Comparing Rosenberg’s Ru les of Order and Robert’s Rules of Order Robert’s Rules of Order is an 714-page manual of parliamentary procedure originally published in the 19th Century by Henry M. Robert III.
Rosenberg’s Rules of Order
is a simplified and stream lined seven-page version of the rules of parliamentary procedure prepared by Superior Court Judge Dave Rosenberg, who served as a councilmember of the City of Davis, including two terms as Mayor.
See table below for comparison
Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
1. Fundamental
Structure
Set of parliamentary rules. Same
2. Quorum The minimum number of members of
the body who must be present at a
meeting for business to be legally
transacted.
Same
3. Role of the Chair It is the chair of the body who is charged with applying the rules of
conduct of the meeting.
Same
4. Format for Agenda
Item Discussion
Description of how agenda items are
processed.
More detail than is provided in
Robert’s Rules regarding conduct of
meeting.
The chair may limit the time of
public speakers.
A second is not an absolute
requirement. This is a matter left to
the discretion of the chair.
Power to limit the time of public
speakers is subject to the decision of
the body.
Robert’s Rules state that a second is
not required on small boards.
5. Motions in
General
Motions are made in a simple two-
step process. First, the chair should
recognize the member of the body.
Second, the member of the body
makes a motion.
Same
6. Motion to Amend A motion to amend takes the basic
motion that is before the body and
seeks to change it in some way.
Much more detail/process about
how to amend.
7. Substitute Motion Allows members to propose a
completely different motion as a
substitute motion.
Gives the chair discretion to rule on
whether a motion is a “motion to
amend” or a “substitute motion.”
To substitute is a type of
amendment. There are somewhat
complex rules governing how
substitutions are handled.
EXHIBIT G
126
Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
8. Friendly
Amendment
Allows the common practice of a
“friendly amendment” and states that
the maker and seconder have the
right to accept it or not.
“Friendly amendments” are in
essence treated like any other
amendment, and thus more
formally.
9. Multiple Motions
Before the Body
In restricting motions to three total,
Rosenberg rejects the customary
system of “precedence of motions.”
Robert allows up to 13 ranking
motions.
10. Motion to Recess Allows the chair to determine the length of the recess.
The length is included in the motion
made by a member (amendable but
not debatable), so it is within the
control of the body.
11. Motion to Table This motion must be justified by
urgent other business and cannot be
debated.
Motion to table “until a specific
time” corresponds to Robert's
“postpone to a certain time.”
Both are debatable.
12. Motion to Limit
Debate
When a member makes this motion,
the chair can expedite matters by
treating it as a “request” rather than
as a formal motion.
The chair can inquire of the body if
there any further questions and if
there are none, then the chair can go
right to the pending motion that is on
the floor.
If one person wishes to discuss the
pending motion further, then at that
point, the chair treats it as a formal
motion, and proceeds to it.
Motion to limit debate corresponds
to Robert’s “previous question.”
It is undebatable, and cannot be
amended or have any other
subsidiary motion applied to it.
Motion brought to bring the
assembly at once to a vote on the
immediately pending question and
on such other pending questions as
may be specified in the demand.
Both require two-thirds vote of the
body.
13. Motion to Suspend
the Rules
Allows debate. Motion is not debatable.
Some rules cannot be suspended.
14. Counting Votes For a simple majority vote, “one vote more than 50% of the body is
required.”
In addressing what it means to vote
“absent,” Rosenberg leaves the
determination up to the chair.
When a quorum is present, a
majority vote is sufficient for the
adoption of any motion that is in
order.
The responsibility of announcing, or
declaring, the vote rests upon the
chair.
Any member may call for, or
demand, a count of the votes, and, if
seconded, the chair must order a
count of the votes.
15. Motion to
Reconsider
A member who voted “with the
majority” has the right to move to
reconsider at the same meeting.
If the motion to reconsider passes, “a
new original motion is in order.”
Motion can be brought at a later
meeting if rules are suspended.
A member who voted “with the
prevailing side” has the right to
move to reconsider.
If the motion to reconsider passes,
debate is resumed at the point it had
reached just before the vote was
taken.
127
Rosenberg’s Rules of Order Robert’s Rules of Order
Comparison
Motion can only be brought on the
day the vote to be reconsidered was
taken, or, in the case of a multi-day
session, on the next day within the
session in which business is
conducted.
16. Courtesy and
Decorum
Need for courtesy and decorum, and
the chair’s right to cut off discussion
that is too personal, too loud, or too
crude.
Same
17. Interruptions:
Privilege
Allows interrupting to raise a
question of privilege by members of
the body.
Interruption for question of privilege
should be done only if unavoidable.
