Livingston Municipal Code Ch. 9 Corporate Seal, Logo

1-9-1 Official Seal.

The common seal of the City of Livingston is hereby adopted and described as follows:

A California die, surrounding which in the margin of said seal shall appear the words, “City Of Livingston, California” “The Last Stop”. The disk containing said description shall contain a map of California, a factory, a highway and a cornucopia. The seal shall be in various colors, with primary colors of navy blue and yellow.

1-9-2 Official Logo.

The following is the official logo of the City of Livingston:

[Figure]

1-9-3 Purpose.

The purpose of this Chapter is to protect the City Seal, City Logo, and City Insignia from unauthorized and deceptive use, to prevent fraud, deception, and misrepresentation of City sponsorship or endorsement, and to preserve public confidence in the authenticity of official City communications, while respecting rights protected by the First Amendment to the United States Constitution and Article I, section 2 of the California Constitution.

1-9-4 Definitions.

For purposes of this Chapter:

"City" means the City of Livingston.

"City Seal" means the official corporate seal of the City adopted by the City Council, as it may be altered by the City Council pursuant to Government Code section 34501, together with any authorized variation of the seal.

"City Logo" means the official logo of the City as adopted or designated by resolution of the City Council, together with any authorized variation.

"City Insignia" means, in addition to the City Seal and City Logo, any other logo, emblem, badge, patch, letterhead, business card, website banner, or similar identifying mark or device that depicts or incorporates the City or a City department, as approved by the City Manager.

"Person" means any natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or other entity.

1-9-5 Custodian.

A. The City Clerk is the custodian of the City Seal.

B. The City Manager, or the City Manager's designee, is the custodian of the City Logo and City Insignia and is authorized to determine and approve the appropriate use of the City Logo and City Insignia consistent with this Chapter.

C. The City Council retains the right to adopt, alter, or establish the City Seal and City Logo, and to create official variations, by ordinance or resolution as applicable.

1-9-6 Authorized Use.

A. The City Seal, City Logo, and City Insignia shall be used only for purposes directly connected with the official business of the City, its City Council, boards, commissions, committees, officers, employees, and departments, or as otherwise expressly authorized in writing by the City Clerk (as to the City Seal) or the City Manager or designee (as to the City Logo and City Insignia).

B. The City Clerk or designee, as custodian of the City Seal, is authorized to affix the City Seal to certificates and documents as required by law, this Code, or City ordinance or resolution, to authenticate official City documents. Instruments requiring the City Seal shall be signed as provided in Government Code section 40602.

C. City officers, employees, members of the City Council, and members of City boards, commissions, and committees may use stationery, printed materials, and other articles bearing the City Seal, City Logo, or City Insignia while acting within the scope of their office or employment and in accordance with this Code and the City Council Rules and Procedures.

D. A person seeking to use the City Seal, City Logo, or City Insignia for a purpose not otherwise authorized by this Chapter must obtain the prior written authorization of the City Manager or designee. The City Manager or designee shall not authorize any use that suggests City endorsement of a candidate, ballot measure, political activity, product, or commercial venture, or that is otherwise prohibited by law or inconsistent with this Chapter.

1-9-7 Prohibited Uses.

A. No person shall use, display, reproduce, or distribute the City Seal, City Logo, or City Insignia, or any facsimile, or any colorable imitation so similar that it may reasonably be mistaken for the City Seal, City Logo, or City Insignia, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that a document, item, statement, publication, product, event, organization, or activity is sponsored, endorsed, authorized, or approved by the City when it is not, without the prior written authorization of the City Clerk or the City Manager or designee.

B. No person shall use the City Seal, City Logo, or City Insignia, or any facsimile thereof, for the purpose of supporting or opposing any candidate for elective office or any ballot measure, or on any writing distributed for the purpose of influencing the action of the electorate in any election. This subsection does not apply to writings issued by the City or the City Council as a whole pursuant to law.

