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HomeMy WebLinkAboutOrdinance 2024-613ORDINANCE 2,024- 62t > AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING CHAPTER 5, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH, ENTITLED "OFFICIAL SEAL"; ESTABLISHING PERMISSIBLE AND PROHIBITED USES; CREATING A NEW SECTION 5-35 ENTITLED "OFFICIAL CITY LOGO"; CREATING A NEW SECTION 5-36 ENTITLED "PENALTIES"; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with Florida Statute Section 165.043, the City of Sunny Isles Beach, Florida, (the "City") adopted by Ordinance No. 98-12, an Official Seal; WHEREAS, Chapter 5, Article II, Sections 5-31, et seq., of the City's Code of Ordinances, entitled "Official Seal" generally prohibits uses of the City seal without the express written authority of the City Commission or its designee; and WHEREAS, the City seeks to provide more specific permissible and prohibited uses of both the official City seal and logo, and desires to protect its official seal and logo from all unauthorized uses to prevent fraud, deception, misunderstandings, and misrepresentations; and WHEREAS, the unauthorized use, reproduction, or facsimile of the City seal or logo for non -city approved purposes may create a misleading, erroneous, or false impression that the document, item, statement, event, person, and/or organization is authorized, supported, and/or sponsored by the City; and WHEREAS, the City Commission seeks to ensure that the City seal and City logo are used only for purposes directly related to the official business of the City, or as expressly authorized by the City Commission or City Manager; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:' Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Amendment of Chapter 5, Article II. Article II of the Code of Ordinances of the City of Sunny Isles Beach, Florida, entitled "Official seal," is hereby amended as follows: 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, deletions on first reading are shown as strikethFough and deletions on second reading are shown as do- ibl- Article 11 — City Seal & Logo Page 1 of 8 ARTICLE II. OFFICIAL CITY SEAL AND CITY LOGO § 5-31. Official Beall definitions.definedr As used herein, the official seal of the City of Sunny Isles Beach, Florida, shall mean the following identifying symboli attached as Exhibit "A" [ep file=o�th the city]. A. Likelihood of confusion exists when a person viewing any display, rendering or material that contains the seal could reasonably assume that it represents or is associated with the city or a city sponsored event. B. Nominal use is the incidental depiction of the seal in a manner that does not try to capitalize on the seal and where there is no indication of sponsorship or endorsement. C. Official capacity shall be narrowly construed and limited to the following, all of which must be in furtherance of the city functions, within the scope of delineated responsibilities, and acting in official capacity of the city: 1) Responsibilities delineated in section C-2.2 of the City Charter; 2) Actions taken by the city commission during commission meetings, workshops and sanctioned activities; 3) Official actions taken by the mayor and commission: 4) Actions by individual commission members in furtherance of city business or where permission has been granted by the city commission; 5) Acts taken by commission member(s) who have been appointed to serve as the official representative(s) of the city; 6) Events specifically authorized by the city commission; and 7) Actions taken by departments, instrumentalities, and employees of the City acting in their official capacities. § 5-32. Execution and acknowledgment of written instruments. A. Whenever it is necessary for the City under the authority of its City Commission, its Charter or Code and the general laws of the State of Florida executes contracts, deeds or other documents on behalf of the City, the official seal of the City shall be affixed to such contract, deeds or other documents. Article II —City Seal & Logo Page 2 of 8 16 B. City use of seal. The seal may be used by the city elected officials and city employees fo r: 1) Officially sanctioned events. 2) Regular business activities, including but not limited to, executing and acknowledging written instruments such as contracts, deeds, or other documents on behalf of the city. 3) Officially sanctioned city events and city -sponsored events. 4) Official letterhead, stationary, mailings, emails, brochures, posters, notices, communiques, and publications for use during or in connection with the city's regular business, city events, or city sponsored events or official commission member communications acting within the scope of their official capacities. 5) Other documents or materials that may have legal or ceremonial significance, such asproclamations, reports, or documents required by the city's charter or ordinances, such as the city budget, plaques, or other honorary items presented by the mayor or city commission. 6) In connection with displays on city property. The city, its agencies, departments, instrumentalities, quasi-judicial and advisory bodies, when acting within the scope of their official capacities, need not obtain commission approval for authorized uses of the logo or seal. § 5-33. Prohibition. A. It shall be unlawful and a violation of this Section for any person, firm, corporation or other legal entity to print for the purpose of sale or distribution or circulate, manufacture, publish, use, display, or offer for sale, any letters, papers, documents or items of merchandise which simulate the official seal of the City or the stationery or real or fictitious agency, department or instrumentality of the City of Sunny Isles Beach, without the express written at+t#er+t-y approval of the City Commission or its designee. The unauthorized use shall be punishable as provided in F.S. §§ 775.082 and 775.083. B. No former elected official or former employee shall use the city seal or logo