THE FLAG AND LOGO - Arlington, Texas...white background with the City of Arlington Logo imprinted or embossed thereon. The words “City of Arlington Texas” shall be printed or embossed

FLAG AND LOGO

Chapter

Ordinances Governing

THE FLAG AND LOGO

in the

CITY OF ARLINGTON

TEXAS

Amended by Ordinance No. 14-042

(August 19, 2014)

(Chapter Designator: FLAG AND LOGO)

FLAG AND LOGO History

ORDINANCE HISTORY Date of Number Adoption Comments

i

86-150 08/12/86

96-123 09/10/96 Amend Article V, Rules Governing the Use of the City

of Arlington Logo, Section 5.03, Allowable Uses, and

add new subsection 5.03(5), relative to conditions

under which permission may be granted to media

agencies to use the logo.

14-042 08/19/14 Amend Article I, Definitions, Section 1.02, Logo;

amend Article II, Clarifying Description of City of

Arlington Flag and Logo, by the deletion of Section

2.02, Illustrating City of Arlington Flag, and the

renumbering of the remaining section; amend Section

2.03, Description of the City of Arlington Flag; amend

Article V, Rules Governing the Use of the City of

Arlington Logo, Section 5.02, Application Submitted;

Section 5.03, Allowable Uses; Section 5.04, Approval;

and Section 5.05, Guidelines to be Followed; amend

Article VI, Use of the Flag, Section 6.01, Use of City

of Arlington Logo, Servicemark and Trademark on

City of Arlington Flag; and Section 6.04, Penalty.

FLAG AND LOGO

Contents

i

TABLE OF CONTENTS

ARTICLE I DEFINITION

Section 1.01 Flag

Section 1.02 Logo

ARTICLE II CLARIFYING DESCRIPTION OF CITY OF ARLINGTON

FLAG AND LOGO

Section 2.01 Purpose

Section 2.02 Description of the City of Arlington Flag

ARTICLE III RULES GOVERNING THE USE OF THE CITY OF

ARLINGTON FLAG

Section 3.01 Flag Outside

Section 3.02 Flag Flying Times

Section 3.03 Inclement Weather

Section 3.04 Special Days

Section 3.05 Hoisting

Section 3.06 Fastening

Section 3.07 Flown Rightside Up

Section 3.08 Processions

Section 3.09 Wall Staffs

Section 3.10 Adjacent Poles

Section 3.11 Single Pole - Courtesy

Section 3.12 Exterior Mounting

Section 3.13 Speaker Platform Display

Section 3.14 Other Means of Display

Section 3.15 Careless Contact

Section 3.16 Vehicle Contact

Section 3.17 Costume and Uniform

Section 3.18 Inappropriate Uses

Section 3.19 Ensignia

Section 3.20 Coverings

Section 3.21 Carrying

Section 3.22 Half-Mast Flying

Section 3.23 Avoiding Soiling or Damage

Section 3.24 Destruction

FLAG AND LOGO

Contents

ii

Section 3.25 Use Subject to United States and Texas Flag Rules

ARTICLE IV PUBLIC DISPLAY OF CITY OF ARLINGTON FLAG

Section 4.01 Position

ARTICLE V RULES GOVERNING THE USE OF THE CITY OF

ARLINGTON LOGO

Section 5.01 Approval Required

Section 5.02 Application Submitted

Section 5.03 Allowable Uses

Section 5.04 Approval

Section 5.05 Guidelines to be Followed

ARTICLE VI USE OF THE FLAG

Section 6.01 Use of City of Arlington Logo, Servicemark and Trademark

on City of Arlington Flag

Section 6.02 Desecration of City of Arlington Flag

Section 6.03 Advertisement

Section 6.04 Penalty

FLAG AND LOGO

1.01

ARTICLE I - 1

(Amend Ord 14-042, 8/19/14)

ARTICLE I

DEFINITIONS

Section 1.01 Flag

The word “Flag”, as used in this ordinance, shall include any flag, standard, or

shield, or copy, picture or representation thereof, made of any substance or represented or

produced thereon, and of any size, evidently purporting to be such flag, standard, or

shield of the City of Arlington, or a copy, picture or representation thereof.

