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CC SR 20240416 05 - Unauthorized Use of City Seal 01203.0001/970594.2 CITY COUNCIL MEETING DATE: 04/16/2024 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to introduce an ordinance establishing permissible uses of the official seal of the City of Rancho Palos Verdes. RECOMMENDED COUNCIL ACTION: 1) Adopt Ordinance No. ___, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20 (CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RANCHO PALOS VERDES FISCAL IMPACT: None ORIGINATED BY: Elena Q. Gerli, City Attorney REVIEWED BY: same APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Ordinance (page A-1) BACKGROUND AND DISCUSSION: Misuse or unauthorized use of the City’s official seal can cause confusion or misrepresentation that a statement, event, or organization is supported or endorsed by the City. Currently, the City does not have any protections within the Rancho Palos Verdes Municipal Code (RPVMC), or State or Federal Trademark law from the unauthorized use of the City’s “seal,” “logo,” and “insignia.” Therefore, adopting regulations on the use of the official seal is a preventative and proactive measure to prevent fraud, deception, and misuse of the City’s official seal and related marks. The RPVMC and other adopted policies do not have detailed regulations governing the use of the City’s official seal. Although state laws discussed above provide some limits upon the use of the City’s official seal to prevent misrepresentations, there is no regulation on whether the City’s official seal may be used, by whom, in what context, or in what capacity. Addressing such issues in advance can avoid controversy by preventing the assumption that City emblems are 1 01203.0001/970594.2 free-to-use because there is no policy. There is no State law specifically restricting the use of a City seal. There are State laws restricting the use of the Seal of the State of California (Gov. Code § 402), the Seal of the Assembly (Gov. Code § 447), and the Seal of the Senate (Gov. Code § 4 42); however, there are no laws specifically prohibiting unauthorized use of city seals. State law does designate the City Clerk as the custodian of the City seal (Gov. Code § 40811.), but the law does not detail such custodial duties and rights. Using the City’s official seal with intent to deceive voters into thinking the communication is from the City can be a violation of California Election law (Elect. Code § 18304.) Further, the unauthorized use of a City Seal with the intent of creating an impression that a document is authorized by a public official is punishable as a misdemeanor under California law (Gov’t Code § 34501.5) Federal Trademark law prohibits Cities from trademarking City Seals or other official “insignia.” (15 U.S.C. § 1052(b); In re Gov't of Dist. of Columbia, 101 USPQ2d 1588, 1597 n.14 (TTAB 2012), aff'd sub nom. In re City of Houston, 731 F.3d 1326, 108 USPQ2d 1226 (Fed. Cir. 2013). In Re County of Orange, No. 87419378, 2022 WL 3137036, at *3 (Aug. 4, 2022.) Modern technology makes it easy for anyone to capture the City’s official seal and use it to mislead or give the impression that a publication, event or item is authorized or sponsored by the City. City policies and/or ordinances can provide express and cl ear guidance to local officials, Staff and the public on the use of the City’s official seal. Express restrictions on the use of the City’s official seal gives the City further leverage in the event someone tries to pose as the City, and prevent fraud, deception, and misuse. The City Council is being asked enact an ordinance codifying the use of the official City seal subject to the following: Chapter 1.20 City Seal 1.20.010 Use of Official Seal. A. The City Clerk is the custodian of the official seal of the city of Rancho Palos Verdes. The official seal, also known as the city “logo” “seal,” and “insignia” is designated to identify official city facilities, events, and publications. The impression of the official seal shall be made and used upon official documents executed by the city or its duly authorized officials. Except as permitted by applicable law, it shall be unlawful for any person to make, reproduce, manufacture, display or use the official seal, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the official seal, for any purpose other than official business of the city, a city sponsored event, or publication and those matters expressly approved by the city council by resolution or by the City Manager or designee. 2 01203.0001/970594.2 1.20.020 Penalty. A. Any person, or entity who violates the provisions of this chapter is guilty of a misdemeanor, and may be punished in accordance with Chapter 1.08. B. Violations of this chapter are deemed public nuisances, and may be abated as such. C. Nothing herein shall be construed to limit the City’s ability to pursue any remedy at law or equity to remedy violations of this chapter. The City Council is being asked to introduce the attached ordinance (Attachment A) this evening and for the second reading to occur on May 7, 2024. If adopted, the ordinance will go into effect on the 31st day after the adoption of the second reading. ALTERNATIVES: In addition to Staff recommendation, the following alternative action s are available for the City Council’s consideration: 1. Direct Staff not to introduce the ordinance at this time. 2. Take other action, as deemed appropriate. 3 01203.0001/970605.2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, ADDING CHAPTER 1.20 (CITY SEAL) TO TITLE 1 (GENERAL) OF THE RANCHO PALOS VERDES MUNICIPAL CODE ESTABLISHING PERMISSIBLE USES OF THE OFFICIAL SEAL OF THE CITY OF RANCHO PALOS VERDES WHEREAS, the City of Rancho Palos Verdes has an official seal that the City Council desires to protect from unauthorized use by any person to prevent fraud, deception, misrepresentation, or abuse; and WHEREAS, the City Council of the City of Rancho Palos Verdes finds that the unauthorized use, reproduction, or facsimile of a City seal for any purpose may create a misleading, erroneous, or false impression that the document, item, statement, event, and/or organization is authorized, supported, and/or sponsored by the City or a public official; and WHEREAS, the City Council wishes to adopt this Ordinance to specify permissible uses of the official seal of the City of Rancho Palos Verdes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The above recitals are true and correct and are hereby adopted by reference. Section 2. Chapter 1.20 (City Seal) to Title 1 (General) is hereby added to read: Chapter 1.20 City Seal 1.20.010 Use of Official Seal. A. The City Clerk is the custodian of the official seal of the city of Rancho Palos Verdes. The official seal, also known as the city “logo” “seal,” and “insignia” is designated to identify official city facilities, events, and publications. The impression of the official seal shall be made and used upon official documents executed by the city or its duly authorized officials. Except as permitted by applicable law, it shall be unlawful for any person to make, reproduce, manufacture, display or use the official seal, or its design or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the official seal, for any purpose other than official business of the city, a city sponsored event, or publication and those matters expressly approved by the city council by resolution or by the City Manager or designee. A-1 01203.0001/970605.2 Ordinance No. Page 2 of 2 1.20.020 Penalty. A. Any person, or entity who violates the provisions of this chapter is guilty of a misdemeanor, and may be punished in accordance with Chapter 1.08. B. Violations of this chapter are deemed public nuisances, and may be abated as such. C. Nothing herein shall be construed to limit the City’s ability to pursue any remedy at law or equity to remedy violations of this chapter. Section 3. If any provision of this Ordinance is held invalid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid, and to this end, the provisions of this Ordinance are declared to be severable. Section 4. Effective Date. This Ordinance shall go into effect at 12:01 AM on the 31st day after its passage. A-2 01203.0001/970605.2 Ordinance No. Page 3 of 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Rancho Palos Verdes, California, on this 16th day of April 2024. John Cruikshank, Mayor ATTEST: Teresa Takaoka, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss CITY OF RANCHO PALOS VERDES ) I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. _______ was introduced by the City Council of said City at a regular meeting thereof held on April 16, 2024, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on ________, 2024, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ City Clerk A-3