A. Except as otherwise expressly provided by state or federal law, or when done in the course of official city business, it shall be unlawful for any person or entity to use the city seal, or any emblem or logo approved for city use by the City Council, or which is otherwise created by or for the city in connection with or to identify any official city program or activity, by affixing or otherwise depicting the city seal, or any such official emblem, or logo, or replica thereof, on any document, thing, item, or material, or in or upon any internet website, without first having obtained written permission from the city to do so as provided in this section. Each day of any unauthorized use of the city seal, or official emblem or logo, shall constitute a separate offense.
B. The City Manager or his or her designee (City Manager) shall authorize in writing the limited use of the city seal, or any official city emblem or logo, for a specific purpose by any person or entity (applicant) when all of the following criteria are met:
1. The use of the city seal, emblem, or logo, or any copy, facsimile or reproduction thereof, is for a city, local civic, local cultural, local charitable or other local non-profit, non-political purpose.
2. The applicant agrees not to use the city seal, emblem, or logo for commercial or other purposes not otherwise allowed by this section.
3. The applicant submits a complete application and pays a fee set by resolution of the city council for processing the application and administering this code section.
4. A sample or image thereof satisfactory to the City Manager of any document, item, material, or website page upon which the city seal, emblem or logo is to be used is submitted, and objective evidence of good quality and workmanship, or high production standards, as applicable, is presented establishing that use of the city seal, emblem, or logo, as requested, will not:
a. Discredit or impair the integrity of the seal, emblem, or logo;
b. Cause discredit or ridicule to the city in any manner;
c. Put the city in a false light; or
d. Falsely imply that the applicant is an employee, officer, or agent of the city; or be used for any political purpose.
C. The city shall retain the right, at all reasonable times, to inspect any document, item, material, or website upon which the city seal, emblem, or logo is used in order to verify that the city seal, emblem, or logo is being used truly and correctly as represented by the applicant and in an unaltered form.
D. Permission to use the city seal, emblem, or logo shall not be assignable.
E. The use of the seal, emblem, or logo may be subject to any reasonable conditions imposed by the City Manager to carry out the purposes of this section.
F. If, after receiving written permission, use of the seal, emblem or logo by the applicant fails to satisfy any of the criteria set forth above, the City Manager shall serve written notice of such violation upon the applicant with a request to cure or take appropriate affirmative action to cure the violation within thirty (30) days of the date of the notice. In the event the applicant fails to cure the violation to the satisfaction of the City Manager, the City Manager shall serve written notice personally, or by certified mail, to the applicant at the address on the application, that permission to use the city seal, emblem, or logo is terminated, and any further use shall be a violation of this section and a nuisance.
G. A violation of this section is punishable as a misdemeanor and the same may be enjoined through use of any and all available legal remedies.
(Ord. 1125, passed 8-4-09)