Section 1.02 Logo

The word “Logo”, as used in this ordinance shall include the following images:

(Amend Ord 14-042, 8/19/14)

FLAG AND LOGO

2.01

ARTICLE II - 1

(Amend Ord 14-042, 8/19/14)

ARTICLE II

CLARIFYING DESCRIPTION OF CITY

OF ARLINGTON FLAG AND LOGO

Section 2.01 Purpose

The purpose of this chapter is to clarify the description of the City of Arlington

Flag and the City of Arlington Logo, to standardize the appearance of the Flag and Logo,

and to outline rules to govern the correct use of the Flag and the City of Arlington Logo.


The City of Arlington Flag is an emblem of four sides, and four angles of ninety

(90) degrees each, its height being equal to 60% of its length. The Flag shall consist of a

white background with the City of Arlington Logo imprinted or embossed thereon. The

words “City of Arlington Texas” shall be printed or embossed beneath such Logo and

shall be in black or navy blue. The lettering and Logo shall be centered each way in the

field of the Flag. The entire width of the lettering and Logo shall be two-thirds (2/3) of

the length of the Flag. The entire height of the lettering and logo shall be two-thirds (2/3)

of the height of the Flag. The height of the lettering shall be one-tenth (1/10) of the

height of the Flag. A tolerance of plus or minus 5% of the foregoing proportions is

permitted. (Amend Ord 14-042, 8/19/14)

FLAG AND LOGO 3.01

ARTICLE III

RULES GOVERNING THE USE OF THE CITY OF ARLINGTON FLAG

Section 3.01 Flag Outside When the Flag is displayed out-of-doors on either a flagpole or a staff, the staff should be at least two and one-half times as long as the Flag. The Flag is to be attached at the spearhead end of the staff. Section 3.02 Flag Flying Times The Flag should not be displayed outdoors earlier than sunrise nor later than sunset. However, when a patriotic effect is desired, the City of Arlington Flag may be displayed 24 hours a day if properly illuminated during the hours of darkness, or under the same circumstances as the Flag of the United States of America or the Texas Flag may be displayed. Section 3.03 Inclement Weather The Flag shall not be displayed on days when the weather is inclement, unless a weather-proof flag is displayed. Section 3.04 Special Days It is appropriate to display the Flag on all Federal and State Memorial Days and on special occasions of historical significance. Section 3.05 Hoisting The Flag should always be hoisted briskly, and lowered slowly and furled with appropriate ceremonies. Section 3.06 Fastening The Flag should not be fastened in such a manner that it can be torn easily. Section 3.07 Flown Rightside Up

ARTICLE III - 1 (Amend Ord 86-150, 8/12/86)

FLAG AND LOGO 3.07

When the Flag is flown from a flagpole or staff, the top of the Flag should always be upward. Section 3.08 Processions The City of Arlington Flag should be on the marching left when it is carried in a procession in which the Flag of the United States of America and/or Texas Flag is unfurled. Section 3.09 Wall Staffs The City of Arlington Flag should be on the left of the Flag of the United States of America or Texas Flag, and its staff should be behind the staff of the Flag of the United States of America or Texas Flag when the two are displayed against a wall from crossed staffs. Section 3.10 Adjacent Poles A. When the City of Arlington Flag is flown on a flagpole adjacent to the

flagpole on which the Flag of the United States of America and/or the Texas Flag is flown, it should be unfurled after the Flag of the United States of America and/or the Texas Flag, and it should be displayed at the left of the Flag of the United States of America and/or Texas Flag.

B. When the City of Arlington Flag and the Flag of the United States of

America and/or Texas Flag are displayed at the same time, they should be flown on separate flagpoles of equal length, and the Flags should be approximately the same size.

