[Adopted 9-24-2014 by Ord. No. 1741-2014]
MURAL
Any inscription, artwork, figure, wall mural, marking or design that is marked, etched, scratched, drawn or painted on any property as defined herein.
PROPERTY
Any public property or any private property which is observable from the public right-of-way or from a public space.
No person shall place artwork, mural, graffiti, write, paint or draw any inscription, figure, or mark of any type or any property as defined herein unless the express written permission of the property owner has been obtained and a permit from the City Clerk's office has been issued as provided herein.
A. 
Any person, firm, corporation or association desiring to place on any property an inscription, figure, artwork or mark of any type shall first obtain a permit through the Arts Council of Perth Amboy. Applications for permit issued under this section shall include the following information:
(1) 
Name and address, phone number of the creator of the artwork or mural, and a written signed statement from the owner to the Arts Council granting permission.
(2) 
Name and address and phone number of the owner and the person in possession of the premises where the artwork is located or to be located.
(3) 
Clear and legible drawings with description definitely showing location of the mural which is the subject of the permit and all other existing artwork whose construction requires permits, when such artworks are on the same premises.
(4) 
Drawings showing the dimensions, construction, supports, sizes, foundation, electrical wiring and components, materials of the mural and method of attachment and character of structure members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the Building Code, as amended. If required by the Arts Council of Perth Amboy, engineering data shall be supplied on plans submitted certified by a duly licensed structural engineer. All submissions must be dated and with revision number if applicable.
(5) 
A maintenance proposal must be provided and signed by the property owner.
(6) 
Review by Arts Council. The Arts Council of Perth Amboy shall review an application for mural permit. A completed application that meets the Art Council's technical and aesthetic standards will be submitted to the City Council with a recommendation that it adopt a resolution granting a permit. The Arts Council will maintain files of all applications. If a favorable recommendation is received and a resolution is adopted granting a permit, the original of those documents will be maintained in the office of the Municipal Clerk.
(7) 
Approval. Approval for the commencement of construction of a mural by the Arts Council of Perth Amboy is granted one (1) year for public property and two (2) years for private property. The permit will be valid for the specific design and one (1) time production of the mural presented. The permit is granted for an indefinite period of time provided no changes are made to the original image presented to the Arts Council of Perth Amboy. Any changes must be submitted to the Arts Council of Perth Amboy, for review and determination as to whether the changes require approval from the Arts Council of Perth Amboy. This permit is revocable by the Arts Council if it is determined at any time that the mural being installed does not comply with the information provided with the application.
(8) 
Duration of permit. Unless a shorter period has been established by official action, this permit expires two (2) years after issuance if the approved mural has not been installed, or one hundred eighty (180) days from issuance if the work permitted hereunder has not been commenced. This permit shall also expire if it is determined the work authorized by the permit has been suspended, discontinued or abandoned for a continuous period of one hundred eighty (180) days.
(9) 
Appeal. An applicant whose completed application has not been recommended by the Arts Council under this section may appeal to the Perth Amboy City Council.
It shall be the responsibility of the owner of property upon which a mural is placed to maintain the appearance of the mural. A mural that is permitted to remain in a condition of disrepair shall constitute a public nuisance as defined in the Municipal Code.
Any person who violates any provision of this Article shall be subject to the penalties set forth in Section 250-8 of the Code.