To regulate all murals and public art installations within the
Township of Irvington visible from the public right-of-way and those
that are visible from adjacent properties to ensure that such murals
and public art installations are appropriate for their respective
uses and appearance on the affected property and surrounding environment
and protective of the public health, safety and general welfare. The
purposes of this chapter are to:
A. Safeguard the public welfare by providing proper maintenance of murals
and public art installations.
B. Safeguard public safety by preventing interferences and distractions
to pedestrians and drivers of motor vehicles.
C. Encourage artistic expression and foster a sense of pride in the
Township.
D. Prohibit murals and other public art installations from engaging
in commercial advertising.
E. Prevent visual expression that may be offensive, obscene, and defamatory
or is derogatory; or constitutes off-premises advertising.
As used in this chapter, the following terms shall have the
meanings given. Unless expressly stated otherwise, any pertinent word
or term not part of this listing but vital to the interpretation of
this chapter shall be construed to have its legal definition, its
meaning as commonly accepted by practitioners, including civil engineers,
surveyors, architects, planners, designers and artists.
ALTERATION
Any change or rearrangement that enlarges or diminishes the
work, or a change in location, excluding normal repairs and maintenance.
COMMERCIAL MESSAGE
A message or symbol that advertises a business conducted,
services rendered, or goods produced or sold.
GRAFFITI
Graffiti and/or an act of graffiti means any drawing, painting
or making of any mark or inscription on public or private real or
personal property, regardless of content, without the prior written
permission of the owner of the property.
MURAL
A hand-produced work of visual art that is tiled, digitally
printed and mounted directly to an exterior wall, a vinyl applique
or painted by hand directly to an exterior wall of a building. This
includes any inscription, painting, illustration, artwork, figure,
urban wall art, marking or design that is marked, etched, scratched,
drawn or painted on any property wall or independent structure within
the Township of Irvington. However, a mural should not include:
A.
Any such painting or illustration requiring a separate foundation
or footing;
B.
Any depiction or contents of a commercial, trademarked, copyrighted,
or other licensed feature;
C.
Any message or advertisement for any individual, group, or entity
(whether or not commercial); or
D.
Any subjects or material of a scandalous, libelous, or indecent
nature as determined by contemporary community standards.
OPERATOR
As detailed in Chapter
460, Property Maintenance, of the Irvington Municipal Code, is when "any person who has charge, care or control of a building or part thereof."
OWNER
A person or entity who owns or operates a premises as detailed
in the Township of Irvington Municipal Code as detailed below.
A.
As detailed in §
1-15 of the Irvington Municipal Code, "owner" as applied to building and land: "includes any part owner, any corporation, joint owner, tenant in partnership, joint tenant and tenant by the entirety of the whole or of a part of such building and land."
B.
"Owner" also includes the definition of "owner" as detailed in Chapter
460, Property Maintenance, of the Irvington Municipal Code as follows. Owner includes: "Owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building."
PROPERTY
Any public property or any private property which is observable
from the public right-of-way or from a public space.
PUBLIC ART
All forms of visual art that do not contain any commercial
message that are located within the Township right-of-way or on public
land or on private property visible from a sidewalk, street or other
right-of-way within the Township of Irvington and which meets the
requirements within this chapter.
An original art mural or public art that meets all of the following
requirements will be permitted upon satisfaction of the applicable
procedures.
A. An application for a mural or public art permit shall be made to
the Department of Economic Development and Grants Oversight on forms
provided for that purpose.
B. Mural may not be mere extensions or enlargements of any existing
sign. No mural or public art shall be erected, placed, altered, relocated
or replaced except in accordance with this section and unless a permit
has been issued. This applies, but is not limited to, all walls, utility
boxes, benches and trash receptacles, streets and sidewalks.
C. All murals and public art installations shall be maintained in good
repair, free from peeling paint or damage due to age, weather, vandalism
or the like. Failure to do so may result in notification of the Code
Enforcement Officer and, if necessary, enforcement action.
