Ordinance 2016-02ORDINANCE NO. 2016-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY
ADDING A NEW ARTICLE III, ENTITLED "USE OF CITY SEAL"
SECTIONS 1.18 THROUGH 1.20
WHEREAS, the Gilroy City Charter Section 803, entitled "City Clerk: Powers and Duties"
provides that the City Clerk shall be required to be the custodian of the seal of the City; and
WHEREAS, this Gilroy Charter Section does not expressly prohibit the use of the City Seal
by unauthorized users or events; and
WHEREAS, the Gilroy City Code does not expressly provide for any penalties for
unauthorized use of the City Seal; and
WHEREAS, there have been previous occasions where the City Seal has been used without
authorization; and
WHEREAS, to ensure that the City may expressly prohibit the use of the City Seal by
unauthorized users or groups, or prohibit the use of an imitation of the City seal that could likely
confuse or deceive the public, the Gilroy City Code should be amended to prohibit such uses; and
WHEREAS, the subject Ordinance is exempt from environmental review in accordance with
Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as an activity
that can be seen with certainty to have no possibility for causing a significant effect on the
environment; and
NOW, THEREFORE, the City Council of the City of Gilroy does ordain as follows:
SECTION I
Gilroy City Code, Chapter 1, is hereby amended by adding a new Article III, entitled "Use of City
Seal" Sections 1.18 through 1.21, to read as follows:
"1.18 Adoption of Official Seal.
There is an adopted an official seal of the City having around its perimeter the words "City of
Gilroy, California, incorporated March 12, 1870." Any changes to the official seal shall be approved
by the City Council.
1.19 Custodian.
As provided for in the Gilroy City Charter, the City Clerk shall be the custodian of the City Seal.
1.20 Use of City Seal.
(a) It shall be unlawful for any person or group to make or use the seal of the City of Gilroy, or
any derivation, rendering, version, expression, logo, stamp or reproduction thereof, for any purpose
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other than for the official business of the City of Gilroy, its City Council, officers or departments,
except upon approval of the City Council by resolution.
(b) No person or group shall place any imitation of the City Seal, nor any derivation, rendering,
version, expression, logo, stamp or reproduction thereof, on any written, printed or electronic
material that is designed, intended or likely to confuse, deceive or mislead the public or cause the
reader of such material to believe it to be an official City publication.
(c) It shall be unlawful for any person or group to place the City Seal, or any derivation,
rendering, version, expression, logo, stamp or reproduction thereof, on any written, printed or
electronic material in favor of or against any ballot measure, or in favor of or against any candidate
for public office.
1.21 Penalty.
Any person or group violating any provision of this Chapter shall be guilty of a misdemeanor. At the
discretion of the City, this Chapter may also be enforced by use of civil or administrative remedies."
SECTION IV
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 of the remaining portions
of this ordinance. The City Council of the City of Gilroy hereby declares that it would have passed
and adopted this Ordinance, and each section, subsection, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may
be declared invalid or unconstitutional.
SECTION V
This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption.
PASSED AND ADOPTED this 25`h day of January 2016, by the following roll call vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
AULMAN, BRACCO,
MUNOZ, TUCKER,
WOODWARD
NONE
NONE
HARNEY, LEROE-
VELASCO, and
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2016 -02 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 25t' day of January, 2016, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 26ffi day of January, 2016.
(Seal)
of the City of Gilroy