[HISTORY: Adopted by the Mayor and City Council of the City
of Monroe 12-4-2023 by Ord. No. 23-004. Amendments noted where applicable.]
This chapter shall be known, identified and cited as the "Installed
Public Art Ordinance."
A.
The City of Monroe recognizes the importance of installed works of
art to a vibrant, healthy, and sustainable community. The City strives
to promote and encourage installed art through displays both public
and private.
B.
This chapter establishes guidelines and procedures for the review,
selection, acceptance, donation, placement, deaccession, maintenance,
and safe display of temporary or permanent public installed art on,
in, or a part of City of Monroe assets, property, and rights-of-way
to provide for the opportunity for the increased, sustained, safe,
and appropriate display of public art installations within the City
of Monroe.
C.
This chapter is intended to operate in conjunction with the established
City of Monroe Code of Ordinances, and does not supersede or replace
any ordinance in the City Code.
The objectives of the Installed Public Art Ordinance are as
follows:
A.
To increase the prevalence of installed public art in the City of
Monroe.
B.
To provide uniform and clear guidelines and procedures governing
the review, selection, and approval of installed public art as defined
herein.
C.
To maintain high artistic standards in works of art displayed in
public areas within the City of Monroe.
D.
To ensure the safe and appropriate display of works of installed
public art on, in, or part of City of Monroe assets, property, and
rights-of-way.
E.
To ensure appropriate recognition of artists and donors of works
of installed public art displayed in public areas.
F.
To ensure the proper and perpetual maintenance of publicly displayed
works of installed public art.
As used in this chapter, the following terms shall have the
meanings indicated:
A large design or motif produced or carved into or on the
ground by durable elements of the landscape.
Any works of art or creative artistic expression intended
to be installed on, in, or as a part of public spaces, public assets,
public property, or public rights-of-way or private property licensed
to the City for purposes of display. Forms of installed public art
include:
A picture or pattern produced by arranging together small
colored pieces of hard material, such as stone, tile, or glass.
A painting or other work of art executed directly on or affixed
to a wall.
The art of making three-dimensional representative or abstract
forms, especially by carving stone or wood or by casting metal or
plaster including those mounted to a structure.
A.
All installed public art and associated display materials that are
not a part of a temporary special event approved by the City must
first be approved by the Citizen's Planning Commission on a case-by-case
basis.
B.
Property owner will be required to submit an appropriate permit for
all works meeting the definitions outlined above. A permit shall not
be issued until an installed public art permit application has been
approved and license agreement executed by all parties.
C.
If an installed public art is proposed to represent or contain depictions
of the likeness of an identifiable, living or deceased person, approval
shall be obtained in accordance with the City of Monroe's Policy
and Procedures for the Naming of Public Property as the same may be
amended from time to time.
D.
All installed public art is subject to an approved application and
license agreement executed between the artist, owner, applicant and/or
representative and the City of Monroe (the "License Agreement") for
the duration of the display. The license agreement shall address all
issues of liability, including, but not limited to, general liability
insurance, indemnification, and holding the City harmless from any
and all claims, demands, rights of action for injury or damage to
property which shall be annually renewing for the duration of the
installation together with any other provisions as deemed appropriate
by the City of Monroe.
E.
Projects shall not be initiated until legal requirements are approved
by the City staff and City Council.
A.
Application.
(1)
A fully completed application must be submitted to the Citizen's
Planning Commission by the first day of the preceding month to be
listed on the agenda for the meeting that following month.
(2)
The application shall include:
(a)
Narrative of proposal including concept, media, dimensions,
time frame for completion, site preparation requirements and method
of installation.
(b)
Maintenance and sustainability plan for the duration proposed.
(c)
Drawing, model, photograph or other visual representation of
proposed public art, indicating its height, width and relationship
to desired site, including location.
(d)
Artists' resume and three professional references.
(e)
Project budget detailing all costs associated with the creation,
installation, and maintenance of the installed public art, including
secured private funding for artwork.
(f)
Specific materials to be used in the construction of the work
of art.
(g)
Letter of support signed by the property owner.
B.
Review considerations.
(1)
The installed public art should be safe for the public, and include
any and all features necessary to protect the art and the public as
deemed necessary and approved by the City.
