West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article I. IN GENERAL |
§ 78-10. Monuments.
(a)
Definition. Monument shall mean a statue or other structure or work of art erected to commemorate or memorialize a famous or notable person, event, historic location or historic period.
(b)
Authority. The city commission shall have the sole discretion regarding installation of a monument upon public city property or right-of-way. Installation of any monument will require an evaluation of the facts and circumstances pertaining to the person, event, location or period to be recognized.
(c)
Standards . All monuments erected or installed by the city shall comply with the following standards:
(1)
The city commission may determine to honor a deceased person who had been prominent in the city, or nationally or internationally, by installation of a monument. No monument may honor any person convicted of a crime of moral turpitude or found by a competent authority to have violated ethics laws or regulations.
(2)
Any monument must reflect the image and values of the city.
(3)
A monument shall not endorse or advocate any religion or specific religious belief, nor have an obscene connotation, or malevolently portray or demean any race, ethnicity or other protected group.
(4)
A monument shall be located only where sufficient space, utilities and other elements to accommodate the monument exist, as determined by engineering and planning staff, and approved by the city commission.
(5)
All monuments shall be able to be reasonably maintained within the resources allocated by the city.
(d)
Process .
(1)
Application . Any person or community organization requesting installation of a monument shall submit a written application to the city administrator using a city monument application form. Complete requests received on or before April 30 of each budget cycle shall be considered for the next fiscal year budget and will be brought to the city commission for determination prior to the final budget hearing for the next fiscal year.
(2)
Determination . The city commission shall consider a request for a monument by evaluation of the request and supporting facts and circumstances and compliance with the monument standards.
(3)
Budget. If a determination is made to proceed with a monument, the city commission shall establish a budget and funding source for the monument. Such budget shall consider the cost relative to other city monuments and maintenance requirements.
(4)
Task force . The mayor shall appoint a temporary task force to make recommendations to the city commission regarding the type and design of such monument and the location of the monument. Such temporary task force shall consist of two members of the art in public places committee, the applicant and one or more members of the community supporting the monument. The task force may also include, but is not limited to, historians or other persons with knowledge relevant to any recommendations to the city commission regarding the historical significance, design, location, maintenance or other factors relevant to the proposed monument.
(5)
Approvals . Every monument shall require the approval of the city commission as to:
a.
The selection of the artist or designer;
b.
Approval of the final design;
c.
Approval of the location; and
d.
The name of each monument.
(e)
Ownership and legal rights . All monuments shall be titled in the name of the city and the city shall have all rights regarding the ability to repair, restore, relocate or remove a monument and to utilize images or reproductions of such monument without notice to or consent of the designer.
(Ord. No. 4764-18, § 1, 2-26-2018)