AGENDA #4d

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

 

SUBJECT:       Response to Public Arts Commission Petition Regarding Arts ‘Round Town Event on Franklin Street

 

DATE:             March 24, 2003

 

 

The attached ordinance would amend the Town Code regulations on the sale of merchandise on sidewalks and public streets for a one day event and permit the Public Arts Commission to conduct the April 5, 2003, Arts ‘Round Town event, scheduled to be held on Franklin Street.  The ordinance would also authorize the use of planter box space for placement of artwork.

 

BACKGROUND

 

On February 24, 2003, the Public Arts Commission presented the Council information regarding the Arts ‘Round Town event scheduled to be held on Franklin Street on Saturday, April 5, 2003.

 

The Commission petitioned the Council to:

 

• Allow artists to place appropriately scaled and properly anchored three-dimensional artworks in some of the empty planter boxes on Franklin Street
• Allow the participating visual artists to sell their artworks during the Festival event

 

DISCUSSION

 

Section 17-77 of the Town’s Code of Ordinances states that “except otherwise provided in this article, it shall be unlawful for any person to display, by arranging…for the purposes of sale…any goods, wares, merchandise…of any kind on any public street or sidewalk within the town.”  The Code allows certain food sales to occur but, as written, prohibits the sales event proposed by the Commission.  In order to permit the event as proposed, we recommend that the Council enact a one-time amendment to the Town Code.

 

We also recommend that a follow-up report be provided to the Council with an evaluation of the event and, possibly, suggestions for consideration including the possibility that the event become a regular event and be treated in the same manner as the Town treats annual street fairs.

 

We understand that currently there are no plans to use the planter box space as none of the applications received to date would be appropriate for that space.  However, we believe that use of the planter boxes for the event would be acceptable so long as any artwork placed in the planter boxes did not harm the trees or the planters in any manner.

 

RECOMMENDATION

 

Manager’s Recommendation:  That the Council enact the attached ordinance, which would authorize the Public Arts Commission to sponsor the Arts ‘Round Town event sale of art on the sidewalk on Franklin Street on April 5, 2003, pursuant to a permit issued by the Town Manager.  The ordinance would also authorize the use of planter box space for placement of artwork.

 

We will provide a follow-up report after the event for the Council’s further consideration. 

 

ATTACHMENT

 

1.  Public Arts Commission’s February 24, 2003 petition (p. 4).

AN ORDINANCE AUTHORIZING A ONE TIME MODIFICATION TO ARTICLE VI, CHAPTER 17 OF THE TOWN CODE TO PERMIT THE PUBLIC ARTS COMMISSION TO SPONSOR THE APRIL 5, 2003, ARTS ROUND TOWN EVENT (2003-03-24/O-1.1)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

 

Section 1.  Chapter 17, Article VI, of the Town Code, is hereby revised by adding a new Section 17-79, to read as follows:

 

“Sec. 17-79.  Sale of Art Work Permitted on Sidewalk.

 

(a)    Notwithstanding any other provision of this Article, the Chapel Hill Public Arts Commission, upon issuance of a permit by the Town Manager, may conduct a one day event on the Franklin Street sidewalk, including the area between the sidewalk and the curb, and any planter boxes in this area, in the downtown between Henderson Street and Columbia Streets.

(b)   The Public Arts Commission may use this area for the display and sale of artworks by private artists under permits issued by the Commission.

(c)    Activities permissible under this Section shall not create a public safety hazard; shall not unduly interfere or impede the safe and orderly flow of pedestrian and vehicular traffic; and shall leave clear for pedestrian traffic a continuous area of paved sidewalk at least six (6) feet wide.

(d)   Sales under this section  shall not be conducted:

(1)   Within ten (10) feet of a fire hydrant, driveway, alley used by vehicles, or of a parking space for handicapped persons.

(2)   In any manner which damages or endangers any tree or shrub.

(3)   So as to interfere with any bus stop area.

(4)   In any area where the sale would be in direct conflict with the sale of food authorized by this Article.

(5)   In any area where the sale would be in direct conflict with any other activity for which the Town has issued a permit.

 

Section 2.  This Ordinance shall be effective upon enactment and shall permit a one day event on April 5, 2003.  In the event of rain, the one day sale may be conducted on April 12, 2003.

 

Section 3.  This Ordinance shall expire and be void on the day following the holding of the one day event authorized herein.

 

This the 24^th day of March, 2003.