HomeMy WebLinkAbout2017-02-8468ORDINANCE NO. 2017-2-8468
AN ORDINANCE AMENDING CHAPTER 98,
ARTICLE VIII, "ARTIST SETUP AREA" OF
THE CODE OF ORDINANCES OF THE CITY
OF PADUCAH, KENTUCKY
WHEREAS, this Ordinance amends Chapter 98, Article VIII, "Artist Setup
Code of Ordinances of the City of Paducah, Kentucky; and
201176
" of the
NOW THEREFORE be it ordained by the Board of Commissioners of the Citi of
Paducah, Kentucky as follows: l
SECTION 1. That Chapter 98, Article VIII, "Artist Setup Area," is hereby amended
restated to read as follows:
CHAPTER 98 — STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE VIII. ARTIST SETUP AREA
Sec. 98-221. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a differentmeaning:
t granted to a person pursuant to this Article
permittee to create and/of sell Original Works of Art in those areas of the City c
defined as "The Gazebo Artist Setup Area, or "The Texaco Station Artist Setup Area."
Commercial transaction means the selling of any service or goods for any type of price, set
fee, or required donation, or the display, wearing, posting or distribution of verbiage or signs that
describe or refer to a price, set fee or required donation for any service or goods other than the
selling of Original Works of Art. ,
the -Gazebo Artist Setup Area area means the primary area extending from the coiner of 2nd
and Broadway to the two entrances of the carriage turn -around on 2nd Street and Broadway
respectively and including the Gazebo area proper. It does not mean the drive-through areas
designated for horse carriage traffic or directly in front of the Gazebo entrance facing Broadway.
The use of this area is not meant to conflict with the provisions of section 122-71 et seq. The
auxiliary over -flow only to be used when this space is filled shall be the 2nd Street promenade
sidewalk extended along the old Sinnott Hotel building from Broadway to the alley.
Guest Permit perwtk is defined as a permit that will allow an artist that desires to create or
demonstrate Original Works of Art art in the stated areas en limited oeeas ons bu does not
intend to sell their work. A guest permit shall be is granted by the Cijy of Paducah elpartment
of Planning ("Paducah Planning Department") in accordance with the terms and enjiditions of
this Article.an aAist. , t sfi .mit for- stated areas.�
Handmade artifact means merchandise which is entirely handmade by the la or of the
permittee or workers of the permittee; it shall not include any finished products bought for resale,
or perishable or edible merchandise.
Original Works of Art means only those works produced and for sale by the artist which
have been accomplished essentially by hand and any prints of original work of art b the artist
►ther fine art craf
Planning Department after consultation with the authorized designee of the Paducah Art a `la
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Vw-T xaco Station Artist Setup Area means the city's park area at the northeasterly corner of
7th Street and Madison Street.
Sec. 98-22�. - Permits required.
Every person who shall desire to use the public parks, sidewalks establishments defined in
the two ist Setup Areas for creation, demonstration and/or sale of Original Works of Art art as
must obtai i either an "Artist Permit" or a "Guest Permit." Permits shall only be issued to persons
determined to be in compliance with the terms and regulations of this Article and all other
ordinances and policies of the City of Paducah. No other similar permit will be issued by the Cly
Manager- t e City of Paducah for the Gazebo Artist Setup Area c+, oo+ r ,°i, . ,, or the
Texaco Stf tion Artist Setu Area To.,aee stat .,, in contravention with this Article aftiele.
handled
of the Paducah Plannins Department under this Article
(a) Create an application form for prospective artist. The applications shall be
approved by the Director of Planning or his designee.
(b) The Paducah Planning Department shall receive and review applications for an
Artist Permit or a Guest Permit; and shall approve or deny such permits in
accordance with this Article. In the event the Paducah Planning Department
determines that the permit Nplication does not comply with the terms of this
Article the Paducah Planning Department shall provide the applicant with written
advice of the reasons for same. Thereafter, the applicant shall be accorded a
period of three (3) dUs to correct or resolve the matters defined under the written
advice. If the applicant fails to correct or resolve the matters_ within this period of
time the Paducah Planning Department shall issue a formal written notice of
denial and shall mail a copy of the notice to the applicant at the address set forth
in the application The notice of denial shall set forth the following information:
(i) the specific grounds for the denial; and (ii) an explanation of the applicant's
right to appeal the denial to the Director of Planning within five (5) days of the
date of the notice The Director of Planning shall answer said appeal within
fourteen (14) days of receipt.
