Item #09 First Reading of Ordinance Revising Language for the Official Municipal Seal of the City and Adopting New Language for Official City Logos Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: January 16, 2018
Item # 9
Reviewed By:
Contact Name: Al Butler, Director Department Director: I0'7P
Contact Number: 407-554-7063 City Manager:
Z/Z-
Subject:
First Reading of Ordinance Revising Language for the Official '! is pal Seal of the
City and Adopting New Language for Official City Logos.
Background Summary:
The adoption of an official seal by units of local government, including cities, is authorized in section
165.043, Florida Statutes. In accordance with this statute, the City originally adopted an official seal via
Ordinance 94-27 on November 15, 1994. This seal was subsequently modified by Ordinance 2002-26 on
December 17, 2002, to change the words on the seal. Florida law provides various protections for the
use of the official City seal, including specific penalties for its misuse.
Logos and other similar "marks" that are created and used by local governments are not protected
pursuant to the authority stated in section 165.043, Florida Statutes. Such logos and marks must be
protected from misuse by other means, including establishing the marks and logos in ordinance as well
as registering the marks with the state.
The City Commission adopted the current "passion flower" logo at its April 6, 2013 meeting. Subsequent
to this Commission action, the "passion flower" logo has been incorporated into the design of equipment,
letterhead, and uniforms, as these have been replaced in the normal course of operation. The result has
been that the City now utilizes a number of logos for various purposes.
The draft ordinance proposes to formally adopt the "passion flower" logo endorsed by the City
Commission in 2013 and also formally adopts the logos that continue to be used by various City
operational departments and units. The draft Ordinance will repeal the current codification of the City
Seal in order to move this language to a new Article IV in Chapter 1 of the Code, where the language
regarding City logos will also be added. The proposed City Seal and all four logos are unchanged from
their current form. Additionally, in another process, the four logos will be registered with the State.
Issue:
Should the City Commission adopt the attached Ordinance regarding the City Seal and City logos?
Recommendation:
Staff recommends that the City Commission adopt the attached Ordinance regarding the City Seal and
City Logos. A second reading and public hearing will be scheduled for the City Commission's February
6, 2018 meeting.
It is also recommended that the City Attorney work with City staff to secure and renew, when required,
State of Florida and U.S. trademark and/or service mark protection, as appropriate, for the officially
adopted City Seal and logos.
Attachment:
Proposed Ordinance.
Financial Impact:
There is no cost in re-adopting the City Seal. The cost of registering the four City logos is estimated to
be less than $5,000 and will be handled as part of the City's legal expenses. Use of the included seal
and logos will not impose any additional cost on the City.
Type of Item: (please mark with an x'9
Public Hearing For Clerk's Dept Use:
Ordinance First Reading >C Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
x Commission Approval
Discussion&Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Reviewed by Dana Crosby-Col ' - - N/A
Reviewed by Finance Dept. , N/A
Reviewed by ( ) N/A
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CREATING ARTICLE IV
OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE
RELATED TO OFFICIAL CITY SEALS AND LOGOS; REPEALING SECTION 1-
11.1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE, RELATING
TO THE CITY SEAL; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and proprietary
powers necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, Section 165.043, Florida Statutes, establishes the authority for municipalities
to adopt official seals and provides for the municipality to regulate the manufacture, use, display, or
other employment of any facsimile or reproduction of the municipal seal; and
WHEREAS, Florida laws allow units of local government to register their marks and logos
in order to protect its use from persons other than City officials, staff, or other parties acting on
behalf of a the City; and
WHEREAS, the City seeks to ensure clarity and consistency in the use of its official seals
and logos; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the best
interest of the City and its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true
and correct and are incorporated herein by this reference.
Section 2. Authority. The City Commission of the City of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 165 and 166, Florida Statutes.
Section 3. Addition to City Code. A new Article IV is added to Chapter 1 of the Code
of Ordinances of the City of Ocoee, relating to the City's official seals and logos:
ARTICLE IV—Official Seals and Logos.
§1-15. — Legislative findings and intent.
From time to time, the City Commission, Mayor, the City Manager, and the City Clerk
need to be able to use an official seal, as authorized by §165.043, Florida Statutes, to
indicate the authority of the City on documents of legal significance or import and as
symbols of their offices and authority. In addition, all City officials, employees,
departments, and agencies should use an official logo to indicate the involvement,
sponsorship, support, or ownership of the City in various publications, letterhead,
presentations, signs, other facilities, and vehicles that do not have legal import. Thus,
the legislative intent of this article is: (1) designate the official city seal that may be used
to authenticate documents, symbolize their office, or otherwise represent the official and
legal action or position of the City; (2) designate the official city logo(s) that may be
used to identify officials, employees, facilities, vehicles, events, departments, agencies,
and other elements of the City; and (3) to provide for enforcement in the event of
misuse of the seal or logo.
§1-16. — Definitions.
For purposes of this article, the following terms shall have the meanings set forth in this
section:
• CITY SEAL means the official seal of the City as a visual design, shown below,
that is displayed in any form or manner, whether painted, drawn, printed,
electronically reproduced, stamped, embossed, or otherwise presented in any
color or combination of colors.
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• CITY LOGO means the officially adopted logo representing the City in general,
as shown below, displayed in any form or manner, whether painted, drawn,
printed, electronically reproduced, stamped, embossed, or otherwise presented
in any color or in outline form, and with or without the name of the City and State
shown below the graphical image.
V V
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Color Logo Black&White Logo
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Color Logo with Words Black&White Logo with Words
• OCOEE POLICE LOGO means the officially adopted logo representing the
City's Police Department, as shown below, displayed in any form or manner,
whether painted, drawn, printed, electronically reproduced, stamped, embossed,
or otherwise presented in any color, combination of colors, black & white, or in
outline form.
