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HomeMy WebLinkAboutOrdinances_2940ORDINANCE NO. 2940 AN ORDINANCE OF THE CITY OF REDLANDS, CALIFORNIA, AMENDING REDLANDS MUNICIPAL CODE CHAPTER 1.08 ESTABLISHING REGULATIONS FOR CUSTODY AND USE OF THE CITY SEAL, LOGOS, BADGES AND PATCHES WHEREAS, the City desires to protect its official Seal and Logo from all unauthorized uses to prevent fraud, deception, misrepresentation, and/or abuse; WHEREAS, California Government Code § 34051.5 and California Elections Code § 18304 prohibits the use of the City seal in any campaign literature or mass mailing with intent to deceive voters; WHEREAS, the use of a reproduction or facsimile of a seal may create a misleading, erroneous, or false impression of an endorsement or authorization by the City or public official; and WHEREAS, the City Council seeks to ensure that the City Seal and City Logo are used only for purposes directly related to the official business of the City of Redlands, or as expressly authorized. THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 1.08 of the Redlands Municipal Code titled, "City Seal," is hereby re -titled and amended in its entirety to read as follows: "CHAPTER 1.08 CUSTODY AND USE OF THE OFFICIAL CITY SEAL, CITY LOGOS, BADGES AND PATCHES Sections: 1.08.010 Definitions. 1.08.020 Use of Official City Seal, City Logos Badges and/or Patches. 1.08.030 Prohibited Uses of City Seal, City Logos, Badges and/or Patches. 1.08.040 Penalties. 1.08.010 Definitions. The following words shall have the meanings set forth below when used in this Chapter: A. "Official City Seal" means the official City Seal of the City of Redlands as adopted by City Council Ordinance No. 2718. The official seal of the City of Redlands shall be in the form of a die approximately two inches ("2") in diameter. The form of the die shall be two (2) circles, one inside the other. Within the smaller circle shall be imprinted the words "Incorporated 1888," and within the larger circle and outside the limits of the inner circle shall be imprinted the words "City of Redlands California depicted below: 1 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la B. "City Logo" shall be the following image adopted as the official logo of the City of Redlands by action of the City Council on June 7, 2022: C. "Redlands Police Logo" shall be the following image adopted as the official logo of the Redlands Police Department: D. "Redlands Police Badge" shall be the following image adopted as the official badge of the Redlands Police Department: 2 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la E. "Redlands Police Patch" shall be the following image adopted as the official patch of the Redlands Police Department: Incorporated 1888 F. "Redlands Recreation & Senior Services Logo" shall be the following image adopted as the official logo of Redlands Recreation & Senior Services: Recreation & Senior Services G. "Official City Seal, City Logos, Badges and/or Patches" shall mean collectively the Official City Seal, the City Logo, the Redlands Police Logo, the Redlands Police Badge, 3 I:\Ordinances\Nos 2900-2999 in Word\2940 Ordinance Seal (CLEAN) Final.docx-la the Redlands Police Patch, and the Redlands Recreation & Senior Services Logo, unless expressly stated otherwise. 1.08.020 Use of Official City Seal, City Logos, Badges and Patches. A. The City Clerk or designee, acting as the Custodian of the Official City Seal as defined herein is authorized to use or affix the Official City Seal, as appropriate, to all certificates and documents as may be required by law, by this Municipal Code, or by City ordinance or resolution, to authenticate official City documents or to indicate institutional sanction for official, legal and ceremonial purposes. B. The Official City Seal, City Logos, Badges and/or Patches shall only be used for purposes directly connected with the official business of the City of Redlands, its City Council, City boards, commissions, committees, City officers, employees or departments, or for other city -related purposes upon written authorization of the City Clerk or designee for use of the Official City Seal and the City Manager or designee for use of the City Logos, Badges and/or Patches. C. The members of the City Council and City boards, commissions and committees, and any City officer or employee may use stationary, business cards, and other materials and articles printed by the City with the Official City Seal, City Logos, Badges and/or Patches only while acting within the scope of their office or employment. D. The Director of Facilities & Community Services shall designate the vehicles, equipment or other items of property belonging to the City to be affixed with the image of the City Logos, Badges and/or Patches, as appropriate. E. The City Council retains the right to create variations of the Official City Seal and any City Logos, Badges and/or Patches and to adopt and establish other official City seals and logos, badges and patches. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. The Official City Seal, City Logos, City Badges and/or Patches may only be altered pursuant to ordinance or resolution of the City Council. 1.08.030 Prohibited Uses of Official City Seal, City Logos, Badges and Patches. A. Except as otherwise provided for herein, it is unlawful for any person or entity to make use of the Official City Seal, City Logos, Badges and/or Patches or any portion, facsimile, mock-up, derivative or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said Official City Seal, City Logos, Badges and/or Patches or that may be mistaken therefor, that is designed, intended or likely to confuse or mislead the public, for private or commercial purposes or for any purpose other than the official business of the City. 4 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la No person, firm, association, or corporation shall use the Official City Seal and the City Logos, Badges and/or Patches or any facsimile thereof for purposes of supporting or opposing the nomination or election to any City or other public office of any person, or for purposes of supporting or opposing any ballot measure, nor include such Official City Seal or any City Logos, Badges and/or Patches on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to official writings issued by the City or the City Council as a whole pursuant to law. 1.08.040 Penalties. Unauthorized use of the Official City Seal, City Logos, Badges and/or Patches for malicious, deceptive, fraudulent, or other unauthorized purposes in violation of this Chapter is declared to be a public nuisance and the City can abate or enjoin such use pursuant to the Redlands Municipal Code. Violation of this Chapter shall be an infraction or misdemeanor, as determined by the City Attorney. Nothing herein prevents the City from using any other available civil and/or criminal remedies allowed by law to protect the Official City Seal, City Logos, City Badge and/or Patch from improper or illegal use. Section 2. WHEREAS, the City Council hereby determines that approval of Ordinance No. 2940 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the State's Guidelines implementing CEQA because it can be seen with certainty that adoption of the Ordinance will not cause any significant environmental effects and will not result in a direct or reasonably foreseeable indirect physical change in the environment. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this Ordinance are declared to be severable. Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. 5 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 20th day of December, 2022, by the following vote: AYES: Councilmembers Barich, Davis, Guzman -Lowery, Saucedo; Mayor Tejeda NOES: None ABSENT: None ABSTAINED: None onaldson, City Clerk 7 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la Eddie Tejeda, Mayor ATTEST: anne Donaldson, City Clerk 6 I:\Ordinances\Nos 2900-2999 in Word\2940_Ordinance_Seal (CLEAN) Final.docx-la