Section 3.11 Single Pole - Courtesy When it is necessary for the City of Arlington Flag and Flag of the United States of America and/or Texas Flag to be flown from the same halyard, the City of Arlington Flag must be beneath the Flag of the United States of America and/or the Texas Flag.


FLAG AND LOGO 3.12

Section 3.12 Exterior Mounting When the Flag is flown from a window-sill, balcony, or front of a building and flat against the wall, it should be on a staff, and the top of the Flag should be to the observer's right. Section 3.13 Speaker Platform Display A. When the City of Arlington Flag and the Flag of the United States of

America and/or Texas Flag are displayed on a speaker's platform at the same time, the City of Arlington Flag should be on the left side of the speaker. The immediate right side of the speaker is reserved for the Flag of the United States of America or, if it is not displayed, the Texas Flag. If both the Flag of the United States of America and the Texas Flag are displayed, the Texas Flag occupies the speaker's immediate left and the City of Arlington Flag is displayed further left.

B. The Flag should never be used to cover a platform or speaker's desk, nor

to drape over the front of a speaker's platform. C. When the Flag is displayed flat on the wall of a platform, it should be

above, and preferably behind, the speaker. Section 3.14 Other Means of Display A. When the Flag is displayed on a motor car, the staff should be fastened

firmly to the chassis of the car, or clamped firmly to the right fender, unless the Flag of the United States of America or the Texas Flag is flown on the right fender, in which case the City of Arlington Flag should be displayed on the left fender.

B. When the Flag is displayed on a float in a parade, it should always be

attached securely to a staff and consistent with Section 3.08.

C. When the Flag is displayed over the middle of the street, it should be suspended vertically with the top to the north in an east and west street or to the east in a north and south street.

D. When the Flag is suspended across a corridor or lobby in a building, it

should be suspended vertically with the top of the Flag to the observer's left upon entering through the main entry.

Section 3.15 Careless Contact


FLAG AND LOGO 3.14

The Flag should not be allowed to touch the ground, floor, water, or merchandise. Section 3.16 Vehicle Contact The Flag should not be draped over the hood, top, sides or back of any vehicle, or of a railroad train, boat or aircraft. Section 3.17 Costume and Uniform The Flag should not be used as any portion of a costume or athletic uniform, except by approval of the City Council. Section 3.18 Inappropriate Uses The Flag should not be embroidered upon cushions, handkerchiefs, or similar items, nor printed on paper napkins or boxes. Further, the Flag should never be used as a receptacle for receiving, holding, carrying or delivering anything. Section 3.19 Ensignia The Flag should not have any printing, lettering, mark, word, figure, design, picture, or drawing of any kind placed upon it other than prescribed herein. Section 3.20 Coverings It is disrespectful to the Flag to use it for purposes of decoration, either as a covering for automobiles or floats in a parade, or for draping speakers' platforms or stands, for covering a statue or monument, or covering a ceiling, or for any other similar purposes of decoration. For such purposes of decoration, the colors of the Flag may be used in bunting or other cloth. Section 3.21 Carrying Whenever practicable, the Flag should always be carried aloft and free, as it is carried in a parade. Section 3.22 Half-Mast Flying


FLAG AND LOGO 3.21

The Flag is flown at half-mast by first raising it to the top of the flagpole, and then slowly lowering it to a position one-half of the distance down the flagpole, and there leaving it during the time it is to be displayed. In taking the Flag down, it should first be raised to the top of the flagpole, and then slowly lowered and furled with appropriate ceremony. Section 3.23 Avoiding Soiling or Damage The Flag should not be displayed, used, nor stored in such a manner that it can be easily soiled or otherwise damaged. Section 3.24 Destruction When the Flag is in such condition of repair that it is no longer a suitable emblem for displaying, it should be totally destroyed, preferably by burning, and that privately; or this should be done by some other method in keeping with the spirit of respect and reverence which all citizens owe the emblem which represents the City of Arlington. Section 3.25 Use Subject to United States and Texas Flag Rules No use of the City of Arlington Flag should be inconsistent with the rules for use of the Flag of the United States of America or the Texas Flag.


