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
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witness whereof, I have hereunto subscribed my name this day of V !
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A M,
City Clerk
City of Newport Beach, California
(Seal) `ati PORT
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