Ordinance No. 2023-13 Amending BIMC Section 3.80.030 Regarding Private Sources of Public Artwork (Approved 052323)Page 1 of 2
ORDINANCE NO. 2023-13
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the donation of public art to the City of Bainbridge Island; amending
Section 3.80.030 of the Bainbridge Island Municipal Code (BIMC) to
remove the existing process for the donation of public artwork from this
section of the municipal code and include public artwork in the City’s
general donation policy.
WHEREAS, the City of Bainbridge Island has had a donation policy for certain items
such as benches and other public amenities since 2014; and
WHEREAS, the City of Bainbridge Island included the process for consideration of a
possible donation of public artwork in its Public Art Program section of the municipal
code; and
WHEREAS, for simplicity, transparency and consistency, the City wishes to use the
same process for donation of public artwork as for other donations; and
WHEREAS, in order to add public artwork to the general donation policy, the process
for public art donation must be removed from the public art section of the municipal
code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 3.80.030 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
3.80.030 Private sources of public artwork.
In the event that a private source proposes to donate artwork to the city, the public works
director shall review the proposal and make recommendations to the city council
regarding the proposal in accordance with the city’s donation policy. The city council,
after consideration of the recommendation, may (1) accept the artwork as a gift to the
city, (2) accept the artwork as a loan to the city, or (3) not accept the artwork. If private
ownership in the artwork is retained, the private owner shall be responsible for any
insurance for, and the maintenance, repair, and replacement of, the artwork. (Ord. 2019-
12 § 3, 2019: Ord. 92-30 § 1, 1992)
Section 2. Severability. Should any section, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
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ordinance be preempted by state or federal law or regulation, such decision or preemption
shall not affect the validity of the remaining portions of this ordinance or its application
to other persons or circumstances.
Section 3. This ordinance shall take effect and be in force five (5) days from its
passage and publication as required by law.
PASSED by the City Council this 23rd day of May, 2023.
APPROVED by the Mayor this 23rd day of May, 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 19, 2023
PASSED BY THE CITY COUNCIL: May 23, 2023
PUBLISHED: June 2, 2023
EFFECTIVE DATE: June 7, 2023
ORDINANCE NUMBER: 2023 - 13