As used in this Subchapter, the following definitions shall apply:
ADMINISTRATIVE FEES. Include art consultant, conservator, legal fees, travel and out-of-pocket expenses.
ART IN PUBLIC PLACES PROGRAM ALLOCATION (also referred to as APPP ALLOCATION). The percentage of the construction costs which are set aside for the City's Art in Public Places Program.
ARTWORK. Includes but is not limited to paintings, drawings, murals in any media, stained glass, statues, bas relief or other sculptures, and any creation under “new genres” as defined herein; environmental artworks or public spaces; monuments, fountains, arches or other structures of a permanent or temporary character intended for ornament or commemoration; integrated and functional architectural, video and other media-based elements designed by a qualified artist. For projects which involve no structures, artwork may include a combination of landscape design, natural and manufactured materials including but not limited to rocks, fountains, reflecting pools, sculptures, screens, benches, and other types of street furniture, provided they have been designed by a qualified artist.
COMMUNITY DEVELOPMENT DIRECTOR. The Community Development Director of the City or his or her designee.
CONSERVATION. Encompasses actions taken toward the long-term preservation of cultural property and includes examination, documentation, treatment and preventative care, supported by research and education. Restoration is a type of conservation treatment and specifically refers to an attempt to bring cultural property closer to its original appearance. Stabilization, also a type of conservation, refers to an attempt to maintain the integrity of cultural property and to only minimize deterioration.
CULTURAL AFFAIRS COMMISSION. The Commission established in 2001 pursuant to § 3.03.400 of this Code. Unless otherwise specified, any reference to “Commission” in this Subchapter shall mean the Cultural Affairs Commission.
DE-ACCESSION. Refers to the process of permanently removing artwork acquired through the Art in Public Places Program as outlined in this Subchapter.
DESIGN FEES. Include, but are not limited to, those fees which are paid to an artist, architect, structural engineer or an appropriate party for the development of a design concept and the preparation of construction drawings. Design fees are separate and apart from the cost of the fabrication and installation of an artwork.
FREELY ACCESSIBLE. The artwork is accessible to the public for viewing, in its entirety and in a direct line of sight without hindrances or obstacles, for a period often (10) hours per day, seven (7) days per week.
NEW GENRES. Include, but are not limited to, sculpture, sound installation, video, film, audio, digital, hybrid and emerging art forms. These works may be temporary or permanent in nature.
NON-PROFIT. Those entities deemed to be exempt under Section 501(c)(3) of the Internal Revenue Service Code.
PERFORMING ARTS. Performances presented by professional or amateur performers, including theater performance (any form of dramatic presentation, spoken or silent); musical theater/opera (any dramatic performance of which music is an integral part); dance (any form of rhythmical movement); music or concert (any musical performance with live musicians and/or singers).
PERMANENT INSTALLATION. Artwork designed and fabricated to remain installed for twenty (20) or more years.
PROJECT (also referred herein as DEVELOPMENT PROJECT). Defined as consisting of all physical changes and improvements necessary to complete a development. Such physical changes shall include the construction of new structures or the remodeling of existing structures.
REAL PROPERTY. That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature.
QUALIFIED ARTIST (also referred herein as ARTIST). A practicing artist who has demonstrated a high level of accomplishment through a body of work, exhibitions, presentations, or performances. The qualified artist shall have a history of strong conceptual development, as well as possess the ability for skillful execution of tools, materials, and craft. This includes programs rooted in innovative uses of technology, collaborative work, or interdisciplinary projects. The qualified artist shall have a BFA, MFA or other comprehensive advanced training in the visual arts and work primarily in the production of art in unique or limited editions and not for purposes of marketing, mass production or advertising.
TEMPORARY INSTALLATION. Artwork intended to remain installed for three (3) years or less.
(Ord. No. 2013-003 § 1 (part))