18. Interruptions:
Point of Order
Appropriate points of order relate to
anything that would not be
considered appropriate conduct of the
meeting.
Same
19. Interruptions:
Appeal
If the chair makes a ruling that a
member of the body disagrees with,
that member may appeal the ruling of
the chair to the entire body.
If the motion making the appeal is
seconded, and after debate, if it
passes by a simple majority vote,
then the ruling of the chair is deemed
reversed.
Gives a special process of debate for
those appeals that are debatable.
Some appeals cannot be debated.
20. Interruptions: Call
for the Orders of
the Day
Allows interrupting in order to bring
everyone back to the agenda.
Same
21. Interruptions:
Withdraw a
Motion
Allows a member to interrupt debate
and withdraw a motion at any time.
Once a motion has been made,
seconded and stated by the chair, it
belongs to the body itself, not to the
original maker.
If a member wishes to withdraw the
motion, the member asks permission
of the body.
Does not allow interruption for this
purpose and does not allow a
member to withdraw a motion
unilaterally.
22. Abstention and
Voting
Abstention generally does not count
towards majority vote.
As a result, a 2-2 vote plus one
abstention would mean a motion
fails.
The effect of abstention is the same
as if a member voted on the
prevailing side.
128
July 2, 2026 Item No. 13d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 7, 2026
RECOMMENDATION TO CONDUCT FIRST READING AND INTRODUCE
FOR ADOPTION ORDINANCE NO. 2026-, ADDING CHAPTER 1.16 (CUSTODY AND USE OF CITY SEAL, CITY LOGO, AND CITY INSIGNIA) TO TITLE 1 (GENERAL PROVISIONS) OF THE MARINA MUNICIPAL CODE
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct the first reading of Ordinance No. 2026-, adding Chapter 1.16 (Custody and Use of City Seal, City Logo, and City Insignia) to Title 1 (General Provisions) of the Marina Municipal Code; waive further reading; and introduce the ordinance.
BACKGROUND:
The City Logo and Official City Seal communicate the authority and authenticity of City actions, and their unauthorized or misleading use can confuse residents, harm the City ’s reputation, and expose the City to risk.
The City has taken multiple steps over the past two decades to develop and protect its identity:
a. In 1997, the City Council considered registration of the City logo (the predecessor 1975 badge) as a trade name with the California Secretary of State. The Secretary of State declined to register the design on the ground that the City lacked qualifying goo ds or services. The Council subsequently adopted a Permit Application process requiring Council approval for third-party use.
b. Between 2003 and 2008, the Council approved discrete third-party uses by resolution, including the Marina Rotary Club (Res. No. 2003 -132), Royer Printing/Piper Jaffray (Res. No. 2005 -205), Monterey Peninsula College (Res. No. 2006 -143), Monterey Peninsula Chamber of Commerce (Res. No. 2006 -180), and the U.S. Army Garrison Command, Presidio of Monterey (Res. No. 2008-84).
c. On January 8, 2008, the Council approved the design concept for the current City Logo and Official City Seal (Res. No. 2008-09); on October 7, 2008, the Council adopted the Citywide Public Sign and Identity Program Guidelines (Res. No. 2008-205). d. On November 17, 2009, the City registered the current City Logo and Official City Seal with the United States Copyright Office (Reg. Nos. VA 1-692-471 and VA 1-692- 474, respectively).
Despite these steps, the City does not currently have a codified ordinance setting forth uniform rules for the custody, use, and protection of its insignia, standards governing third-party use, or the enforcement consequences of unauthorized use. The stand ards applied by the Council in third - party approvals have developed by practice across individual resolutions rather than through codified law, and the existing Citywide Public Sign and Identity Program Guidelines, while comprehensive on design standards, do not address enforcement.
1 A recent third-party request submitted by Mr. Kris Cameron on behalf of the Fogtown Family Car Club illustrated several gaps in the existing framework. The applicant proposed to incorporate the City’s prior 1975 logo into a Club logo for federal trademark registration. In considering Staff’s recommendation on that request, City Attorney and Staff identified the benefit of codifying a uniform framework that would (i) clarify the standards Council applies in evaluating third -party requests; (ii) expressly address trademark registration concerns; (iii) provide explicit enforcement authority for unauthorized use; and (iv) align Marina’s practice with that of other California cities.
ANALYSIS:
Existing State Law and the Need for a Local Ordinance.
California Government Code section 34501.5 makes it a misdemeanor to use a reproduction or facsimile of a city ’s seal in campaign literature or mass mailing with intent to deceive voters.