without the express written consent of the City Manager. C. No current elected official or current employee may use the city seal or logo beyond the scope of their employment, position, or job description without the express written consent of the City Manager. D. In no event shall the use of the city seal be permitted for the following: 1) Political or campaign purposes; 2) Stationery other than official government stationery; 3) Any social media platform, unless the content and use of the seal therein is created and published by the city, and the content is unaltered; 4) Business cards other than official government business cards; Article 11 — City Seal & Logo Page 3 of 8 17 5) Publications other than official government publications or publications serving a governmental purpose; 6) Commercial advertising; and 7) Promotions not sponsored by the city. E. No person, including any current or former elected officer or employee of the city, shall use the city seal, or facsimile thereof, in or on any uniform, 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. No person, including any current or former elected officer or employee of the city, shall use or display any printed materials where the seal is visible on any social media platform or publication other than in, or as part of, an official government publication or website. § 5-34. Exceptions. A. Unless expressly prohibited herein, Rhe provisions of this section shall not be applicable to the City of Sunny Isles Beach, its agencies, departments, instrumentalities, quasi- judicial and advisory bodies acting within the scope of their official capacities. B. The provisions of this section shall not be applicable to instances where the incidental display of the seal constitutes nominal use and there is no likelihood of confusion that the use of the seal can be reasonably calculated to convey a false impression of the city's approval or sponsorship. C. Pins, insignia, and other articles which display the graphical city seal may be worn by city officials and staff for any governmental purpose, used in ceremonial occasions or for other civic purposes but not for sale or commercial purposes. Pins and other articles which display the graphical city seal may be given by the elected officials or designee to persons to recognize, celebrate and honor achievements. § 5-35. Official City logo. A. Definitions. As used herein, the term "logo" or "city logo" shall mean the following identifying symbol: CITY op \SLES� The Height of Living B. The city clerk shall be the custodian of the official city logo adopted by the city commission. C. Prohibited use of logo. The city logo shall not be used for any political or campaign purposes. D. City's use of logo. The city logo maybe used by the city's elected officials and city employees without commission approval for: Article 11 — City Seal & Logo Page 4 of 8 18 1) Official city events or programs that have been budgeted and/or are organized by city administration. 2) Regular business activities, including but not limited to, executing and acknowledging written instruments such as contracts, deeds, or other documents on behalf of the city. 3) Official letterhead, stationary, mailings, emails, brochures, posters, notices, communiques, and publications for use during or in connection with the city's regular business, city events, or city sponsored events, or commission member communications. 4) Other documents or materials that may have legal or ceremonial significance, such as proclamations, reports, or documents required by the city's charter or ordinances, such as the city budget, plaques or other honorary items presented by the mayor or city commission. 5) In connection with displays on city property. 6) By the city, its departments, instrumentalities, quasi-judicial and advisory bodies, when acting within the scope of their official capacities. 7) By the city in partnership with other government agencies and public educational institutions. 8) Promotional items, including but not limited to, banners, cups, shirts, calendars, pens, key chains, bags, and similar products. E. Use of the_city logo for events or programs that are approved by the city commission either through the special event permit process need not comply with subsections (H) or (1) herein, but shall nevertheless be bound by the provisions of subsection (J). F. Not-for-profit organizations' use of city logo. Subject to the approval by city commission in accordance with the procedures and use guidelines set forth in subsections (H)-0), the city logo may be used by not-for-profit organizations in connection with an event or program occurring within the city. G. Commercial entities' use of city logo. Except as specifically provided herein, commercial entities are strictly prohibited from using the city logo. As used herein, "commercial entity" shall mean any entity that is not the city or a not-for-profit organization, and may include individuals, firms, corporations, companies, or any other legal entity. A limited exception to the aforementioned prohibition is when a commercial entity is conducting business in conjunction with, or officially sanctioned by, the city, provided the use of the logo is first approved by the city commission in accordance with the procedures and use guidelines set forth in subsections (H)—(J). Conducting business in the city, alone, shall not constitute sufficient grounds to use the citv logo. H. Procedures for requesting use of city logo. 1) Requests for the authorized use of the city logo must be made in writing to the city manager and with sufficient time to be placed on the official agenda of an ensuing regular meeting of the city commission. Article 11 — City Seal & Logo Page 5 of 8 19 2) The request must set forth, in detail, the following information: a) The name of the department, organization, company, or group requesting the use of the logo. b) Whether the requesting entity is governmental, commercial, or not-for-profit. c) The address of the entity requesting the use of the logo. d) The name, phone number, and email address of the requesting entity's representative. e) A description and name of the event or purpose for which the logo is being requested. The intended use of the logo and manner in which it will be displayed (e.g., brochures, posters, mailings, banners, e-mails, or products). g) The intended length of use of the logo (i.e., one-time use, repeat mailings, multiple day display, or reoccurring campaign). h) The city commission reserves the right to request clarification or additional details about the requested use of the logo prior to giving written approval. i) The city manager shall first review the request and may deny the request prior to submission to the citv commission if he or she determines that the requested use of the logo is not in the best interest of the city. I_ Approval of requests. 