Item 2.1 - Ord. Amending Ch.1.16 of the PMC Regarding Custody and Use of City Seal and InsigniaW"r City of Poway
�FMTMEco COUNCIL AGENDA REPORT
DATE: January 15, 2019
TO: Honorable Mayor and Members of the City Council
FROM: Tina White, City Manager
CONTACT: Nicole Murphy, Senior Management Analys�
nmurphy@poway.org
APPROVED
APPROVED AS AMENDED
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(SEE MINUTES)
DENIED
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REMOVED
❑
CONTINUED
RESOLUTION NO.
SUBJECT: Ordinance Amending Chapter 1.16 of the Poway Municipal Code
Regarding Custody and Use of the City Seal and City Insignia
Summary:
City staff has initiated a long -planned project to update various sections of the Poway Municipal
Code. This is the first of several updates and amendments that staff will be bringing forward
over the next twelve to eighteen months. The City Seal and City Insignia are personal property
of the City and the City can control their use as well as prevent other parties from unauthorized
use. Misuse or unauthorized use of the City's official seal and other City insignia can cause
confusion or misrepresentation that a statement, event, or organization is supported or
endorsed by the City. Although a person may be criminally prosecuted for the improper use of
the City's official seal if it is used in the context of campaign literature or mass mailings, there
are no other statutory prohibitions on the use of the City's official seal. Therefore, staff is
recommending adoption of regulations governing the use of the official City seal and other
insignia as a preventative measure to address potential fraud, deception, and misuse of the
City's official seal.
Recommended Action:
Conduct first reading of an Ordinance Amending Chapter 1.16 of the Poway Municipal Code
Regarding Custody and Use of City Seal and City Insignia.
Discussion:
The City of Poway Municipal Code (PMC) and other adopted policies do not have detailed
regulations governing the use of the City's official seal or other insignia. Chapter 1.16 of the
Poway Municipal Code contains a designation of the City seal but is silent on the use of it or
other City insignia.
California law makes it a misdemeanor to use city seals with the intention of creating an
impression that a document is authorized by a public official. (Gov't Code §34501.5) The use of
the City seal with the intent to deceive voters into thinking a communication is from the City can
be a violation of California election law. (Elect. Code § 18304.)
State law designates the City Clerk as the custodian of the city seal (Gov't Code §40811), but
the law does not detail such custodial duties and rights. The proposed ordinance confirms the
City Clerk's authority as the custodian of the city seal.
1 of 6 January 15, 2019, Item # 2.1
Ordinance Amending Chapter 1.16 of the Poway Municipal Code
January 15, 2019
Page 2
Although state laws discussed above provide some limits upon the use of the City's official seal
to prevent misrepresentations, there is no regulation on whether the City's official seal or
insignia may be used, by whom, in what context, or in what capacity. Modern technology makes
it easy for anyone to capture the City's official seal or insignia and use it to mislead or give the
impression that a publication, event or item is authorized or sponsored by the City.
Staff is recommending adoption of the attached ordinance to provide the City with a tool to help
ensure that the City Seal and other insignia are used only for purposes directly related to the
official business of the City of Poway, or as expressly authorized. The proposed ordinance
establishes and authorizes uses for the City seal and other insignia and will empower the City
Manager to administer a policy regarding the use of the City seal and other insignia by City staff.
Lastly, the proposed ordinance will establish civil fines of up to $500 and a misdemeanor
offense for malicious or commercial uses which are inconsistent with the public good.
Environmental Review:
The recommended action is not subject to the California Environmental Quality Act (CEQA).
Fiscal Impact:
There is no fiscal impact associated with adopting the attached ordinance.
Public Notification:
There is no public notification required for this item.
Attachments:
A. Ordinance Amending Chapter 1.16 of the Poway Municipal Code Regarding Use of the
City Seal and City Insignia.
Reviewed/Approved By: Reviewed By: Approved
`�
Wendy Kaserman
Assistant City Manager
Alan Fenstermacher
City Attorney
Tina M. White
City Manager
2 of 6 January 15, 2019, Item # 2.1
ORDINANCE NO. xxx
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING CHAPTER 1.16 OF THE POWAY MUNICIPAL
CODE ESTABLISING REGULATIONS FOR CUSTODY AND USE
OF THE CITY SEAL AND CITY INSIGNIA
WHEREAS, the City of Poway has a City Seal that is not protected from unauthorized use
by ordinance or copyright law; and
WHEREAS, California Government Code § 34501.5 and Elections Code § 18304 solely
protect city seals by prohibiting the use of a city seal in campaign literature or mass mailing with
the intent to deceive voters; and
WHEREAS, the unauthorized use, reproduction or facsimile of a city seal for any
purpose may create a misleading, erroneous or false impression that the document, item,
statement, event, and/or organization is authorized, supported, and/or sponsored by the City or
a public official; and
WHEREAS, the City desires to protect its official seal from all unauthorized uses to
prevent fraud, deception, misrepresentation, and/or abuse; and
WHEREAS, the City Council seeks to ensure that the City Seal and other City insignia are
used only for purposes directly related to the official business of the City of Poway, or as expressly
authorized.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 1.16 Title 1 of the Poway Municipal Code is hereby amended in its
entirety to read as follows:
"CHAPTER 1.16: CUSTODY AND USE OF CITY SEAL AND CITY INSIGNIA
Sections:
1.16.010
Definitions
1.16.020
Designation of City Seal and Logo
1.16.030
Use of City Seal and City Insignia
1.16.040
Prohibited Uses of City Seal and City Insignia
1.16.050
Penalties
1.16.010 Definitions.
A. "City Seal" and "City Logo" is as adopted by the Mayor and City Council on
December 29, 1981 by Resolution No. 197.