California Elections Code section 18304 provides analogous protections against deceptive election use of county and other local agency seals. Beyond those narrow election -context protections, however, State law does not provide a comprehensive framework for protecting municipal seals, logos, and insignia from unauthorized use, commercial appropriation, or false implications of City endorsement. California cities accordingly adopt l ocal ordinances under their police power (Cal.
Const. art. XI, § 7) to fill this gap. Because the City of Marina is a charter city, the regulation of its own seal, logo, and insignia is a municipal affair, and the City acts under its home-rule authority over municipal affairs (Cal. Const. art. XI, § 5) in addition to its general police power (Cal. Const. art. XI, § 7).
Practices of Other California Cities.
City Attorney and Staff surveyed comparable California cities that have adopted insignia - protection ordinances and reviewed the article “Who Gets to Use Agency Seals, Logos, Letterhead and Other Insignia?” published by the Institute for Local Government. Substantive ordinances on this subject have been adopted by the cities of Riverside (RMC ch. 1.04), Santa Rosa (SRCC ch. 1-04), Encinitas (EMC ch. 1.18), Santa Monica (SMMC ch. 2.32), Poway (PMC ch. 1.16), Hermosa Beach (HBMC ch. 1.06, amended 2023), Coronado (CMC § 1.02.070), Ontario (OMC ch. 2-4), and Lemoore (LMC § 1-11-3), Pittsburg (PMC ch. 1.28), among others.
While ordinance details vary, the model includes consistent elements: definitions of seal, logo, and insignia; assignment of custodianship; limitation of use to official business or City-authorized use; a permit or approval process for third -party use; pro hibitions on commercial, deceptive, and political uses; and a tiered set of remedies including criminal, administrative, and civil enforcement.
Proposed Ordinance.
The proposed ordinance adds Chapter 1.16 to Title 1 of the Marina Municipal Code. It is modeled on the approach used by other California cities and tailored to Marina. Key features:
a. Custody. The City Clerk is designated custodian of the Official City Seal, consistent with existing practice. The City Manager is designated custodian of the City Logo and other City Insignia and is authorized to issue administrative guidelines for day -to-day staff use.
b. Definitions. The term “City Insignia” is defined broadly to include the current City Logo, the Official City Seal, the prior 1975 logo, departmental patches, the City ’s website banner, letterhead and business card designs, and any other City -owned intellectual property used to identify the City or its departments. Inclusion of the prior 1975 logo is included because, although superseded for official use, it has not been dedicated to the public domain and remains City property. 2 c. Standards for Third-Party Use. The ordinance limits eligibility for third-party use to governmental entities and organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, and only in connection with a specific, identified event for a defined period with stated starting and ending dates. The ordinance codifies and refines the standards the Council has historically applied when evaluating third -party requests, including the standard articulated in Resolution No. 2003-132 (Marina Rotary Club). The Council retains exclusive authority to approve third-party use, with the City Clerk receiving applications and the City Manager forwarding them with a Staff recommendation. The ordinance further directs the Council to act on each application on the enumerated, objective standards, requires a decision within sixty (60) days after an application is complete, and limits revocation to a material breach of the conditions of approva l. Any approved use must reproduce the Insignia in its entirety without alteration, must remain legible when enlarged or reduced, and does not authorize any future or recurring use.
d. Anti-Trademark Provision. The ordinance expressly prohibits approval of any use that would involve registration of City Insignia, in whole or in part, as a privately-held trademark. This provision addresses an issue not present in older municipal ordinances but raised by recent third-party requests.
e. Souvenirs and Merchandise . The ordinance preserves the City ’s ability to manufacture and sell its own branded merchandise, with proceeds deposited to the City treasury.
f. Political Use Prohibition . The ordinance parallels California Government Code section 34501.5 by prohibiting use of City Insignia in a campaign or election -related communication in a manner reasonably calculated to convey a false impression of City sponsorship or approval, or othe rwise intended to deceive the voters, with narrow exceptions for City-issued communications and ceremonial accessories. The ordinance also addresses use of City -branded clothing and items by Councilmembers and City officials, permitting such use at nonpartisan City events but prohibiting it at campaign or partisan political events or when appearing in an individual capacity, and requires a conspicuous disclaimer (“This communication is not sponsored or approved by the City of Marina ”) when City facilities or other City resources are depicted in campaign materials.
g. Enforcement. Violations are subject to (i) prosecution under Chapter 1.08 (Code Violations); (ii) administrative citation and fines under Chapter 1.12 (Administrative Fines); and (iii) civil action under Chapter 1.10 (Civil Enforcement), including injunction, abateme nt of public nuisance, disgorgement of profits, damages, and attorneys’ fees. Remedies are cumulative. Where a violation is committed by a member of the City Council, the Council may also adopt a resolution of censure as a nonexclusive remedy.
h. Preservation of Existing Program . The 2008 Citywide Public Sign and Identity Program Guidelines remain in effect, and the new chapter operates alongside and supplements those Guidelines.