FLAG AND LOGO 4.01

ARTICLE IV

PUBLIC DISPLAY OF CITY OF ARLINGTON FLAG Section 4.01 Position On every occasion of public display of the City of Arlington Flag, within the City, it shall occupy the position of honor when displayed in company with the flags of other cities, states, nations or international organizations; provided, however, that when the Flag of the United States of America or the Texas Flag is displayed with the City of Arlington Flag, those flags shall occupy such position of honor as are accorded them by law.

ARTICLE IV - 1 (Amend Ord 86-150, 8/12/86)

FLAG AND LOGO

5.01

ARTICLE V - 1

(Amend Ord 14-042, 8/19/14)

ARTICLE V

RULES GOVERNING THE USE OF THE

CITY OF ARLINGTON LOGO

Section 5.01 Approval Required

No person, association, corporation, organization, or group, of any type or

character, shall cause or allow to be used or displayed the City of Arlington Logo on any

item unless such use or display is approved as provided by this Ordinance, and is

otherwise in compliance with this Ordinance.


Application for approval to use or display the City of Arlington Logo shall be

made to the City Manager, or his/her designee, prior to such use or display. (Amend Ord

14-042, 8/19/14)


Use of the City of Arlington Logo shall be limited to the following:

1. Nonprofit charitable organizations;

2. Events limited in duration to a period of time specifically designated in the

application;

3. Uses which comport with the guidelines listed in Section 5.05; and/or

4. Such other uses deemed appropriate by the City Manager, or his/her

designee, taking into consideration the good name, reputation and public

image of the City of Arlington at stake each time a request for use is

granted.

5. Media agencies may be granted permission to use the City of Arlington

logo provided the following criteria are met:

FLAG AND LOGO

5.03

ARTICLE V - 2

(Amend Ord 14-042, 8/19/14)

a. if the media agency is a television station with a broadcast signal

which serves the entire population or geographic city limits of the

City of Arlington; or

b. if the media agency is a newspaper with a paid subscriber

circulation within the City of Arlington of not less than 10,000

subscribers.

The City Manager, or his/her designee, shall determine if a media agency

is in compliance with this ordinance. (Amend Ord 14-042, 8/19/14)


The City Manager, or his/her designee, shall review each application for

compliance with this Ordinance. An application for use submitted to the City Manager,

or his/her designee, shall be approved or disapproved by the City Manager, or his/her

designee, and such decision shall be final. (Amend Ord 14-042, 8/19/14)


The following guidelines shall be followed by the City Manager, or his/her

designee, in reviewing each application for use of the City of Arlington Logo.

1. Use of the City of Arlington Logo shall not be allowed if such use:

a. is, or includes matter which is immoral, deceptive, or scandalous

according to community standards;

b. may disparage, or falsely suggest a connection with, or bring into

contempt or disrepute the City of Arlington;

c. is likely to cause confusion or mistake, or to deceive, because,

when applied to the applicant’s proposed use in connection with an

activity or event, the activity or event appears to be controlled by

the City of Arlington when such is not the case. (Amend Ord 14-

042, 8/19/14)

FLAG AND LOGO

6.01

ARTICLE VI - 1

(Amend Ord 14-042, 8/19/14)

ARTICLE VI

USE OF THE FLAG

Section 6.01 Use of City of Arlington Logo, Servicemark and Trademark on City

of Arlington Flag

A. The grant of permission contained in these articles to display the City of Arlington

Flag, and the fact that the Flag contains the City of Arlington Logo, shall not be

construed as general permission for the public to use the City of Arlington Logo,

trademark, or servicemark when same is not a part of such Flag or when such Flag

or display thereof does not comply with the provisions of this ordinance.

B. There is hereby granted permission to manufacture, sell, deliver, possess, and

display the City of Arlington Flag consistent with the provisions of this ordinance.

