City of Signal Hill Cherry Avenue Signal Hill, CA

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1 City of Signal Hill 2175 Cherry Avenue Signal Hill, CA November 12, 2008 AGENDA ITEM TO: FROM: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CHARLIE HONEYCUTT DEPUTY CITY MANAGER SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 1.02 TO THE SIGNAL HILL MUNICIPAL CODE REGARDING USE OF THE CITY SEAL AND CITY LOGO Summary: The City seal and logo are the property of the City of Signal Hill and have been designated to identify official City business, facilities, events, and publications. Staff will present an ordinance for City Council consideration that will add a chapter to the Signal Hill Municipal Code specifying allowable and prohibited uses of the City seal and logo. Recommendation: Waive further reading and introduce the following ordinance, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ADDING CHAPTER 1.02 TO THE SIGNAL HILL MUNICIPAL CODE REGARDING THE USE OF THE CITY SEAL AND CITY LOGO Fiscal Impact: No impact. Background: The City seal and logo are the property of the City of Signal Hill and have been designated to identify official city business, facilities, events, and publications. The City does not have a policy nor does the Signal Hill Municipal Code contain a

2 Ordinance Relating to the Use of the City Seal and Logo November 12, 2008 Page 2 provision regulating the use of the seal and logo. Therefore, there is no mechanism to prevent unauthorized use that could lead to public misperception that an event, endorsement, or position is officially sanctioned by the City. Analysis: Staff has prepared an ordinance that designates the City Clerk as the custodian of the City seal and logo, establishes that the City seal and logo shall only be used to conduct official business, and makes the unauthorized use or reproduction of the City seal or logo a misdemeanor. The ordinance also establishes an official City flag that depicts the City seal. Under this ordinance, the seal and logo may be used as follows: Placed on stationary or other written or printed materials used for individual correspondence by City officials or employees for official city business. Placed on printed material for political purposes such as to support or oppose state or federal legislation, statewide referendum, initiative, or other ballot measure when specifically authorized by the City Council. Placed on uniforms, name badges, clothing, and other identification materials worn or used by City officials and employees. Placed on promotional items such as plaques, pins, and mugs if approved by the City Manager. Prohibited uses of the seal and logo include: Making, reproducing, manufacturing, displaying, or using the seal or logo or any design so closely resembling the same as to be deceptive or reasonably mistaken for the City seal or logo for any purpose other than official City business, City sponsored event or publication, or City endorsed event or publication without the consent of the City Council. Using the City seal or logo for any private or commercial purpose without the approval of the City Council. Placing any imitation of the City seal or logo on any written or printed material that is intended or likely to confuse or mislead the public into believing it to be an official City publication. Nor may any person circulate or distribute any such written or printed material.

3 Ordinance Relating to the Use of the City Seal and Logo November 12, 2008 Page 3 Using the City seal or logo on or in connection with any advertisement or promotion for any product, business, organization, service or article. Additionally, the ordinance also makes it unlawful for any event organizer to use in the title of the event the words the City of Signal Hill or City of Signal Hill. The event organizer is also precluded from using a facsimile of the City seal or logo without written authorization of the City. Any person violating the provisions of the ordinance will be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of the ordinance shall be subject to a fine of not more than $1,000 or imprisonment for a period not to exceed six months. Approved: Kenneth C. Farfsing

4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA, ADDING A NEW CHAPTER 1.02 TO THE SIGNAL HILL MUNICIPAL CODE REGARDING USE OF THE CITY SEAL AND CITY LOGO(S) WHEREAS, City of Signal Hill City Charter Section 106 provides that the City shall have an official seal, which may be changed from time to time by ordinance; and WHEREAS, pursuant to Charter Section 318(d), the City Clerk is the custodian of the City seal; and WHEREAS, the City seal should only be used when conducting official City business as unauthorized use of the City seal may mislead the public; and WHEREAS, California Election Code Section 18304(a) states that any person who uses or allows being used any reproduction, or facsimile of a seal of a local government agency in any campaign literature or mass mailing, with intent to deceive the voters, is guilty of a misdemeanor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIGNAL HILL HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 1.02 of the Signal Hill Municipal Code is hereby added, which shall read in its entirety as follows: Definitions. The term City seal means the official seal of the City of Signal Hill that was adopted by the Signal Hill City Council by minute order on February 16, 1988, or any reasonably similar copy, facsimile, imitation or replica thereof Description. A. The image of the City seal is described and shown below: Around the top half of the margin of the seal shall be 31 stars of which directly under shall be the words City of Signal Hill. The seal shows a Native American

5 woman watching a signal fire, with a cornucopia directly under depicting two oil derricks and two birds flying. There are five zinnias of orange, coral, yellow, lavender, and maroon along the bottom quarter. The City s incorporation year of 1924 is in the bottom center of the seal. B. The term general City logo means the official logo of the City of Signal Hill that is displayed on official City documents, stationery, and monument signs, the image of which is substantially the same as the form shown below: Use of City Seal and/or City Logo. The City Seal and City Logo are the property of the City of Signal Hill. The City Seal and City Logo are, and have been established and designated to identify official city facilities, events and publications. The impression of the City Seal/City Logo shall be made and used upon official documents executed by the city or its duly authorized officials. It shall be unlawful for any person to make, reproduce, manufacture, display or use the City Seal/City Logo, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the city seal, for any purpose other than for the official business of the city Use of City Seal Prohibitions. A. No person shall place the City Seal/City Logo or any copy, facsimile, or reproduction thereof on any written or printed material supporting or opposing any candidate or candidates for any elective public office or supporting or opposing any state or federal legislation or any local or statewide referendum, initiative, or other ballot measure, and no person shall circulate or distribute any such written or printed material containing or bearing the City Seal/City Logo or any copy, facsimile or reproduction thereof, except only as provided in SHMC