Other Considerations.
The narrow scope of the political use prohibition (use of the City Insignia specifically, rather than political speech generally), the express exception for City communications, the requirement that any prohibited use be intended to deceive or reasonably likely to create a false impression that the communication is authorized or endorsed by the City, and the parallel structure to California 3 Government Code section 34501.5 and to ordinances upheld in other California jurisdictions supports the provision’s validity.
The ordinance ’s permit and approval process (Sections 1.16.090 and 1.16.100) is likewise structured to guide the Council’s decision through the enumerated, objective factors in Section
1.16.100, limits eligibility and the scope and duration of any approved use, requires action on each completed application within a defined period, and limits revocation to a material breach o f the conditions of approval. These provisions confine official discretion and supply the narrow, objective standards that for a permissible licensing scheme .
The prohibited-use standards in Section 1.16.060 are framed in neutral terms. The ordinance bars uses that are deceptive or fraudulent, that falsely imply City endorsement, or that dilute or impair the distinctiveness or integrity of the City Insignia, rather than uses that merely reflect unfavorably on the City. This focus on confusion, deception, and dilution, which are interests the City may legitimately protect, avoids conditioning use of the Insignia on the content or viewpoint of a speaker’s message.
CEQA:
Adoption of the ordinance is not a “project” subject to the California Environmental Quality Act under State CEQA Guidelines sections 15061(b)(3) and 15378(b)(5), as it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
Adoption of the ordinance itself has no direct fiscal impact. Implementation will be accomplished within existing staff resources. Enforcement actions, if pursued, may generate cost recovery through administrative fines, civil judgments, disgorgement of pr ofits, and attorneys ’ fees, and may reduce the number of ad hoc logo-use items requiring individual Council consideration.
CONCLUSION:
The attached proposed ordinance is submitted for Council consideration for first reading and introduction of the ordinance.
ATTACHMENT:
Ordinance No. 2026-, Adding Chapter 1.16 (Custody and Use of City Seal, City Logo, and City Insignia) to Title 1 (General Provisions) of the Marina Municipal Code
Respectfully submitted,
_________________________
Rene Alejandro Ortega
City Attorney
REVIEWED/CONCUR:
________________________
Layne Long
City Manager
City of Marina
4 ORDINANCE NO. 2026-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA, CALIFORNIA, ADDING CHAPTER 1.16 (CUSTODY AND USE OF THE CITY SEAL, CITY LOGO, AND CITY INSIGNIA) TO TITLE 1 (GENERAL PROVISIONS) OF THE MARINA
MUNICIPAL CODE TO ESTABLISH THE OFFICIAL CITY SEAL, LOGO, AND INSIGNIA OF THE CITY OF MARINA; TO PROVIDE FOR THEIR CUSTODY, PERMITTED USES, AND PROTECTION; TO PROVIDE FOR A PERMIT PROCESS FOR LIMITED THIRD-PARTY USE; TO PROHIBIT UNAUTHORIZED USE; AND TO
ESTABLISH PENALTIES AND REMEDIES
WHEREAS, the City of Marina (the "City") recognizes the importance of developing and maintaining a unified and distinctive municipal identity through its official seal, logo, and other insignia; and
WHEREAS, on January 8, 2008, by Resolution No. 2008-09, the City Council approved the design concept for the Citywide Public Sign and Identity Program; and WHEREAS, on October 7, 2008, by Resolution No. 2008-205, the City Council approved the Citywide Public Sign and Identity Program Guidelines, which established design standards and application protocols for the use of the City logo and Official City Seal; and WHEREAS, the City of Marina is the registered owner of the City Logo and Official City Seal under United States Copyright Office Registration Nos. VA 1-692-471 and VA 1-692-474, effective November 17, 2009; and
WHEREAS, the prior (1975-era) City logo, although superseded for official use, remains the intellectual property of the City and has not been dedicated to the public domain; and WHEREAS, California Government Code section 34501.5 makes it a misdemeanor for any person to use any reproduction or facsimile of a city seal in any campaign literature or mass mailing with intent to deceive the voters, and California Elections Code section 18304 makes it a misdemeanor to make deceptive use of county and other local agency seals in election communications; and
WHEREAS, beyond the limited protections afforded by State law, there is no comprehensive statutory framework governing third-party use of municipal seals, logos, and insignia, and individual California cities have therefore adopted local ordinances to protect their brand identity, prevent confusion or false implication of City endorsement, and preserve their ability to enforce their intellectual property rights; and
WHEREAS, the City of Marina is a charter city, and the custody, use, and protection of the City’s own seal, logo, and insignia is a municipal affair as to which the City exercises its home- rule authority under Article XI, Section 5 of the California Constitution, in addition to its police power under Article XI, Section 7; and
WHEREAS, the City Council has, on prior occasions, considered ad hoc requests for use of the City logo on a resolution-by-resolution basis, including but not limited to Resolution Nos. 2003- 132, 2005-205, 2006-143, 2006-180, and 2008-84, but has not previously codified the standards or procedures applicable to such requests; and
5 WHEREAS, the City desires to codify a uniform framework for the custody, permitted use, and protection of its seal, logo, and other insignia, consistent with best practices adopted by other California cities; and
WHEREAS, the adoption of this ordinance is not a "project" within the meaning of the California Environmental Quality Act ("CEQA") under State CEQA Guidelines sections 15061(b)(3) and 15378(b)(5), in that it constitutes an administrative activity of government that will not result in direct or indirect physical changes in the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council hereby finds and determines that the recitals set forth above are true and correct and are incorporated herein as findings of the City Council.
