regarding the name, type of activity, working hours, products for sale or services provided and contact information (also website address) of the private natural person or legal person;

3.3. mobile advertising - advertising in motion on constructions specifically prepared or used for placing of advertising, which are attached to or on a vehicle, and advertising on a sign carried by a person, a transparent and similar ancillary aid, as well as advertising on a passenger public transport vehicle;

3.4. promotional item - an item or construction of any form or any type with or without contact with the ground, which is used or specifically created for placing advertising in a public place or in a place facing a public place;

3.5. network advertising - a system of at least three promotional items with or without contact with the ground, the placing of which in public places or places facing a public place is performed by a private natural person or legal person as an economic activity.

4. A person who wishes to place a sign, mobile advertising, promotional item with or without contact with the ground, network advertising, as well as other advertising not referred to in this Regulation (for example, light projection, poster, placard, notice) (hereinafter - advertising or promotional item) in a public place or place facing a public place, shall submit draft advertising or promotional item to the local government for co-ordination.

5. The draft advertising or promotional item referred to in Paragraph 4 of this Regulation shall consist of:

5.1. a submission in which the following information is indicated:

5.1.1. information regarding the advertiser and the distributor of advertising: the given name, surname, personal identity number, telephone number, electronic mail address (for a natural person), name (firm name), registration number, telephone number, electronic mail address (for a legal person);

5.1.2. the bank details in order to prepare a payment notice regarding the local government fee (if such is provided for in the binding regulations of the local government);

5.1.3. the address of placing the advertising or promotional item (except mobile advertising);

5.1.4. the time of placing the advertising or promotional item (except mobile advertising);

5.2. visual sketches or photo montages of advertising or promotional items in colour (in two copies if submitted in person or sent by mail), indicating the dimensions and scale (for mobile advertising, the location of placement instead of the scale shall be indicated);

5.3. the characterisation of additional effects (for example, lighting, sound effects), if such are planned;

5.4. other information or documents provided for in this Regulation.

6. Draft advertising or promotional item need not be submitted to the local government for co-ordination, if:

6.1. the advertising is placed in indoor premises of a building and permanent trading places, as well as in other confined areas which are accessible to consumers regardless of the type of property, and the location of placing the relevant advertising within the meaning of this Regulation is not considered to be a place facing a public place;

6.2. the advertising is placed in the territory of ports, bus stations, rail stations and airports and the location of placing the relevant advertising within the meaning of this Regulation is not considered to be a place facing a public place;

6.3. the advertising is placed on a passenger public transport vehicle which travels along various administrative territories, a passenger ship or an aircraft, as well as on passenger and cargo trains;

6.4. the advertising is painted or glued onto a vehicle belonging to a private person and the relevant advertising is not considered to be mobile advertising in accordance with the conditions referred to in Sub-paragraph 3.3 of this Regulation;

6.5. the advertising regarding the use, lease or sale of a building or premises in windows or display windows of a building shall be placed by the owner, lessor or lessee of the relevant building;

6.6. the advertising is placed on the inside or outside of a display window pane without occupying more than 25% of the pane, or in a showcase, and it may contain information regarding the nature of economic activities performed by the relevant institution or private individual, the working hours, products for sale or services provided thereby;

6.7. information signs (for example "Smoking prohibited", stickers regarding the use of the relevant payment cards, street name and number signs) are placed;

6.8. a sign which is not a promotional item with contact with the ground, mobile advertising, advertising not referred to in this Regulation, is placed outside a populated area, except the following cases:

6.8.1. if it is planned to place the advertising or promotional item on a State protected cultural monument - on a structure, in the territory or protection zone of a State protected cultural monument;

6.8.2. if it is planned to place the advertising or promotional item onto a local government protected cultural and historical object;

6.8.3. if it is planned to place the advertising or promotional item in specially protected natural territories.

7. A local government shall examine the draft advertising or promotional item and take one of the following decisions within seven working days (within 10 working days if the local government requires the co-ordination of the State Inspection for Heritage Protection):

7.1. to issue a permit for placing advertising or promotional item (with or without conditions);

7.2. to refuse to issue a permit for placing advertising or promotional item.

8. A permit for placing advertising or promotional item shall certify the right of a person to place and use advertising or promotional item in the territory of the particular local government. If a permit to place advertising or promotional item is issued with conditions, a person is entitled to place and use advertising or promotional item only after implementation of the relevant conditions.

