281 ORDINANCE ____ _
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3 An Ordinance amending Section 13-31 of the City of South Miami Code of
4 Ordinances concerning use of the name "City of South Miami and city's
5 official seal and logo.
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8 WHEREAS, the City of South Miami ("City") has approved a brand for the City; and
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10 WHEREAS, there is a need to provide the City Manager with greater control over the
11 use of the City's name, seal and logo; and
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13 WHEREAS, the ordinance has some grammatical and typographical errors; and
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15 WHEREAS, the ordinance needs to define some additional terms and to be re-
16 numbered to make it easier to read.
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18 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
19 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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21 Section 1. Section 13-31 of the City of South Miami Code is hereby amended to read as
22 follows:
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24 Sec. 13-31 Restriction on the use of the name "City of South Miami" and city's official
25 seal and logo. All persons are hereby prohibited from using the name, logo or the official
26 seal of the City of South Miami, whether directly or indirectly, expressly or by implication
27 impliedly, for any purpose, without the prior written consent of the city manager.
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29 Will Definitions,.,. ~As used in this ordinance, shall have the following meaning:
30 affiBle.
31 the 'J't'ord@l "person" is intended to and shall mean and include any and all
32 persons, whether natural or corporate, and all other legal entities and
33 organizations, whether singular or plural;
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35 As used in this article, the word @"organization" is intended to and shall mean
36 and include all formal and informal groups, associations, and aggregates of
37 persons, groups and/or associations which are not themselves legal entities,
3 8 whether singular or plural.
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40 As used in this article, the 'Nord ifl "use" is intended to and shall mean the
41 express or implied appropriation and publication, whether orally or in writing,
42 printed or in electronic any other media or in any other means of
43 communication, of the phase "City of South Miami" or a depiction of the official
44 seal or any official logo of the city, in a way that expressly or by implication
45 impliedly creates the perception that the city, and/or some department thereof,
46 it's departments, agencies or programs, ffi-are involved in, or supports or
47 endorses in any way, a person or organization in any pursuit, activity, or thing
48 of any kind Whatsoever, including but not limited to causes or events.
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50 (d) "property" means all real property as well as all tangible and intangible
51 personal property.
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tt»m License for use. Nothing in this article shall restrict the city manager from
entering into a licensing agreement with any person or organization for the use of
the city's name, logo§. or official seal for any purpose and without monetary
consideration, provided such licensing agreement is in writing and signed by the
City Manager. However, t and has been authorized by a duly adopted
resolution of the city commission. The city manager, with the advice and consent
of the city commission, may from time to time be authorized by resolution of the
city commission, to enter into stiBI=l-licensing agreements with revenue generating
potential on behalf of the city for the use of the city's name, logo§. or official seal.
fGj@ Unauthorized use and ratification of unauthorized use.
(a) It shall be unlawful for -If any person to uses the city's name, logo§. or
official seal in any application for a grant, for a loan, or in any other manner,
or for any other purpose, either expressly or by implication, without proper
written authorization by the city manager.,.-anG,-1ff the intent or result of the
use of the city's name, logo§. or official seal is to obtain services and/or
tangible and/or intangible property, then the person who obtains the property
and/or services, and the person who caused the city's name, logo or official
seal to be used, shall be presumed to have done so in violation of the
requirements of this ordinance aftiGle, and with the knowledge and intent to
pay the city for the use of the city's name, logo§. or official seal as set forth
hereinafter. However, nothing contained herein shall imply that the city
authorizes any use of the city's name, logo or official seal without the prior
written consent of the city manager.
iQlJf any person uses the name "City of South Miami" in a manner that
implies official consent by, partnership with, or representation of the city
government, in any application for a grant, for a loan, or in any other manner,
or for any other purpose, either expressly or by implication, without proper
written authorization by the city manager, and if the intent or result of the use
of the city's name, logos and/or city seal is not just to indicate location or
service details, (e.g., "Our organization is located in the City of South Miami"
or "We offer discounts to residents of the City of South Miami"), but is to
obtain services and/or tangible and/or intangible property, then the person
who obtains the property and/or services, and the person who caused the
city's name to be used, shall be presumed to have done so in violation of the
requirements of this ordinance aftiGle, and with the knowledge and intent to
pay the city for the use of the city's name, logos and/or city seal as set forth
hereinafter. HRowever, nothing contained herein shall imply that the city
authorizes any use of the city's name, logos and/or city seal without the prior
written consent of the city manager.
19. If any person uses the city's name, logo§. or official seal without the
written consent of the city manager and if the city should thereafter ratify the
use by written authority of the city manager or resolution of the city
commission, the person who uses the city's name, logo or official seal with
intent to obtain property and/or services, and the person who caused the
city's name, logo or official seal to be used, shall pay to the city an amount to
be determined by the city, but in no event shall it exceed an amount equal to
twenty-five (25) percent of the funds potentially due or payable to each of
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1 them and the value of the goods and services received by them. and in an
2 amount equal to tvventy five (25) percent of the value of the property and/or
3 services that are received by each of them, or that is due or payable to each
4 of them.
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6 @ The person who used the city's name, logo and/or official seal without
7 the city!.s manager's initial consent and/or the person who caused the
8 unauthorized use of the city's name, logo and/or official seal without the city!.s
9 manager's ffiffial-consent and who fails to pay the city for the use of the city's
10 name, logo and/or official seal,. shall be jointly and severally liable to the city
11 in damages for the same amount as is required in subsection (c) above when
12 the use is ratified set forth in this section to be paid to the city for the
13 unauthorized use of the city's name, logo and/or official seal as well as pre-
14 judgment interest at the statutory rate and a penalty as set forth herein below.
15 ,6,11 payments made to the City of South Miami in compliance 'Nith this article
16 shall be unrestricted and undesignated.
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18 JsU All payments made to the City of South Miami in compliance with this
19 ordinance aftiGIe shall be unrestricted and undesignated.
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21 tGt ill Injunction for unauthorized use. In the event that a person intends to use
22 the city's name, logo and/or official seal without the city's consent, the city shall
23 have the right to seek an injunction to prevent such use. In the event that a
24 person uses the city's name, logo or official seal without the city's consent, the
25 city shall have the right to an injunction to prevent future use as well as damages
26 for the unauthorized use of the city's name, logo or official seal in an amount as
27 set forth in subsection te)-min this section ordinance.
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29 fej @ Application for grants, etc. Nothing in this article shall restrict the city
30 manager, or his/her designee, from using the city's name, logo§ or official seal
31 when applying for grants or awards, or otherwise applying for money, property or
32 services.~ QProvided however, that the city manager shall not execute any
33 contract or agreement for the use of the city's name, logo or official seal by a
34 person or organization without first obtaining authorization from the city
35 commission by way of resolution.
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37 (6) Penalty for unauthorized use. It shall be unlawful to use the City's name, logo
38 or official seal without the prior written consent of the City Manager. Any person
39 who violates this ordinance shall pay a fine of $250, or such other amount as
40 may be set forth in the City's Fee and Fine Schedule, in addition to any fees for
41 the use of the City's name, logo or official seal as set forth in this ordinance.
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43 Section 2. Codification. The provisions of this ordinance shall become and be made
44 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
45 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
46 "ordinance" may be changed to "section" or other appropriate word.
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48 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
49 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
50 shall not affect the validity of the remaining portions of this ordinance.
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Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be
repealed to harmonize the two ordinances shall be repealed.
PASSED AND ENACTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
1st Reading
2 nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
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