Board of Public Works-20221220-Packet

City of Bloomington Policy and Procedures on Private Art
Installations within the Public Right of Way

The City of Bloomington’s Policy and Procedures on Private Art Installations within the Public
Right of Way (“Policy”) authorizes private Art Installations in the public right of way that comply
with this document and are approved through one of two City programs: (1) the Neighborhood
Improvement Grant Program or (2) a Special Event Application.
This Policy is designed to reduce the risks to public safety and burden on public resources that
private Art Installations within the right of way may impose while simultaneously recognizing the
importance of private as well as public art to Bloomington’s culture, community, and economy.
I. Definitions. The following definitions shall apply throughout this policy.
A. Temporary Art. Art expected to remain in place within the public right of way for
seven (7) or fewer days.
B. Semi-Permanent Art or Permanent Art. Art expected to remain in place within the
public right of way for more than seven (7) days.
C. Art Installation. Temporary, Semi-Permanent, or Permanent Art that consists of a

physical alteration of the right of way, such as a painting, mural, or sculpture and
that is not Performative Art.
D. Street Painting or Street Mural. Art involving the placement of paint or a similar
material within the area where vehicles drive or park, commonly understood to be
the space “between the curbs.”
E. Performative Art. A time-based art form that is an ephemeral event featuring a live
presentation to an audience, drawing on such arts as acting, poetry, music, or dance,
and that does not involve the creation of an artifact (such as a painting or sculpture)
that physically alters the right of way beyond the time of the live performance.
1
F. Speech. Words, letters, numbers, universally recognized symbols, or logos of any
kind.
II. Performative Art. This policy does not apply to Performative Art. 1
III. Criteria Applicable to All Private Art Installations. The following criteria are applicable to
any private Art Installation proposed within Bloomington’s right of way, whether the Art
Installation is Temporary Art, Semi-Permanent Art, or Permanent Art.
A. Requests must be submitted to the appropriate City Department(s) and/or Board(s)

or Commission(s), as required by the selected program application identified in
Section VI below. Staff shall provide a recommendation on the request to the
appropriate Board(s) or Commission(s) based on the request’s compliance with this
Policy and any other applicable laws, rules, or City of Bloomington policies.
B. Art Installations may not use or incorporate copyrighted material in whole or part
where the copyright is not owned by the artist.
C. Art Installations may not mimic in whole or part traffic control devices including
but not limited to a crosswalk, stop sign, stop bar, or similar traffic control device.
Art Installation geometry should be such that drivers do not alter their course to
drive around the art.
D. Art Installations may not depict activities, materials, images, or products that are
not legally available to all ages.
IV. Additional Criteria Applicable to Semi-Permanent Art Installations or Permanent Art

Installations.
A. Applications for approval of a Semi-Permanent or Permanent Art Installation

within the right of way must include the following:
1. An accurate depiction of the design to scale;

2. Dimensions;
3. A map of proposed location of the design; and
4. The name and qualifications of the artist.
1
Though this Policy does not apply to Performative Art taking place within the right of way, other municipal policies
or ordinances may apply that impact Performative Art within the right of way, including but not limited to the City’s
parade ordinance or special event application process.
2
B. Semi-Permanent Art Installations or Permanent Art Installations may not contain
Speech.
V. Additional Criteria Applicable to Street Paintings or Street Murals. Because paintings and
murals within the street create a heightened probability of conflicts with traffic control
devices and driver distraction, the following additional criteria apply to all paintings or
murals proposed for street surfaces, whether as Temporary, Semi-Permanent, or Permanent
Art Installations.
A. Applications for approval of a Street Painting or Street Mural within the right of
way must include the following:
1. An accurate depiction of the design to scale;

2. Dimensions;
3. A map of proposed location of the design; and
4. The name and qualifications of the artist.
B. Street paintings and street murals may only be placed on streets with a local or
secondary collector functional classification under the City’s Transportation Plan,
where regulatory speed limits do not exceed 25 miles per hour.
C. Street paintings and street murals may only be placed on pavement in adequate
condition for materials to bond.
D. Street paintings and street murals are not permitted on brick, paver, or other
decorative surface materials (e.g., colored or stamped concrete). Street paintings
and street murals are only permitted on standard non-decorative concrete or asphalt.
E. A buffer of four feet must remain between street paintings and street murals and
any crosswalk.
F. Within an intersection, street paintings and street murals are only allowed where
the intersection utilizes all-way stop control, unless the painting or mural is located
on an apron.
G. Street paintings and street murals may not be painted on the side or top of any curb
or any curb ramp.
H. Materials used must be approved by the City’s Engineering Department.
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I. Any paint or similar material utilized as part of any street painting or street mural
must provide a non-slip surface for pedestrians and must be street-grade.
VI. Programs. Individuals and external organizations seeking to place private Art Installations
within the public right of way must apply pursuant to one of the programs listed below and
follow the procedures associated with the program, which are linked and attached hereto
for reference. Requests to place an Art Installation in the City’s right of way using a
program or procedure other than those listed below will not be considered.
A. Neighborhood Improvement Grant Program
1. Applications for Art Installations within the right of way pursuant to the
Neighborhood Improvement Grant Programs must comply with Program
guidelines, the criteria set forth in this Policy, and any additional logistical
or safety conditions imposed by the Board of Public Works as part of its
approval.
2. Neighborhood Improvement Grant Program guidelines may be accessed

here 2 and are attached for reference.
B. Special Event Permit
1. A special event application may be submitted for permission to conduct an

event during which an Art Installation will be placed in the public right of
way. The proposed Art Installation must comply with the criteria set forth
in this policy, the requirements set forth in the special event permit
application, and any additional logistical or safety conditions imposed by
the Board of Public Works as part of its approval.
2. A special event application may be accessed here 3 and is attached for

reference.
2
https://bloomington.in.gov/neighborhoods/grants/improvement
3
https://bloomington.in.gov/departments/esd

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City of Bloomington Policy and Procedures on Private Art

Installations within the Public Right of Way

I. Definitions. The following definitions shall apply throughout this policy.

C. Art Installation. Temporary, Semi-Permanent, or Permanent Art that consists of a

A. Requests must be submitted to the appropriate City Department(s) and/or Board(s)

IV. Additional Criteria Applicable to Semi-Permanent Art Installations or Permanent Art

A. Applications for approval of a Semi-Permanent or Permanent Art Installation

1. An accurate depiction of the design to scale;

1. An accurate depiction of the design to scale;

H. Materials used must be approved by the City’s Engineering Department.

A. Neighborhood Improvement Grant Program

2. Neighborhood Improvement Grant Program guidelines may be accessed

B. Special Event Permit

1. A special event application may be submitted for permission to conduct an

2. A special event application may be accessed here 3 and is attached for

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