186.01     Purpose

The City of Cleveland establishes a Public Art Program to promote the welfare and prosperity of the community through the experience of art in public places. The Public Art Program also will accomplish the following purposes:

(a) To give residents of all ages, incomes, backgrounds, and ability levels access to high-quality art as part of daily life in the city;

(b) To give expression to the history, values, identity and diversity of the City, its neighborhoods, its districts, its buildings and places;

(c) To promote the revitalization of the City and its neighborhoods;

(d) To provide opportunities for artists to share their work with the public;

(e) To involve residents in the process of providing public art; and

(f) To integrate public art into the design of buildings and public spaces.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)

186.02     Applicable Projects

(a) Project Cost. Public art shall be required as a part of any of the activities specified in division (b) when those activities are undertaken by the City of Cleveland on property owned by the City and the project cost, as defined in 186.03, is $350,000 or more. If an ordinance authorizes the City to engage in an activity specified in division (b) where the total project cost is less than $350,000 and requires public art, the applicable provisions of this chapter shall apply.

(b) Project Type. The public art requirement shall apply to the following projects:

(1) construction of a new building or other above-ground structure;

(2) renovation and/or expansion of a building or other above-ground structure if the cost of the work represents more than half the value of the building or structure, excluding the cost of renovating interior areas not accessible to the public;

(3) development or redevelopment of a park or plaza, excluding projects limited to maintenance, repair and/or landscaping; or

(4) development of underground facilities accessible or visible to the public.

(c) Streetscape Projects. The public art requirement shall apply to streetscape projects, including the streetscape component of any street reconstruction project. For purposes of calculating project cost for streetscape projects only, the project cost shall include costs covered by funds from which public art is excluded as an object of expenditure.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)

186.03     Public Art Requirement

(a) Required Funding. One and one-half percent (1.5%) of the cost of an applicable project shall be devoted to provision of public art. The calculation of project cost shall include construction costs, including construction management costs, but shall exclude costs for land, interior fixtures and furnishings, architectural fees, engineering fees, and costs covered by funds from which public art is excluded as an object of expenditure. The cost of an applicable project shall be calculated based on the amounts of the executed applicable construction and construction management contracts.

(b) Qualifying Public Art Projects. Public art required by the regulations of this chapter may take the form of a discrete object of visual art, such as a sculpture or mural, permanent or temporary in nature, or may take the form of artist-designed functional elements of a project. An artist shall collaborate on the public art required by the regulations of this chapter.

(c) Location of Public Art. Public art required by the regulations of this chapter shall be placed on the site of the applicable project. If the City Planning Commission, in consultation with the Public Art Committee, determines that placement of public art on a particular project site would be inappropriate due to inadequate public visibility or public access, the Commission may select an alternate site to locate the public art. The Commission shall consult with applicable City departments to make this determination.

(d) Aggregation of Funds. If the City Planning Commission, in consultation with the Public Art Committee, determines that the purposes of this chapter will best be met by combining the public art funds from two or more applicable projects, the Commission may authorize the execution of a single public art project using the funding from multiple projects. The Commission shall consult with the applicable City departments to determine the location of the public art.

(e) Ownership of Public Art. All art located on City property and acquired under the requirements of this Chapter shall be owned by the City of Cleveland, unless other ownership is specified in an ordinance pertaining to a particular public art project.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)

186.04     Program Administration

(a) Responsibilities. The Cleveland City Planning Commission shall administer the Public Art Program, with the assistance of its staff and advisory committee. The Commission's responsibilities shall include, among others, the following:

(1) preparing and adopting guidelines, rules and procedures necessary to implement regulations of this chapter, which guidelines shall include a mechanism for neighborhood resident and stakeholder involvement in the public art selection process;

(2) developing and updating a citywide public art plan that identifies public art opportunities in the City of Cleveland;

(3) establishing and maintaining a registry of materials submitted by artists for consideration by the Public Art Committee;

(4) issuing requests for proposals and conducting the process of selecting artists and artwork for each project;

(5) developing and maintaining an inventory of public art in the City of Cleveland, and producing and disseminating educational and promotional materials regarding these works of art;

(6) ensuring widespread public participation in the Public Art Program;

(7) coordinating public art projects with participating City departments and other participating agencies and organizations;

(8) establishing a schedule and standards for maintenance of public art in consultation with the artist, if feasible; and

(9) providing periodic written reports to the Mayor and to City Council, no less frequently than once every six months, documenting activities, accomplishments and expenditures and demonstrating compliance with the regulations of this chapter.

(b) Public Art Committee. The City Planning Commission shall establish an advisory committee, to be known as the Public Art Committee, to advise and assist the Commission in conducting the Public Art Program.

(c) Public Art Committee Membership. The Public Art Committee shall be composed of the following members, each appointed by the Chairman of the City Planning Commission on nomination by the Mayor, unless otherwise stated:

(1) a visual artist;

(2) an administrator of an arts organization;

(3) a recognized expert in the field of public art;

(4) a City resident active in community affairs;

(5) a staff member of a City department that engages in projects subject to the provisions of this chapter, who shall be chairperson of the Committee;

(6) a professional architect or landscape architect;

(7) a member of Cleveland City Council or its staff, appointed by the President of City Council; and

(8) two community representatives appointed on a project-specific basis by the City Councilmember in whose ward a public art project has been proposed.

(d) Committee Members Terms of Appointment. The term for members of the Public Art Committee shall be two years, except that the initial Committee members described in (2), (4) and (6) of division (c) shall have a one-year term. After that one-year term, the term for the Committee members described in (2), (4) and (6) of division (c) shall be two years. The two community representatives appointed on a project-specific basis shall not have a term, but shall serve on the Committee only for the duration of deliberations on the particular public art project for which they were appointed.

(e) Committee Meetings. The Public Art Committee shall meet monthly, except when there is no business to conduct. The meetings shall be conducted under rules and procedures adopted by the Committee and approved by the City Planning Commission.

(f) Committee Member Compensation. Members of the Public Art Committee shall not receive monetary compensation for their services to the Committee.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)

186.05     Selection of Art

(a) Selection Process. The City Planning Commission, through its Public Art Committee shall solicit, review and select artwork under the following provisions:

(1) Community Participation. The Public Art Committee shall engage local residents, other local stakeholders, and the local City Councilmember in the process of selecting public art for a particular location. As required in Section 186.04, two community representatives appointed by the local Councilmember shall be added to the Committee as voting members for the purpose of project selection.

(2) Project Concept. The Committee shall work with the applicable department and the project design team to establish the goals for each public art project, including suitable locations and appropriate formats.

(3) Selection Method. The Committee shall recommend to the City Planning Commission the most appropriate method of selecting each public art project. Possible selection methods include open competition and invitational competition.

(4) Submission Options. The Committee shall recommend to the City Planning Commission submission requirements for each public art project.

(5) Approval. The Public Art Committee shall make its recommendation for a public art project to the City Planning Commission, which shall make the final determination. Alternatively, the Committee or the Commission may choose to make no selection and to re-open the competition.

(b) Selection Criteria. In selecting artwork, the Public Art Committee and the City Planning Commission shall consider, among others, the following factors: artistic quality, appropriateness of the artwork to its context, durability and resistance to the environment and vandalism, safety, feasibility of implementation, and the contribution the art makes to a citywide public art collection that reflects the diversity of the community and a diversity of forms of artistic expression.

(c) Representation of Local Artists. It is the intent of the City that at least fifty percent (50%) of the art installed under the regulations of this chapter be created by artists living or working in the City of Cleveland. Achievement of this goal shall be measured in 5-year increments.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)

186.06     Maintenance and Removal

(a) Maintenance. The City department having jurisdiction over the site on which the art has been placed shall maintain public art installed under the regulations of this chapter, unless other maintenance responsibilities are established by City ordinance. All maintenance shall be conducted pursuant to the schedule and standards established by the City Planning Commission.

(b) Removal. In the event that a work of art needs to be removed due to its condition, changes to its site, or other factors, the Public Art Committee shall recommend to the City Planning Commission the most appropriate means of removal and disposition, making a reasonable effort to consult with the artist responsible for the artwork.
(Ord. No. 1356-03. Passed 11-17-03, eff. 11-19-03)