Sec. 2-10-60. Definition of public art.
Public art shall be defined as a temporary, noncommercial expression of creative skill or imagination in a visual form, in any media, which has been planned and executed with the intention of being staged on public property, a Town park, sidewalk, or street, outside and accessible to all.
Certain standards are included in the definition for the purpose of differentiating the expression from commercial speech that is regulated by the Land Use Code Sign Regulations (Title 18, Article 3, Division 4) and for the purpose of preventing distraction to vehicular and pedestrian traffic and providing certain reasonable safeguards that will protect the quiet enjoyment of adjacent property or property from which such expression is visible. Those standards are as follows:
(a) The expression is not commercial speech or does not comply with the definition of a “sign” as defined in Article 2 of the Land Use Code; and
(b) The size and manner of the expression do not negatively affect the safe and efficient flow of pedestrian and/or vehicular traffic; restrict ingress and egress to any structure; interfere with the operations of neighboring businesses; or prevent the quiet enjoyment of adjacent property or property from which such expression is visible; and
(c) The expression does not include a component that violates the nuisance provisions of Chapter 7 of this Code; and
(d) The expression is not generally accepted as a seasonal or holiday display, political campaign advertisement, yard ornament, furniture, or mass-produced statuary or decoration. (Ord. 1465 § 1, 2018)