[HISTORY: Adopted by the Board of Commissioners of the Borough
of Wildwood Crest 3-8-2017 by Ord.
No. 1252-2017. Amendments noted where applicable.]
[Added 3-8-2017 by Ord.
No. 1252-2017]
For the purpose of this ordinance, the definitions contained
in this section shall apply:
The Borough of Wildwood Crest, in the County of Cape May,
New Jersey.
The Borough of Wildwood Crest Municipal Clerk, duly appointed
pursuant to law.
Shall refer collectively to the Borough seals and the Borough
logos, and the various trademark, copyright and other intellectual
property rights underlying the same.
The official logos of the Borough of Wildwood Crest, as described
and depicted herein.
The official seals of the Borough of Wildwood Crest, as described
and depicted herein.
The Mayor and Commissioners of the Borough of Wildwood Crest.
Any individual, natural person, partnership, corporation,
limited liability company, sole proprietor, joint venture, society,
association, club, trustee, trust, charity, religious organization
or any owner, officer, agent, employee, servant, factor or any kind
of personal representatives of any of the foregoing.
The terms "use" or "display" in regard to the Borough intellectual
property shall mean use or display that can be viewed by persons in
the Borough, regardless whether such use or display also can be viewed
elsewhere.
[Added 3-8-2017 by Ord.
No. 1252-2017]
The Borough hereby adopts the following Borough seals which
shall constitute the Borough's official seals and emblems. The
images of the Borough seals shall be as set forth below, in their
color and black and white variations:
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The first Borough seal consists of a graphic depiction of two
concentric circles. The printed words "THE BOROUGH OF WILDWOOD CREST
N.J." shall appear in the upper half of the larger circle. The printed
words "INCORPORATED 1910" shall appear in the lower half of the larger
circle. The printed words "BRIGANTINE NANCY" as well as a graphic
depiction of a ship shall appear within the smaller circle. The color
version of the seal has a variegated blue background, and the concentric
circles are both in gold with gold text. The second Borough seal consist
of a graphic depiction of the letter "C" and the printed words Borough
of Wildwood Crest NJ EST. 1910 which printed words appear in the blue
circle surrounding the seal. The color version of this seal has a
blue background with white lettering and the graphic depiction of
the letter "C" in the upper part is yellow with a blue wave line running
halfway through the letter "C" and a red color depicting the bottom
half of the letter "C". The color for the lettering EST. 1910 is the
same yellow color as the upper half of the letter "C".
[Added 3-8-2017 by Ord.
No. 1252-2017]
In addition, the Borough adopts the following trademarks and
logos which shall serve as brand designators as well as marketing,
educational and promotional tools of the Borough:
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The primary trademark and logo for the Borough of Wildwood Crest
consists of a graphic depiction representing the letter "C," the upper
half in gold and the lower half in red, with a blue curved line running
horizontally through the center of the "C." Centered under the "C"
is "WILDWOOD" in thin blue letters, and under that is "CREST" in bold
red letters. Centered under "CREST" is "NEW JERSEY" in the same tone
of blue but bolded, with a thin blue line on each side of it. The
lines run the width of the stacked words "WILDWOOD" and "CREST" above
it.
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The mark consists of a graphic depiction representing the letter
"C," the upper half in gold and the lower half in red, with a blue
curved line running horizontally through the center of the "C." Centered
under the "C" is "WILDWOOD" in thin blue letters, and under that is
"CREST" in bold red letters.
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The mark consists of a graphic depiction representing the letter
"C," the upper half in gold and the lower half in red, with a blue
curved line running horizontally through the center of the "C." Centered
under the "C" is "THE" in thin blue letters, followed by "CREST" in
bold red letters.
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The mark consists of a graphic depiction representing the letter
"C," the upper half in gold and the lower half in red, with a blue
curved line running horizontally through the center of the "C." Centered
under the "C" is "WILDWOOD" in thin blue letters, and under that is
"CREST" in bold red letters. Centered under "CREST" phrase "IT"S BETTER
IN THE CREST" in the same tone of blue but bolded.
The Borough logos shall also include any version of the foregoing
in black and white.
[Added 3-8-2017 by Ord.
No. 1252-2017]
The Borough Clerk shall maintain care and custody of the Borough
intellectual property under the direction of the Governing Body.
[Added 3-8-2017 by Ord.
No. 1252-2017]
Prior to any person using or displaying the Borough intellectual
property or any image that is deceptively or confusingly similar in
appearance to the Borough intellectual property in connection with
any advertising or promotion for any person, product, publication,
business, organization or event, whether offered for sale, for profit,
or offered without charge must submit an application to the Borough
Clerk for approval by the Governing Body. The Governing Body shall
approve or deny each application by resolution. The Governing Body's
resolution shall also specify (a) which element or elements of the
Borough intellectual property, if any, the approved person may use;
(b) the licensing fee, if any, the approved person shall be required
to pay; (c) the period of time for which the approved person may use
the Borough seal and/or the Borough logos; (d) the conditions which
shall trigger the Governing Body's revocation of the license;
and (e) other terms, conditions and limitations as may be determined
by the Governing Body. Any use of the Borough intellectual property
shall be in conformance with the font, color, ratios and size and
other graphical representation as may be stated in the Borough's
conditional grant of authority to use it.
[Added 3-8-2017 by Ord.
No. 1252-2017]
Except as authorized by the Governing Body, as permitted in § 87-5, or as otherwise permitted by law, no person shall (a) use or display the Borough intellectual property or any image that is deceptively or confusingly similar in appearance to the Borough intellectual property; (b) engage in any act or omission that would reasonably convey the false impression that the person was or is officially acting on behalf of the Borough, when in fact that person is not; or (c) use or display the Borough intellectual property in a manner that is contrary to any statute, regulation or ordinance, even if the person had obtained authority to use the Borough intellectual property in another manner.
[Added 3-8-2017 by Ord.
No. 1252-2017]
Any person convicted of a violation of this ordinance shall
be liable for a penalty as follows:
A.
For the first violation, a penalty, if at all, of not more than $500;
B.
For the second violation, a penalty of not less than $500 and not
more than $1,000 and up to 10 days in the County jail or other place
of detention provided by the Borough or performance of 10 days of
community service; and
C.
For each subsequent violation thereafter, a penalty of not less than
$1,000 and not more than $2,000 per violation and up to 20 days in
the County jail or other place of detention provided by the Borough
or performance of 20 days of community service.
After a person has been convicted of a first violation of this
ordinance, each unauthorized publication and/or use of the Borough
intellectual property thereafter by that person, or his, her or its
agent, shall constitute a separate and distinct violation. The Borough
reserves the right to take any other legal action it deems appropriate
to enforce this ordinance.
To the extent that the Borough has State or Federal protection
of the Borough intellectual property that would provide additional
penalties, those shall be deemed to be in addition to the remedies
set forth herein. Without limitation, nothing herein shall impair
the Borough's legal or equitable rights and remedies.
[Added 3-8-2017 by Ord.
No. 1252-2017]
Enforcement of this ordinance is reposed in and shall be the
duty of the Police Department of the Borough.