(2)
The installed public art should enhance the cultural and visual aesthetic
of the City.
(3)
The installed public art should be appropriate for the proposed site
and its surroundings, including considerations of architecture, topography,
and physical environment.
(4)
The installed public art should not adversely affect the natural
environment.
(5)
The installed public art should provide public accessibility in compliance
with ADA requirements.
(7)
The installed public art application includes a satisfactory and
feasible maintenance and sustainability plan.
(8)
The installed public art is presented with recognition identifying
the art and artist.
(9)
Project is presented in compliance with City codes, state and federal
regulations, including, but not limited to, the attainment of all
necessary permits, license agreements, and historic district requirements
set forth by the United States Department of the Interior.
(10)
All costs of the project, including, but not limited to, the
cost of design, fabrication, plaques, transportation, installation,
site preparation work, electrical, maintenance, and permits must be
financed by the requesting party.
A.
Applicants will be notified of approved projects by the Director
of Economic and Community Development or their designee.
B.
Applicants and any property owners associated with the application
are required to execute a license agreement as described below incorporating
representations, warranties, and the statements set forth in the installed
public art application and further describing the terms and conditions
of the public art installation as deemed appropriate by the City of
Monroe.
C.
If approved, applicants will be notified of any remaining steps necessary
to complete the project including which City staff to contact.
D.
Approval is not final and no work shall commence until the license
agreement is executed and any required permits are issued.
An applicant aggrieved by a decision of the Citizen's Planning
Commission may appeal that decision to the City Council by filing
a written request for a hearing with the City Manager within 10 days
of the date of denial.
A.
The City maintains the right for deaccession of installed public
art on, in, or part of City of Monroe assets, property, or rights-of-way
or property license to the City for purposes of display pursuant the
Visual Artist Rights Act of 1990. A work of art may be deaccessioned
for the following reasons:
(1)
Destruction, either by deterioration, vandalism, or accident to such
that repairs or restorations are impractical or unfeasible.
(2)
Ongoing maintenance has become impossible or is prohibitively expensive.
(3)
Required changes by the City at the site will destroy the integrity
of the work because of its relationship to the site.
(4)
The authenticity, attribution, or genuineness of the item is determined
to be false or fraudulent.
(5)
Violation of this chapter or any other City Ordinance, state, or
federal law.
(6)
The time frame outlined in the application/license agreement has
expired or has been terminated.
(7)
The project has not been completed during time frame proposed in
application; abandonment.
(8)
The project is deemed to be unsafe or caused the location or surroundings
to be unsafe.
B.
Works of art will ordered for deaccession by the City Manager when
the need to remove the work is immediate in all other instances. Should
a work of art be ordered for deaccession, the City Manager will provide
written notice of 30 days to the property owner.
C.
Within the 30 days, the property owner shall remove the work of art
barring appeal to City Council.
D.
If the property owner fails to remove the work of art, the City reserves
the right to remove the work of art through the Department of Public
Services by request and direction of the City Manager, or their designee.
E.
No person shall molest, hinder or interfere with the Director of
Public Services or their authorized representatives while they are
engaged in carrying out the provisions of this chapter.
F.
The Director of Public Services shall keep an accurate account of
the expenses incurred by the Department with respect to each parcel
of land in carrying out the provisions of this chapter and shall make
a sworn statement of such account and present the same to the Director
of Finance. The Director of Finance shall immediately prepare and
send an invoice to the last known owner, as reflected by the most
current tax roll, for the cost of such work and improvements to said
property in accordance with the statement of the Director of Public
Services. The Director of Finance shall add to the cost, as reported
by the Director of Public Services, the 10% penalty which is provided
for by the City Charter to cover the cost of supervision and billing
expenses. In the event that said invoice is not paid forthwith by
the owner of record, the cost of such payment shall be charged against
the premises and reported to the City Assessor to be levied by them
as a special tax or assessment upon the lot or premises. The special
assessment shall be subject to review, after proper notice is given,
as in all other cases of special assessment provided for by the City
Charter. When such tax is confirmed, it shall be a lien upon the premises
and shall be collected in the same manner as other City taxes, or,
in the alternative, the City may file suit to collect the same.
