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City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
Policy Number Effective Date Last Revision Page No.
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Section 1.0: Purpose
The City of Lebanon supports cultural and artistic opportunities that benefit
residents and visitors to the City. Displays of public art are intended to create
interest in the arts, appeal to diverse audiences, and reflect historic events, trends
and local culture.
This policy establishes guidelines and procedures for the review, selection,
acceptance, donation, placement, deaccession, maintenance, and safe display of
temporary or permanent public art on, in, or as a part of City assets, property, and
rights-of-way to provide for the opportunity for the increased, sustained, safe, and
appropriate display of public art within the City.
Section 2.0: Scope
This policy impacts the following departments and governmental bodies;
1. Department of Public Works
2. Department of Recreation, Arts and Parks
3. Department of Planning & Development
4. All departments that manage a City owned property under the authority of
the City Manager
5. City Manager’s Office
6. Arts & Culture Commission
7. Conservation Commission
Section 3.0: Definitions
Public Art- Works of craft or art in any medium that has been reviewed against
adopted and standardized criteria, approved, and formally accepted for ownership
by the City for installation in public locations, public rights of way, in or on publicly
owned buildings, on publicly owned land, or in or on other locations leased or
provided to the City through donation, easement or other means for a period of not
less than five years duration. Public Art includes sculpture, murals, fountains,
statues, paintings, castings, columns, obelisks, architectural and design features
and any other form of two or three dimensional or digital art that is projected onto
a surface, displayed by light which may also have an audio component, work in any
medium appropriate for the location otherwise meeting the approval criteria.
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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Deaccession- is a procedure for withdrawal of a work of art from City ownership.
Public Way- the entire width between the boundary lines of any public highway,
street, avenue, road, alley, park or parkway, sidewalk, leisure way, or multi-use
path.
Public Property- Property owned or under the control of the City.
Art on the Roadway- This category includes mural projects on paved areas that
are accessible to motor vehicles, such as intersections, crosswalks, and other
surfaces within the active roadway.
Art in Pedestrian Space- Projects in this category are on paved areas that are
inaccessible to motor vehicles while the artwork is in place, such as curb and
sidewalk extensions as well as any surface that has been temporarily or
permanently converted into a public space or plaza.
Art on Vertical Infrastructure- This category features art projects installed on
vertical infrastructure, including utility boxes, traffic barriers, tunnels, retaining
walls and highway underpasses.
Graffiti Park- An arts park where the public is permitted to be artistically
expressive on the provided panels without violating existing rules and policies in
place for other public places.
Section 4.0: Policy Detail
The City allows individuals/organizations to create and display public art in and on
City‐owned public property and within City public ways, provided that the
artist/organizations proposing the artwork obtains a Public Art Display Permit and
complies with all guidelines set forth by the City.
Displays are restricted to the areas designated as available by the City. The City
retains the right to deny applications that do not comply with the provisions of this
policy.
Section 5.0: Procedures
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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5.1 General Criteria
Assuring the highest quality of aesthetic experience for the residents of and visitors
to the City is the primary criterion for approval of public art. The objective is to
develop a worthwhile, enduring, and varied collection of artwork in city buildings,
public spaces and other appropriate spaces.
In commissioning or accepting public art the following general criteria apply:
A. Media: All visual art forms and materials will be considered.
B. Style: Artwork reflecting any school, movement, method, or style will be
considered.
C. Range: Artwork may be functional or non-functional; conceptual or tangible;
portable or site-specific; including folk art, craft or fine art.
D. Character: Artworks must be appropriate in scale, media, style, and content to
the project and environment to which they will relate.
E. Permanence: Consideration should be given to structural and surface integrity
and the use of materials appropriate to the location so as to minimize or eliminate
maintenance and repair costs.
F. Public Safety/ Liability: Artworks and art places must be free of unsafe conditions
or other factors bearing on public liability.
G. Diversity: In approving works, the City will strive for diversity, reflecting the
social, ethnic and cultural fabric of the community.
5.2 Basic Requirements
A. The artwork/decoration should enhance its setting and help create a sense of
place.
B. Artwork/decoration must be suitable for display to a diverse audience including
children.
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New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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C. Displays/decoration that contain profanity, obscenity or explicit sexual imagery,
nudity, graphic depictions of violence or would create a hostile environment are not
permitted.
D. Artwork/decoration cannot display religious or political messages, or commercial
advertisement.
E. Providing space for artwork does not in any way obligate the City to assume any
liability or risk for the displayed materials nor does it constitute an endorsement of
the beliefs or viewpoints of the art/exhibit.
F. The City shall have the final determination on where artwork can be located.
G. The City shall have the right to use photos, video, or other visual depictions of
the artwork for publicity or other City purposes.
H. All materials used in the decoration/display must be provided, maintained, and
paid for by the applicant. Where available, the City and/or arts organizations or
other entities may provide material and/or monetary support to the applicant for
these installations. Applicants should also present a plan for the maintenance
and/or removal of the art installed.
