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Public Art Policy
Public art serves as a crucial component in the City of Muskegon’s civic and cultural life. The City intends
to integrate a wide range of artworks reflecting diverse artistic disciplines and points of view into public
locations throughout the community. In support of this goal, this document outlines the policy that
facilitates the development of public art throughout the City. This policy is intended to regulate the
following forms of public art:
• Long-term placement of publicly-owned art
• Short-term placement of art
• Street art
Long-term placement of publicly-owned art
The acceptance of ownership and long-term placement (more than one month) of gifts of works of public
art and memorials shall be decided by the City Commission and shall be subject to the following criteria:
• The work supports a high standard of visual aesthetics on public property.
• The materials used in, placement of, and financial arrangements for the work shall minimize the
cost and any detrimental impact upon City operations which may result from accepting, placing,
and maintaining the work.
• The work shall be placed and maintained in a way that preserves the primary intended use and
does not detrimentally affect the character of the public space in which it is placed.
• The relationship of the work to the site and community must enhance the public space. The art
will need to activate or enhance the public space and be of an appropriate scale related to its
location/placement. The artwork must not interfere with or deter from the view, aesthetic, and
enjoyment of nearby public works of art.
• To the extent reasonably practicable, the work should be accessible to all persons. Artworks
displayed in interior public spaces should be publicly accessible at least during normal building
operating hours without obtaining special passes or permits to view them.
• Memorials to be erected on City-owned property shall be in remembrance of a person or persons,
concept, or event that has a positive meaningful significance to the Muskegon community as a
whole.
• The work and its placement shall not endanger the public health, safety, or welfare. Specifically,
it shall:
o Be structurally sound and durable enough to withstand the elements and other
conditions to which it may be subjected;
o Not adversely affect nearby utilities, facilities, or infrastructure;
o Not impair pedestrian, bicycle, or vehicular traffic safety; and
o Not adversely affect the physical conditions of the site on which the piece is located by
causing erosion, corrosion, hazardous runoff, unduly increase maintenance costs, etc.
• The work or its display shall comply with all other applicable laws, rules, regulations, City policies,
contractual requirements, and grant requirements, and shall not void or invalidate any warranties
or guarantees applicable to City-owned improvements, structures, facilities or equipment.
• The work shall not display political, religious, or commercial messages
• The work shall not be altered in any way, including incorporating it into holiday decorations,
without prior approval of the City Manager.
Short-term placement of art
The short-term placement (less than one month) of art and memorials placed in public rights-of-way shall
generally be subject to the same criteria as long-term placement. However, because such exhibitions or
displays are temporary, strict adherence to all those criteria may not be necessary. For example, the
durability and arrangements for maintenance are not as significant because the work will be removed at
the end of an event. An agreement must be made with the City to remove the artwork at the agreed upon
date. The agreement must outline who is responsible for the cost and actual removal of the piece.
Street art
Street art includes the addition of pictures or decorative flourishes to components of City rights-of-way,
including sidewalks, crosswalks, intersections, parking spaces, street lighting and traffic signal facilities,
utility facilities, pathways, and other public spaces and infrastructure.
Consideration of street art shall be subject to the following in addition to that listed for short-term
placement of art:
• It shall not result in the violation or breach of any federal or sate laws, guidance, interpretations,
letters, and regulations including, but not limited to, the Michigan Manual of Uniform Traffic
Control Devices and documents from Federal Highway Administration. Compliance with local
laws, City codes and policies, rules, guidelines, grants, or contracts shall also be required.
• Displays shall not resemble a type of traffic sign or control device (e.g. arrows, letters/words,
numbers); conflict with traffic markings; or be directly proximate to, or interfere with, a traffic
control device (e.g. crosswalks).
• Placement shall not impede traffic or cause any traffic concerns.
• The art shall not shorten the useful life of or increase maintenance costs of any equipment,
facilities, or other City property, and shall not void or invalidate any warranties or guarantees
applicable to City-owned improvements, structures, facilities or equipment.
• The City retains the right to alter, repair, move or relocate any street art, or authorize said work
by others, if deemed necessary for the health and safety of the public, general or emergency
maintenance of facilities, construction activities, or any other purpose deemed necessary. The
City need not notify the original applicant or any other party when street art will be altered,
repaired, removed or relocated.
• The work shall not display political, religious, or commercial messages.
Proposals & Approvals
Proposals for temporary placement of Public Art and Street Art shall be reviewed by the City Manager
who shall consult such City staff and outside persons as the City Manager deems necessary or appropriate.
The City Manager shall keep written records of proposals and his actions on proposals, including the
person(s) consulted regarding proposals and the reasons for the actions taken.
Proposals for permanent placement of Public Art and for City ownership shall be reviewed by the City
Commission, contingent upon the following conditions which shall be agreed upon in writing with the
donor.
• The donor assumes responsibility, including any costs, for the installation of the work.
• Works intended to be a permanent installation must include proper engineering documentation.
• Ownership of the work, including certain rights under federal law, is relinquished to the City.
• The donor provides any insurance required by the City Commission.
• The City retains the right to alter, repair, remove or relocate any piece if the use of the site changes
or if deemed necessary for the health and safety of the general public. Should the piece be
removed, the City will attempt to return it to the donor or artist if requested and of reasonable
cost.
• Any warranty applicable to the work or its installation shall be in the name of, assigned to, or
otherwise be enforceable by the City.
• Financial arrangements or assurances must be made to avoid any lingering adverse impacts and
to address any damage to or additional maintenance costs for any affected City property. A
security deposit, bond, or other security deemed appropriate by the City Commission may be
required.
Decommissioning
The City Commission may decommission artwork in the City’s collection when they determine it is in the
best interest of the City. The City’s sale of any Public Art work shall also require the approval of the City
Commission.
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