CITY OF FRESNO - PUBLIC WORKS DEPARTMENT
POLICIES AND PROCEDURES
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POLICY NUMBER: 220.02
POLICY NAME: ARTISTIC CROSSWALK POLICY
Responsible Division: Traffic Operations and Planning
Date Issued: September 29, 2022
Date Revised:
Approved by Assistant Director: Andrew Benelli/Signature on File Approved by Director: Scott Mozier/ Signature on File
Purpose: This policy is drafted to outline the procedures and processes for installing artistic crosswalks.
Through this policy, the permittee relinquishes all intellectual -property rights and moral rights (droit moral) in the artistic crosswalk, including but not limited to all such rights under the California Art Preservation Act; under the federal Visual Artists Rights Act of 1991; or under any other local, state, federal, or international laws that confer such rights, whether in effect on the date the permit is issued or enacted thereafter.
Policy: To establish the artistic crosswalk criteria, guidelines, and rights that conform to current local, state and federal guidance and rules for crosswalks. By establishing this process, the City of Fresno is not and does not intend to designate artistic crosswalks as public forums. To the extent an artistic crosswalk is determined to be communicative, it is to be understood as the City’s speech rather than the permittee’s speech.
A. Vision and Intent
Crosswalks are an essential part of a transportation network as they facilitate roadway crossings for pedestrians. The function, design, and appearance of crosswalks are governed by the California Manual on Uniform Traffic Control Devices (CA MUTCD) and the Federal Highway Administration (FHWA) Interpretation Letter 3(09)-24(I)-Application of Colored Pavement.
The City of Fresno regularly receives requests for permission from the public to install artistic crosswalks. The City of Fresno recognizes the desire to improve the visual quality of the streetscape and create a sense of place, character, or identity of a neighborhood or location.
B. Eligibility
An applicant must be an organization, such as a business o r neighborhood association that accepts responsibility for design, installation, maintenance, removal of an artistic POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division Page | 2
crosswalk, and is able to secure a street work permit for the artistic crosswalk.
Applications submitted by individuals shall not be accepted. Applicants must agree to comply with all permit requirements, including maintaining liability insurance for the applicant’s installation and maintenance of the artistic crosswalk, as evidenced b y an acceptable certificate of insurance. Applicants are encouraged to have community support for the proposed projects.
C. Location Requirements
1. The proposed artistic crosswalk must be
a. At a location where there is an existing marked crosswalk; or b. At an unmarked crosswalk location that meets the City of Fresno’s standards for installation of a marked crosswalk. If the proposed location is an unmarked crosswalk, the application may request installation of a marked crosswalk.
c
. If the City determines the location is appropriate for a marked crosswalk, the City will install the crosswalk in accordance with the City’s standards.
The City of Fresno is not responsible for the installation or repair of artistic crosswalks. The applicant is responsible for artistic crosswalk installation and/or repair of artistic crosswalks.
2. The proposed artistic crosswalk shall be at a location where a vehicle is currently required, by stop sign or traffic signal, to stop.
3. The proposed artistic crosswalk must be at a location that has a posted speed limit not exceeding 30 MPH and has a maximum of two through lanes.
4. The surface of the location of the proposed artistic crosswalk must be asphalt rather than concrete. (Material will not bond or be as durable when place d on concrete). The location’s existing asphalt pavement must be in good condition as materials will not bond if the pavement is in poor condition.
Public Works Department shall inspect the pavement condition for adequacy of a thermoplastic paint or street-grade paint used in the artistic crosswalk. If the Public Works Department finds the pavement in poor condition, the department will work with the applicant to find a different location that meets requirement of the criteria, guidance, and permitting process and has pavement in good condition. The City’s Traffic Engineer shall review each artistic crosswalk location to determine if it is on a corridor scheduled for near-term street maintenance (slurry, overlay, etc.). Proposed artistic crosswalk locations scheduled for near-term street maintenance may be held in abeyance until maintenance is completed.
POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
Page | 3
5. Approval of the location of an artistic crosswalk is at the discretion of the City’s Traffic Engineer.
D. Design Standards
1. Crosswalks shall contain two white transverse (horizontal) lines and comply with the most current CAMUTCD crosswalk standards. Artistic crosswalks must be within the two horizontal lines.
2. Transverse crosswalk lines shall be white except in school zones, where they shall be yellow.
3. Artistic crosswalks must not impair the visibility of the transverse crosswalk lines and must not be reflective.
4. The design of artistic crosswalks must be solel y for aesthetic purposes. Artistic crosswalks must not convey any political, religious, commercial, or other messages. In addition, designs must not contain logos, text, numbers, advertising, offensive symbols, three-dimensional graphics or geometric shapes (such as triangles and octagons) that could be confused with a standard traffic control device or legend.
5. Designs that could potentially distract a driver or could be confused with traffic signs or traffic pavement legends are prohibited.
6. The design shall contribute to the visual quality of the streetscape. For example, by using a limited palette of colors and simple graphic images to avoid visual clutter, taking into account the needs of persons with color deficiencies or partial sight (see, for example , United States Access Board’s website for further information).
7. If more than one crosswalk at an intersection is proposed as an artistic crosswalk, the design of all such crosswalks must create a unified aesthetic at the intersection.
8. Artistic crosswalks shall not extend to sidewalks, curbs, or gutters.
9. Examples of acceptable artistic crosswalk designs and materials include brick lattice patterns, paving bricks, paving stones, setts, cobbles, and other resources designed to simulate such paving.
10. All el ements of pattern and color for artistic crosswalks must be uniform, consistent, repetitive, and expected so as not to be a source of distraction. (MUTCD Office Ruling 3(09)-24(I) – Application of Colored Pavement).
POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
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E. Material and Paint Type
1. Artistic crosswalks must use a non-reflective street-grade or thermoplastic paint, which provides a non-slip surface for pedestrians, bicyclists, and those who use wheelchairs or other assistive-mobility devices.
2. Street-grade paint is typically an acrylic water -based emulsion pavement color coating. Typically, during application of acrylic asphalt paint and for a period of at least 24 hours after application, temperatures must be above 50 °F or higher and should not be applied in rain or when rain is in the forecast. Th ermoplastic paint is a durable heat -applied material often used for pavement markings.
Typically, during application of thermoplastic paint, the surface temperature must be 50°F of higher and the surface must be clean, dry, and free of debris.
3. Artistic cro sswalks must be installed in warm weather conditions in order to achieve appropriate pavement adherence.
4. Materials shall meet City and Caltrans standards for pavement markings.
5. Materials must be reviewed and approved by the City’s Traffic Engineer prior to permittee installation of the artistic crosswalk.
F. Application and Permitting Requirements
Each applicant must submit a completed application and street work permit.
A special events permit may also be required for installation of an artistic crosswalk.
After receiving a complete application, the City’s Traffic Engineer shall determine whether a proposed artistic crosswalk complies with the requirements of the criteria, guidance, and permit ting process, the CA MUTCD and applicable standards promulgated by the FHWA. If approved, the applicant becomes the permittee.
1. For City funded artistic crosswalk projects, the City Traffic Engineer will have final approval over the artistic crosswalk location, design and colors.
2. Artistic crosswalk installation and maintenance are not typical City services. Each applicant is responsible for all costs associated with the permit application process. Each permittee is responsible for all costs of material, pe rmits, maintenance related to the artistic crosswalk, and, when the permit for the artistic crosswalk expires or is terminated, for all costs of removing the artistic crosswalk and restoring the affected pavement.
POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
Page | 5
3. The Public Works Director shall have the authority to deny an application or terminate or revoke the permit at any time. Notice of a denial will be provided in writing to the applicant on file within 14 days of the denial. Notice of a revocation will be provided in writing to the applicant on file 30 days prior to the termination date. All appeals shall be submitted to the Public Works Director within 14 days of the notice of the application denial or permit revocation and will be forwarded to the City Council for consideration. The applicant is responsible for all costs of removing the artistic crosswalk and restoring the affected pavement.
G. Waiver of Artist’s Rights
1. A creative crosswalk installed under this policy is not intended to be and is not public art; a work of fine art under the California Art Preservation Act (Civil Code § 987); or a work of visual art under the Federal Visual Artists Rights Act of 1991 (17 U.S.C. §§ 106A & 113(d)).
2. The City will not issue a creative -crosswalk permit to an applicant until the applicant has obtained from each individual who will design or install the creative crosswalk, and has submitted to the City, a signed writing, addressed to the City, in which the individual — 1. waives all intellectual-property rights or moral rights (droit moral) the individual might have in the creative crosswalk, including but not limited to all such rights (a) under the California Art Preservation Act; (b) under the Federal Visual Artists Rights Act of 1991; or (c) under any other local, state, federal, or international laws that confer such rights, whether in effect on the date the permit is issued or enacted thereafter; and 2. agrees that the City, in its sole discretion and without providing any notice or compensation to the individual, may remove the creative crosswalk if:
a. The permittee fails to remove the creative crosswalk as this policy requires when the permit expires or is revoked;
b. State or federal law requires removal;
c. The City must remove the creative crosswalk to perform maintenance on the street; or
d. The City’s Traffic Engineer determines that the creative crosswalk constitutes a hazard to pedestrian or vehicular traffic.
POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
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e.
H. Maintenance
Each permittee shall maintain liability insu rance that names the City as an additional insured as long as the artistic crosswalk is in place and must provide the City with an acceptable certificate of insurance before installation of the artistic crosswalk and before performing maintenance on the ar tistic crosswalk. Each permittee is responsible for all permitting fees.
Each permittee must have a plan, approved by the City’s Traffic Engineer that provides for the continued maintenance of the artistic crosswalk, including periodic paint touch-ups and repainting.
Each permittee must agree to the following in a signed writing approved as to form by the City Attorney:
1. That the City will maintain transverse crosswalk lines and other traffic control devices but assumes no responsibility for maintaining the artistic crosswalk.
2. That the City, telecommunication companies, utility companies, Underground Service Alert, and other entities that work within the public right -of-way on roadways are not responsible for damage to, or alteration of, the artistic crosswalk and are not responsible for damage to, or alteration of, the artistic crosswalk and are not responsible for repairing damage to the artistic crosswalk.
3. That the City performs maintenance on its streets, such as overlays and slurry seals; that such maintenance may require the removal of covering of an artistic crosswalk; and that the City will not reinstall the artistic crosswalk, although the permittee may reinstall the artistic crosswalk at permittee’s cost.
4. That the City may revoke the artistic crosswalk permit at any time by written notice to the permittee.
5. That the permittee must promptly remove the artistic crosswalk and restore the crosswalk to it condition before installation of the artistic crosswalk, all at no cost to the City, upon receiving a revocation notice or the City’s written request for removal, or when the artistic crosswalk permit expires.
POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
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6. That the permittee relinquished all intellec tual property rights and moral rights (droit moral) in the artistic crosswalk, including but not limited to all such rights under the California Art Preservation Act; under the Federal Visual Artists Rights Act of 1991; or under any other local, state, fed eral, or international laws that confer such rights, whether in effect on the date the permit is issued or enacted thereafter.
I. Relevant Local, State and Federal Rules
The relevant local, state, and federal rules as of the date of this policy are set out below. But these rules are subject to change without notice. Applicants should refer to state and federal rules in effect at the time of application, and a permittee should refer to the local, state and federal rules in effect while the artistic crosswalk is in place.
City of Fresno Installation of Uncontrolled Crosswalks
Relevant section:
• Evaluation criteria for marked crosswalks.
