[G.O. No. 2142, 9-3-2019]
The Mayor and Town Council, in their continuing efforts to strengthen and enhance the business community in the Town, have noted that murals can provide an enhancement to the community and the quality of neighborhoods within the Town, provided that they do not cause distraction to motor vehicle operators and are consistent with the character of the neighborhood.
[G.O. No. 2142, 9-3-2019]
As used in this article, the following terms shall have the meanings indicated:
MURAL
A painting or illustration applied directly to a wall of an independent structure within the Town but shall not include:
(a) 
Any such painting or illustration requiring a separate foundation or footing;
(b) 
Any depiction or contents of a commercial, trademarked, copyrighted, or other licensed feature;
(c) 
Any message or advertisement for any individual, group, or entity (whether or not commercial); or
(d) 
Any subjects or material of a scandalous, libelous, or indecent nature as determined by contemporary community standards.
PUBLIC ART
Publicly accessible, original art installation that enriches the Town and evokes meaning. It may include permanent visual art, performances, installations, events and other temporary works, preservation or restoration of unique architectural features, ornamentation or details. It may also include the artist-designed infrastructure and structures themselves. Public art should consider the site, its context and audience. Public art may possess functional as well as aesthetic qualities; it may be integrated into the site or be a discrete work.
STREETSCAPE
The overall arrangement and interaction of signs, lighting, statuary, fountains, facade treatments (including murals), landscaping, walkways, window treatments, and the like in view, primarily, of pedestrians and motorists upon public or semipublic rights-of-way.
[G.O. No. 2142, 9-3-2019]
Any public art or mural to be erected, painted, or otherwise installed within the Town, shall not be erected, painted or installed without first obtaining approval from the Town of Westfield Public Arts Commission and a permit from the Town Clerk for the same. All requirements concerning the establishment, composition and powers of the Public Arts Commission are set forth in § 2-44.21 et seq., of the Town Code.
[G.O. No. 2142, 9-3-2019]
Application for a permit to erect, paint and/or install public art or a mural within the Town shall be made on a form provided by the Town Clerk, or if no such form has been prepared, by a letter, signed by the property owner and the applicant, and filed with the Town Clerk containing or enclosing the following information:
(a) 
The owner of the property where the installation is to be made.
(b) 
The street address and tax lot and block number of the property in question.
(c) 
A description of the subject matter of the mural or other feature, if appropriate.
(d) 
Sketch(es) or rendering(s) showing the appearance of the mural or other installation.
(e) 
A precise description and visual rendering of the location and size of the public art or mural.
(f) 
A general description of the color scheme of the installation.
(g) 
A general description of the points from which the installation may be viewed, with attention to its visibility to motorists and its proximity to intersections.
(h) 
An application fee in the amount of $250.
(i) 
Such other information as the Public Arts Commission may reasonably request.
[G.O. No. 2142, 9-3-2019]
(a) 
Upon the filing of an application, the Town Clerk shall cause the application to be forwarded to the Public Arts Commission for review and consideration. Upon receipt of the public art or mural application, the Public Arts Commission shall schedule a hearing for the purpose of reviewing said application. The Public Arts Commission shall advise the applicant, in writing, at least 14 days prior to the hearing, of the date, time and place of said hearing, and shall ensure that a notice of the hearing is placed in the official newspaper of the Town at least seven, but not more than 14, days prior to the hearing. The applicant shall be required to ensure that written notice is mailed, by certified mail, return receipt requested, at least seven days prior to the hearing to the record owner(s) of the subject property if other than the applicant, as well as to all property owners who own property located within 200 feet of the proposed public art or mural location.
(b) 
At the meeting, the Commission shall allow the applicant to be heard, as well as any other interested parties who wish to address the proposed application. The Public Arts Commission shall consider the application in light of the proposed installation's compatibility with the neighborhood in which it is to be located, its size in relation to surrounding features, whether it is likely to cause a distraction or hazard to pedestrian or vehicular traffic, its compliance with the definitional provisions of this article, its compliance with the design guidelines adopted by the Commission, and its overall aesthetic impact on the neighborhood. The Commission shall also consider the significance of the proposed project's location, the artist's ability to complete the project in a timely manner, and the ability and willingness of the property owner to maintain the installation. The Commission may reject any application that is deemed not in the best interests of the community by not enhancing the residents' quality of life and the Town's commitment to a clean, safe, healthy, and diverse community.
(c) 
In considering the application, the Commission may, in its discretion, seek the opinions of professionals familiar with the subject or field involved, including but not limited to historians, artists, sculptors or similar professionals.
[G.O. No. 2142, 9-3-2019]
The following requirements shall apply to mural construction within the Town, which shall be duly considered by the Public Arts Commission during the review process:
(a) 
No more than two square feet of the mural may contain the name of the artist, sponsor and/or product likeness.
(b) 
Murals may not be mere extensions or enlargements of an existing sign.
(c) 
Murals shall become the property of the property owner following construction.
[G.O. No. 2142, 9-3-2019]
(a) 
Final action on the application shall be made by way of a vote of the Public Arts Commission to issue or deny the permit for the proposed installation, which shall be rendered within 30 days of the submission of a complete application, unless this time frame is extended by consent of the applicant. An approval may be subject to any reasonable conditions deemed appropriate by the Commission.
(b) 
Upon positive action by the Public Arts Commission, the Town Clerk shall promptly issue the permit, with a notation as to any required conditions imposed. Permits shall expire 180 days after the date of issuance. Any approved project not installed within the 180-day time frame shall be required to reapply and obtain a new permit.
[G.O. No. 2142, 9-3-2019]
Any aggrieved party shall have the right to appeal any determination made by the Commission to the Mayor and Town Council within 10 days following the Town Clerk's issuance or denial of the permit. If an appeal is filed, the Clerk shall cause the appeal to be placed on the next conveniently available agenda for the consideration of the Mayor and Town Council.
[G.O. No. 2142, 9-3-2019]
(a) 
Maintenance of the public art or mural shall be the responsibility of the property owner on whose premises the installation is located. However, business owners, artists, sponsors, and other interested parties may reach private arrangements regarding maintenance.
(b) 
All installations shall be maintained by the owner in good condition free from chips, stains, graffiti, defacing, fading paint, and the like. Failure to properly maintain an installation shall subject the property owner to the penalties of this article.
[G.O. No. 2142, 9-3-2019]
Violations of the provisions of this article shall subject the owner and/or violator to a fine as specified in § 35-10.1 et seq., of the Town Code (relating to Exterior Property Maintenance Code violations). Each day that such a violation continues shall be considered a separate offense.