Title
An Ordinance Establishing Requirements for Original Murals and Street Art in the Foley Main Street District
Summary
DESCRIPTION OF TOPIC: (who, what, when, where, why, and how much)
SOURCE OF FUNDING:
Please provide the amount requested: ____________
Is this a budgeted item? Yes /No
Please provide the budgeted amount: $_____________ Account No. ___________________________
If budgeted, is this a capital purchase, capital project, or special fund? _________________________
Was this item included in the Fiscal Year Capital Projects Plan? Yes/No
If yes, please provide the amount included in Capital Projects Plan: $___________
Body
WHEREAS, the City of Foley desires to establish requirements for original murals and street art in the Foley Main Street District to promote the general welfare of community, improve aesthetics, increase business and tourism traffic, and help enhance the facade of a building or specific areas in downtown and;
WHEREAS, this ordinance is consistent with the intent of the Comprehensive Plan because the Comprehensive Plan goals generally include:
1. Creating a positive imagine through the use of attractive and well-designed artwork.
2. Creating attractive gathering spaces.
WHEREAS, the Foley City Council finds and determines that since murals and street art are considered to be original artwork they are not considered a "sign" and therefore, not governed under the sign ordinance, and
WHEREAS, installation of original artwork murals and street art shall be limited to the Foley Main Street District, and
WHEREAS, the City is mindful of the First Amendment to the Constitution, and does not want to judge the content of the mural or street art, including whether a mural or street art is commercial or noncommercial, so all words or letters are prohibited on murals and street art, and to classify murals and street art as art; and establish a permitting process.
SECTION ONE
Mural and Street Art permit application process
(1) No person, firm, corporation or other entity may authorize, erect, construct, maintain, move, alter, change, place, suspend, or attach any Original Artwork Mural or Street Art within the City prior to obtaining a permit as set forth herein. Such permit shall be known as a mural permit.
(2) An application for a mural or street art permit shall be filed jointly by Foley Main Street, a building owner and an artist with the planning department and accompanied by the Foley Main Street Mural and Street Art Contract and Release signed by all parties; and supporting documentation including a sketch of the proposed mural, artist resume, and a brief statement describing the proposed artwork, and also a spec list of the material that will be used to construct the mural or street art.
FURTHERMORE
1. There shall be no cost to the city
2. Shall not interfere with public safety or create traffic safety issues
3. Shall be accessible to the general public regardless of disabilities
4. Shall be approved by the Foley Historic Commission when deemed necessary
5. A clear, anti-graffiti coating must be applied over the completed artwork
6. Shall not cover more than a single fa9ade of a building
7. Shall not violate federal, state or local law
8. Shall not include any nudity, sex or innuendo, depictions of drugs and alcohol abuse, racism, degradation of individuals or groups, violence, desecration of cultural symbols, profanity or gang related art.
9. Shall not contain any licensed, copyrighted, or trademarked characters or likenesses without permission from the holder or owner of the license, copyright or trademark.
10. The mural or street art must be compatible with the character of the surrounding area in terms of its size, style, colors, materials, general appearance, and location.
This ordinance shall take effect immediately upon its adoption.