6 B. It shall be unlawful for any person to make, reproduce, manufacturer, display or use the City Seal/City Logo, or their design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the City Seal/City Logo, for any purpose other than for official city business, a city-sponsored event or publication, or a city-endorsed event or publication, without the approval of the city council. C. Unless specifically approved by a majority of the City Council, no person who is not an officer, employee or agent of the City shall place any copy, facsimile, imitation or replica of the City Seal/City Logo, or anniversary logo on any document so as to cause another person to reasonably believe that the document bearing the seal or logo was generated or approved by the City or that the person responsible for creating the document is employed by or is an officer of the City. D. It shall be unlawful for any person to use the City Seal/City Logo, or any copy, facsimile, imitation or reproduction thereof, for any private or commercial purpose, except upon the approval of the City Council. E. No person shall place any imitation of the City seal on any written or printed material which is designed, calculated, intended or likely to confuse, deceive or mislead the public or cause the reader of such written or printed material to believe it to be an official City publication, and no person shall circulate or distribute any such written or printed material in the City of Signal Hill. F. No person may use, or authorize the use of city stationery bearing the city seal for any purposes other than those set forth in Section unless specifically authorized by the city council. G. Except as authorized herein, the city seal should not be used on or in connection with any advertisement or promotion for any product, business, organization, service or article, whether offered for sale, for profit or offered without charge. H. No person, other than the city manager or the city-designated buyer, may print or order the printing of any city stationery bearing the City Seal or City Logo. prohibit: Use of City Seal Exceptions. SHMC shall not A. Use of the City seal or a copy, facsimile or reproduction thereof on written material in support of or in opposition to any state or federal legislation or statewide referendum, initiative, or other ballot measure when specifically authorized by the City Council.

7 B. Use of the City letterhead bearing the City seal by a member of the City Council for individual correspondence, or the reproduction and distribution of a City Councilmember s letter by the recipient thereof, at no cost to the City of Signal Hill. C. City Council may, by resolution, adopt a policy for the official use of the City seal, general City logo or anniversary logo by officers, employees and agents of the City, which policy may be in addition to the limitations included in this chapter. D. Use of city stationery or other written or printed materials by city officials or employees used in authorized and official city business. E. Use for embroidery or other placement on uniforms, named badges, and other clothing and identification materials worn or used by city employees and city officials. F. Use for printing on official city promotional and recognition materials, such as pens, plaques, coffee mugs and other similar items as may be approved by the city manager City Seal Commercial Use of. No person shall place the City seal or any copy, facsimile or reproduction thereof on any written or printed material other than that specified in SHMC , for any commercial, business or private purpose unless specifically authorized by the City Council Unlawful to use city name without authorization. It is unlawful for any event organizer to use in the title of the event the words the City of Signal Hill, or City of Signal Hill or facsimile of the seal or logo of the city of Signal Hill without city s written authorization Penalty. A. Any person or persons violating the provisions of this chapter shall be guilty of a misdemeanor and subject to penalties in accordance with Chapter 1.16 of the Signal Hill Municipal Code. Each and every day during any portion of which the provisions of this chapter are violated shall constitute a separate offense and may be punished accordingly. B. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment as provided in Chapter 1.16 of this code. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly (See California Government Code Section 18304).

8 Exceptions. A. No act of the city council or document in evidence thereof shall be invalid by reason of the omission of the city seal. B. Nothing in this article shall prevent a person from manufacturing or selling nondocumentary objects, such as souvenirs or decorative items, bearing the city seal as part of the design, provided that such person undertakes such activity pursuant to agreement with the city, approved by the city council or by such officer as the city council may designate, containing such requirements and limitations as the city council or such officer shall deem appropriate to assure that such use of the city seal is in good taste and in the best interests of the city City Flag. A. The City of Signal Hill shall have an official flag to be known as The Flag of the City of Signal Hill which shall depict the City seal. The City flag may be utilized at City facilities and for City business purposes as approved by the City Manager or designee. B. The City flag may be issued by the City to private business entities located in the City of Signal Hill under the restriction that the flag will be flown on a flag pole(s) in conjunction with the National and State flag, and will be flown in conformance with City, State and Federal flag statutes, protocols and guidelines. SECTION 2. Effective Date. This Ordinance shall take effect 30 days after its adoption. 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, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portions thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional.

9 PASSED, APPROVED and ADOPTED this day of December, ATTEST: MICHAEL J. NOLL MAYOR CITY OF SIGNAL HILL KATHLEEN L. PACHECO CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SIGNAL HILL ) I, KATHLEEN L. PACHECO, City Clerk of the City of Signal Hill, California, hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Signal Hill held on the day of, 2008, and thereafter was adopted by the City Council of the City of Signal Hill at a regular meeting held on the day of, 2008, and that the same was adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: KATHLEEN L. PACHECO CITY CLERK CITY OF SIGNAL HILL