1339.29 MURALS; APPLICATION; PERMITS; MAINTENANCE.

   (a)   Definitions.  

      (1)   “Mural” is defined as any inscription, artwork, figure, wall mural, graffiti, marking or design that is marked, etched, scratched, drawn or painted on any property listed in subsection (a)(4) hereof.

      (2)   “Owner” means any of the following:

         A.   Any person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trust, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.

         B.   Any operator of a premises.

      (3)   “Operator” means:

         A.   Any person who has charge, care of or control of premises or a part thereof whether with or without the knowledge and consent of the owner.

         B.   Any person who alone or jointly or severally with others shall have legal or equitable title to any premises with or without accompanying actual possession therefrom or shall have charge, care or control of premises as the owner or agent of the owner, or an executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession.

         C.   Any person who as a lessee subletting or reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.

         D.   The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.

      (3)   “Premises” means a lot, plot or land parcel, including the building or structures thereon.

      (4)   “Property” is defined as any public property or any private property which is observable from the public right of way or from a public space.

   (b)   Defacement of Property. No person shall place artwork, mural, graffiti, write, paint or draw any inscription, figure or mark of any type on any property listed in subsection (a)(4) hereof unless the express permission of the owner or operator of the property has been obtained and a permit has been issued as provided herein.

   (c)   Mural Application Permit.

      (1)   Any person, firm, corporation or association desiring to place on any property an inscription, figure, artwork or mark of any type shall first obtain a permit from the City’s Certified Building Division. Applications for the permit issued under this section shall include the following information:

         A.   Name and address of the creator of the artwork or mural.

         B.   Name and address of the owner, operator, or the person in possession of the premises where the artwork is located or to be located.

         C.   Clear and legible drawings with description definitely showing location of the mural which is the subject of the permit and all other existing artwork whose construction requires permits, when such artworks are on the same premises.

         D.   Drawings showing the dimensions, construction supports, sizes, foundation, electrical wiring and components, materials of the mural and method of attachment and character of structure members to which attachment is to be made. The design, quality, materials and loading shall conform to the requirements of the Building Code, as amended. If required by the City’s Certified Building Division engineering data shall be supplied on plans submitted certified by a duly licensed structural engineer.

         E.   The application shall be accompanied by a permit application fee of forty-five dollars ($45.00).

      (2)   Upon receipt of a completed application, the Certified Building Division shall transmit such application to the City’s Public Arts Commission who shall conduct a review within thirty (30) days. The artist or organization sponsoring the mural shall be available to the Public Arts Commission for an interview.

      (3)   The Public Arts Commission shall recommend the approval of an application for mural permits that meet the Commission’s technical and aesthetic standards.

      (4)   Approval by the Public Arts Commission is granted for the specific design and onetime production of the mural presented. The permit is granted for an indefinite period of time provided no changes are made to the original image presented to and approved by the Public Arts Commission. Any changes must be submitted through the Certified Building Division to the Public Arts Commission for review and determination as to whether the changes require approval from the Commission. This permit is revocable by the City’s Certified Building Division if it is determined at any time that the mural being installed does not comply with the information provided with the application or conform to the requirements of the Building Code.

      (5)   Unless a shorter period of time has been established by official action, this permit expires two (2) years after issuance if the approved mural has not been installed, or 180 days from issuance if the work permitted hereunder has not been commenced. This permit shall also expire if it is determined the work authorized by the permit has been suspended, discontinued, or abandoned for a continuous period of 180 days.

   (d)   Mural Maintenance, Penalty.

      (1)   It shall be the responsibility of the owner or operator of property upon which a mural is placed to maintain the appearance of the mural. A mural that is permitted to remain in a condition of disrepair shall constitute a public nuisance as defined in Section 1163.01 of the Codified Ordinances.

      (2)   Whoever violates this section shall be guilty of a misdemeanor of the third degree.

         (Ord. 21-103. Passed 6-1-21.)