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HomeMy WebLinkAbout2015-27 - Amending Newport Beach Municipal Code Section 1.16.050 Regarding the Use of the Official Seal of the City of Newport BeachORDINANCE NO. 2015-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 1.16.050 REGARDING THE USE OF THE OFFICIAL SEAL OF THE CITY OF NEWPORT BEACH WHEREAS, Newport Beach Municipal Code Chapter 1.16 establishes an official seal for the City of Newport Beach ("City"); WHEREAS, the City uses the official seal to, among other purposes, authenticate official documents and in the regular course and scope of official business; and WHEREAS, the City desires to amend the existing regulations within the Newport Beach Municipal Code to remove potential ambiguity regarding use of the official seal by third -parties. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 1.16.050 of the Newport Beach Municipal Code is hereby amended to read as follows: 1.16.050 Use of the Official Seal. A. The official seal of the City of Newport Beach shall only be used for the official business of the City of Newport Beach, its City Council, boards and commissions, committees, officers or departments, except upon approval of the City Council by ordinance or resolution. Except as expressly provided herein, no person, other than the City of Newport Beach, shall reproduce, use, allow to be used, give away, sell, or distribute the official seal of the City of Newport Beach. B. As used herein, the term `official seal of the City of Newport Beach" shall mean: (1) the seal defined in Chapter 1.16 as well as any design which is an imitation of said seal or of the design thereof, or which may be mistaken for the seal of this City or the design thereof; and (2) any cut, facsimile, or reproduction of said seal. C. As used herein, "use" of the official seal of the City of Newport Beach shall include the depiction of the official seal of the City of Newport Beach in any picture, photograph, or visual representation, whether it is a direct depiction of the seal or the seal is included in the background. Ordinance No. 2015-27 Page 2 of 3 D. As used herein, the term 'official business" shall include: official communications that reflect a position or policy of the City Council; the placement of the City seal on City owned/leased property, City uniforms or City signs; communications from City employees related to matters which the employees are working on for the City; and communications that do not set forth a position or policy of the City such as proclamations, constituent services, thank you cards and letters of condolence. As used herein, the term "official business' shall not include any of the following uses: commercial; or non-commercial including, but not limited to, non-profit, malicious, political, including, but not limited to, the support of or opposition to any person seeking an elected office or any ballot measure, religious, educational, fundraising, personal or secular. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions.of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of 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: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. IJI Ordinance No. 2015-27 Page 3 of 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of August, 2015, and adopted on the 8th day of September, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS Peotter, Petros, Curry Duffield, Muldoon, Dixon, Mayor Selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7 AARON C. HARP, CITY ATTORNEY EDWARD D. SRLICH, STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2015-27 was duly and regularly introduced on the 11th day of August, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of September, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of September, 2015. �IP L11-1 FOR STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-27 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: August 15, 2015 Adopted Ordinance: September 12, 2015 2015. Off mm' witness whereof, I have hereunto subscribed my name this day of V ! I tj No , E 4 I A M, City Clerk City of Newport Beach, California (Seal) `ati PORT � P Cq/./ FOa