C. Nothing herein shall be deemed to constitute a waiver by the City of Arlington of

the use of the City of Arlington Logo, its registered servicemark and trademark,

for any use or in any manner not specifically authorized by this ordinance.

(Amend Ord 14-042, 8/19/14)

Section 6.02 Desecration of City of Arlington Flag

A. No person shall intentionally or knowingly desecrate a City of Arlington Flag.

B. For purposes of this section, "desecrate" means deface, damage, or otherwise

physically mistreat in a way that tends to incite an immediate breach of peace.

Section 6.03 Advertisement

A. No person shall display, manufacture, sell, offer for sale, give away or possess for

such purposes, any article or item upon which shall have been printed, painted,

attached or otherwise placed, a representation of the City of Arlington Flag or the

City of Arlington Logo to advertise, call attention to, decorate, mark or distinguish

the article or item on which so placed unless specifically authorized by resolution

of the City Council.

FLAG AND LOGO

6.03

ARTICLE VI - 2

(Amend Ord 14-042, 8/19/14)

B. Advertising signs shall not be fastened to a staff or halyard from which the Flag is

flown.


Any person violating the provisions of Section 6.02 or Section 6.03 of Article VI

of this Chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine

not exceeding $200.00. Each day that a violation is continued shall constitute a separate

offense. (Amend Ord 14-042, 8/19/14)

ORDINANCE NO. 96-123

AN ORDINANCE AMENDING THE "FLAG AND LOGO" CHAPTER OF THE CODE OF THE CITY OF ARLINGTON, TEXAS, 1987, THROUGH THE AMENDMENT OF ARTICLE V, ENTITLED RULES GOVERNING THE USE OF THE CITY OF ARLINGTON LOGO, BY THE AMEND-MENT OF SECTION 5.03, ALLOWABLE USES, AND THE ADDITION OF NEW SUBSECTION 5.03(5), RELATIVE TO CONDITIONS UNDER WHICH PERMISSION MAY BE GRANTED TO MEDIA AGENCIES TO USE THE LOGO; PROVIDING FOR A FINE OF UP TO $200 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER FIRST PUBLICATION

WHEREAS, the City Council finds that broadcast media serving the City of Arlington

and newspapers of general circulation within the City having a paid subscribership within the City of Arlington exceeding 10,000 have a significant ability to promote Arlington's identity and civic pride; and

WHEREAS, because Arlington is located in a large metropolitan area with few

Arlington-based media outlets, news concerning Arlington has been difficult for people interested or living in Arlington to identify; and

WHEREAS, it is important for people interested or living in Arlington to be timely and

comprehensively informed of matters concerning the City of Arlington; and

WHEREAS, the use of the City of Arlington logo by media outlets which serve, but are

not necessarily based in Arlington, will enable these people and others to identify stories and learn about Arlington and take pride in civic accomplishments; NOW THEREFORE,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

1. That the "Flag and Logo" Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Article V, entitled Rules Governing The Use of The City of Arlington Logo, by the amendment of Section 5.03, Allowable

(1)

Uses, and the addition of a new Subsection 5.03(5), so that hereafter said new subsection shall be and read as follows: Section 5.03 Allowable Uses Use of the City of Arlington logo shall be limited to the following: 1. Nonprofit charitable organizations;

2. Events limited in duration to a period of time specifically designated in the application;

3. Uses which comport with the guidelines listed in Section 5.05; and/or 4. Such other uses deemed appropriate by the City Council, taking into

consideration the good name, reputation and public image of the City of Arlington at stake each time a request for use is granted.

5. Media agencies may be granted permission to use the City of Arlington

logo provided the following criteria are met:

a. if the media agency is a television station with a broadcast signal which serves the entire population or geographic city limits of the City of Arlington; or

b. if the media agency is a newspaper with a paid subscriber

circulation within the City of Arlington of not less than 10,000 subscribers.

The City manager shall determine if a media agency is in compliance with this ordinance.

2.