California Manual on Uniform Traffic Control Devices (CA MUTCD) 2014, Revision 6
Relevant sections:
• Section 3B.18 Crosswalk Markings Paragraph 01: Crosswalk markings provide guidance for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops.
• Section 3B.18 Crosswalk Markings Paragraph 08: Crosswalk lines should not be used indiscriminately.
• Section 3B.18 Crosswalk Markings Paragraph 17: Crosswalk markings should be located so that the curb ramps are within the extension of the crosswalk markings.
• Section 3B.18 Crosswalk Markings paragraph 21: In general, crosswalks should not be marked at intersections unless they are intended to channelize pedestrians. Emphasis is place on the use of mark crosswalks as a channelization device.
• Section 3G.01 Colored Pavements Paragraph 02: If non-retroreflective colored pavement, including bricks and other types of patterned surfaces, is used purely aesthetic treatment and is not intended to communicate a regulatory, POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
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warning, or guidance message to road users, the colored pavem ent is not considered to be a traffic control device, even if it if located between the lines of a crosswalk.
• Section 3G.01 Colored Pavements Paragraph 6: Colored pavement located between crosswalk lines should not use colors or patterns that degrade the contrast of white crosswalk lines or that might be mistaken by road users as a traffic control application.
FHWA Interpretation Letter 3(09) -24(I) –Application of Colored Pavement Treatment in Crosswalks, August 15, 2013 Excerpts Relevant to Artistic Crosswalks:
Colored Pavement in Crosswalks
In the late 1990s, the marketplace introduced and promoted aesthetic treatments for urban streetscape environments that included the opportunity to install a range of colors and a multitude of patterns. The most popul ar opportunity to implement these treatments was between the legally marked transverse lines of crosswalks.
This was typically done as part of larger efforts by cities to enhance the aesthetics of an area.
The FHWA’s position has always been and continues to be that subdued-colored aesthetic treatments between the legally marked transverse crosswalk lines are permissible provided that they are devoid of retroreflective properties and that they do not diminish the effectiveness of the legally required white transverse pavement markings used to establish a crosswalk. Examples of acceptable treatments include brick lattice patterns, paving bricks, paving stones, setts, cobbles, or other resources designed to simulate such paving. Acceptable colors for these materials would be red, rust , brown, burgundy, clay, tan, or similar earth tone equivalents.
All elements of pattern and color for these treatments are to be uniform, consistent, repetitive, and expected so as not to be a source of distraction. No element of the aesthetic interior treatment is to be random or unsystematic. No element of the aesthetic interior treatment can implement pictograph s, symb ols, multiple color arrangements, etc., or can otherwise attempt to communicate with the roadway user.
Patterns or colors that degrade the contrast of the white transverse pavement markings establishing the crosswalks are to be avoided. Attempts to inte nsify this contrast by increasing or thickening the width of the transverse pavement markings POLICY TITLE Artistic Crosswalk Policy
Policy Number: 220.02
Date Issued: September 29, 2022
Date Revised:
Responsible Division: Traffic Operations and Planning Division
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have been observed in the fields. These att empts to increase contrast are perceived to be efforts to circumvent the contrast prerequisite so that an intentional noncompliant alternative of an aesthetic interior pattern or color can be used.
Further techniques to install an empty buffer space between an aesthetic treatment and the interior edge of the white transverse crosswalk markings have also been observed in the field. This strategy is also perceived to be an attempt to circumvent FHWA’s prior position on contrast. However, an empty buffer space between a subdued colored, un iform patterned aesthetic treatment can be implemented to enhance contrast between the aesthetic treatment and the white transverse pavement markings. When used properly, buffer spaces can be an effective tool to disseminate a necessary contra st in order to visually enhance an otherwise difficult to discern white transverse crosswalk marking, provided that the aesthetic treatment conforms to the conditions in the preceding paragraph.