Pinole Municipal Code Ch. 1.02 City Seal, Logo and City Name

The seal of the City of Pinole is depicted below: A die; the form of the die shall be two circles, one inside the other. Within the inner circle shall be a scene of a hawk flying into Pinole Valley. Depicted in the scene is Pinole Creek with cattails leading to San Pablo Bay, rolling fog, oak trees nestled in the foothills, and the sun behind the hawk’s silhouette. The scene shall be bordered by an acorn pattern with a green and gold ring enveloping the outside of the inner circle. Within the outer circle on the upper part of the circle shall be imprinted the words “City of Pinole.” On the lower part of the circle shall be imprinted “California” and on the right and left sides of the circle shall be the date the city was incorporated, “1903.” Four stars shall separate the four worded sections in the outer circle. The outermost circle shall be a gold ring. The City seal can also be applied in monochromatic color schemes.

[Figure]

(Ord. 2024-03 § 2, 2024)

The City Council, from time to time, may, by resolution, establish and designate the general design and details of official city logos of the city of Pinole. (Ord. 2013-01 § 2, 2013)

The city clerk is the custodian of the official city seal and city logo of the city of Pinole. (Ord. 2013-01 § 2, 2013)

COMMERCIAL PURPOSE. As that phrase is used in this chapter, means and includes, but is not limited to, the promotion, support or endorsement of any group, entity, corporation, partnership, limited liability company, firm, association, or individual which is for-profit or connected in any way with trade, commerce or business.

PRIVATE PURPOSE. As that phrase is used in this chapter, means and includes, but is not limited to:

A. The promotion, support or endorsement of or opposition to any candidate for a public office or the support or endorsement of or opposition to any ballot measure, initiative, referendum, or any other matter voted upon at a proper election.

B. Except the phrase does not include:

1. Any promotion, support or endorsement authorized by action of the City Council, or

2. The promotion, support or endorsement of charitable or non-profit organization. (Ord. 2013-01 § 2, 2013)

The city seal and city logo are the property of the city of Pinole. The city seal and city logo are, and have been, established to identify official documents and official city personnel, facilities, property, events and other publications. It is unlawful for any person to knowingly and publically display the city seal or city logo, or any colorable imitation sufficiently similar such that it may be mistaken for the same, that has been imprinted or embossed on, or affixed, whether digitally or physically, to any item or document, including a website, that is used for a private purpose or commercial purpose, or in any manner that may reasonably be calculated to convey the impression that the item or document has been endorsed, authorized or approved by the city, unless the display is authorized by the City Council or city manager. (Ord. 2013-01 § 2, 2013)

It is unlawful for any person to knowingly use any city-owned property including, but not limited to, real or personal property, improvements, equipment, supplies, or materials of the city for any private purpose or commercial purposes without written authorization by the city manager. This prohibition shall not extend to any use of city sidewalks or use property that is protected by law. (Ord. 2013-01 § 2, 2013)

It is unlawful for any person, including an employee or entity to publically and knowingly use, whether by imprinting on any item or publishing in any document, including, but not limited to, a website, the words "City of Pinole" as part of a name, title or event for a private purpose or commercial purpose in any manner that may reasonably be calculated to convey the impression that an event, entity, organization, policy, product or person is endorsed, authorized, affiliated or approved by the city, unless such name or title is authorized by the city and written authorization for such use has been obtained from the City Council or city manager. (Ord. 2013-01 § 2, 2013)

Nothing in this chapter shall prevent a person from manufacturing or selling non-documentary objects, such as souvenirs or decorative items, bearing the city seal or city logo as part of the design, provided that such person undertakes such activity pursuant to agreement with the city, containing such requirements and limitations as the city manager shall deem appropriate to assure that such use is in the best interests of the city of Pinole. (Ord. 2013-01 § 2, 2013)

The city's public safety badges and patches, such as the emblems and badges of the fire department and police department, which include the city seal and/or city logo, are the property of the city of Pinole. The public safety badges and patches are established and designated to identify official city public safety personnel, employees, documents, property and activities. The public safety badges and patches may be used only pursuant to city policy. It is unlawful for any person to knowingly or willfully display or use the city's public safety badges and patches, or any representation of the same, for a private purpose or commercial purpose, without the express written consent of the city manager. (Ord. 2013-01 § 2, 2013)

Any person or entity violating any of the provisions of this chapter may be guilty of a misdemeanor and punishable as provided in chapter 1.12 of this code. In addition to, and independent of, any criminal enforcement, the city shall be entitled to collect from any person, firm, corporation or entity violating this chapter, and the same shall be paid upon demand by the city, any and all revenues received by the violator from the wrongful use of the city seal or city logo. (Ord. 2013-01 § 2, 2013)

The penalties imposed by the provisions of this chapter shall be supplemental and in addition to any other penalties or remedies which may be imposed or provided by other laws, city policies or ordinances, such as disciplinary action, judicial order or judgment, or other matter. (Ord. 2013-01 § 2, 2013)

A. Any person wishing to appeal a citation issued under this chapter may request, in writing, a hearing before the City Council, or any panel or hearing officer that may be designated by the City Council for such hearings. The request for hearing shall be filed with the office of the city manager within ten (10) days from the date of service of the citation. An address for providing notice of the hearing and decision shall be included with the written request.

B. As soon as practicable after receiving the written request for hearing, the city clerk shall fix a date, time and place for the hearing, which shall not be less than five (5) days nor more than thirty (30) days from the date the appeal was filed with the city manager. If presided over by the city council, the hearing shall be noticed as a special meeting. Written notice of the time and place of the hearing shall be given at least five (5) days prior to the date of the hearing to the party contesting the citation either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the person cited at the address shown on the request for hearing.

C. The citation and any additional report submitted by the citing officer or city manager shall constitute prima facie evidence of the respective facts contained in those documents. The city manager, or his or her designee, may provide additional evidence and testimony at the hearing.

D. At the hearing, the person cited shall be given the opportunity to testify and to present evidence concerning the citation. In lieu of appearance, the person cited may file a written declaration with the city clerk, signed under penalty of perjury, at least two (2) working days prior to the hearing date. A failure to file a written declaration before the hearing or personally attend the hearing shall be considered a non-appearance. Non-appearance by the person cited shall result in dismissal of the appeal.

E. The City Council, or panel or hearing officer designated by the City Council, shall conduct the hearing and may uphold or overrule the citation, or make a determination regarding a decision to charge the citation as an infraction or misdemeanor , through a written decision prepared by the city manager or his/her designee and approved by the city attorney. The written decision shall be served by the city clerk within ten (10) working days after the hearing. The written decision shall be final and conclusive. (Ord. 2013-01 § 2, 2013)