Sec. 20-86. - Definitions.
(a) Works of public art.
(1) For the purposes of the public art program works of public art may include, but need not be limited to, the following examples:
a. Sculpture: in the round, bas relief, mobile, fountain, kinetic, and electronic, in any approved material or combination of materials.
b. Painting: all media, including portable and permanently affixed works, such as murals.
c. Graphic arts: printmaking, drawing, and banners.
d. Mosaics.
e. Photography.
f. Crafts: in clay, fiber and textiles, wood, metal, plastics, stained glass, and other materials, both functional and nonfunctional.
g. Mixed media: any combination of forms of media, including collage.
h. Earth works, environmental installations, and environmental art.
i. Decorative, ornamental, or functional elements which are designed by practicing artists or other persons submitting as artists, including but not limited to design professionals who are not participating members of the city's design team for the project (includes repetitive or serial art by an artist).
j. Light or luminal art, lighting.
k. Sound art.
l. Portable art that may be displayed at locations other than its substantially permanent location at or adjacent to the project site.
m. Temporary performance, or time-based art, provided that it is documented, is tied to the project whose budget provided funding, and produces a permanent work of art (residue) that is on substantially permanent display at or adjacent to the project site.
(2) The following elements are not considered works of public art under the public art program:
a. Directional elements such as supergraphics, signage, or color coding except where these elements are an integral part of the work of public art.
b. Objects which are mass produced in a standard design, such as playground equipment or fountains. However, prototype objects which are designed by an artist selected using the procedures of the public art program may be produced in editions and such editions shall not be considered mass produced.
c. Reproductions, by mechanical or other means, of original works of art, except in cases of casting, film, video, photography, printmaking or other media arts.
d. Landscape gardening except where such elements are designed by the artist or artist/landscape architect and are an integral part of a work of environmental art.
(3) Works of public art as herein defined acquired by city-affiliated cultural institutions, including the Museum of Natural History, Art Museum, Botanic Gardens, or Zoological Gardens shall not be part of the public art program.
(4) All works of public art produced hereunder shall be of a design, fabrication and material which are appropriate and durable, subject to the approval of the director, as defined herein, in his or her sole discretion.
(b) Capital improvement project. Capital improvement project means the acquisition by the city of real property or any interest therein to be used by the city in conjunction with the construction or acquisition of buildings or other structures; the improvement to, construction or acquisition of buildings or other structures of a permanent nature; the permanent improvement or betterment (as distinguished from ordinary repair or other maintenance) of real property or any interest therein, or of any building or structure; the construction of or improvement to viaducts, roads and streets, streetscape projects, pedestrian malls and plazas; and construction of or improvements to designated parks. Such capital improvement project shall include the costs and expenses of planning, designing, or engineering or any combination thereof, and of any survey or study concerning or with reference to any such capital improvement project. Such capital improvement project may be funded by appropriated city funds, by the sale of general obligation bonds, by private grants or cooperative agreements by which private funds are made available for use by the city, and by appropriate grants or cooperative agreements with the State of Colorado, the United States government, or other governmental agencies, or by any combination of the above sources of funding.
Any acquisition, construction, or expenditure required for, or in connection with, local, special, or general public improvement districts or privately financed construction pursuant to chapter 49 of this Code, or expenditures for leases of non-city owned property for city offices which are improved at the city's direct or indirect expense shall not be considered capital improvement projects. Except as specified in the preceding paragraph, projects which do not include finished space for human occupancy and will not be available to public view or use or which are of a mechanical or electrical nature only shall not be considered capital improvement projects.
(c) Restoration or repair. Restoration or repair means the rectification of significant or material damage to a work of public art.
(d) Maintenance. Maintenance means the regularly required effort to keep a work of public art in its intended condition.
(Ord. No. 717-91, § 1, 10-15-91; Ord. No. 650-96, § 1, 7-29-96)
