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HomeMy WebLinkAbout2009-5-7555ORDINANCE NO. 2009-5-7555 AN ORDINANCE OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING THE CREATION OF ARTIST SETUP AREA IN SPECIFIC PARKS AND PROPERTIES OF THE CITY OF PADUCAH WHEREAS, the inception of the Artist Relocation Program administered by the City's Planning Department began in 2000; and WHEREAS, the City adopted the Lowertown Neighborhood Plan in 2002. The basis of the redevelopment was the attraction of artists; WHEREAS, since the adoption of the neighborhood plan more than 70 artists from across the nation relocated to Paducah and have invested $30 million in homes, businesses, studios and galleries; WHEREAS, the City has determined that the creation of the arts district has contributed to the expansion of the cultural arts in Paducah; and WHEREAS, the City desires to stimulate the arts community further by providing public spaces for hand -carts to be used as a means to promote interaction with artists, education, and sales. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. Definitions The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: a) 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 fine art including but not limited to paintings, sketches, drawings, sculpture, ceramics, fine art glass and handmade jewelry; or other fine art crafts as approved by the Artist Committee. b) The Gazebo Artist Setup area means the primary area extending from the corner 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. 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. C) The Texaco Station Artist Setup Area means the city's park area at the northeasterly corner of 7th Street and Madison Street. d) Original 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 by the artist. e) Handmade artifact means merchandise which is entirely handmade by the labor of the permittee or workers of the permittee; it shall not include any finished products bought for resale, or perishable or edible merchandise. f) A permit is defined as a permit granted to a person pursuant to this section and subsections to allow the permittee to create and/or sell original works of art in that area defined as "The Gazebo Artist Setup Area, or "The Texaco Station Artist Setup Area." g) Guest Permit is defined as a permit that will allow an artist that desires to create art in the stated areas on limited occasions but does not intend to sell their work. A Guest permit is granted by an artist with an existing permit for stated areas. SECTION 2. Permits Required Every person who shall desire to use the public parks, sidewalks establishments defined in the two Artist Setup Areas for demonstration and/or sale of art as must obtain either a "Permit" or a "Guest Permit." Permits shall only be issued to - persons determined to be in compliance with all ordinances and polices of the City of Paducah. No other similar permit will be issued by the City Manager for the 2nd Street Gazebo area or Texaco station in contravention with this ordinance. SECTION 3. Fee's The applicant shall pay for permits issued under this ordinance at the time of issuance according to the following schedule: a) Any permit issued under this subsection shall be designated on the face of the permit as "Artist Permit". Since renewals will be in January, first time permits shall be pro -rated as follows. First-time permits from January 1 until June 30 is $35. From July 1 until December 31, the cost shall be $17.50. b) Renewals are due by January 31 of each year and are $35.00. C) For a "Guest Permit" to be granted by existing permitted artist, there is no fee. SECTION 4. Exhibition of Work a) While a permittee under this ordinance is working, he or she may also exhibit and sell his or her own original fine art work on the permitted site. b) Permittee, he or she may not engage in any commercial transaction other than producing or selling his or her own original fine art. C) Only persons holding permits 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, or his designee, is hereby authorized to resolve any disputes by altering permits, reallocating spaces granted to permit holders of this section, or reducing the number of artist spaces in order to accommodate the various parties using the city's public places. SECTION 5. Postings Required a) Permits granted under this ordinance shall be weatherproofed and posted in a conspicuous location. b) The total price for completed original fine art shall be displayed on a removable temporary sign no larger than eight and one-half inches by 11 inches. SECTION 6. Artist Committee It is intended that, that to a significant degree, the program will be self - governed. The forum for decisions shall be knows as the Artist Committee. The Artist Committee made up of one (1) directing member and two (2) committee members, one of which shall be a Mayoral appointment, shall perform governing of the artist setup areas. a) Duties and Powers of the Artist Committee 1) Create an Application Form for prospective artist. The application will be approved as to form by the City Manager, or his deginee. 2) The Artist Committee will issue permit applications and approve or deny applications in accordance with the ordinance. Upon receipt of an application, the Artist Committee has 30 days to respond and shall notify the applicant in writing of their decision. Upon approval, the applicant has 15 days to secure a permit by appearing in person at the city's Finance department and paying the fee. 3) The acting director of the Artist Committee shall coordinate the usage of the allocated spaces and enforce the regulations of Section 8. 4) The body of permit -holding artists will hold elections alternating Januarys to elect the Artist Committee members for a service period of 2 years. 5) For willful violation of the terms of the ordinance and conditions of the permit, the Artist Committee shall have the power to revoke permits for up to one (1) year. Any person aggrieved by any decision of the Artist Committee may appeal to the City Manager. Appeals must be made with seven (7) days. The City Manager shall answer said appeal within 14 days of receipt. - - -- -- --- ­—, - - —_ SECTION 7. Regulations for Permits Any person who shall apply for an "Artist permit" under this ordinance for the first time shall obtain an application from the Artist Committee and shall submit such application to the Artist Committee for approval. The Artist Committee shall have 30 days to respond and shall notify the applicant in writing, at the address on the application, that such applicant is allowed 15 days to secure the permit from the date of the letter of notification. Failure of the applicant to appear in person at the City of Paducah's finance department to secure the permit within the 15 -day period shall invalidate the application, and the applicant shall be required to submit a new application pursuant to the above process. Permits are valid for one year and shall be renewable within 31 days before or after its expiration date. The renewal application shall not require application process outlined above. The permit may be obtained immediately upon the request for renewal and payment of fee. Should any artist working under an "Artist Permit" fail to renew such permit within the month of January of the following calendar year in which it was issued, the renewal of such permit shall be obtained pursuant to the process for obtaining a new permit as outlined in subsection (a) of this section. SECTION 8. Artist Regulations a) Each permit holder may occupy only one space. A typical space is 6 feet by 12 feet. b) Spaces within the designated artist setup area 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 occupied 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 himself 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 an artist's location, no other artist will solicit or in any way try to attract attention. e) Artists with permits will yield to any new or existing permitted functions, which might be issued by the city that would occupy said Artist Setup Areas. To the extent reasonably possible, the director will be notified in advance of permitted events in order to notify permitted artists from setting up on restricted time or day. Failure to notify does not affect the validity of the newly issued permit. f) Artist may display one sponsorship placard provided it does not exceed 81/2 x 11 inches. g) The hours of exhibition may be anytime between 5:00 AM and 10:00 PM. SECTION 9. Severability. If any section, paragraph or provision of this Ordinance 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 10. Compliance With Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance 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 meetings open to the public, in full compliance with applicable legal requirements. SECTION 11. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION 12. Effective. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424. MAYOR ATTEST: dA -Q S. 13 n -o (jk Tammara S. Brock, City Clerk Introduced by the Board of Commissioners May 12, 2009 Adopted by the Board of Commissioners, May 26, 2009 Recorded by Tammara S. Brock, City Clerk, May 26, 2009 Published by The Paducah Sun, June 2, 2009 downtown dev/Artist Park Ord sd