City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Buffalo as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and other open spaces — See Ch. 309.
[Derived from Sec. 349-A of Ch. VI of the Charter and Ordinances, 1974]
No statue or monument owned, possessed or controlled by the City may be removed, relocated or installed without first obtaining the permission of the Commissioner of Public Works and the Common Council. Upon passage of a resolution of the Common Council, the Commissioner of Public Works shall remove, relocate or install such statues or monuments as the Council may direct.
[Adopted 7-27-1999, effective 8-9-1999]
The City of Buffalo accepts a responsibility for expanding its citizens' experience with visual art. Such art has enabled people in all societies to better understand their communities and individual lives. Artists capable of creating art for public places must be encouraged and Buffalo's standing as a regional leader in public art enhanced. Other cities around the country, including Miami, Philadelphia, Denver and Seattle, have created programs which greatly enhance their urban environments by requiring that a portion of public money used for capital projects be devoted to public art. The artwork in Buffalo's Metrorail Stations is an example of how well-planned art components of public projects can improve the way residents and visitors to Buffalo experience the City. A policy is therefore established to direct the inclusion of works of art in public projects in the City.
[Amended 5-24-2016]
A. 
The Art in Public Places Program shall apply to all capital improvement projects as defined below, including multiphase projects on a single project site, whose budgeted cost of construction and design for a single project or for the total of such multiphase projects is equal to or greater than $1,000,000. An amount equal to 1% of the total budgeted construction and design cost of the capital improvement project shall be included in the budget for the planning, design, construction, repair and maintenance of works of art created pursuant to this article, and allocated to the Art in Public Places Program.
B. 
Upon learning that the cost of a capital improvement project is equal to or great than $1,000,000, the Department of Public Works shall provide notice to the Executive Director of the Arts Commission that the Art in Public Places Program applies to said program.
The requirements of § 409-3 may be waived by resolution of the Common Council when and if it appears that a project covered thereunder is not appropriate for application of the above requirements.
As used in this article, the following terms shall have the meanings indicated:
CAPITAL IMPROVEMENT PROJECT
Any capital project paid for wholly or in part by the City of Buffalo to construct or remodel any building, decorative or commemorative structure, park, plaza, bridge, sidewalk, pedestrian mall, parking facility or any portion thereof within the limits of the City.
For each capital improvement project there shall be created an ad hoc Art in Public Places Committee, which shall have the responsibility for the selection and placement of works of art under this program for that project. The Committee shall consist of an odd number of members, not less than five and not more than 11, appointed by the Buffalo Arts Commission, one of which shall be appointed as the Chairperson of the Committee. Each member shall be a professional in the fields of art, architecture, art history or art conservation and be knowledgeable about public art, but may not be a seller of, or work for a seller of, public art.
To carry out its responsibilities hereunder for the selection of works of art, the Committee shall follow rules and regulations promulgated by the Buffalo Arts Commission and approved by the Common Council within six months of the effective date hereof.
Works of art selected pursuant to the provisions of this article may be placed on or about any Capital Improvement Project or other City-owned, -leased or -rented property. They may be attached or detached within or about such property and may be either temporary or permanent. The Committee shall authorize placement of works of art, and the City officers responsible for the design and construction of such projects shall make appropriate space available for the placement of works of art. Notwithstanding the foregoing, final placement of all works of art shall be subject to any necessary conditions as set by the Commissioner of Public Works.
This article shall become effective on September 1, 1999.