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Public Art Policy

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EXECUTIVE ORDER NO. 2023-06

CITY PUBLIC ART POLICY

 

WHEREAS, the City of Staunton (hereinafter “City”) is home to many creative individuals who wish to display the fruits of their talents for public viewing; and 

WHEREAS, the City of Staunton wishes to create a nonpublic forum for the display of works of art; and 

WHEREAS, the City and artists will benefit from the creation of rules and regulations for the display of works of art in and on property owned by the City. 

NOW, THEREFORE, I adopt the following City Public Art Policy:

Purpose: The purpose of this policy is to strengthen the role of the City as a facilitator for the display of art in public spaces. Recognizing that public art offers an aesthetic benefit, it also provides the opportunity to educate, inspire, reduce stress, increase tourism, increase property values and provide economic development opportunities. This policy will govern the display of art on City owned property and within City rights-of-way.

 Goals: This Public Art Policy seeks to achieve the following public policy goals:

to foster the public’s understanding and enjoyment of public art;

to encourage artists to live and to work in the City and to participate in the public presentation of their art in the City; and

to create exciting and attractive public spaces that are used and enjoyed by the City’s residents, workers and visitors.

 

Artwork Subject To This Policy:  Public art covered by this policy shall be art that is visually or physically accessible to the public that has been donated to or acquired by the City for display on City owned property or within City rights-of-way. Public art that is not located on City owned property or within City rights-of-way is not covered by these guidelines; however, the display of art in other locations of the City on privately owned property is encouraged. 

Donation or Acquisition of Public Art:

The proposed donation or acquisition of art for display on City property or within City rights-of-way shall be evaluated on the following criteria: 

  • Availability of an appropriate site
  • Quality of the art
  • The art’s ability to engage the public
  • Durability of the art
  • Whether or not additional infrastructure will be required to display the art
  • Mounting requirements for the art
  • Lighting requirements for the art
  • The cost of installing and maintaining the art
  • The impact the installation of the art will have on the City’s maintenance of its existing adjacent infrastructure
  • Susceptibility of the art to graffiti or vandalism
  • Potential risks to public safety
  • Donor conditions
  • The art must be of a noncommercial nature

 The art that is displayed on City owned property or within the public rights-of-way must be safe, citizen friendly and suitable for all members of the community. When accepting works of art for display on public property or within the public rights-of-way, the City will not accept art it considers to be unsafe, offensive or contrary to community standards including, but not limited to: 

  1. Displays of nudity
  2. Displays of violent or threatening imagery
  3. Displays that promote a sexual theme
  4. Displays that might violate the Establishment Clause of the United States Constitution
  5. Displays that are considered to be hostile to a particular religious group
  6. Displays that might violate copyright/trademark laws
  7. Displays that desecrate the American flag
  8. Displays that are racially offensive
  9. Displays that defame others
  10. Displays that are related to the direct election of candidates 

The final decision on the acceptance and display of art is at the discretion of the City Manager or designee.  A decision of the City Manager or designee on the acquisition and display or art on City owned property or within City rights-of-way is final.  The display of artwork in city rights-of-way or in city property is government speech, and no public forum is created.  

Siting of Public Art: 

Site selection for the display of public art is dependent upon the type of art proposed for display, as well as the appropriateness of the location for a particular piece of art. In approving a location for the display of public art, the City shall consider the size, durability, mounting and lighting requirements to facilitate the placement of the art, and whether or not the presence of the art would constitute a safety hazard or interfere with the City’s infrastructure projects.  

Receipt of Public Art Donation: 

No art shall be accepted by the City for display on City owned property or within the public rights-of-way until the person or group requesting display of artwork has entered into a written agreement with the City donating the art to the City.  A person or group requesting display of artwork may donate art to the City for public display for a specific period of time, for example, art may be donated to the City for 6 months. The artist shall retain all copyrights for the donated art, with reproduction rights allowed to the City for appropriate promotional and educational purposes. 

Display, Removal, Maintenance, and Disposition of Public Art: 

By accepting art for display, the City is not guaranteeing that the art will be displayed for any particular length of time. The City in its sole discretion, reserves the right to remove the art or relocate it to another location, whenever the City decides it is appropriate to do so. 

The City shall have no obligation to repair or replace any publicly displayed art that is damaged, vandalized or stolen. In the event any of the art donated to and displayed by the City is damaged, vandalized, in need of repair, or stolen, the City will give the person or group that donated the artwork an opportunity to repair or replace the art. If the person or group that donated the artwork elects not to repair or replace the art, the City will offer to return the art to the donor(s). 

In the event the City decides to remove donated art from public display, the City Manager or designee shall notify the donor(s) of the City’s intent to remove the art and offer to return it to the donor(s).  If the donor(s) does not wish to reclaim the art, or fails to contact the City Manager or designee within thirty (30) days of notification, the City Manager or designee shall cause the art to be removed and disposed of in a manner approved by the City Manager or his designee. 

Loss Of or Damage to Public Art: 

The City shall not be liable for any damage to or loss of any of the art displayed on City owned property or within the public rights-of-way, regardless of how such damage or loss may occur.  It is expressly agreed and understood that the person or group requesting display of the artwork or that donates art to the City, for display on City owned property or within the public rights-of-way does so at their own risk. 

Administration: 

The administration of this Public Art Policy shall be the sole responsibility of the City Manager or designee.