§ 4-22.12. Removal of Art Projects.

(a)

The City shall retain the right to remove any work of art in the City's collection regardless of the funding source for that work; however, removing the items from the collection should be a deliberate and seldom-used procedure. It is the chapter of the City not to dispose of works simply because they are not currently in fashion and not to dispose of works whose worth might not yet be recognized.

(b)

Art work may be considered for removal if one (1) or more of the following conditions apply:

(1)

It has received consistent adverse public reaction for more than a five (5)-year period from a measurably large number of individuals and/or organizations.

(2)

Removal has been requested by the agency that displays the work.

(3)

It is found to be fraudulent or not authentic.

(4)

It possesses faults of design or workmanship.

(5)

It causes excessive or unreasonable maintenance.

(6)

It is damaged irreparably, or to an extent where repair is unreasonable or impractical.

(7)

It represents a physical threat to public safety.

(8)

A suitable place for display no longer exists.

(9)

The work is not, or is rarely, displayed.

(10)

A written request from the artist has been received.

(11)

The work has resulted in litigation or, in the determination of the City Attorney, significant risk of legal exposure that cannot readily be addressed by means other than removal.

(c)

Requests to remove Art Project shall be directed to the Art Director. The Art Director shall make a recommendation to the Culture Commission whether to approve or deny requests to remove Art Projects from the City. The Culture Commission has the authority to approve or deny requests to remove Art Projects from the City, which decision shall be based on the criteria set forth in Section 4-22.12(B) above.

(Ord. No. 3617-C.S., § 1, effective 6-12-15)