SECTION 2. Chapter 1.16 Added.
Chapter 1.16 (Custody and Use of City Seal, City Logo, and City Insignia) is hereby added to Title 1 (General Provisions) of the Marina Municipal Code to read as follows:
“Chapter 1.16
CUSTODY AND USE OF CITY SEAL,
CITY LOGO, AND CITY INSIGNIA
Sections:
1.16.010 Purpose.
1.16.020 Definitions.
1.16.030 Property rights – Trademark and copyright protection.
1.16.040 Custodianship.
1.16.050 Authorized uses by the City and City personnel.
1.16.060 Prohibited uses.
1.16.070 Manufacture and sale of souvenirs and merchandise.
1.16.080 Use in political campaigns prohibited.
1.16.090 Permit application for third-party use.
1.16.100 Standards for approval of third-party use.
1.16.110 Penalties and remedies.
1.16.120 No waiver of City rights.
1.16.010 Purpose.
The purpose of this chapter is to:
A. Establish the official City Seal, City Logo, and other City Insignia of the City of Marina;
B. Provide for the custody, control, and protection of the City Seal, City Logo, and City Insignia;
C. Specify the authorized uses of the City Seal, City Logo, and City Insignia by the City and by third party organizations;
D. Establish a permit process under which such limited third-party use may be approved by the City Council;
6 E. Prohibit unauthorized, deceptive, commercial, or politically-motivated uses;
F. Protect the City’s intellectual property rights, brand integrity, and reputation; and
G. Avoid public confusion regarding whether a statement, event, product, or organization is endorsed, sponsored, or authorized by the City.
1.16.020 Definitions.
For purposes of this chapter, the following definitions apply:
A. “City” means the City of Marina, California.
B. “City Council” means the City Council of the City of Marina.
C. “City Clerk” means the City Clerk of the City of Marina or his or her designee.
D. “City Manager” means the City Manager of the City of Marina or his or her designee.
E. “City Logo” means the official logo of the City as adopted by the City Council on January 8, 2008 by Resolution No. 2008-09 and as described in the Citywide Public Sign and Identity Program Guidelines adopted on October 7, 2008 by Resolution No. 2008- 205, which depicts an emblem-shaped border surrounding illustrative elements representing the Pacific Ocean as viewed from Marina’s location on the Monterey Bay, with the words “City of Marina” centered in the design, and which is registered with the United States Copyright Office under Registration No. VA 1-692-471.
F. “City Seal” means the Official City Seal of the City as described in the Citywide Public Sign and Identity Program Guidelines, comprising a line-art version of the City Logo with an engraving-style treatment, designed for application by manual stamp or embossing on certificates, proclamations, and other official City documents, and which is registered with the United States Copyright Office under Registration No. VA 1-692-474.
G. “Prior City Logo” means the City logo used by the City prior to the adoption of the current City Logo, depicting the word “Marina” in stylized script over a stylized bay and sun image with the year 1975, which remains the intellectual property of the City and has not been dedicated to the public domain.
H. “City Insignia” means, collectively, the City Seal, City Logo, Prior City Logo, any departmental badge, patch, emblem, mark, or logo, the City’s website banner, the City’s letterhead and business card designs, any variation or modification of any of the foregoing approved by the City Council, and any other intellectual property right owned by the City and used to identify the City or any of its departments, programs, or events.