(c) A permit issued under this Article is a privilege. Upon acceptance of a permit,
each artist agrees to fully comply with all of the conditions and regulations under
this Article In the event the artist fails to comply, the Paducah Planning
Department shall have the power to revoke the permit for up to one (1)ear in
accordance with the following_ provisions: (i) The Paducah Planning Department
shall issue a formal written notice of revocation of the permit and shall mail a
copy of the notice to the artist at the address set forth in the initial application; (ii)
the Artist may submit a written response and/or correct or resolve the matters
defined under this notice within three (3) days of the date of the notice; (iii) this
notice shall set forth the specific grounds for the revocation and an explanation of
the artist's right to appeal; (iv) the artist shall have five (5) days from the date of
the notice of revocation to appeal to the Director of Planning and (v) the Director
of Planning shall answer said appeal within 14 days of receipt. The artist shall
immediate cease desist and vacate the Oplicable Artist Setup Area upon receipt
of the written notice of revocation.
Sec. 98-2 3. - Fees.
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(ab) Any applicant or permittee of the Artist Permit shall x
in accordance with Section 98-227. Renewals of "rd
of eaek year- and are $35.00.
(be) For a "Guest Permit" to be granted , there is no fee. Guest
Permits are only valid for a single occurrence and only for creation and/or
demonstrations of Original Works of Art, not sales.
Sec. 98-224. - Exhibition of work.
(a) While an Artist Permittee pewee under this Article ewe is working, he or she may
also exhibit and sell his or her own Original Works of Art original fine aft w on the
permitted site.
(b) An Artist Permittee or a Guest Permittee shall , he or she not engage in any commercial
transaction as defined herein. .
(c) Only persons holding an Artist Permit or_a Guest Permit pennits may place approved carts,
easels, tables, chairs or similar furniture within either Artist Setup Area.
(d) To protect the public health, safety, and welfare, the City Manager Director of Planning, or
his designee, is hereby authorized to resolve any disputes by altering permits, r allocating
spaces granted to permit holders of this Article, seetiefl, or reducing the number of artist
spaces in order to accommodate the various parties using the city's public places.
Sec. 98-225. - Postings required.
(a) Permits granted under this Article ai4iele shall be weatherproofed and posted in a
conspicuous location.
(b) The total sales price for Original Works of Art eempleted original fire a shall be displayed
on a removable temporary sign no larger than eight and one-half inches by 11 inches.
Sec. 98-227. - Regulations for permits.
(a) Any person who shall apply for an "Artist Permit" or a "Guest Permit" under this
Article
aF iele for- the first time shall obtain an applieation &em the AAist Genunifte
and shall
submit sueh the required application to the Paducah Planning Department
for approval. Applicant for an Artist Permit shall pgy the annual permit fee as set out in
Section 98-223 to the Cijy of Paducah's Finance Department prior to issuance o
the Artist
Permit. The AAist Cemmit4ee shall have 30 days te respond and shall " ' II
ppheant in
Nwiting> a4 the address oft the appheatien,
the po.mit f.,.m the date of the lotto,- of , e fifieati .,, Failure of the applicant to
appear in
person at the City of Paducah's Finance Department finanee depaAfaea4 to vav
the annual
permit fee and secure the permit within fifteen 15 days of the date of the
letter of
notification the 15 day pence shall invalidate the application, and the applicant
shall be
required to submit a new application in accordance with this Article. puEsuafA4e
the above
(b) Artist Permits shall be valid from the date of issuance to the date when artist permittee
is
next required to submit its annual renewal application and pay the annual permit
fee to the
Cily Finance Department. Annual Artist Permit fees are due to the Cily of
Paducah's
Finance Department "Paducah Finance Department") and renewal applications are due to
the Paducah Planning Department on or before the 15th dgy of April of each calendar year.
Each artist i3ermittee shall submit the renewal application, and pay the annual Ai
tist Permit
fee on or before the close of cjjy business on the due date. Whenever the due date for
submittal of the renewal application and pgMent of the annual Artist Permit fe
falls on a
Saturday or Sundgy, the permittee shall be given an extension until the following-Vondgy
to
submit the renewal application and ygy the annual ermit fee. In the event the
following
Monday is a city holida the permittee shall be given an additional extension to
the ci 's
next business dgy to submit the renewal application and pgy the annual
ermit fee.
