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SALT LAKE CITY ORDINANCE
No. 22 of 2001
(Artwork on Buildings and Fences During Olympics)
AN ORDINANCE ENACTING CHAPTER 3.54 OF THE SALT LAKE CITY CODE, RELATING TO ARTWORK ON BUILDINGS AND FENCES IN CONNECTION WITH THE OLYMPIC WINTER GAMES OF 2002.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 3.54, Salt Lake City Code, be, and the same hereby is, enacted to read as follows:
CHAPTER 3.54 ARTWORK ON BUILDINGS AND FENCES IN CONNECTION WITH THE OLYMPIC WINTER GAMES OF 2002
ARTICLE I - general PROVISIONS
3.54.010 Definitions.
A. “Event Period” means from September 1, 2001, to and including April 30, 2002.
B. “Mayor” means the mayor of Salt Lake City, Utah, or the mayor’s designee.
C. “Olympics” means the Olympic Winter Games of 2002.
D. “Permitted Area” means the area bounded on the north by North Temple Street, on the east by 200 East Street, on the south by 900 South Street, including the 900 South freeway exit, and on the west by Interstate 15.
ARTICLE II – ARTWORK ON BUILDINGS AND FENCES
3.54.020. Authority to Display
In order to create a temporarily festive atmosphere in the City during the Olympics, any person may, during the event period, cause to be affixed to fences and buildings on private property within the permitted area, works of art, provided that such works of art are not signs under Section 21A.46.020, Salt Lake City Code, and in no way identify a product or business logo.
3.54.030 Application for Permit
Any person who desires to display such works of art must first apply for and obtain a permit for such display from the mayor, who shall provide a form for the application. The application must be submitted to the mayor not less than ninety (90) days before the date the artwork is proposed to be displayed, and must contain the following information:
A. The name, address, and telephone number of the applicant;
B. A photograph, drawing, or other visual representation of the artwork; and
C. The proposed number of artwork pieces and the proposed locations where the artwork will be placed.
D. Evidence that the owner of the property on which the artwork is proposed to be placed has given written permission for such placement.
The applicant must also provide, together with the application, an agreement in a form acceptable to the city attorney, in which the applicant agrees to indemnify, hold harmless, and defend the City from and against all claims, actions, or liabilities arising out of the City’s issuance of the permit or in connection with the display of the artwork.
3.54.040 Granting of the Permit; Standards
The permit may be granted by mayor upon a determination that the application has been properly completed, and that:
A. The location and placement of the artwork will not endanger public safety, including motorists and pedestrians;
B. The artwork will not cover or blanket any prominent view of a structure or façade of historical or architectural significance;
C. The artwork will not obstruct the view of users of adjacent buildings to side yards, front yards, or to open space;
D. The artwork will not negatively affect the visual quality of a public open space, such as a public recreation facility, square, plaza, courtyard, or the like;
E. The artwork is compatible with building heights of the existing neighborhood and does not impose a foreign or inharmonious element to an existing skyline;
F. The artwork does not adversely affect the health, safety, or welfare of the public, and does not violate building code regulations regarding ingress, egress, fire protection, and the like.
3.54.050 Time for Approval or Disapproval of Application
Within fifteen (15) days after receiving the application for a permit, the mayor shall either grant or deny the permit and shall give written notice of his or her decision to the applicant.
3.54.060 Judicial Review of Denial
Any person adversely affected by the granting or denial of the permit may appeal such decision to a court of competent jurisdiction after receiving notice of the mayor’s decision. The decision granting or denying the permit shall be effective on the date of the written notice issued by the mayor, unless the mayor orders otherwise.
3.54.070 Duration of Display
The artwork may be permitted and be in place only during the event period.
3.54.080 Negative Savings Clause
If any portion of this Chapter is determined to be illegal, invalid, unconstitutional, or superseded, in whole or in part, this entire Chapter shall be voided and terminated, subject to the following provisions: (a) in the event of a judicial, regulatory, or administrative determination that this Chapter is illegal, invalid, unconstitutional, or superseded, such voiding or termination shall be effective as of the date of a final appealable order: and (b) in the event of any state legislative action that renders this Chapter illegal, invalid, unconstitutional, or superseded, such voiding or termination shall be effective as of the effective date of such legislative action.
No property interest or vested right is created in any person by this Chapter. If any portion of this Chapter is determined to be illegal, invalid, unconstitutional, or superseded, any person who has erected any artwork contemplated by this Chapter shall remove such artwork within thirty (30) days after receiving notice from the mayor of such determination.
SECTION 2. EFFECTIVE DATE. That this Ordinance shall take effect on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 17th day of April, 2001.
Bill No. 22 of 2001
Published: April 28, 2001.