I. “Commercial use” means any use of the City Insignia in connection with the sale, advertisement, or promotion of any product, service, or business for profit, but does not include use by the City itself or by a person authorized by the City Council pursuant to this chapter.
J. “Person” means any individual, partnership, firm, association, corporation, limited liability company, unincorporated organization, or other legal entity.
7 1.16.030 Property rights – Trademark and copyright protection.
A. The City Seal, City Logo, Prior City Logo, and all other City Insignia are the exclusive property of the City of Marina.
B. The City Logo and City Seal are registered with the United States Copyright Office under Registration Nos. VA 1-692-471 and VA 1-692-474, respectively.
C. The City Manager is authorized, in consultation with the City Attorney, to take such further steps as the City Manager deems necessary or appropriate to protect the City’s rights in the City Insignia, including but not limited to:
1. Registration of the City Insignia as trademarks or service marks under federal or state law;
2. Enforcement of the City’s copyrights, trademarks, and other intellectual property rights against unauthorized users; and
3. Renewal and maintenance of existing intellectual property registrations.
D. Nothing in this chapter shall be construed to limit, transfer, or waive any intellectual property right of the City in the City Insignia. No approval granted under this chapter conveys ownership of, or any trademark or copyright interest in, the City Insignia.
1.16.040 Custodianship.
A. The City Clerk shall be the custodian of the official City Seal and shall affix the City Seal to all ordinances, resolutions, certificates, proclamations, and other documents as required by law, by this Code, or by ordinance or resolution of the City Council.
B. The City Manager shall be the custodian of the City Logo and all other City Insignia, and shall be responsible for ensuring their consistent application in accordance with the Citywide Public Sign and Identity Program Guidelines and any successor branding standards adopted by the City Council.
C. The City Manager may adopt administrative procedures, style guides, and supplemental guidelines, consistent with this chapter and the Citywide Public Sign and Identity Program, governing the day-to-day use of the City Insignia by City personnel.
1.16.050 Authorized uses by the City and City personnel.
A. The City Seal, City Logo, and City Insignia may be used, in accordance with the Citywide Public Sign and Identity Program Guidelines:
1. By the City for purposes directly connected with the official business of the City of Marina, its City Council, boards, commissions, committees, officers, departments, and employees;
2. On City stationery, business cards, printed materials, vehicles, uniforms, equipment, facilities, signs, websites, and digital communications;
3. On official City publications, presentations, certificates, proclamations, badges, patches, and similar materials;
8 4. By City officers, employees, and members of the City Council, City boards, commissions, and committees while acting within the scope of their office or employment;
5. By a recognized employee organization, on stationery or printed materials used within the scope of its representation of City employees, and on articles of clothing intended for use by City employees in the course of their employment; and
6. By a vendor or contractor of the City, but only as necessary to perform a contract with the City and only in the manner approved by the City Manager.
B. All uses under this section shall conform to the Citywide Public Sign and Identity Program Guidelines and any successor branding standards adopted by the City Council.
1.16.060 Prohibited uses.
Except as expressly authorized under section 1.16.050, or pursuant to an approval granted by the City Council under sections 1.16.090 and 1.16.100, it shall be unlawful for any person or entity to:
A. Use, reproduce, distribute, sell, give away, display, or affix the City Seal, City Logo, Prior City Logo, or any other City Insignia, or any reproduction or facsimile thereof, or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for the same;
B. Alter, modify, deface, or create derivative works of the City Insignia;
C. Use the City Insignia in any manner that:
1. Suggests, implies, or could reasonably be interpreted to suggest or imply that the City endorses, sponsors, approves, or is otherwise affiliated with any person, event, product, service, organization, statement, viewpoint, or position;
2. Is deceptive or fraudulent;
3. Is for a commercial purpose, including the use of the City Insignia on any product offered for sale;
4. Is discriminatory or in violation of any federal, state, or local law; or
5. Dilutes or impairs, or is likely to dilute or impair, the distinctiveness or integrity of the City Insignia; or
D. Apply for, file, register, or seek to register any City Insignia, in whole or in part, or any mark or design incorporating any City Insignia, as a trademark, service mark, copyright, or other intellectual property right with any state, federal, or international authority.
1.16.070 Manufacture and sale of souvenirs and merchandise.
A. Nothing in this chapter shall prevent the City, or any person authorized in writing by the City Manager, from manufacturing, distributing, selling, or giving away clothing, promotional items, souvenirs, or other merchandise bearing the City Insignia for the purpose of promoting the City of Marina.
9 B. The proceeds, if any, of the City’s sale of merchandise bearing the City Insignia shall be deposited into the City treasury and used for public purposes as directed by the City Council.