B. "City Insignia" is defined as the City Seal, City Logo, and City Flag as well as other
logos, website banners, letterhead, business cards, or emblems depicting or including City
Insignia as approved by the City Manager.
3 of 6 Attachment A January 15, 2019, Item # 2.1
Ordinance No.
Page 2
1.16.020 Designation of City Seal.
A. The seal and logo of the City of Poway, California shall be as follows:
B. The City Seal and City Logo is described as oval in shape, and widest diameter
with two concentric ovals. The city seal is two inches in diameter. Within the smaller oval shall
appear a design depicting Twin Peaks and the Espola Road Oak Tree with the words,
"Incorporated 1980." Within the larger oval and outside the limits of the inner oval shall be the
words, "City of Poway' and 'The City in the Country."
1.16.030 Use of City Seal and City Insignia.
A. Use of Seal and Logo. The City Clerk or designee, acting as the custodian of the
official seal of the city, is authorized to use the city seal on any ordinance, resolution, honoraria,
certificate, notarial jurat or acknowledgement, or other instrument necessary to authenticate
official city documents or to indicate institutional sanction for official, legal and ceremonial
purposes. The City Seal shall only be used for the official business of the City of Poway, its City
Council, boards and commissions, committees, officers or departments, except upon approval of
the City Council by ordinance or resolution. Except as provided for in this Section, no person,
other than the City of Poway, shall reproduce, use, give away, sell, or distribute any seal or logo,
or facsimile thereof, purporting to be or represented to be the City Seal or City Logo of the City of
Poway.
B. Additional City Seals. The City of Poway City Council retains the right to create
variations of the City Seal and City Logo and to adopt and establish other official seals. Such
variations may include, but are not limited to, centennial seals, or other seals which mark
anniversaries, events, and/or any other City occasion the City Council wishes to commemorate.
C. Amendment of City Seal. The City Seal may be altered pursuant to resolution of
the City Council.
D. Custodian of City Seal and other Council -adopted Seals. The City Clerk shall be
the official custodian of the City seal, and any other city seals adopted by City Council.
E. Custodian of City Logo and City Insignia. The City Manager shall be the official
custodian of the City Logo and City insignia.
4 of 6 January 15, 2019, Item # 2.1
Ordinance No.
Page 3
F. Use of City Insignia. The City Manager or designee, acting as the custodian of the
official City Insignia of the city, is authorized to determine the appropriate use of and to ensure
that City Insignia is used only on documents, property, and programs that reflect official city
business, ownership, or endorsement, and to identify persons duly elected or appointed to a city
position or office. In deciding the manner by which the city's official insignia may be utilized, the
City Manager shall endeavor to protect the city's brand, reputation and credibility by preventing
use of the insignia in such a manner as to suggest city endorsement of events, political issues,
products and other uses that are prohibited by law. The City Council may allow use of the insignia
in a manner consistent with this chapter and in a non-discriminatory manner.
1.16.040 Prohibited uses of city seals and city insignia.
A. It is unlawful for any person or entity to make use of the city seal and/or the city
insignia or any portion, facsimile, mock-up, or reproduction thereof, or make or use of any design,
symbol, emblem, insignia or similar device that is an imitation of said city seal or city insignia, or
that may be mistaken therefor, that is designed, intended or likely to confuse, deceive or mislead
the public, for private or commercial purposes or for any purpose other than the official business
of the city without the express written consent of the City Clerk or City Manager or their designees
under the authority granted by the City Council.
B. No person, firm, association, or corporation shall use the City Seal and/or the City
insignia, or any facsimile thereof for purposes of supporting or opposing the nomination or
election to any city or other public office of him or herself or any other person, or for purposes of
supporting or opposing any ballot measure, nor include such city insignia 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 writings issued by the City of Poway or the City
Council as a whole pursuant to law.
1.16.050 Penalties
A. Violation of this chapter shall be an infraction or misdemeanor, as determined by
the City Attorney, and punishable by a fine not exceeding five hundred dollars, or imprisonment
for a term not exceeding six months, or by both such fine and imprisonment. Nothing herein
prevents the City from using any other available civil and/or criminal remedies allowed by law to
protect the City Seal and City insignia from improper or illegal use.
SECTION 2: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code
§ 36933.
6 of 6 January 15, 2019, Item # 2.1
Ordinance No.
Page 4
Introduced and first read at a Regular Meeting of the City Council of the City of Poway, California,
held the 15th day of January 2019, and thereafter PASSED AND ADOPTED at a regular meeting
of said City Council held the **** day of February 2019.
Steve Vaus, Mayor
ATTEST:
A. Kay Vinson, Interim City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, A. Kay Vinson, Interim City Clerk of the City of Poway, California, do hereby certify that
the foregoing Ordinance No. ***, was duly adopted by the City Council at a regular meeting of
said City Council held on the _day of 2019, and that it was so adopted by the following
vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
A. Kay Vinson, Interim City Clerk
City of Poway
6 of 6 January 15, 2019, Item # 2.1