Chapter 1.16
CUSTODY AND USE OF CITY SEAL AND CITY INSIGNIA
Sections:
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.
1.16.010 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. (Ord. 824 § 1, 2019)
1.16.020 Designation of City seal and logo.
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 two inches at its widest diameter with two concentric ovals. 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.” (Ord. 824 § 1, 2019)
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.
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 nondiscriminatory manner. (Ord. 824 § 1, 2019)
1.16.040 Prohibited uses of City seal 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. (Ord. 824 § 1, 2019)
1.16.050 Penalties.
Violation of this chapter shall be an infraction or misdemeanor, as determined by the City Attorney, and punishable by a fine not exceeding $500.00, 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. (Ord. 824 § 1, 2019)