Chapter 2.85
PUBLIC ART

Sections:

2.85.010    Intent and purpose.

2.85.020    Administrative provisions.

2.85.030    Compliance with other codes and laws.

2.85.010 Intent and purpose.

A. The overall purpose of this chapter is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the city.

B. This chapter is intended to promote a positive visual display of businesses and structures within the city so as to avoid visual clutter that may adversely impact traffic and pedestrian safety, or be adverse to property values, business opportunities and the city’s overall appearance, and to prevent and abate public nuisances.

C. This chapter is also intended to establish a mechanism for giving suggestions and advice from city planning staff and the city’s arts commission to private parties regarding the construction, location, use and maintenance of all privately sponsored art that is visible from the public right-of-way.

D. This chapter is also intended to ensure compliance with Chapter 18.28 ACC, C-2 Central Business District, Chapter 18.29 ACC, DUC Downtown Urban Center District, and Chapter 18.56 ACC, Signs, without unduly burdening commercial speech. (Ord. 6243 § 1, 2009.)

2.85.020 Administrative provisions.

A. All persons proposing to display artwork, especially wall murals, that will be visible from the public right-of-way are requested and encouraged to contact the city planning department, and requested to provide the department with a high quality representation of the artwork. The planning department shall determine whether the proposed artwork constitutes a sign as defined in Chapter 18.56 ACC, in which case the permitting provisions of Chapter 18.56 ACC shall apply. If the planning department determines that the proposed artwork does not constitute a sign as defined in Chapter 18.56 ACC, then the planning department staff shall promote and encourage following the provisions of this chapter as follows:

1. The proponent is encouraged to consult with the city cultural arts department and the city of Auburn arts commission to ensure that its proposed artwork will not pose problems in being integrated into the artistic fabric of Auburn.

2. The proponent is encouraged to take steps to provide for ongoing maintenance of the artwork, to avoid degradation, and to avoid the artwork from falling into a state of dilapidation and/or becoming a public nuisance.

3. The proponent is encouraged to take steps to provide that any subsequent modification to the artwork is addressed, to ensure continued compliance with the city sign code, and to promote continued appropriate aesthetics.

B. All persons wishing to make a gift of artwork to the city shall consult with the city cultural arts department and the city of Auburn arts commission to seek the city’s acceptance of it. The city of Auburn arts commission will advise the city council on whether the gift is appropriate for the city to own and whether there should be any conditions or requirements applied to such artwork, such as location and maintenance of the artwork, if it is approved for acceptance. The final decision on such recommendations shall be by the City Council. (Ord. 6243 § 1, 2009.)

2.85.030 Compliance with other codes and laws.

Nothing in this chapter authorizes the installation, establishment or use of a sign, mural or artwork that is in violation of city codes or state or federal law. (Ord. 6243 § 1, 2009.)