Any person, firm, corporation, agent or employee thereof who violates any of the

provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined an amount not to exceed Two Hundred Dollars and No Cents ($200.00), unless as otherwise provided, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

3.

This ordinance shall be and is hereby declared to be cumulative of all other

ordinances of the City of Arlington; and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be

(2)

inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed.

4.

If any section, subsection, sentence, clause or phrase of this ordinance is for any

reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance.

5.

All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties.

6. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be n addition to any penal provision in this ordinance or in the Code of the City of Arlington.

7. The caption of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, Texas, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law.

8. This ordinance shall become effective ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the 3rd day of September, 1996, at a regular meeting of the City Council of the City of Arlington, Texas; and GIVEN SECOND READING, passed and approved on the 10th day of September, 1996, by a vote of 7 ayes and 1 nays at a regular meeting of the City Council of the City of Arlington, Texas.

(3)

Ordinance No. 14 - 042

An ordinance amending the "Flag and Logo" Chapter of the Code of the City of Arlington, Texas, 1987, through the amendment of Article I, Definitions, Section 1.02, Logo; through the amendment of Article II, Clarifying Description of City of Arlington Flag and Logo, by the deletion of Section 2.02, Illustrating City of Arlington Flag, and the renumbering of the remaining section; and by the amendment of Section 2.03, Description of the City of Arlington Flag; through the amendment of Article V, Rules Governing the Use of the City of Arlington Logo, Section 5.02, Application Submitted; Section 5.03, Allowable Uses; Section 5.04, Approval; and Section 5.05, Guidelines to be Followed; through the amendment of Article VI, Use of the Flag, Section 6.01, Use of City of Arlington Logo, Servicemark and Trademark on City of Arlington Flag; and Section 6.04, Penalty; providing for a fine of up to $200 for each offense in violation of the ordinance; providing this ordinance be cumulative; providing for severability; providing for governmental immunity; providing for injunctions; providing for publication and becoming effective ten days after first publication

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS:

1.

That the "Flag and Logo" Chapter of the Code of the City of Arlington, Texas, 1987, is hereby amended through the amendment of Article I , Definitions, Section 1.02, Logo, so that said section shall be and read as follows:

Section 1.02 Logo

The word "Logo", as used in this ordinance shall include the following images:

* ARLINGTON '" ARLINGTON THE AMER ICA'" DIHA"'" CITY

Further, Article II, Clarifying Description of City of Arlington Flag and Logo, is hereby amended through the deletion of Section 2.02, Illustrating City of Arlington Flag, and the renumbering of the remaining section.

Further, Article II is hereby amended through the amendment of Section 2.03, Description of the City of Arlington Flag, so that said section shall be and read as follows:


The City of Arlington Flag is an emblem of four sides, and four angles of ninety (90) degrees each, its height being equal to 60% of its length. The Flag shall consist of a white background with the City of Arlington Logo imprinted or embossed thereon. The words "City of Arlington Texas" shall be printed or embossed beneath such Logo and shall be in black or navy blue. The lettering and Logo shall be centered each way in the field of the Flag. The entire width of the lettering and Logo shall be two-thirds (2/3) of the length of the Flag. The entire height of the lettering and logo shall be two-thirds (2/3) of the height of the Flag. The height of the lettering shall be one-tenth (1/10) of the height of the Flag. A tolerance of plus or minus 5% of the foregoing proportions is permitted.

Further, Article V, Rules Governing the Use of the City of Arlington Logo, is hereby amended through the amendment of Section 5.02, Application Submitted, so that said section shall be and read as follows:


Application for approval to use or display the City of Arlington Logo shall be made to the City Manager, or his/her designee, prior to such use or display.

Further, Article V is hereby amended through the amendment of Section 5.03, Allowable Uses, so that said section shall be and read as follows:


Use of the City of Arlington Logo shall be limited to the following:

1. Nonprofit charitable organizations;

2. Events limited in duration to a period of time specifically designated in the application;

3. Uses which comport with the guidelines listed in Section 5.05; and/or

(2)

4. Such other uses deemed appropriate by the City Manager, or his/her designee, taking into consideration the good name, reputation and public image of the City of Arlington at stake each time a request for use is granted.

