Berkeley Municipal Code Ch. 6.14 Visual Art in Public Places

For purposes of this chapter the terms listed in this section shall be defined as follows:

A. "Visual art in public places" means any visual work of art displayed for two weeks or more in an open City-owned area, on the exterior of any City-owned facility, in areas designated as public areas, lobbies, or public assembly areas, or on non-city property if the work of art is installed or financed, whether wholly or in part, with city funds or grants procured by the City.

B. "Work of art" is an original work by an artist and includes, but is not limited to, functional art integrated into public improvements, sculpture, monument, mural, painting, drawing, photography, fountain, banner, mosaic, weaving, art glass, multi-media, computer-generated art, electronic and media art, video, earth art, installation art, performance and time based works of visual art, and social practice art.

C. "Permanent installation" means a work of art in a public place intended to remain or remaining for one year or more.

D. "Temporary installation" means a work of art in a public place intended to remain for less than one year.

E. "Qualified consultant" means professional visual artists, educators, scholars, historians, collectors, and environmental designers and planners, whose authorities and skills are known and respected in the community and, whenever feasible, who have demonstrated an interest in, and have participated in, the arts of the City. (Ord. 7400-NS § 1, 2015; Ord. 6487-NS § 1, 1999; Ord. 5630-NS § 1 (part), 1985)

A. A visual arts panel shall be convened by the Civic Arts Commission as a temporary subcommittee of the Civic Arts Commission for each art in public places project. A different visual arts panel shall serve for each art in public places project and shall dissolve after placement of the work of art. The visual arts panel shall include three qualified consultants appointed by the Civic Arts Commission and, when appropriate as determined by the Civic Arts Commission, a representative of affected neighborhoods, the Civic Arts Commission, other appropriate City boards and commissions, and project architects. The duties of a visual arts panel with respect to specific art in public places projects shall be as follows:

1. To devise methods of selecting and commissioning artists with respect to the design, execution, and placement of specific art in public places projects, and pursuant to such methods, to advise the Civic Arts Commission on the selection and commissioning of artists for such projects;

2. To advise the Civic Arts Commission regarding the amounts to be spent on specific art in public places projects;

3. To advise and assist the Civic Arts Commission in obtaining financial assistance for art in public places projects from private, corporate, and governmental sources.

B. Notwithstanding subdivision A, for exhibits that change on a regular periodic basis, the functions of a visual arts panel shall be carried out by the Public Art Committee in consultation with a curator, and no visual arts panel shall be required. In such cases, the Committee’s choice of artworks shall be reported to the Civic Arts Commission at a meeting no less than two weeks prior to the planned installation date. (Ord. 7082-NS § 2, 2009; Ord. 5630-NS § 1 (part), 1985)

In performing its duties with respect to art in public places, a visual arts panel shall give special attention to the following matters:

A. Appropriateness of the design to the functions of the site;

B. Representation of a broad variety of tastes within the community and the provisions of a balanced inventory of art in public places to insure a variety of style, design, and media throughout the community that also will be representative of the eclectic tastes of the community. (Ord. 5630-NS § 1 (part), 1985)

A. Review of permanent and temporary installations: Permanent and temporary installations shall receive the prior review and advice of a visual arts panel. Extensions of time for temporary installations to remain for one year or more may be granted by a visual arts panel. Permanent installations shall not be removed, altered, or changed without the prior review and advice of a visual arts panel and the artist, whenever feasible.

B. Private sites for art in public places: No work of art financed or installed whether wholly or in part with City funds or with grants procured by the City shall be permanently installed on privately owned property without a written agreement between the City and the owner specifying the proprietary interests in the work of art, binding the owner to the general rules for art in public places, specifying that the owner shall assure installation of the work of art in a manner which will protect the work of art and the public and that the work of art will be maintained in good condition, and providing for appropriate insurance and indemnification, as well as any other provisions deemed necessary or desirable by the City Attorney.

C. Consultation with the artist: Installation, maintenance, alteration, refinishing, and moving of art in public places shall be done in consultation with the artist whenever feasible.

D. Inventory of art in public places: The Civic Arts Commission shall maintain a detailed record of all art in public places, including site drawings, photographs, designs, names of artists, and names of architects whenever feasible. (Ord. 5630-NS § 1 (part), 1985)

Recognizing that professional expertise is necessary and desirable in artistic matters, such as the selection of artists for a project, the selection of particular works of art, and the approval of designs and plans for works of art under the visual art in public places program, it is the City’s policy that:

A. Decisions on artistic matters will be made by a visual arts panel, the Public Art Committee, or the Civic Arts Commission, as set forth in this chapter;

B. The City Council will not exercise its independent judgment on artistic matters;

C. The City Council will refer questions, suggestions, requests, complaints and similar items pertaining to visual art in public places to the Civic Arts Commission for review and response. (Ord. 7082-NS § 3, 2009; Ord. 5630-NS § 1 (part), 1985)