(a) 
Public art is defined as the services of, or work by, a professional artist generally recognized by critics and peers as a professional of serious intent and recognized ability who produces art in any medium or material, including, but not limited to, the visual, literary and media arts. The public art program should encompass the broadest possible range of expression, media, and materials, and shall include but not necessarily be limited to: sculpture, such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; painting, including all media; graphics and multimedia, including printmaking, drawing, and photography; mosaics; crafts in clay, fiber and textiles, wood, metal, plastics, and other materials; mixed media, including any combination of forms; and on-site art spaces or cultural facilities that include gallery/exhibition spaces, resource libraries, visual arts slide registries, performances, artist studio spaces, and/or art education facilities that are open and accessible to the public.
(b) 
The work must be original (if the total project budget is greater than $500,000) and may be permanent, temporary, or functional. Specifically excluded are: super-graphics, signage, or color coding except where these elements are integral parts of the overall concept of the artist commissioned for the project; art objects that are mass produced such as fountains or statuary, unless as part of a project with a budget of $500,000 or less; reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking or other media arts; the architecture of the building or facility, or any portion thereof, including decorative, ornamental, or functional elements, unless designed by an artist commissioned for this design enhancement purpose; and landscape architecture and landscape gardening except where these elements are designed by an artist commissioned for this design enhancement purpose.
(c) 
Public art must be located in a public place. A public place shall mean any area, either indoors or outdoors, on public property or private, that is easily accessible and clearly visible to the public. If located on private property, the area must be open to the general public and readily visible from a public right-of-way or other public property.
(1998 Code, sec. 101.01)
(a) 
Public art shall be included as a part of all town construction projects, except that such art shall not be required to be a part of water and sewer utility construction, or of road and street construction projects.
(b) 
Any existing town-owned building or facility that is remodeled with a construction value equal to or greater than 50% of the replacement cost of the building shall also be subject to the requirements of this article.
(c) 
Required public art must have a monetary value equal to or greater than one percent of the total cost of construction of the project, including engineering, architectural, testing, and other related costs, but excluding land acquisition, surveying, and filing costs. Eligible expenses to satisfy this requirement shall include artists’ design concepts, architect’s fees where collaboration is involved, and [expenses] for the acquisition, purchase, commissioning, fabrication, manufacture, erection, placement, installation, exhibition, repair and restoration of public art.
(d) 
In lieu of acquisition, construction, and/or installation of public art, the town may pay a fee to the public art fund. Said fee shall be equal to or greater than one percent of the total construction cost of the project, as defined in subsection (c) of this section. Any funds so paid shall be kept separate from other municipal funds and may only be used for the acquisition, construction, display, or maintenance of public art as defined in this article, and for project administration, artist-selection-related costs, community education, insurance, curatorial services, identifying plaques, documentation, publicity, and such other purposes as may be deemed appropriate by the town council for the administration of the public art program.
(e) 
The public art fund shall also be authorized to receive grants and gifts received by the town for public art.
(1998 Code, sec. 101.02)
(a) 
A public art committee is hereby established, which shall have the responsibility of administering the town’s public art program. Members of the committee shall not be required to be of any specific vocation, but they must be knowledgeable about visual public art, and also be residents of the town.
(b) 
Membership shall include five persons appointed by the town council. Members’ terms shall be two years, with no maximum number of years or terms. A vacancy on the board shall be filled by the town council as expeditiously as practical after the date of the vacancy. Members appointed shall serve at the will of the council.
(c) 
A chairman shall be appointed by the town council.
(d) 
On a project-by-project basis the public art committee shall select two persons representative of the location where the public artwork is to be displayed to serve as ad hoc nonvoting members of the committee.
(e) 
The committee shall be responsible for creation of a public arts plan, which shall be updated on an annual basis. This plan shall include a prioritized list of public art projects and expenditures for the year, and shall be approved by the town council.
(f) 
The committee shall review proposals for public art on public property, develop policies and procedures, provide for artist selection processes and juries, process the commission and placement of artworks, undertake community outreach and education, recommend budgets, and otherwise advise the town staff, town council, and planning and zoning commission as to appropriateness and suitability.
(g) 
The committee shall conduct periodic surveys of the condition of the public art collection, and make recommendations regarding maintenance and removal of artworks. Each survey should include a report on the condition of all public art, prioritized recommendations for the restoration and/or repair of the art, and estimated costs for that restoration or repair.
(h) 
The committee shall report annually to the town manager and to the town council regarding prior year activities related to the public art program.
(i) 
The committee shall meet a minimum of four times per year.
(j) 
In order to achieve its purpose, the committee shall conduct periodic meetings, all of which shall be open to the public as provided by state law.
(Ordinance 2012-7-3C adopted 7/3/12)
(a) 
Each art project shall be reviewed by a subcommittee, or jury, which shall include at least two members of the public art committee, at least one property owner within the neighborhood in which the project will be built, the department director which shall be served by the project, and the town’s planning director or his or her designee.
(b) 
The jury shall review submittals and proposals, interview artists, etc., as directed by the public art committee.
(c) 
A proposal for installation of public art shall generally include the following: landscape and site plans indicating the location and orientation of the public art and/or the landscaping and architectural treatments integrating the art into the overall project design; a sample, model, photograph, or drawings of the proposed art; material samples and finishes, if appropriate; a resume of the artist if appropriate; photographs of previous work by the artist; a maintenance plan for the art; and any additional information required to ensure an appropriate review.
(d) 
A jury shall issue a recommendation on each project within 45 days of receiving any proposal. The committee shall then have a maximum of 30 additional days to make its final recommendation to the town council.
(1998 Code, sec. 101.04)
In order to provide for ongoing maintenance of public art, the upkeep and maintenance shall be the responsibility of each department having jurisdiction over the associated facility or location. The cost of maintaining public art shall constitute an operating expense of the associated facility or location and shall not be paid for from the public art fund; however, the cost of periodic restoration and/or repair shall constitute an eligible expense of funds from the public art fund. Therefore, projects in need of restoration and/or repair will be considered annually for inclusion and funding in the public art plan.
(1998 Code, sec. 101.05)