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Ordinance - 2244J ORDINANCE NO.2244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2 OF CHAPTER 1 OF THE WEST COVINA MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS ON THE USE OF THE CITY'S SEAL, LOGO, AND OTHER PROPRIETARY IMAGES WHEREAS, the City of West Covina wishes to officially designate the City of West Covina's Logo; and WHEREAS, outside organizations and businesses have utilized the City of West Covina's Logo or other proprietary images with consent of the City of West Covina, and WHEREAS, the City of West Covina desires to establish rules and regulations on the use of the City's Seal, Logo, and other proprietary images. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS: -SECTION 1. Section 2-1 of the West Covina Municipal Code is hereby amended to read as follows: 2.1 — City Seal, Logo and Images. (a) (1) City Seal: The city shall have and does hereby adopt an official seal in form as follows: An outer gold ring or circle with a serrated edge; within this gold ring there shall be an inner blue ring or circle bearing the words "HEADQUARTERS CITY" on the upper half, and the words "EAST SAN GABRIEL VALLEY" on the lower half; the outer gold circle and the inner blue circle shall be superimposed upon an outline of the State of California, which in turn shall be superimposed upon a surface depicting the East San Gabriel Valley in the foreground and the mountains in the distance; the location of the City of West Covina shall be depicted with a gold dot. Horizontally across the center of the gold and blue circles or rings, the words "WEST COVINA" shall be indicated in gold letters within a blue band. The city clerk shall be the official custodian of such seal. (2) City Logo: The city logo shall be triangular in shape with two straight sides intersecting in an acute angle at the bottom of the triangle and the top side forming a convex arc. The interior of the triangle contains a centered image of the sun above arcs to depict the sun rising over. hills. The city manager shall be the official custodian of such logo. (3) City Images: The city shall from time to time cause to be created images to represent the city that are not the official city seal or logo as referenced in subsections (a)(1) and (2) of this section, but have been commissioned to celebrate and/or commemorate notable occasions of or relating to the city. The city manager or his/her designee shall be the official custodian of such images. (b) The city seal, city logo and city images are the property of the City of West Covina. These images may share design elements but are used for different purposes. The seal is used for purposes of certifying official records and instruments of the city. The city logo and city images are graphic symbols used to identify city programs, initiatives, partnerships and sponsorships. These images are proprietary and shall not be used in any manner except for the official business of the city, and any other use(s) permitted by the city manager in conformance with subsections (c) and (d) of this section. (c) It shall be unlawful for any person to make or use the city seal, city logo, and/or city images, or any cut, facsimile or reproduction thereof, or make or use any design, symbol, emblem, insignia or similar device that is an imitation of said city seal, city logo, and city images, or that may be mistaken therefore, that is designed, intended or likely to confuse, deceive or mislead the public, for private or commercial purposes, or for any purpose other than for the official business of the city, its council, officers or departments, without the express written consent of the city clerk (seal only), city manager or their designees. Ordinance No. 2244 Page 2 (d) The city manager is authorized to develop, implement and administer appropriate policies and guidelines for use of the city logo and city images, including without limitation use in multi - communication mediums by authorized outside entities. Any person granted consent to use the city logo and/or city images shall fully comply with such policies and guidelines. (e) The city reserves all legal and equitable remedies available under State and Federal laws for the protection of its intellectual property. Additionally, any person or entity violating subsections (c) or (d) of this section shall be subject to a minimum mandatory fine of not less than $100.00 dollars per day, nor more than $750.00 dollars per day for each day the city seal, city logo or city images is unlawfully used. (f) The word "person" as used in this division shall include a person, firm, association or corporation, and whether acting as principal agent, employee or otherwise. SECTION NO. 2. If any part of this Ordinance, or its application to any person or circumstances, is held to be invalid, the remainder of the Ordinance, including the application or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of the Ordinance are severable. SECTION NO. 3. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. SECTION NO. 4. This Ordinance shall take effect thirty days from adoption. APPROVED AND ADOPTED on this 4th day of June, 2013. Shelley Sanderson ATTEST: City Clerk Lau" e Carrico ;r..... I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of May, 2013. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 41h day of June 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN Herfert, McIntyre, Sotelo, Sykes, Sanderson None None None APPROVED AS TO FORM: it , Attorney old Alvarez-Glasman CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2244 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, Assistant City Clerk Posted: