§ 16-28.025. Public art.

Public art is a visual, wholly noncommercial artistic expression intended and able to be viewed from a public way that meets the criteria specified herein. Public art meeting the following criteria may be conditionally located in any district. Consistent with the purpose and intent of this section, the Atlanta city council may, by ordinance, approve a work of public art. Said approval shall not be granted unless said ordinance contains the following three preliminary certifications:

(1)

A certification from the director of the bureau of traffic and transportation or designee that the work will not constitute a traffic hazard or undue and dangerous distraction to motorists or pedestrians;

(2)

A certification from the executive director of the urban design commission or designee that the work does not contain and is not intended to convey a commercial message primarily, provided that the name of a sponsor for said work may be displayed on an adjacent plaque or similar display that is no more than two square feet in area; and

(3)

A certification from the director of the bureau of cultural affairs or designee that the work is not inconsistent with the City of Atlanta's public art program. The council, if provided with these certifications, shall approve, conditionally or otherwise, a work of public art upon finding that it does not negatively affect the public interest related to aesthetics, additional sign clutter, and public safety. In making this finding, the council shall consider the required certifications; the spatial relationship of the proposed art to the building or premises upon which it is located as well as the surrounding area; vehicular and pedestrian traffic safety; the existence of nearby signs; and the size, dimensions and other physical characteristics of the proposed work. In applying these criteria, the council shall in no way restrict the content or message of the proposed work.

(Ord. No. 2003-97, § 6, 10-14-03)