C. No person shall use the City Seal, City Logo, or City Insignia for a commercial purpose in a manner reasonably calculated to convey a false impression of City sponsorship, endorsement, or approval, without the prior written authorization of the City Manager or designee.

1-9-8 Exceptions; Construction Consistent With the First Amendment.

A. This Chapter shall not be construed to prohibit, and nothing in Section1-9-7 applies to, any use of the City Seal, City Logo, or City Insignia that is protected by the First Amendment to the United States Constitution or Article I, section 2 of the California Constitution, including news reporting, commentary, criticism, education, scholarship, and artistic or political expression, or any other use that does not convey, and is not reasonably calculated to convey, a false impression of City sponsorship, endorsement, or approval.

B. This Chapter does not prohibit the accurate reproduction or display of an official City document, communication, or news release that bears the City Seal, City Logo, or City Insignia.

C. This Chapter does not prohibit a use expressly authorized by action of the City Council, or a use in connection with a charitable or nonprofit purpose that has been authorized in writing by the City Manager or designee.

D. Nothing in this Chapter prohibits the manufacture or sale of souvenirs or decorative items bearing the City Seal or City Logo where the person does so pursuant to a written agreement with the City containing such terms as the City Manager deems appropriate.

1-9-9 Enforcement; Remedies.

A. The unauthorized use of the City Seal, City Logo, or City Insignia in violation of Section 1-9-7 is declared to be a public nuisance. In addition to any other remedy, the City Attorney may bring a civil action to enjoin the violation and to recover the City's costs and reasonable attorney's fees as permitted by law.

B. A violation of this Chapter may be enforced by administrative citation and administrative fine pursuant to the City's administrative citation procedures set forth in Livingston Municipal Code Chapter 1-18, in an amount not to exceed five hundred dollars ($500.00) per violation.

C. A knowing use of the City Seal, City Logo, or City Insignia that is deceptive, fraudulent, or malicious may be charged as an infraction or a misdemeanor, as determined by the City Attorney. A misdemeanor is punishable by a fine not exceeding one thousand dollars ($1,000.00), imprisonment in the county jail for a term not exceeding six (6) months, or both.

D. In addition to any other penalty or remedy, the City may recover from any person who used the City Seal, City Logo, or City Insignia in violation of this Chapter for a commercial purpose any revenues the person received from the wrongful use.

E. The remedies provided in this Chapter are cumulative and in addition to any other remedy available at law or in equity. Nothing in this Chapter limits the enforcement of Elections Code section 18304, Penal Code sections 538d and 538g, Government Code section 84305.7, or any other applicable law.

1-9-10 Appeals.

A person to whom an administrative citation is issued under this Chapter may contest the citation by following the procedures described in § 1-18-10 through § 1-18-13 of the Livingston Municipal Code.

SECTION 3. Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 4. Enforceability. Repeal of any provision of the Livingston Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 5. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.

SECTION 7. Recordation; Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the LMC or other city ordinance by this Ordinance will be rendered void and cause such previous LMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 8. Environmental Assessment. The City Council finds that this ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA") under State CEQA Guidelines section 15378(b)(5), because it is an organizational or administrative activity of government that will not result in a direct or reasonably foreseeable indirect physical change in the environment. If this ordinance is a project, it is exempt under the "common sense" exemption of State CEQA Guidelines section 15061(b)(3).

SECTION 9. Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Livingston's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 10. Effective Date. This Ordinance will become effective 30 days after adoption.

Introduced: September 1, 2026

Passed and Adopted: September 15, 2026

____________________________

Jose A. Moran, Mayor

Of City of Livingston

ATTEST:

State of California )

County of Merced )

City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 1 st day of September 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston on this 15 th day of September 2026 by the following vote:

AYES: Mayor Moran and Council Members Roth, Singh Uppal, Wallis, and Samra

NOES: None

ABSENT: None

ABSTAIN: None

RECUSAL None

___________________________________

Monica Cisneros, Deputy City Clerk

of the City of Livingston

APPROVED AS TO LEGAL FORM

___________________________________

City Attorney or Assistant City Attorney

Of City of Livingston