2018-005 City Seals and Logos ORDINANCE NO. 2018-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CREATING ARTICLE IV
OF CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE
RELATING 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.
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4,
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.
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Color Logo with Words Black & White Logo with Words
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• OCOEE POLICE LOGO means the officially adopted logo representing the
City's Police Department, generally 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, and with the position of key words however arranged
and using any lettering font.
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• OCOEE FIRE LOGO means the officially adopted logo representing the City's
Fire Department, generally 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, and with the position of key words however arranged and using
any lettering font.
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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,
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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.
§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; however, vendors applying a City Logo to formal bids, proposals, or
other marketing materials that are submitted to the City pursuant to a
competitive solicitation by the City is not deemed a violation of this code..
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.
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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 tra'�_ , 2018.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
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Melanie Sibbitt, City Clerk Rusty Johnson, 11111. , 2
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED? ieir 4 , 2018
APPROVED AS TO FORM AND LEGALITY READ FIRST TIME Wiry o�� , 2018
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THIS Q5f DAY OF pr12CA ' , 2018. READ SECOND TIME AND ADOPTED
7 7,fre 7, ,2018 UNDER
SHUFFIELD, LOWMAN &WILSON, P.A. AGENDA ITEM NO. c•W
City Att•