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.
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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.
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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.
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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)