1.16.080 Use in political campaigns prohibited.
A. The City Council finds that the use or depiction of the City Insignia in a campaign or election-related communication may be reasonably calculated to convey the false impression of sponsorship or approval by the City. No person, candidate, campaign committee, political action committee, or other entity, including any elected or appointed officer of the City, shall use the City Seal, City Logo, Prior City Logo, or any other City Insignia, or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for the same, in a manner reasonably calculated to convey such a false impression of sponsorship or approval, or otherwise intended to deceive the voters, for the purpose of:
1. Supporting or opposing the nomination or election of any person to any City, county, state, or federal office;
2. Supporting or opposing any ballot measure or initiative; or
3. Influencing the action of the electorate, or any portion thereof, in any election.
B. The prohibition in subsection A does not apply to:
1. Communications issued by the City of Marina or the City Council as a whole pursuant to law; or
2. Nametags or other ceremonial accessories officially issued by the City for use by elected or appointed officials acting in their official capacity.
C. Use by Councilmembers and other City officials. A Councilmember or other elected or appointed City official may wear clothing, or display items, officially produced by the City and depicting the City Insignia when appearing at a City-produced, City-sponsored, or other non-campaign related event, or when representing or appearing on behalf of the City Council as a whole. A Councilmember or other City official may not wear clothing or display items depicting the City Insignia when attending a campaign event , or when appearing in their individual capacity.
D. Depiction of City facilities and resources bearing City Insignia; disclaimer. Because the depiction of City facilities or other City resources bearing City Insignia in a publication may be reasonably calculated to convey the false impression of sponsorship or approval by the City, no person other than the City may depict such City facilities or other City resources on any campaign material, including clothing, accessories, and paid or unpaid political advertising, content, or materials advocating for or against the election of any candidate, the passage of any measure, or the approval or rejection of any item before the City Council, without conspicuously including the disclaimer: “This communication is not sponsored or approved by the City of Marina.”
E. This section is intended to supplement, and operate independently of and in addition to, California Government Code section 34501.5, California Elections Code section 18304, and any other applicable State law.
10 1.16.090 Permit application for third-party use.
A. Third-party use of the City Insignia may be approved only for governmental entities or organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, and only in connection with a specific, identified event and for a defined period with stated starting and ending dates. An eligible organization seeking to use the City Insignia for any purpose not authorized under section 1.16.050 shall submit a written Permit Application to the City Clerk in the form approved by the City Manager.
B. The Permit Application shall include, at a minimum:
1. The name, address, and contact information of the applicant, and, unless applicant is a governmental entity, proof that the applicant is an organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
2. A description of the proposed use, including the specific event in connection with which the City Insignia will be used, the medium, format, quantity, geographic scope, location, and the starting and ending dates of the use;
3. A sample, mock-up, or proof of the proposed use depicting how the City Insignia will appear;
4. A statement of the public purpose served by the proposed use and the benefit, if any, to the City of Marina and its residents;
5. A statement of whether the applicant is engaged in or intends to engage in any political advertising or any commercial use;
6. A statement of whether the applicant intends to register the proposed use, in whole or in part, as a trademark, service mark, or other intellectual property right; and
7. Such additional information as the City Manager may reasonably require.
C. The City Manager shall review each completed Permit Application and shall transmit the application, together with a staff recommendation, to the City Council for consideration at a regular or special meeting. The City Council shall act to grant, conditionally grant, or deny each completed application within sixty (60) days after the application is deemed complete.
D. No Permit Application shall be deemed approved except upon the affirmative action of the City Council by resolution.
1.16.100 Standards for approval of third-party use.
A. In acting on a Permit Application, the City Council shall consider the following factors:
1. Whether the proposed use serves a civic, community, educational, charitable, or governmental purpose, or supports an activity or event conducted in cooperation with, or for the benefit of, the City of Marina or its residents;
11 2. Whether the proposed use is connected with a City-sponsored, City-co-sponsored, or City-recognized event, program, or function;
3. Whether the proposed use is limited in scope, duration, and geographic reach;
4. Whether the proposed use will be consistent with the Citywide Public Sign and Identity Program Guidelines and will not alter, modify, deface, or diminish the City Insignia;
5. Whether the proposed use is likely to cause confusion as to whether the applicant or its activities are endorsed, sponsored, or authorized by the City;
6. Whether the applicant has agreed to refrain from any political advertising or activity using the City Insignia;
7. Whether the applicant has agreed not to register the proposed use, in whole or in part, as a trademark, service mark, or other intellectual property right; and
