1 City Council Meeting: February 11, 2025 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 2.32.020 CONCERNING USE OF THE CITY SEAL AND
OTHER CITY SYMBOLS
WHEREAS, the Council believes it is necessary to regulate the use of the City Seal and other City symbols, as inappropriate use could be misleading and dilute the value of the Seal and symbols.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 2.32.020 is hereby amended to read as follows:
§ 2.32.020 Use of the City Seal and Symbols.
(a) The purpose of this Section is to restrict use of the City Seal, logo, and other insignia to official City business, so the value of the Seal, logo, or insignia is not diminished and to regulate the use of those and other City symbols so the public is not misled to believe a message is supported or authorized by the City when it is not. (b) The City Seal and City logo are the property of the City of Santa Monica and are, and have been, established and designed to identify official City events and programs. In addition to the City Seal and City Logo, the term City insignia shall mean any other logos or emblems used by City departments or divisions, whether trademarked or not, as approved by the City Manager.
2 (c) The City Clerk shall have charge of the City Seal and shall affix the City Seal to all certificates required by law, by this Code, or by ordinance of the City. (d) Except as provided for in this Section, no person, other than the City of Santa Monica, shall reproduce, use, give away, sell, or distribute any seal, or facsimile thereof, purporting to be or represented to be the City Seal of the City of Santa Monica. (e) City officers, City employees, members of the City Council, and members of City Boards and Commissions, may use stationery and printed materials with the City Seal, or facsimile thereof, while acting within the scope of their office or employment. (f) A recognized employee organization may use the City Seal, or facsimile thereof, or City logo or insignia, on stationery or printed materials used in the scope of its representation of City employees and on articles of clothing intended for use by City employees.
(g) No person or campaign committee, including an elected officer of the City, shall use the City Seal, logo, or any insignia, or any design so closely resembling the same as to be apt to deceive or be reasonably mistaken for in any way the City Seal, logo, or City insignia for purposes of supporting or opposing the nomination or election of any person to any City or other public office, or for purpose of supporting or opposing any ballot measure, nor include depiction of any such City Seal, logo, or insignia on any writing distributed for purposes of influencing the action of the electorate, or any part thereof, in any election. This section shall not be applicable to writings or other items such as nametags or other accessories issued by the City of Santa Monica or the City Council as a whole pursuant to law.
3 (h) A Councilmember may wear clothing officially produced by the City depicting the City Seal, logo, or insignia when appearing at City-produced or sponsored events, or other nonpartisan events, or when representing or appearing on behalf of the Council as a whole. Councilmembers may not produce their own items depicting the City Seal, logo, or insignia. A Councilmember may never wear clothing depicting the City Seal, logo, or insignia when attending a campaign event, partisan political event, or when appearing in their individual capacity.
(i) Because the inclusion of the depiction of City resources 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 City resources on campaign materials including clothing items, accessories, and paid or unpaid political advertising, content, or materials advocating for or against the election of candidates or passage of measures, or approval or rejection of items before the City Council, without conspicuously including the disclaimer, “This publication is not sponsored or approved by the City of Santa Monica.” For purpose of this section, City resources includes but is not limited to City Hall, the Public Safety Administration Building, the Civic Auditorium, the Santa Monica Pier and Pier Sign, Airport Terminal, City-owned busses, police cars, fire engines, or other vehicles, or other publicly-owned and prominently recognizable buildings or structures.
This is in addition to any existing local, state, or federal law concerning use of public resources for campaign purposes and campaign advertisement disclosures. This section shall not apply to the depiction of such resources in the official logos or materials of nonpolitical 501(c)(3) not-for-profit organizations such as the Santa Moncia Pier Corporation, 4 the Santa Monica Conservancy, Santa Monica Firefighters Relief Fund, Santa Monica Police Officers Association Charity Fund, or other similar 501(c)(3) not-for-profits. (j) Nothing in this Ordinance shall prevent the City or its departments from producing and selling or giving away clothing or other merchandise with the City logo or insignia for promotional purposes.
(k) Each violation of the provisions of this Section shall constitute a misdemeanor. Alternatively, the Council may approve a censure resolution condemning violations by a Councilmember, and/or a civil action may also be brought by the City or any interested party before any court of competent jurisdiction. In addition to all other remedies authorized by law, the court may impose a fine of up to five hundred dollars for each violation of this Chapter.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official 5 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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Douglas Sloan, City Attorney