ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING SECTION 2-169 OF ARTICLE V, CHAPTER 2 AND SECTION 2-202 OF ARTICLE VI, CHAPTER 2 OF THE FONTANA MUNICIPAL CODE, EXPANDING UPON THE UNAUTHORIZED USE OF THE CITY SEAL, STATIONARY, FORMS, AND CORRESPONDENCE TO INCLUDE THE CITY’S POLICE AND FIRE DISTRICT INSIGNIA WHEREAS, the City of Fontana (“City”) is a general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and the law of the State or the United States; and WHEREAS, the term “Fire District” shall refer to the Fontana Fire Protection District, pursuant to Section 11-1, of Article I, Chapter 11 of the Fontana Municipal Code.
WHEREAS, the City Council of the City desires to expand upon its protection of the City seal, stationary, forms, and correspondence to include the City’s police department and Fire District insignia; and WHEREAS, in the interest of public safety, the City Council wishes to protect the police department and Fire District’s insignia or other indicia thereof, against unauthorized use and imitation.
THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. Municipal Code Amendments. Section 2-169 of Article V, Chapter 2 of the Fontana Municipal Code is hereby amended to read as follows:
“It is unlawful for any person to make, use or allow to be used the seal of the city, city logo, or city police or Fire District insignia, which shall include but is not limited to department badges, logos, patches, website banners or any part thereof, or any reproduction, imitation, or facsimile for any purpose other than for official business of the city, without prior authorization from the city council.” SECTION 3. Municipal Code Amendments. Section 2-202 of Article VI, Chapter 2 of the Fontana Municipal Code is hereby amended to read as follows:
“No person, employee or committee may use or allow to be used city stationery, city forms, city correspondence, or city police or Fire District insignia, which shall include but is not limited to department badges, logos, patches, website banner or any part thereof, or any imitation, facsimile, or representation for any other purpose other than for official business of the city, without prior authorization from the city council.” SECTION 4. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected. section 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
SECTION 7. Effective Date. This Ordinance shall be effective thirty days (30) following its adoption.
SECTION 8. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.
PASSED, APPROVED and ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the ____ day of December, 2022. [SIGNATURES ON FOLLOWING PAGE]
__________________________________
Acquanetta Warren, Mayor
City of Fontana
Attest:
__________________________________
Germaine McClellan Key, City Clerk
Read and Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF FONTANA )
CERTIFICATION
I, Germaine McClellan Key, City Clerk, hereby certify that the attached is a true copy of Ordinance No. _____, introduced by the City Council of the City of Fontana, California, at a regular meeting held the ____ day of November, 2022. Ordinance No. __ was approved, passed and adopted at a regular meeting held the ____ day of December, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Germaine McClellan Key, City Clerk
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Ordinance No. ____