8. Whether the proposed use is likely to dilute, or to impair the distinctiveness or integrity of, the City Insignia.
B. The City Council may, by resolution, approve a Permit Application subject to conditions, including but not limited to:
1. Identification of the specific event for which the use is authorized and the starting and ending dates of the authorized use, and limitations on the duration, quantity, and geographic scope of the use;
2. Requirements that the applicant submit final artwork or proofs for review and approval prior to production;
3. A requirement that the applicant provide a copy of the final product or publication to the City;
4. A requirement that the applicant enter into a written license agreement on terms approved by the City Attorney;
5. A requirement that the applicant indemnify, defend, and hold the City harmless from any claims arising out of the authorized use;
6. A reservation of the City’s right to revoke the approval at any time, upon written notice, for any material breach of the conditions of approval; and
7. A prohibition on any sublicensing, assignment, or transfer of the approved use.
C. Approval of a Permit Application does not transfer to the applicant any ownership of, or trademark, copyright, or other intellectual property interest in, the City Insignia. All such rights remain with the City.
D. No approval shall be granted that authorizes the inclusion of any City Insignia in any mark, design, or composite that the applicant intends to register, or has registered, as a 12 trademark, service mark, or other intellectual property right with any state or federal authority.
E. Conditions applicable to all approved use. Any use of the City Insignia approved under this chapter, whether by an organization or any other third party, is subject to the following conditions, whether or not separately stated in the approval:
1. The City Insignia shall be reproduced in its entirety, with no alterations, and no element of the City Insignia may be isolated, used alone, or used in combination with any other art, symbol, or words;
2. The reproduction of the City Insignia shall be clear and legible whenever it is enlarged or reduced; and
3. The City’s approval of a particular use does not constitute approval of any future or recurring use, each of which requires separate approval under this chapter.
1.16.110 Penalties and remedies.
A. Each violation of this chapter shall constitute an infraction or misdemeanor, in the discretion of the City Attorney, and shall be subject to the penalties and procedures set forth in Chapter 1.08 (Code Violations) of this Code.
B. In addition to or as an alternative to the penalties set forth in subsection A, any violation of this chapter may be enforced by administrative citation and administrative fines pursuant to Chapter 1.12 (Administrative Fines) of this Code.
C. Each day a violation continues, and each separate use of the City Insignia in violation of this chapter, shall constitute a separate offense.
D. In addition to any criminal or administrative remedy, the City may bring a civil action pursuant to Chapter 1.10 (Civil Enforcement) of this Code, or under any other authority available to it, to enjoin any violation of this chapter, to abate the violation as a public nuisance, to recover damages, to obtain disgorgement of profits derived from any unauthorized use, to recover the City’s reasonable attorneys’ fees and costs, and to pursue any other remedy available at law or in equity, including any remedy available under federal or state intellectual property law.
E. Where a violation of this chapter is committed by a member of the City Council, the City Council may, in addition to or as an alternative to any other remedy provided by this chapter or by law, adopt a resolution of censure condemning the violation. A resolution of censure is a nonexclusive remedy and does not limit any other penalty or remedy available under this chapter or applicable law.
F. The remedies in this section are cumulative and in addition to all other remedies available to the City under law.
1.16.120 No waiver of City rights.
Nothing in this chapter shall be construed to limit, waive, or impair any right of the City under federal or state intellectual property law, contract, common law, or otherwise. The City expressly reserves all rights in the City Insignia.
13 SECTION 3. Citywide Public Sign and Identity Program Continued in Effect.
The Citywide Public Sign and Identity Program Guidelines, adopted by Resolution No. 2008- 205, shall remain in full force and effect and shall be construed consistently with the chapter added by this ordinance. To the extent any conflict exists between this ordinance and the Guidelines, this ordinance shall control.
SECTION 4. Prior Resolutions.
Existing City Council resolutions approving the use of the City Insignia by third parties shall remain in effect according to their terms, but any renewal, extension, or modification of such approval shall be subject to the chapter added by this ordinance.
SECTION 5. CEQA.
The City Council finds that adoption of this ordinance is not a “project” subject to the California Environmental Quality Act under State CEQA Guidelines sections 15061(b)(3) and 15378(b)(5), as it is an administrative activity of government that will not result in direct or indirect physical changes in the environment.
SECTION 6. Severability.
If any provision of this ordinance, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 7. Effective Date.
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 8. Publication.
The City Clerk shall cause this ordinance to be published in the manner required by Council resolution.
INTRODUCED at a regular meeting of the City Council of the City of Marina held on the 1stday of July 2026.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina, duly held on the 5th day of August 2026, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
______________________________
Bruce Delgado, Mayor
ATTEST:
_____________________________
Anita Sharp, City Clerk
14