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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 ❑ (SEE MINUTES) DENIED ❑ 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