Chapter 4.98


4.98.010    Short title.

4.98.020    Purpose.

4.98.030    Definitions.

4.98.040    (Repealed)

4.98.050    (Repealed)

4.98.060    Funds for acquisition of art.

4.98.070    Standards and procedures for selection of art.

4.98.080    Acquisition of art through gifts.

4.98.090    Administrative responsibilities.

4.98.100    Applicability.

4.98.010 Short title.

The ordinance codified in this chapter may be cited as the “Art Program Ordinance.”

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007) § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

4.98.020 Purpose.

The intent of this chapter is to promote and encourage private and public programs to further the development and public awareness of and interest in the arts and cultural properties, to increase employment opportunities in the arts, and to encourage the integration of art into the architecture of county structures.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007) § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

4.98.030 Definitions.

A.    Repealed by Ord. 578 (2019).

B.    “Capital improvements program” means any publicly accessible and visible capital project, projects, or portions of projects exceeding $200,000 and paid for wholly or in part by the county from a source of funding that does not preclude expenditures for art, for the original construction of a new building, and/or new addition to an existing building or structure and excludes the construction or remodeling of any highway, construction shed, sewer or stormwater lines or related facilities, parks, sidewalks, parking facilities, or the remodeling and/or renovation of any building or structure or any portion thereof within Kitsap County.

C.    “County administrator” means the Kitsap County chief administrative officer appointed by the board of commissioners to implement its policies.

D.    “Work of art” means any work of visual art, including but not limited to a drawing, tapestry, weaving, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art including a collage, assemblage, or any combination of the foregoing art media. “Work of art” may also include artist-made or designed building parts including, but not limited to, floor, wall or ceiling treatments, railings, corbels, lintels, beams, benches, or other components that are structural or functional elements of a building, structure, park or other facility. “Work of art” may also include an area or space specifically designed, constructed and managed as a display area for other works of art.

E.    Repealed by Ord. 578 (2019).

F.    “Art program common fund” means the common pool for nonexpended funds that are generated through this chapter.

G.    “Public site” means any property owned by Kitsap County or any property owned by any public agency or municipality within the county which executes an interlocal agreement with the county to place on their property a work of art funded in whole or in part by the Art Program Ordinance.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

*    Code reviser’s note: Reference to the County Administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.

4.98.040 (Repealed)*

*    Editor’s note: Former Section 4.98.040, “Arts board established,” was repealed by § 1 of Ord. 578 (2019). Section 1 of Ord. 393, § 1 of Ord. 287, and § 1 of Ord. 259 were formerly codified herein.

4.98.050 (Repealed)*

*    Editor’s note: Former Section 4.98.050, “Powers and duties of arts board,” was repealed by § 1 of Ord. 578 (2019). Section 1 of Ord. 393 and § 1 of Ord. 259 were formerly codified herein.

4.98.060 Funds for acquisition of art.

A.    Projects in the capital improvement program shall include an amount for works of art equal to one-half of one percent of the total bid amount of the lowest responsive bid for the project or $75,000, whichever is less, for works of art; provided, that such use is permitted with respect to federal and state funds and not precluded by applicable laws. For purposes of this section, the one-half of one percent or $75,000 limit for works of art is generated only from the capital improvements program.

B.    An art program common fund is established. If the percentage amount authorized for a given project under the art program is not expended, or if a surplus is available due to the works of art costing less than the monies withheld from the project for such purpose then the nonexpended amount shall be deposited into the art program common fund for use on projects as approved by the board of commissioners.

C.    Funds generated as described in subsection (A) of this section shall be budgeted as part of the capital improvements program budget. Additional private or public contributions and appropriations for works of art may be added to these funds and shall be deposited in the art program common fund at the discretion of the county. At the request of the donor, such contributions may be earmarked for particular projects.

D.    No more than ten percent of the total amount budgeted for works of art may be expended for the administrative costs of the program.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

4.98.070 Standards and procedures for selection of art.

A.    The work of art may be an integral part of a structure, attached to a structure or detached from the structure or within or outside of it. It may also be located on Kitsap County land where there are not structures.

B.    Any work of art that is chosen must comply with the following standards in addition to any guidelines established by the board of commissioners:

1.    The work of art must be located in a public place with public visibility and impact.

2.    The work of art shall have permanence at least equal to the lifetime of the project and shall be likely to remain a thing of value for this time period.

3.    The work of art shall enhance the environment of the county.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

4.98.080 Acquisition of art through gifts.

In accordance with the following procedures, the county may accept gifts of works of art for display in or on property owned or occupied by the county:

A.    Before accepting a gift of a work of art the board of commissioners will consult with the head of the county department or departments responsible for the premises where such work of art will be displayed and shall obtain its recommendations as to whether such gift of work of art should be accepted.

B.    No gift shall be accepted which will require substantial expenditures for protection from theft or damage, or for maintenance or operation.

C.    Any gift accepted must be offered to the county unconditionally, except that the donor may impose any or all of the following conditions:

1.    Specify the location where the work of art shall be displayed and/or specify reasonable conditions for the display of such work of art;

2.    Specify reasonable conditions as to the care and protection of the work of art, provided such conditions do not require the expenditure of substantial funds in order to comply with them; and

3.    Specify that a sign or placard be placed near the work of art identifying the donor and/or the person or persons or event which such work of art commemorates, or in whose memory such work was donated.

D.    The board of commissioners shall accept a gift of a work of art by passing a resolution which includes issuing a certificate of acceptance to the donor and is filed with the auditor.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

4.98.090 Administrative responsibilities.

A.    The county administrator* shall recommend adequate staffing levels and administrative support for the art program to carry out the intent of this chapter.

B.    The county administrator shall oversee the conservation and maintenance of any works of art which are purchased with art program common funds.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)

*    Code reviser’s note: Reference to the County Administrator also means the Chief Administrative Officer per Kitsap County Resolution No. 169-2013.

4.98.100 Applicability.

This chapter shall not amend any bond questions submitted to the voters or any bond ordinance authorizing revenue bonds.

(Ord. 578 (2019) § 1 (part), 2019: Ord. 393 (2007), § 1 (part), 2007: Ord. 259 (2001) § 1 (part), 2001)