Lancaster Municipal Code Art. V Publicly Visible Art on Private Property

As used in this chapter, the following words and phrases have the meanings set forth below:

"Artist" means an individual or team of individual artists whose body of work and professional activities demonstrate serious ongoing commitment to the fine arts. History of professional art exhibitions, auction record, and reputation in the professional art community are some factors that may assist in making a determination that an artist demonstrates such commitment. An applied artist or tradesperson does not constitute an artist as defined herein and for purposes of this chapter. Members of architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by this chapter shall not be considered artists for the purpose of meeting the requirement to provide public art.

"Artwork" or "work of art" means a visual work of art, as distinguished from the performing arts, media art and literary or cultural arts. The works of art may either be permanent or, in some circumstances, temporary, as required by the specific project, and installed in public view. For purposes of this chapter, "artwork" does not include a business-related work, as defined herein.

"Business-related work" means a visual representation of which more than twenty (20) percent of the overall image contains lettering or logo that is related to the business or establishment at which the visual representation is located. Business-related works are subject to the applicable sign permitting and approval provisions set forth in title 17 of the Lancaster Municipal Code.

"City" means the City of Lancaster.

"Code" means the Lancaster Municipal Code.

"Manual" means the art in public places program and manual approved by the city council, and as may be revised from time to time.

"Publicly visible art" means any permanent display of a work of visual art that was specifically designed to be located on private property within the city where it would be accessible to public view. The work of art may include, without limitation, murals, mosaics, sculptures, artist-designed landscape features, streetscape features and earthworks. For purposes of this article, temporary displays of artwork on private property are subject to the procedures and guidelines set forth herein.

(Ord. No. 1057, § 3, 3-26-2019)

A. The city council has approved the art in public places program and the associated manual. The purpose of the program is to provide publicly accessible works of art for the benefit of the city, its citizens and its visitors, and to increase citizens' appreciation of art, improve the quality of life and enhance and identify the Antelope Valley as a unique community for its residents and visitors.

B. General guidelines and criteria regarding publicly visible art, the procedure for application, review, approval, and private property owners' responsibilities concerning publicly visible art are set forth in the art in public places manual, as may be revised from time to time.

(Ord. No. 1057, § 3, 3-26-2019)

A private property owner who wishes to install publicly visible art in the city shall submit an application in accordance with the procedures set forth in the program and manual, and shall tender the requisite fee as established by resolution, as may be amended from time to time.

(Ord. No. 1057, § 3, 3-26-2019)

The city council declares that it is an unlawful for any person to install, erect, maintain or permit the maintenance of publicly visible art in a manner that is in violation of this chapter or the art in public places program and manual. Any such publicly visible art further constitutes a public nuisance subject to abatement in accordance with the procedures set forth in chapter 8.28 of this Code. The procedures for abatement shall not be exclusive and shall not limit or restrict the city from pursuing any other remedies available at law, or from abating or causing abatement of public nuisances in any other manner provided by law.

(Ord. No. 1057, § 3, 3-26-2019)