[HISTORY: Adopted by the Common Council of the City of Oneonta 4-6-2021 by Ord. No. 2-2021. Amendments noted where applicable.]
The Common Council believes that public art is enriching to
the community, and can positively impact both the local economy and
the quality of life in our City. The purpose of this chapter is to
create a Commission which will facilitate and encourage public art
in the City of Oneonta. The Commission will foster and advance art
and culture in Oneonta, and will promote the City as an arts and cultural
destination. It is the intention of the Common Council, by the establishment
of the Public Arts Commission, to streamline the application and review
process for the installation of public art, and to identify sources
of funding for the installation and maintenance of works. The Commission
will create a strategic arts plan by evaluating spaces and reviewing
proposals for the installation of public art, and shall guide policy
for artistic and cultural growth, when applicable. Ultimately, the
Commission will foster an involved, educated community of artists
and residents who are dedicated to the growth of arts and culture
in our City, and will protect the health, safety and welfare by authorizing
the establishment of procedures to identify, abate and eliminate the
presence of blight upon properties throughout the City.
The provisions of this chapter shall apply to all property in
the City of Oneonta, residential, commercial and otherwise, but shall
not apply to land that is owned by the County of Otsego, the State
of New York, or any public authority.
For purposes of this article, the following words shall have
the following meanings:
The Public Arts Commission of the City of Oneonta.
Either of the following:
All forms of public art that do not constitute a sign as defined
by Article III, Sign Regulations, of the Zoning Code of the City of
Oneonta, and are located within the City right-of-way, on public land
owned by the City of Oneonta, (or on vacant property owned by land
bank.) These include, but are not limited to, the following media:
Paintings of all media, including both portable and permanently
affixed works such as frescoes and murals.
Sculpture of any form and in any material or combination thereof,
including statues, monuments, fountains, arches, structures intended
for ornamentation or commemoration, reliefs, mobiles, kinetic, electronic
and neon sculptures.
Other works of visual art, including inscriptions, stained glass,
fiber and textile works, carvings, mosaics, photographs, drawings,
collages, prints, and crafts in any material such as clay, wood, metal,
glass, stone or plastic.
Artist-designed landscapes and earthworks, including the artistic
placement of natural materials or other functional art objects.
All murals that do not constitute a sign as defined and regulated
by Article III, Sign Regulations, of the Zoning Code of the City of
Oneonta, and are located on premises that do not have a one- or two-family
dwelling.
A.
Establishment.
There shall be established a Public Art Commission to create a Public
Art Master Plan, to approve public art and to perform such other duties
as set forth in this chapter.
B.
Composition.
There shall be seven voting members of the Commission which shall
consist of artists from the field of design, visual arts, architecture
or landscape architecture, as well as members of the public who are
not artists, but are interested in art in some way. The Mayor shall
make all appointments subject to the consent of the Common Council.
The seven voting members of the Commission shall be residents of the
City of Oneonta. The appointment of nonresident members, in like manner
shall be appointed at the discretion of the Mayor, with the approval
of the Common Council.
C.
Term.
Members appointed or reappointed shall hold office for a term of three
years. In making appointments to the Commission, with the concurrence
of the Common Council, the Mayor shall strive to represent a diverse
cross section of the visual arts field and the general community.
During the initial establishment of the Commission, the appointments
for the Commissioners shall be, three for three years, two for two
years, and two for one year, with all successive appointments being
for three years. At the discretion of the Mayor, a council member
may be appointed as a nonvoting liaison.
The members of the Commission shall not receive compensation
for their service on the board.
The Commission shall meet monthly. Additional meetings may be
called at the discretion of the Chair. The regular meeting day and
time shall be established at the first meeting of each year. The City
Clerk shall serve as the Secretary of the Commission and shall keep
all records in relation thereto.
A.
The
Commission shall initiate and develop proposals, receive recommendations,
and solicit contributions for additions to the existing collection
of public art, and for decorative elements in the City's public
spaces.
B.
The
Commission shall review all public art applications received by the
Code Enforcement Office, and its approval shall be necessary prior
to the installation of public art in the City of Oneonta, unless exempted
by the terms of this chapter. The Commission shall establish criteria
for the consistent and equitable assessment of said applications.
C.
The
Commission shall advise the Common Council in decisions concerning
the selection, acquisition and display of public art.
D.
With
the approval of Common Council, the Commission shall create and implement
a Public Art Master Plan, the purpose of which is to enrich the visual
and aesthetic environment of spaces within the City of Oneonta that
are in some way accessible to the public.
E.
The
Commission shall identify and recommend the allocation of available
funding to assist in the creation of approved public art.
F.
The
Commission shall review and advise the City on the installation of
public art owned by the City and whether proposed donations or loans
of public art to the City should be accepted.
A.
Application.
An application for an art installation will be created by the Commission
which shall be maintained by the Code Enforcement Office and which
shall be reviewed and amended as deemed necessary by the Commission.
B.
Approval
or denial of a public art application.
(1)
Upon receipt of a public art application, the Code Enforcement Office
shall coordinate with the Chair to submit the application to the applicable
state and City departments, boards and agencies required for the approval
of the public art installation's proposed site or location. Once
all the required approvals have been obtained, the City Clerk will
forward the application to the Commission. If the proposed site or
location is not approved, the reasons for the denial of the proposed
site or location shall be provided to the applicant in writing. The
applicant has the right to change the proposed site or location of
the public art installation and have the application reconsidered
by the applicable state and City departments, boards and agencies.
No application can be forwarded to the Commission before the proposed
site or location is approved.
(2)
After the application is forwarded to the Commission, the Commission
shall review the application at its next regularly scheduled meeting.
(3)
The Commission shall either approve or deny the application. An application
may only be denied based upon objective criteria that shall be set
forth in the Commission's rules and regulations. If the Commission
denies the application, the Commission shall provide the applicant
with written reasons as to why the application was denied within 30
business days of its decision.
C.
Review
of Commission's decisions. Any person, partnership, corporation,
limited liability company or other entity aggrieved by a decision
of the Commission concerning the approval or denial of a public art
application may apply to the Supreme Court for relief by a proceeding
under Article 78 of the Civil Practice Law and Rules. Such proceeding
shall be governed by the provisions of Article 78 of the Civil Practice
Law and Rules.
The Commission shall from time-to-time report on its activities
to the Mayor's office, and shall prepare an annual report of
its activities and actions to the Mayor and Council.