9. If an advertiser wishes to continue the use of the advertising or promotional item after expiry of the term of validity of the permit for placing advertising, in order to receive a new permit, the advertiser or distributor of advertising shall submit an appropriate submission to the local government within seven working days before expiry of the permit for placing advertising or promotional item. The planned period for placing the advertising or promotional item and the date of issue and the number of the current permit for placing advertising or promotional item shall be indicated in the submission, as well as a current photograph of the advertising or promotional item shall be appended.

10. The local government shall indicate the following information in the permit for placing advertising or promotional item:

10.1. the name and address of the issuer of the permit;

10.2. the name of the permit (advertising or promotional item);

10.3. the date of issue and number of the permit;

10.4. the type of advertising to be placed;

10.5. a note whether the advertising to be placed is an item subject to a local government fee;

10.6. the given name, surname and personal identity number of the advertiser (for a natural person) or the name (firm name) and registration number (for a legal person);

10.7. the address of placing (except for mobile advertising);

10.8. the characterisation of additional effects (for example, lighting, sound effects), if planned;

10.9. the term of validity of the permit (except for a sign);

10.10. the position, given name, surname and signature of the responsible official, a place for a seal and the date (the document details "signature", "place for a seal" and "date" shall not be completed if the permit is issued in the form of an electronic document in conformity with the laws and regulations regarding the drawing up of electronic documents).

11. A visual sketch or photo montage of the advertising or promotional item in colour shall be appended in the appendix to the permit for placing advertising or promotional item.

12. The local government may include the following conditions restricting the operation of the permit in a permit for placing advertising or promotional item:

12.1. a temporary period of operation;

12.2. an obligation of the advertiser to submit a confirmation to the local government regarding placing of the advertising or promotional item (for example, a photograph of the placed sign);

12.3. an obligation of the advertiser, prior to placing of the advertising or promotional item, to submit a confirmation of a certified building engineer to the local government, if the advertising or promotional item may have an adverse effect on a structure in the ownership of the State or local government on which it is to be placed, or may have an adverse effect on the purpose of use of the structure, as well as endanger human safety;

12.4. to rectify other deficiencies (for example, spelling mistakes) prior to placing of the advertising or promotional item and an obligation of the advertiser to submit a confirmation to the local government regarding the rectification of the deficiencies;

12.5. a deadline for implementation of the conditions.

13. A person may submit draft advertising or promotional item and, where necessary, other specified co-ordination documents to the local government in printed form in person, by mail or electronically in compliance with the laws and regulations regarding the circulation of electronic documents.

14. If an advertiser or distributor of advertising submits advertising or promotional item to the local government electronically and co-ordination documents approved by signature of other persons are to be appended thereto, the relevant persons shall sign them with a secure electronic signature and time stamp. If co-ordination documents are only available in printed form, the advertiser or distributor of advertising is entitled to append such co-ordination in scanned form as informative material. If the local government has reason to doubt the genuineness of the scanned information, it is entitled to request that the advertiser or distributor of advertising presents the original document.

II. Co-ordination of the Placing of a Sign

15. A person who wishes to place a sign shall submit the following documents to the local government in addition to the documents referred to in Paragraph 5 of this Regulation:

15.1. a written certification of the advertiser that a written consent of the owner, possessor or authorised person of a structure or land has been received for placing of the sign if it is intended to place the sign on an immovable property belonging to other persons;

15.2. the connection design and a co-ordination with the holder of the relevant engineering communications, if it is necessary to connect the object to electricity supply networks or other engineering communications, as well as with other holders of engineering communications and third persons whose ownership rights are being affected.

16. The permit for placing a sign shall be issued for the time period during which the person who has received the permit is performing economic activity in the place of placing the relevant sign.

17. If the certification referred to in Sub-paragraph 15.1 of this Regulation has been submitted to the local government and if the graphic design of the relevant sign is changed, the advertiser need not resubmit the certification to the local government.

18. During the time period of placing a sign, the permit for placing a sign, or a copy thereof, together with the appendix shall be located in the place of the performance of the economic activity where the sign is placed.

III. Co-ordination of Placing Mobile Advertising

19. In addition to the information provided for in the submission referred to in Sub-paragraph 5.1 of this Regulation, a person who wishes to place mobile advertising in a local government shall indicate the following information:

19.1. the number of advertisings placed;

19.2. the State registration number of the vehicle or a specific identification number specified in the binding regulations of the local government for the electric transport if it is planned to place the advertising on a passenger public transport vehicle;

19.3. the State registration number of the trailer (semi-trailer) of the vehicle if it is planned to place the advertising on a trailer (semi-trailer).