Notwithstanding the aforementioned extension the ermittee shall nevertheless c
mply with
the requirements for a timelag as defined under this Article.
8
L
sha4l not require applieation pr-eeess outlined above. The peFmit ffiay be obtained
imme hately upon the request for renewal and payment of fee.
(c) If a permit is not secured as required by this Article and osted in accordance with Section
98-225, such violator of this Article shall immediate cease desist and vacate the applicable
Artist Setup Area. Should -a" artistes„moo n Aist Po.., it” rail to renew e-hpeFmit iN4-hin the Ref -1;4 of the felle�A4ng ealendar- year in whieh it was issued-,
d) Any hermit issued under this Article shall be designated on the face of the vermit as "Artist
Permit" or "Guest Permit".
Sec. 98-228. - Artist regulations.
(a) Each permit holder may occupy only one space in either the Gazebo Artist Setup Area or the
Texaco Station Artist Setup Area. A permittee may not occupy a space in both the Gazebo
Artist Setup Area or the Texaco Station Artist SeWD Area. A typical space is six C6J feet by
Len Ll D 4-2 feet. Placement and usage of allocated spaces in the Artist Setup Areas shall be
coord nated by the Paducah Planning Department after consultation with the authorized
&gg.ee of the Paducah Art a `la Cart Association or other local artist association selected
(b) Space within the designated Artist Setup Area ai4is4 setup are will be available daily, only,
on a "first come, first served" basis. A particular space shall not become the exclusive space
of any permittee. Spaces may not be held overnight.
(c) No person may be allowed to place easels, tables, chairs or similar furniture in the location
occup ed by another artist or directly in front thereof. An artist who simultaneously displays
his work in two contiguous or noncontiguous locations shall immediately remove his work
from one such location.
(d) An artist who is working a location shall not display his work or place his equipment or
himse If in such a way as to block the sidewalk or interfere with pedestrian traffic or the artist
next to them. They shall keep their sidewalk clean. When a member of the public is in front
of anfist's location, no other artist will solicit or in any way try to attract attention.
(e) Artists with permits shall Y49 yield to any new or existing permitted functions specifically
authorized by the Cily of Paducah and occpipying space within either of the Artist Setu
Areas whieh might be issued b the eat, that would „__„p_ ssaid ni4ist cut-up Areas. To the
extent reasonably possible, the Paducah Planning Department direeter- A, 41 be „^thio -Mi
advan me ef pefmitted events in or -de will use its best efforts to notify, permitted artists of
such strictions. fie setting up on rest-Fie4e time orFailure to notify will not absolve
the ve ittee from complying with such restrictions. goo net afros+ the validity of the „ow4y
(f) Artist may display one sponsorship placard provided it does not exceed 8%2 X 1 I inches.
(g) The hours of exhibition may be anytime between 5:00 a.m. and 10:00 p.m.
SECTIO$ 2. That Chapter 98, Article VIII, Section 98-226. - "Artist Committee," is hereby
repealed in its entirety as follows:
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SECTION 3. SEVERABILITY. If any section, paragraph or provision of this Ordin ce shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this
Ordinance.
SECTION 4. COMPLIANCE WITH OPEN MEETINGS LAWS. The City Co ission
hereby finds and determines that all formal actions relative to the adoption of this Ordiriance
were taken in an open meeting of this City Commission, and that all deliberations of this City
Commission and of its committees, if any, which resulted in formal action, were in me Aings
open to the public, in full compliance with applicable legal requirements.
SECTION 5. CONFLICTS. All ordinances, resolutions, orders or parts thereof in c nflict
with the provisions of this Ordinance are, to the extent of such conflict, hereby repeale I and the
provisions of this Ordinance shall prevail and be given effect.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be read on two separate d and
will become effective upon summary publication pursuant to KRS 424.
ATTEST:
Introduced by the Board of Commissioners, February 7, 2017
Adopted by the Board of Commissioners, February 14, 2017
Recorded by City Clerk, February 14, 2017
Published by The Paducah Sun, February 16, 2017
Plan/98-Article VIII, Artist Setup Area
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