HomeMy WebLinkAboutOrd 832 ORDINANCE NO. 832
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA AMENDING SECTION
11.45.020 [DEFINITIONS] OF CHAPTER 11.45 [ART IN
PUBLIC PLACES PROGRAM] OF TITLE 11 OF THE
CATHEDRAL CITY MUNICIPAL CODE.
WHEREAS, The City Council establishes the creation of the "Art in Public Places
Program" within Chapter 11.45 of Title 11 of the Cathedral City Municipal Code; and
WHEREAS, Section 11.45.020 currently defines "Art Education" as "...any
publically-available class, lecture, program or similar event related in some manner to the
arts, including, but not limited to, lectures, classes, concerts, forums, teaching
presentations or speaking engagements pertaining to the visual, auditory and/or cultural
arts."
WHEREAS, the City Council desires to modify the definition of "Art Education" to
encompass the breadth of potential uses and provide more specific guidance as to what
are permissible expenditures under the Art in Public Places Program.
THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS
FOLLOWS:
SECTION 1. AMENDMENT OF THE DEFINITION OF "ART EDUCATION" IN SECTION
11.45.020 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE
The definition of "Art Education" in Section 11.45.020 of Chapter 11.45 of Title 11
of the Cathedral City Municipal Code is hereby amended to read as follows:
"`Art Education' means the public service of providing activities or experiences
("activities") for the purpose of expanding the awareness, knowledge, understanding,
appreciation, or familiarity of members of the public with Art in all of its forms.
For the purposes of utilizing funding for Art Education, the term "Art" is to be construed
more broadly than "Art" as defined above and includes art expressed in any medium,
including, without limitation, painting, sculpture, photography, lithography and other
physical mediums, music, singing, spoken word, and other auditory mediums, plays,
films, dance, and other performance mediums, literature and poetry, art history and
interpretation, clothing and fashions, and cultural expressions. Art Education may be
provided by any reasonable means that best achieves the purpose set forth above
including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits,
tours, performances, writings, films, audio recordings, and similar means. Art Education
funds may also be expended to provide material related to such activities. An activity
qualifying for expenditure for Art Education funds must be reasonably available to
members of the general public. An activity will be considered reasonably available to
members of the general public where the time, date, and description of the activity has
been advertised via the city's website and social media for at least one week prior to the
activity, and either the activity is open to the general public or is open to members of the
public who timely reserve participation in the activity. Space for participants may be
limited, the activity may be provided for only a limited time, and a charge may be imposed
for participation in the activity. Activities may be held in the facilities of public entities, non-
profit or charitable organizations, and private facilities, provided that attendance of
activities must not be limited to members, owners, subscribers or other interest holders
in the private facility. Participation in certain activities may be limited to certain members
of the general public, such as youths, students, seniors, or other reasonable grouping
that does not constitute unlawful discrimination of a protected class. Art Education funds
must not be expended for prizes, gifts, or similar items."
SECTION 2. EFFECTIVE DATE.
This Ordinance shall be effective 30 days from and after its final passage.
SECTION 3. SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, then such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Cathedral City
hereby declare they would have adopted this Ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that
anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
SECTION 4. PUBLICATION.
The City clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this Ordinance to be published in the manner required by law using the alternative
summary and posting procedure authorized under Government Code Section 39633(c).
INTRODUCED at the regular meeting of Cathedral City City Council on the 22nd
day of January, 2020.
APPROVED AND ADOPTED this 12Th day of February, 2020, by the following vote:
Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tern Gregory and
Mayor Aguilar
Noes: None
Abstain: None
Absent: None
J n Aguilar, ':yor
ATTEST:
Trace R. Martinez. City CI rk
APPROVED S OFA '
Eric S. Vail, ity Attorney