20. A permit for placing mobile advertising shall be issued for one year, if a person who wishes to place mobile advertising has not indicated a shorter period of placing in his or her submission to the local government.

21. During the time period of placing mobile advertising the permit for placing mobile advertising, or a copy thereof, shall be with the driver of the vehicle (except a passenger public transport vehicle) or the person who is transporting the advertising.

IV. Co-ordination of the Placing for a Promotional Item Without Contact With the Ground

22. A person who wishes to place a promotional item without contact with the ground shall submit the following documents to the local government, in addition to the documents referred to in Paragraph 5 of this Regulation:

22.1. a written certification of the advertiser that a written consent of the owner, possessor or authorised person of a structure or land has been received for placing of the item if it is intended to place the promotional item on an immovable property belonging to other persons;

22.2. a visual sketch or photo montage of the advertising to be placed on an item in colour (in two copies if being submitted in person or sent by mail), if it is planned to place advertising simultaneously with the placing of a promotional item.

23. A permit for placing a promotional item without contact with the ground shall be issued for five years unless the person who wishes to place a promotional item without contact with the ground has indicated a shorter time period of placing in his or her submission to the local government.

V. Co-ordination of the Placing of a Promotional Item with Contact with the Ground

24. In addition to the information provided for in the submission referred to in Paragraph 5 of this Regulation, a person who wishes to place a promotional item with contact with the ground shall indicate the cadastre number of the land parcel, as well as submit the following documents:

24.1. the connection project and co-ordination with the holder of the relevant engineering communications, if it is necessary to connect the object to electricity supply networks or other engineering communications, as well as with other holders of engineering communications and third persons whose ownership rights are concerned;

24.2. a description of the finishing materials and colour solutions;

24.3. a visual sketch or photo montage of the advertising to be placed on an item in colour (in two copies if being submitted in person or sent by mail), if it is planned to place advertising simultaneously with the placing of an item;

24.4. a plan of the layout of the unit of land prepared in accordance with a specific procedure, on which the site of the item installation is depicted;

24.5. a written consent of the land owner, possessor or authorised person thereof for the placing of the item, if it is intended to place it on an immovable property belonging to other persons.

25. A permit for placing a promotional item with contact with the ground shall be issued for five years unless the person who wishes to place a promotional item with contact with the ground has indicated a shorter time period of placing in his or her submission to the local government.

VI. Co-ordination of the Placing of Advertising not Referred to in this Regulation

26. In addition to the documents referred to in Paragraph 5 of this Regulation, a person who wishes to place advertising not referred to in this Regulation shall submit a written certification to the advertiser that a written consent of the owner, possessor or authorised person of a structure or land has been received for the placing of the advertising if it is intended to place it on an immovable property belonging to other persons.

27. A permit for placing advertising not referred to in this Regulation shall be issued for one year unless the person who wishes to place the advertising has indicated a shorter time period of placing in his or her submission to the local government.

28. A local government is entitled to place advertising posts and stands in the administrative territory thereof. The local government shall lay down the procedures for the use of advertising posts and stands in the binding regulations thereof.

29. A person who wishes to place a poster on an advertising post or stand belonging to a local government in the administrative territory of the local government, shall submit a relevant submission to the local government indicating the following information therein:

29.1. the information referred to in Sub-paragraph 5.1 of this Regulation;

29.2. the size of the poster;

29.3. the number of the posters to be placed.

30. If an appropriate local government fee is anticipated in the binding regulations of the local government, the posters shall be placed after payment of the relevant local government fee.

VII. Conditions for Placing and Co-ordination of Placing of Network Advertising

31. A person who wishes to place network advertising in the administrative territory of a local government:

31.1. shall co-ordinate the placing of network advertising with the local government in accordance with the procedures laid down in this Regulation;

31.2. may enter into a contract for placing network advertising with the local government, in which the procedures for payment of the local government fees, the procedures for informing regarding the advertising placed, the term of validity of the contract, the conditions for termination of the contract, including unilateral right to withdraw from the contract, the procedures for the settlement of disputes, as well as other conditions which are not in contradiction with laws and regulations shall be determined.

32. A contract for placing network advertising shall be entered into for a time period of up to 12 years.

VIII. Co-ordination of Changes in the Graphic Design of Advertising or Promotional Item

33. A person who wishes to change the co-ordinated graphic design of advertising or promotional item shall submit the following to the local government:

33.1. a submission in which the following information is indicated:

33.1.1. the information referred to in Sub-paragraph 5.1 of this Regulation;

33.1.2. the date and number of the permit for placing advertising or promotional item;

33.2. a graphic design sketch or photo montage in colour (in two copies if being submitted in person or being sent by mail);

33.3. the characterisation of additional effects (for example, lighting, sound effects), if planned.