I. The installed public art should be appropriate for the proposed site and its
surroundings, including considerations of architecture, topography, and physical
environment.
J. The installed public art should not adversely affect the natural environment.
K. Public accessibility in compliance with ADA requirements
L. Site requirements-Different environments and safety guidelines
M. Plaque identifying art and artist to be paid for by the applicant or sponsoring
body and provided by the City.
N. Maintenance plan
O. Any criteria deemed prudent by the Arts & Culture Commission
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New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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N. Compliance with City codes and state and federal regulations including, but not
limited to, the attainment of all necessary permits and license agreements
5.3 Materials and Design of the Art
1. Design of the art: If the piece will be openly displayed without supervision, the
pieces should be constructed with consideration given to the following points;
a) No sharp points, corners or edges that could cut or puncture unless installed at a
height greater than eight feet from any accessible horizontal surface.
b) Absolutely no protrusions or projections that could entangle clothing, possibly
causing strangulation
c) The absence of pinch, crush or shearing points that could entrap a body part or
clothing
d) The artwork design shall not cause hazards that could trap a child’s head.
Completely bound openings greater than 3.5 inches and less than 9 inches fall into
this hazard.
e) Tripping hazards that may cause a fall, or cause injury if fallen upon must be
avoided
f) Suspended hazards that could injure if capable of entangling or striking a
member of the public cannot be a part of the artwork
g) The art should be securely anchored to avoid toppling
h) Art on Roadways and Art on Pedestrian Ways shall contain materials that prevent
persons and vehicles from slipping. Non-slip or traction enhancing materials shall
be required if the artwork degrades the normal existing surface performance of a
street, sidewalk or multi-use path. Newly constructed surfaces on which artwork
will be added must meet the minimal traction capability of the surface whether it be
asphalt, concrete, wood, metal, plastic, tile or other material after the artwork is
applied.
i) All exposed elements of the work are made of durable, exterior-quality, water
resistant materials that are, to the highest degree practical, of color-fast materials
that resistant to sunlight and UV damage.
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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j) Materials used for public works of art must not contribute to the degradation of
the environment. The use of hazardous materials that pose a risk to the public
health, wildlife, domestic animals or vegetation are prohibited.
k) All connections, mountings, and hardware are made from non-ferrous metal or
other materials that will not degrade from exposure.
l) Attached elements, plaques, markers, or other fittings include vandal-deterring
hardware wherever applicable.
m) Depending upon the installation, efforts at reducing physical vandalism,
including graffiti must be employed to the greatest extent feasible given the
location. This may include high-placement to reduce access, the use of lighting at
night, or other physical barriers and passive methods that discourage damaging
behaviors. In order to reduce potential damage from graffiti and to ease cleaning
subsequent to any future vandalism, all exterior public artwork will be treated with
an anti-graffiti-coatings as practical.
5.4 Art on Roadways & Art on Pedestrian Ways
1. Safety
A. Art must not create safety hazards for motorists and pedestrians. Free flow
of traffic within the traveled portion of a roadway, sidewalk or multi-use path
and sight distance requirements must be maintained. The installation of Art
with highly reflective surfaces, colors, moving parts, or flashing or bright
lights or moving parts is strongly discouraged. However, each Art installation
will be analyzed on a case by case basis to determine if it could potentially
create adverse distractions or vehicular or pedestrian movements that could
interfere with traffic flow or compromise safety. Art that may distract or
confuse motorists or expose observers to undue risk will not be approved. Art
containing either moving parts or that simulates movement may be approved
after the City reviews safety considerations. Sculptures and freestanding Art
must be installed outside the traveled way along the perimeter of the
roadway and outside of sight distance areas. To avoid potential safety
hazards and to streamline the permitting process, the department that
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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manages the public way will be required to place the proposed artwork as far
from the travel lane as possible to avoid potential safety hazards. The
responsible department shall conduct a traffic safety analysis to ensure that
the traveled portion of the public way and sight distance requirements are
maintained and that the selected location and Art object(s) will not introduce
and expose road users to undue risks. On a case by case basis, Art may be
approved for placement in roadway medians when other applicable safety
standards are met.
B. If public access to the Art element is allowed or intended on low volume and
low speed roads, the Americans with Disabilities Act (ADA) requirements
must be met.
C. A Traffic control plan is required if the project will occur on a public way,
sidewalk or multi-use path.
