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Ordinance No. 989 - Adding Chapter 2.38 to Title 2 Relating to Use of the City's Seal and Logos ORDINANCE NO. 989 AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ADDING CHAPTER 2.38 TO TITLE 2 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO USE OF THE CITY'S SEAL AND LOGOS THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council finds and determines as follows: In order to ensure the City's Seal and Logo are used in a manner that is consistent with the City's purpose and goals and to avoid harm or confusion to the public the City Council desires to adopt an ordinance to regulate their use. SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act ( CEQA")-pursuant to CEQA Guidelines, California Code of Regulations,Title 14, Chapter 3: (1) ection 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); and (2) Section 15060(c)(3) (the activity is not a project as defined in Section 15378), because the subject regulations have no potential for resulting in any significant physical change to the environment, directly or indirectly. SECTION 3. Amending Chapter 2.38. The Rosemead Municipal Code is amended to add Chapter 2.38 to Title 2 to read as shown in Exhibit A. SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this ordinance is, for any reason, held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. To this end the provisions of this ordinance are declared to be severable. SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this ordinance and publish in accordance with law. PASSED, APPROVED, AND ADOPTED this 22nd day of October, 2019. Margard Clark, Mayor ATTEST: APPROVED A S 0 FORM Erick Hernandez, City Clerk Rachel H. Richman, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City of Rosemead, County of Los Angeles, State of California, hereby attest to the above signature and certify that Ordinance No. 989 was first introduced at the regular meeting of October 8d', 2019 by first reading. Said Ordinance was approved and adopted by the City Council of the City of Rosemead at a regular meeting held on the 22nd day of October 2019, by the following vote: AYES: ARMENTA, CLARK, DANG, LOW, LY NOES: NONE ABSENT: NONE ABSTAIN: NONE Ericka Hernandez, City Clerk EXHIBIT A Chapter 2.38 Use of City Seal and Logos 2.38.010 City Seal. 2.38.020 City Logos. 2.38.030 Use of City Seal,City Logos,and Other City Logos. 2.38.010 City Seal. M, C 4M The City seal above,which has been created and used by the City since its incorporation is property of the City and hereby officially adopted by City Council. An official digital copy of the City seal is on file with the City Clerk. 2.38.020 City Logos. 104 OSE EAD Today's Small Town America The City Logos above which have been in use by the City since creation are City property and hereby officially adopted. An official digital copy of the City logos is on file with the City Clerk. 2.38.030 Use of City Seal,City Logos,and Other City Logos. A. The City Clerk has charge of the City seal,City logos,and any other City logos(which are approved by the City Manager)and will affix the City seal to all certificates and documents as may be required by law,by the code,or by ordinance of the City. B. All other uses of the City seal,City logos,and other City logos are restricted to official City business and such other appropriate uses that further the operations of the City as may be authorized in writing by the City Manager,or as otherwise specifically permitted in this code or City policy. C. Except where authorized by federal law,no person may make or use the City seal,City logos,and other City logos,or any cut,facsimile,or reproduction thereof,or to make or use any seal,logo,or any design which is an imitation of,in the design of,or which may be mistaken for the City seal,City logos,or other City logos,or the design,without the written authorization of the City Manager or the City Manager's designee. D. City officials,City employees,and members of the City Council,and members of the City boards and commissions, may use stationery,printed materials and other articles with the City logos,or facsimile of the City logos,and other City logos while acting within the scope of their office or employment or City elected or appointed position. E. No person,including any elected officer of the City,may use the City seal,City logos,or other City logos,or in any correspondence or other printed materials distributed in favor of or against any ballot measure or in favor of or against any candidate for public office. F. The City seal,City logos,or other City logos may be at times requested to be used by outside entities or agencies for events co-hosted or supported by the City.Requests must be submitted to the City Manager or the City Manager's designee,who has the sole discretion to approve or deny such requests,and to promulgate the manner,timing,and format of such requests.When considering such request,the City Manager or designee will consider the ultimate benefit to the City of such use,the effects of association by the City with the event or occurrence,the City's traditional sponsorship activities,and other criteria which shall be fairly and neutrally applied to all requestors.The City Manager is authorized to adopt policies to further provide for the permitted use of the City seal,City logos or other City logos. G. It shall be unlawful for any person to make or use the City seal,City logos,or other City logos of the City of Rosemead deceptively,fraudulently,or without express written permission from the City of Rosemead Unauthorized use of the City seal,City logos,or other City logos is a guilty of a misdemeanor. Such unauthorized use is also declared a public nuisance and the City can abate or enjoin such use pursuant to this code.