1) The city commission, in its sole discretion, and in accordance with the standards and procedures set forth herein, shall approve, deny, or approve with conditions, any requests for use of the city logo. 2) Upon approval by the city commission, the city manager shall, in writing, notify the applicant that the request has been approved, subject to any conditions or restrictions imposed by the city commission. 3) The approval for use of the city logo shall be limited to the duration of the specific event or program for which the request was made. J. General restrictions and standards for the use of the logo. The following general restrictions and standards shall apply to the use of the city logo: 1) The logo cannot be redesigned, altered, modified, distorted, animated, redrawn, or re - proportioned for any purpose, or in any manner. 2) Prior to reproduction, a proof of the logo, in the format so designed and intended to be used, must be approved, in writing, by the city commission, as set forth above. 3) The approved use of the city logo is not intended to, and does not create, a partnership or agency agreement. Article II —City Seal & Logo Page 6 of 8 20 4) Unless the city is an official sponsor of the activity for which the logo is to be used the approved applicant must take all reasonable and necessary measures requested by the city to ensure that the use of the logo does not imply or mislead one to believe that the applicant is affiliated with, sponsored by, in partnership with, or an agent of the city. 5) An entity's official trademark, logo, slogan, text, or picture shall not be displayed in direct proximity to the logo, so that the logo shall be reasonably viewed as separate distinct, and unrelated. 6) The approved applicant shall take all reasonable and necessary steps requested by the city to prevent or avoid any misuse of the logo. 7) The approved applicant shall avoid using the logo in any way or for any purpose which the city, in its sole discretion, determines, has or could have an adverse impact of the city's reputation or interests. 8) Approval may be revoked at any time if the city commission determines that an approved application has violated the guidelines or policies. 9) The size of any reproduction of the logo shall not be less than two inches in diameter. 10) A separate approval is required for each separate and individual use of the logo and is non -transferable. 5-36. Penalties. In accordance with F.S. §165.043, the unauthorized use of the city seal shall be punishable as provided in F.S. §§775.082 and 775.083. The unauthorized use of the city seal or the city logo shall also be punishable as provided in §1-14, City Code of Ordinances. In addition to the penalties prescribed herein, the City may pursue all other available remedies as permitted by law, including injunctive relief. §§ 5-3-57-5-60. Reserved. Section 5. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed to the extent of such conflict. Section 6. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity, but shall remain in full force and effect. Section 7. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 8. Effective Date. This Ordinance will become effective immediately upon adoption at second reading. Article 11 — City Seal & Logo Page 7 of 8 21 ATTEST:: .r PASSED AND ADOPTED on first reading this/ay of April, 2024. PASSED AND ADOPTED on second read th sL&#day of May, 2024. Mauricid, Betbncur,ICMC, City Clerk First Reading Motion: Z42 Y -A Second: Larisa Svechin, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: d&'6&k44 A m E. Boileau, for Nabors, Giblin & Nickerson, P.A., City Attorney Second Reading Motion: (�c 6wsw.24 Second: Vote on First Reading: Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Vote on Second Reading: Mayor Svechin (Yes) (No) Vice Mayor Lama (Yes) (No) Commissioner Joseph (Yes) (No) Commissioner Stuyvesant (Yes) (No) Commissioner Viscarra (Yes) (No) Article II —City Seal & Logo Page 8 of 8 , g} X40 4r • FLO d City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: Honorable Mayor and City Commissioners FROM: Stan Morris, City Manager DATE: May 16, 2024 RE: Amending Chapter 5, Article II of the City's Code to Provide for Permissible and Prohibited Uses if the City's Official Seal and Logo RECOMMENDATION: Staff recommends adoption of this ordinance. REASONS: The unauthorized use, reproduction, or facsimile of the City seal or logo for non -city approved purposes may create a misleading, erroneous, or false impression that the document, item, statement, event, person, and/or organization is authorized, supported, and/or sponsored by the City of Sunny Isles Beach. Adoption of this ordinance will ensure that the City seal and City logo are used only for purposes directly related to the official business of the City of Sunny Isles Beach, or as expressly authorized by the City Commission or City Manager by providing more specific permissible and prohibited uses of both the official City seal and logo while protecting both from all unauthorized uses to prevent fraud, deception, misunderstandings, and misrepresentations. ATTACHMENTS: Ordinance Item Number: 9.0