D. The mural or public art installation shall remain in place, without
alteration, for a minimum period of one year. "Alterations" include
any change to a permitted mural or art installation, including, but
not limited to, any change to the image(s), materials, colors, or
size of the permitted mural. "Alteration" does not mean any naturally
occurring changes to the mural caused by exposure to the elements
or the passage of time. Minor changes to the permitted items that
result from the maintenance or repair of the mural shall not be considered
an alteration. Minor changes may include slight unintended deviations
from the original image, colors, or materials that occur when the
permitted mural is repaired due to the passage of time, or as a result
of vandalism.
E. No part of a mural shall exceed the height or width of the structure
to which it is tiled, painted or affixed.
F. No mural or public art installation may consist of, or contain, electrical
or mechanical components, or changing images, moving structural elements,
flashing or sequential lights, kinetic art or lighting elements or
automated methods that result in movement, the appearance of movement,
or change of mural image or message.
G. No mural or public art installation may be located within 200 feet
of another mural or public art installation unless it is part of an
approved ensemble.
H. If vandalism to the mural or the public art installation occurs,
it is the responsibility of the property owner or tenant to remove
the graffiti, in consultation with the artist, within 48 hours. The
Township of Irvington reserves the right to remove or fine the property
owner for any unmaintained murals or public art installation.
I. No more than two square feet of the mural may contain the name of
the artist, sponsor and/or product likeness.
Upon the successful review the permit application by the Grants
Committee, the approval will be forward to the full Municipal Council
body for a full vote.
A. The mural or public art installation shall remain in place, without
alteration, for a minimum period of one year. The permit will be valid
for the specific design and one-time production of the mural or public
art installation presented.
B. Any changes to the original specification and design submitted and
approved must be resubmitted for review and determination. This permit
is revocable by the Township of Irvington if it is determined at any
time that the mural being installed does not comply with the information
provided with the application or if any part of the application submitted
was false.
C. Unless a shorter period of time has been established by official
action, this permit expires one year from the date of issuance. If
the work permitted hereunder has not been commenced within 60 days
after the issuance of the permit, the permit will automatically expire
on the 60th day. This permit shall also expire if it is determined
that the work authorized by the permit has been suspended, discontinued
or abandoned for a continuous period of 90 days from the date of issuance
of the permit.
D. Removal of a permitted mural or public art installation. Prior to
the removal of a mural or public art installation, the property owner
must notify the Chief Building Code Inspector at least 30 days prior
to its removal in writing stating the intent to remove the mural or
public art. Any associated materials that were used to affix or secure
the mural to the wall must also be removed at the time. This includes,
but is not limited to, mounting brackets, hardware, caulk or grout,
adhesives and glues. Complete restoration of the surface substrate
is required.
Violations of the provisions of this chapter shall subject the owner and/or violator to a fine as specified in Chapter
460, Property Maintenance. Each day that such a violation continues shall be considered a separate offense.
A. Defacement of property. No person or entity shall place artwork,
mural, graffiti, write, paint or draw any inscription, figure, or
mark of any type on any property listed in Subsection (3) unless the
expressed written permission of the owner or operator of the property
has been obtained and had a permit issued pursuant to this chapter.
Any such action will be considered defacement of property in violation
of this chapter subjecting the actor to penalties and fines as detailed
in this chapter. Additionally, such person will/is required to remove
the mural or artwork by returning the property to the appearance and
condition it was in prior to the installation. Failure to do so will
also subject the actor to penalties and fines under this and other
applicable Township ordinances.
B. Recession of permit approval. The Irvington Municipal Council may
rescind a resolution approving a mural and artwork permit application
under this chapter by any person or entity who installs a mural or
artwork that is different from what was approved by the administration
and municipal body. Additionally, such person will/is required to
remove the mural or artwork by returning the property to the appearance
and condition it was in prior to the installation. Failure to do so
will subject the actor to penalties and fines under this and other
applicable Township ordinances.
Nothing in this chapter shall be interpreted as a waiver, replacement,
or substitute for any installation that requires a construction code
or land use approval under applicable provisions of any statute, ordinance,
rule or regulation.