5. Media agencies may be granted permission to use the City of Arlington logo provided the following criteria are met:

a. if the media agency is a television station with a broadcast signal which serves the entire population or geographic city limits of the City of Arlington; or

b. if the media agency is a newspaper with a paid subscriber circulation within the City of Arlington of not less than 10,000 subscribers.

The City Manager, or his/her designee, shall determine if a media agency is in compliance with this ordinance.

Further, Article V is hereby amended through the amendment of Section 5.04, Approval, so that said section shall be and read as follows:


The City Manager, or his/her designee, shall review each application for compliance with this Ordinance. An application for use submitted to the City Manager, or his/her designee, shall be approved or disapproved by the City Manager, or his/her designee, and such decision shall be final.

Further, Article V is hereby amended through the amendment of Section 5.05, Guidelines to be Followed, so that said section shall be and read as follows:


The following guidelines shall be followed by the City Manager, or his/her designee, in reviewing each application for use of the City of Arlington Logo.

1. Use of the City of Arlington Logo shall not be allowed if such use:

a. is, or includes matter which is immoral, deceptive, or scandalous according to community standards;

b. may disparage, or falsely suggest a connection with, or bring into contempt or disrepute the City of Arlington;

(3)

c. is likely to cause confusion or mistake, or to deceive, because, when applied to the applicant's proposed use in connection with an activity or event, the activity or event appears to be controlled by the City of Arlington when such is not the case.

Further, Article VI, Use of the Flag, is hereby amended through the amendment of Section 6.01, Use of City of Arlington Logo, Servicemark and Trademark on City of Arlington Flag, so that said section shall be and read as follows:

Section 6.01 Use of City of Arlington Logo, Servicemark and Trademark on City of Arlington Flag

A. The grant of permission contained in these articles to display the City of Arlington Flag, and the fact that the Flag contains the City of Arlington Logo, shall not be construed as general permission for the public to use the City of Arlington Logo, trademark, or servicemark when same is not a part of such Flag or when such Flag or display thereof does not comply with the provisions of this ordinance.

B. There is hereby granted permission to manufacture, sell, deliver, possess, and display the City of Arlington Flag consistent with the provisions of this ordinance.

C. Nothing herein shall be deemed to constitute a waiver by the City of Arlington of the use of the City of Arlington Logo, its registered servicemark and trademark, for any use or in any manner not specifically authorized by this ordinance.

Further, Article VI is hereby amended through the amendment of Section 6.04, Penalty, so that said section shall be and read as follows:


Any person violating the provisions of Section 6.02 or Section 6.03 of Article VI of this Chapter shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $200.00. Each day that a violation is continued shall constitute a separate offense.

2.

Any person, firm , corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not to exceed Two Hundred and No/ lOO Dollars ($200) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

(4)

3.

This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Arlington, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed.

4.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance.

5.

All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Councilor any City official or employee charged with the enforcement of this ordinance, acting for the City of Arlington in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties.

6.

Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Arlington in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Arlington.

7.

The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Arlington, in compliance with the provisions of Article VII, Section 15, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law.

8.

This ordinance shall become effective ten (10) days after first publication as described above.

PRESENTED AND GIVEN FIRST READING on the 5th day of A ugus t , 2014, at a regular meeting of the City Council of the City of

Arlington, Texas; and GIVEN SECOND READING, passed and approved on the 19th

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day of August , 2014, by a vote of 8 ayes and _0 __ nays at a regular meeting of the City Council of the City of Arlington,

ATIEST:

MARYW. APPROVED AS TO FORM: JAY DOEGEY, City Attorney

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Documents

THE FLAG AND LOGO - Arlington, Texas...white background with the City of Arlington Logo imprinted or embossed thereon. The words “City of Arlington Texas” shall be printed or embossed