"City Seal"
means the official seal of the City of Encinitas as adopted by City Council Resolution No. 87-73 on July 27, 1987. The City Seal of the City of Encinitas is described as a form of a die two inches in diameter; the form of the die is two circles, one inside the other.
Within the small circle is a view of the surf, sky and setting sun; to the central right is a bluff and directly below it, extending through the outer circle, a poinsettia; in the foreground is a beach with some vegetation and to the left foreground the head of a horse; above the horse is a bird with wings outspread, one extending into the outer circle; imprinted in the top of the outer circle is the words, "City of Encinitas" and at the bottom of the outer circle is the words "Incorporated 1986", as depicted below.
"City Logo"
means an illustrative logo, with a surfer at the top of a cliff overlooking the ocean and the words "City of Encinitas" to the right of the illustration. The design depicts the coastal bluff form based on Swami's Beach Park, and includes the form of a coastal Torrey Pine tree and the form of a person holding a surfboard. There is a vertical and a horizontal version, examples of which are set forth below.
"City Insignia"
means in addition to the City Seal and City Logo as designated by the City Council, any other logos, website banners, letterhead, business cards, or emblems depicting or including the City of Encinitas, as approved by the City Manager.
(Ord. 2021-05)
A. 
The City Clerk or designee, acting as the custodian of the City Seal, City Logo and any City Insignia, is authorized to use or affix the City Seal, City Logo and any City Insignia to all certificates and documents as may be required by law, by this Municipal Code, or by City ordinance or resolution, to authenticate official City documents or to indicate institutional sanction for official, legal and ceremonial purposes.
B. 
The City Seal, City Logo and any City Insignia shall only be used for purposes directly connected with the official business of the City of Encinitas, its City Council, boards and commissions, committees, officers or departments, except upon written authorization of the City Manager or designee.
C. 
City officers, employees, members of the City Council and members of City boards, commissions and committees may use stationery, printed materials and other articles with the City Seal, City Logo or City Insignia while acting within the scope of their office or employment.
D. 
The Director of Public Works shall designate the particular motor vehicle or other vehicles or items of property belonging to the City of Encinitas, or in connection with which replicas or near representations of the City Seal, City Logo or City Insignia shall be used. The City officers or employees having immediate charge or control of the motor vehicles or property shall obtain replicas of the City Seal, City Logo or City Insignia from the City Clerk and affix the same thereto and maintain the same thereon.
E. 
The City Council retains the right to create variations of the City Seal and City Logo, and to adopt and establish other official City Seals and City Logos. Such variations may include, but are not limited to, centennial or other seals or logos which mark anniversaries, events, and/or any other City occasion the City Council wishes to commemorate. The City Seal and City Logo may only be altered pursuant to ordinance or resolution of the City Council.
F. 
The City Manager or designee is authorized to determine the appropriate use of City Insignia. The City Manager shall not approve any use of the City Insignia in such a manner as to suggest City endorsement of events, political issues, products and other uses that are prohibited by law, or in a discriminatory manner or manner inconsistent with this chapter.
(Ord. 2021-05)
A. 
It is unlawful for any person or entity to make use of the City Seal, City Logo, and/or 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, City Logo, 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, City Logo, and/or 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 Seal, City Logo, and/or 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 Encinitas or the City Council as a whole pursuant to law.
C. 
Unauthorized use of the City Seal, City Logo, and/or City Insignia for commercial, malicious, deceptive, fraudulent, or other unauthorized purposes without the express written authorization of the City of Encinitas is declared to be a public nuisance and the City can abate or enjoin such use pursuant to this Municipal Code.
(Ord. 2021-05)
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, City Logo, and City Insignia from improper or illegal use.
(Ord. 2021-05)