2.97.020 Definitions.
A. The following definitions apply to this chapter:
1. “Government speech” means the speech of the city per the doctrine addressed in Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 115 S.Ct. 2510, 132 L.Ed.2d 700 [1995] and cases relying thereon. Under this doctrine, when the city retains the power to control the message conveyed, the statements and expressive actions are government speech of the city even if it uses other persons or entities to communicate its messages.
2. “Monument” means a marker, statue, or other similar permanent structures and installations to express government speech, as described and referenced in this chapter, and which are installed by the city on city property, or which are accepted by the city and installed on city property with city permission, and subject to the following:
a. Monuments may be in various forms including statues, fountains, buildings, or gardens among other forms of monuments as determined by the city.
b. Monuments do not include items dedicated in parks, such as benches, trees, small plaques (plaques not larger than five square feet in size), and other memorials with a dollar value that does not exceed $5,000, as determined by the estimated or anticipated cost of purchase or construction and installation or placement; provided, however, that if the monument requires a building permit, it shall be included in the definition of monuments.
c. Monuments do not include memorial signs as defined in the city’s memorial sign program (Chapter 12.68 ACC).
B. In the event that a question arises as to whether a proposal falls within the scope of this chapter or these definitions, or if a question arises as to how the proposal falls within the scope hereof, the city council shall have the sole discretion to decide such questions and to make determinations relating thereto. (Ord. 6480 § 1, 2013.)