The City of Middletown exempts "public art", which includes all mediums, such as sculpture, murals or painting, film, light, or other forms of creative expression, from the requirements of this chapter, provided that the depictions are indeed works of art and not signs. In order to determine whether a particular item is "art" the following criteria shall be used:
(A) Public art.
(1) Public art is any form of creative expression, that does not contain a commercial or advertising content and is not a display to public view of letters, devices, structures, fixtures, displays, emblems, placards, or any part of combinations thereof designed to direct, announce or inform the public about businesses and organizations. Commercial logos, depictions of goods or services sold, or any elements of commercial advertising for a business or organization are not allowed in public art. This includes any recognizable figure, product, person or items that directly and recognizably advertise goods or services, including, but not limited to trademarks, mascots, or spokespersons.
(2) Any person wanting to install a work which they consider public art must first submit a rending of the work to the City of Middletown. The City Commission will docket the matter for its next regular meeting, for the sole purpose of determining (based upon the foregoing criteria), if the work meets the definition of public art. If the City Commission determines the work is public art, no further review or regulation shall apply. If the City Commission determines the work is not public art and is instead a sign, the applicant must comply with the City's sign regulations in this chapter.
(B) Design recommendations. The City of Middletown recommends to those wishing to install public art on private property the following design recommendations:
(1) Demonstrate Middletown's values of community and creativity, public art should foster a message of bringing people together;
(2) Stimulate economic growth and investment;
(3) Encourage public education and cultural literacy;
(4) Contribute or celebrate Middletown and the region's identity;
(5) Bridge cultural and social barriers;
(6) Provide community cohesion;
(7) Energize publicly viewed spaces in the city;
(8) Enhance new and existing development;
(9) Provide local opportunities for talented regional, national and international artists;
(10) Contribute to Middletown and the region as a tourist destination;
(11) Leave a legacy for the future; and
(12) Create a positive impact.
(Ord. 03-14-19-B, passed 4-11-2019)