,� Center of Good
R e Liv•.
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• OCOEE FIRE LOGO means the officially adopted logo representing the City's
Fire Department, as shown below, displayed in any form or manner, whether
painted, drawn, printed, electronically reproduced, stamped, embossed, or
otherwise presented in any color, combination of colors, black & white, or in
outline form.
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• OCOEE CODE ENFORCEMENT LOGO means the officially adopted logo
representing the City's Code Enforcement unit, as shown below, displayed in
any form or manner, whether painted, drawn, printed, electronically reproduced,
stamped, embossed, or otherwise presented in any color, combination of colors,
black & white, or in outline form.
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§1-17. — Adoption of Official Seal.
A. The City Seal is hereby adopted as the official seal of the City, as authorized by
§165.043, Florida Statutes, with all the rights and authorities therein provided.
Due to the variations of manufacturing practices and other minor technical
aspects of the process of producing an official seal for the purposes of
reproduction and application, slight differences in the structure and appearance
of the seal are permitted without reducing its validity and authority.
B. The City Clerk shall be the custodian of the official seal of the City.
C. The City seal may be applied to legal documents and other instruments of the
City, when appropriate, by the City Clerk, Deputy City Clerk, City Manager,
Assistant City Manager, or anyone acting for one or more of these named
persons, as necessary or desirable to signify the approval, authorization,
acceptance, adoption, enactment, or execution thereof by the City Commission.
§1-18. —Adoption of Official Logos.
A. The City Logo is hereby adopted as the official logo of the City. A copy of this
logo shall remain on file with the City Clerk. All City officials, employees, and
departments are hereby authorized and directed to use the City logo, as
necessary or desirable, to indicate the ownership, sponsorship, aegis,
endorsement, or other involvement of the City. Depending on the application,
the logo may be reproduced and displayed with or without the words and in a
color appropriate to the use and available in the applicable medium; however, to
the extent reasonable, the color version shown in §1-16, above, should be used.
B. The Ocoee Police Logo is hereby adopted as the official logo of the City Police
Department. A copy of this logo shall remain on file with the City Clerk. All City
Police Department employees are hereby authorized and directed to use the
Ocoee Police Logo, as necessary or desirable, to indicate the ownership,
sponsorship, aegis, endorsement, or other involvement of the City Police
Department. Depending on the application, the logo may be reproduced and
displayed in a color appropriate to the use and available in the applicable
medium; however, to the extent reasonable, the color version shown in §1-16,
above, should be used.
C. The Ocoee Fire Logo is hereby adopted as the official logo of the City Fire
Department. A copy of this logo shall remain on file with the City Clerk. All City
Fire Department employees are hereby authorized and directed to use the
Ocoee Fire Logo, as necessary or desirable, to indicate the ownership,
sponsorship, aegis, endorsement, or other involvement of the City Fire
Department. Depending on the application, the logo may be reproduced and
displayed in a color appropriate to the use and available in the applicable
medium; however, to the extent reasonable, the color version shown in §1-16,
above, should be used.
D. The Ocoee Code Enforcement Logo is hereby adopted as the official logo of the
City Code Enforcement unit. A copy of this logo shall remain on file with the City
Clerk. All City Code Enforcement unit employees are hereby authorized and
directed to use the Ocoee Code Enforcement Logo, as necessary or desirable,
to indicate the ownership, sponsorship, aegis, endorsement, or other
involvement of the City Code Enforcement unit. Depending on the application,
the logo may be reproduced and displayed in a color appropriate to the use and
available in the applicable medium; however, to the extent reasonable, the color
version shown in §1-16, above, should be used.
§1-19. — Protection for City Logos.
A. No person, except City officials or employees in the performance of their official
duties, shall manufacture, use or display the Official Municipal Seal of the City of
Ocoee or a facsimile or reproduction thereof without the express approval of the
City Commission.
B. The officially adopted City logos may be used by non-city entities only with the
prior express written approval of the City Manager or his or her authorized
designee.
C. The City Manager, or other staff authorized by him or her, and the City Attorney
are hereby authorized to protect the City's property rights inherent in the
adoption of the official seal and logos under State and U.S. trademark and
service mark protection laws. Further, the City Attorney, when so directed by
the City Manager, is authorized to pursue injunctive and other forms of relief to
halt or prevent any misuse of the City's various logos by unauthorized persons
and organizations.
§1-20. — Enforcement; penalties.
A. Violations of subsection 1-19A shall be punished as provided in section 165.043,
Florida Statutes.
B. Violations of subsection 1-19B shall be punished pursuant to section 1-12 of this
Code.
C. Each individual act constituting a violation of section 1-19 shall constitute a
separate offense. Further, the City shall be entitled to seek injunctive relief to
halt or prevent any violations of this article.
Section 4. Section 1-11.1. Section 1-11.1 of the City Code of the City of Ocoee is
hereby repealed.
Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portion hereto.
Section 6. Codification. It is the intention of the City Commission of the City that the
provisions of this Ordinance shall become and be made a part of the City of Ocoee Code of
Ordinances. Sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
Section 7. Effective Date. This Ordinance shall be in force and take effect immediately
upon its passage and adoption.
PASSED AND ADOPTED this day of , 2018.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED , 2018
APPROVED AS TO FORM AND LEGALITY READ FIRST TIME , 2018
this_day of , 20_ READ SECOND TIME AND ADOPTED
, 2018 UNDER
SHUFFIELD, LOWMAN &WILSON, P.A. AGENDA ITEM NO.
By:
City Attorney