34. The local government shall examine the submitted documents and take one of the following decisions within seven working days:

34.1. on permission to make the amendments to the permit for placing advertising or promotional item in connection with the change in the graphic design of the advertising or promotional item;

34.2. on refusal to allow the making of amendments to the permit for placing advertising or promotional item in connection with the change in the graphic design of the advertising or promotional item.

35. The decision of the local government on permission to make amendments to the permit for placing advertising or promotional item in connection with changes in the graphic design of the advertising or promotional item shall be certified by the right to change the graphic design of the advertising or promotional item.

36. The decision of the local government on permission to make amendments to the permit for placing advertising or promotional item in connection with changes in the graphic design of the advertising or promotional item shall not affect other conditions of the permit for placing advertising or promotional item.

37. The permit for changes in the graphic design of advertising or promotional item referred to in Sub-paragraph 34.1 of this Regulation shall be issued for the remaining time period specified in the relevant permit for placing advertising or promotional item.

38. Changes in the graphic design of network advertising need not be co-ordinated with the local government and the local government shall be informed regarding changes in the graphic design of such advertising in accordance with the procedures laid down in the contract referred to in Sub-paragraph 31.2 of this Regulation.

IX. Co-ordination with the State Inspection for Heritage Protection for Placing Advertising or Promotional Item

39. Co-ordination of the State Inspection for Heritage Protection shall be required for placing advertising or promotional item on a State protected cultural monument, if the advertising or promotional item is being placed for a time period exceeding three months, as well as if new attachment constructions are being created.

40. The co-ordination of the State Inspection for Heritage Protection for placing advertising or promotional item in the territory of a State protected cultural monument shall not be required if it is specified in the binding regulations of the local government that the placing of advertising or promotional item in the territory of a State protected cultural monument is permissible in such a way that its location and type does not detract from the visual impression of the State protected cultural monument, does not alter the substance of the cultural monument being protected and does not damage the cultural and historical environment, as well as the overall value of the atmosphere created.

41. The co-ordination of the State Inspection for Heritage Protection for placing advertising or promotional item in the protection zone of a State protected cultural monument shall not be required if it is specified in the binding regulations of the local government that the placing of advertising or promotional item in the protection zone of a State protected cultural monument is permissible in such a way that its location and type does not detract from the visual impression of the State protected cultural monument and does not reduce its cultural and historical value.

42. Upon request of the local government the State Inspection for Heritage Protection shall provide an advisory opinion on placing of advertising or promotional item in the territory or protection zone of a State protected cultural monument.

43. The local government shall request the co-ordination of the State Inspection for Heritage Protection for placing of advertising or promotional item and receive it electronically using the secure electronic signature. Upon receipt of a relevant request the State Inspection for Heritage Protection shall evaluate the visual sketch or photo montage of the advertising or promotional item, the characterisation of the additional effects, if such are provided for, as well as the connection project of the engineering communications, where necessary, take a decision within three working days on co-ordination of the placing of advertising or promotional item or refusal to co-ordinate the placing of advertising or promotional item.

X. Supervision and Control

44. The supervision and control of this Regulation shall be implemented by the local government and other supervisory and control authorities according to the competence thereof.

45. The local government is entitled to lay down the procedures by which the supervision and control of the placing of advertising or promotional item shall be performed.

46. The decisions of the local government provided for in this Regulation may be contested and appealed in accordance with the procedures laid down in the Administrative Procedure Law.

XI. Closing Provisions

47. The local government shall ensure the conformity of the binding regulations of the local government with this Regulation within six months after coming into force of this Regulation.

48. Until 1 July 2014 the State Regional Development Agency shall create a special online form on its website (www.latvija.lv) for the co-ordination of advertising or promotional item with the local government.

49. Until 1 January 2015 the local government shall ensure the co-ordination of advertising or promotional item in the form of an electronic service, using the online form referred to in Paragraph 48 of this Regulation or another form chosen by the local government.

50. The permits and co-ordinations issued by the local government that have been issued prior to the date of the coming into force of this Regulation shall be valid until the expiry of the term of validity indicated therein.

Prime Minister V. Dombrovskis

 


Translation © 2013 Valsts valodas centrs (State Language Centre)

 
Document information
Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 732Adoption: 30.10.2012.Entry into force: 02.11.2012.Publication: Latvijas Vēstnesis, 173, 01.11.2012. OP number: 2012/173.8
Language:
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