[Added 4-14-2015 by G.O.
No. 7-2015]
As used in this article, the following terms shall have the
meanings indicated:
The official seal of the City of Yonkers, including any cut,
facsimile or reproduction thereof.
Any City department or office logo, shield, mark, patch,
emblem or similar insignia, including any cut, facsimile or reproduction
thereof, that is created and used by the City to represent a specific
City department of office.
A.
The City Seal and any department logo are the property of the City
of Yonkers.
B.
The City Seal and a department logo may be used by City employees
and elected or appointed City officials in connection with the performance
of official City business or City-sanctioned events, including but
not limited to placement of the City Seal or department logo on City
vehicles, equipment, stationery, the City flag, department websites,
handouts for City training sessions, City brochures, City presentations,
City uniforms and City-issued articles of clothing, department news
releases and bulletins, City-sponsored events and City memorabilia
used to promote the City.
C.
The City Clerk or his/her designee is authorized to use the City
Seal on any local law, ordinance, resolution, proclamation, commendation,
certificate or other instrument approved by the City Council or executed
by the Mayor and other City officials and to use the City Seal to
authenticate official documents in the conduct of official City business.
A.
The City Council may approve other uses of the City Seal or department
logo by any person including but not limited to the following purposes
provided that such use promotes the interests of the City and is not
detrimental to the image of the City:
(1)
In an encyclopedia, dictionary, book journal, pamphlet, periodical,
magazine or newspaper incident to a description or history of the
City Seal or department logos:
(2)
In a library, museum or educational facility incident to descriptions
or exhibits relating to the City Seal, a department logo or the City;
(3)
In a theatrical, motion picture, television or similar production
exhibited for a historical, educational or other noncommercial purpose.
B.
Before any person is allowed to use the City Seal or any department
logo pursuant to this section, the person must:
(1)
Agree that the proposed use of the City Seal or any department logo shall conform to the permitted uses set forth in § 1-44A.
(2)
Submit samples of all documents, goods and other materials upon which
the City Seal or a department logo is to be used sufficient to demonstrate
that the proposed use of the City Seal or department logo is a faithful
reproduction and has not been altered in any manner.
(3)
Acknowledge the right of the City, at all reasonable times, to inspect
any item upon which the City Seal is used to ensure that the City
Seal is being used appropriately in an unadulterated form.
(4)
Execute an agreement approved by the City Council containing such
terms as may be required.
C.
Approval to use the City Seal or any department logo shall not be
assignable or transferable.
D.
The approval to use the City Seal or any department logo under this
section shall be limited to only the event or item for which approval
is granted.
E.
If a person who is authorized to use the City Seal or a department
logo pursuant to this article breaches any provisions of the agreement
for its use, the Corporation Counsel shall serve written notice of
such breach upon the person with a demand to take appropriate and
immediate affirmative action to cure such breach. Any failure to cure
the breach to the City's satisfaction shall be grounds for the
City's termination of permission to use the City Seal or department
logo and the Corporation Counsel shall pursue all steps reasonably
to restrain the improper use of the City Seal or department logo.
F.
The City may revoke a person's previously authorized use of
the City Seal or department logo upon finding false or inaccurate
information was submitted by the person to the City or he violated
any provision of this article.
The use of the City Seal or any department logo by any person
for the following uses is specifically prohibited:
A.
Except as provided in § 1-43, in connection with any advertisement or promotion for any product, business, organization or service whether offered for sale, profit or without charge.
B.
On any written or printed material 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, including circulating or distributing any such written
or printed material or to suggest or assert any City support or endorsement
of any product, goods or services.
Any violation of this article shall be a Class I offense. Each
day the use continues shall constitute a separate offense.