2. Materials and Site Guidance
When it comes to materials, each project will require a different selection. Materials
will vary depending on the project’s desired use and duration. For most projects,
the selected paint should be mixed with a non-slip additive such as Shark Grip® to
avoid surfaces from becoming slippery once the installation is in place. Below is a
list of common products used for asphalt art projects that range from very
temporary to more permanent:
• Tempera paint
• Water-based field-marking paint
• Latex or acrylic household paint
• Acrylic traffic marking paint
(Roadzilla® MMA, Rustoleum®)
• Epoxy-based pavement coating
• Thermoplastic (TrafficPatterns®, DuraTherm®,
DecoMark®)
5.5 Permit Process
The display of public art on the property of the City requires a Public Arts Permit
issued by the City Manager in accordance with this policy. Applicants can be any
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New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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person, public/private/non-profit entity as well as a department or body of the City
itself. Prior to the issuance of any permit a review process shall be conducted as
detailed below;
1. City Manager’s Office-The permit process begins with the City Manager’s
Office where applications will be received and initially reviewed. The process
will end with the City Manager who will either approve or deny a permit
application.
2. Department Review-The application will be reviewed by the department
having management responsibilities for the property where the artwork is to
be displayed.
3. Arts & Culture Commission- The ACC will review all proposed public art
permit applications for content and may develop its own criteria in addition to
what is detailed in this policy regarding the recommendation for approval or
denial of the permit.
5.6 Public Art Relative to Trees
Decoration of city‐owned trees is limited and requires approval from the department
or body responsible for the property where the trees are located.
1. Department of Public Works for trees located along the public ways or on
other property managed by the DPW.
2. Department of Recreation, Arts & Parks for trees located in parks and other
property managed by RAP.
3. Trees located on conservation land under the jurisdiction of the Conservation
Commission would require the approval of that commission.
4. Trees located on the property of any other department such as the Library,
Police, Fire or Airport departments would require the approval of those
departments.
5.7 Relation to Sign Code
In placing and supporting public art on City owned and/or controlled sites, the City
acts as a patron of the arts and as a regulator. Public Art Permits approved under
this policy is subject to all City codes to include the sign provisions in the Zoning
Ordinance as well as building code requirements.
City of Lebanon
New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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5.8 Ownership/Copyright/Reproduction/Re-siting/Resale
A. Work purchased, commissioned or accepted as a donation shall be the property
of the City.
B. The City intends that the work shall remain accessible to public viewing for as
long as the City owns the work.
C. The City retains the right to transfer work from one City-owned site to another,
as it deems necessary, to place the work in storage, in another facility, or to make
a temporary loan to another agency or organization.
D. The City retains the right to deaccession works of arts it no longer desires to
retain as a component of public art.
5.9 Deaccessioning Works of Art
Deaccession is a procedure for withdrawal of a work of art from city ownership. This
may be recommended by the Arts & Culture Commission when the artwork has
deteriorated or been damaged and repair is unfeasible, or when it has been
determined by the Commission to be no longer appropriate for the site or for the
City’s public art collection. A work of art may be deaccessioned by the City
Manager for the following reasons:
1. Destruction, either by deterioration, vandalism, or accident to such an extent
that repairs or restorations are impractical or unfeasible.
2. On-going maintenance has become impossible or is prohibitively expensive.
3. Required changes by the City at the site will destroy the integrity of the work
because of its relationship to the site.
4. The authenticity, attribution, or genuineness of the item is determined to be false
or fraudulent.
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New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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5. Violation of this policy.
6. The license agreement has expired or has been terminated.
7. The project has not been completed during initially agreed upon timeframe;
abandonment.
8. The project is deemed to be unsafe or caused the location or surroundings to be
unsafe.
9. The City wishes to replace the artwork with a piece of more significance.
5.10: Graffiti Park at Riverside Community Park
Public art may be painted by any member of the public on any of the 8 white
aluminum composite panels at the Graffiti Park. Art painted at the Graffiti Park is
not subject to the other provisions listed in this policy, but the following rules must
be followed:
1. No hate speech, profanity, pornography, gang references, illicit drug
References, Extreme or Gratuitous Violence, or any other Content which
would be prohibited from public display due to its graphic, obscene or
pornographic nature. Any violation for the restricted content listed above
will be immediately covered and violator could be prohibited from painting
in the Graffiti Park.
2. Respect other artists work by not defacing any previously painted art. If
there are no panels available, artists may cover existing art in any one
color spray paint and begin a new painting.
3. Spray paint is the only allowed medium. No alterations to the panel
structures or additions to the Graffiti Park are permitted.
4. Lebanon Recreation, Arts & Parks has the right to reset walls to white at
any time regardless of the art displayed.
5. Commercial advertising is prohibited in the Graffiti Park.
Section 7.0: References (Charter/Code/State Statues)
1. Asphalt Art Guide, How to Reclaim City Roadways and Public
Infrastructure with Art, Bloomberg Associates 2019
2. NH RSA 236:55 Prohibition, regarding lighting along a highway
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New Hampshire
ADMINISTRATIVE POLICIES & PROCEDURES
Public Art
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3. City of Lebanon, Zoning Ordinance
Section 8.0: Policy & Procedure Revision History
Section Revisions Date
Original Adoption 7/9/2021
Amendment
Amendment
Amendment