HomeMy WebLinkAbout1792 ORDINANCE NO. 1792
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 2.02.025, 2.02.050,
AND 1.04.030 TO THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO THE CONDUCT OF MUNICIPAL
ELECTIONS PROOF OF RESIDENCY REQUIREMENTS
AND THE USE OF THE CITY SEAL,
City Attorney Summary
This Ordinance enacts local regulations concerning the conduct of
municipal elections, requiring candidates for elective office to
submit proof of residency at the time of issuing a nomination paper
for elective office, and restricts the use of the City Seal to official
business of the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. Section 802 of Article VIII of the City of Palm Springs Charter provides the
City Council may by ordinance enact procedures for the conduct of municipal elections.
B. Section 5(b) of Article XI of the California Constitution allows Charter
Cities to provide for the conduct of city elections and recognizes that regulations for the
conduct of local elections is a matter of local concern.
C. The City of Palm Springs is in-part a seasonal community and voter
registration may not accurately depict one's residency, as evidenced by a recent
criminal case filed against a Palm Springs candidate for voter fraud and perjury.
D. The City Council desires to require proof of residency requirements to run
for elective office, to further the electoral process from impropriety and/or the
appearance of impropriety.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 2.02.025 is added to the Palm Springs Municipal Code to read:
2.02.025 Proof of Residency Requirements.
(a) At the time of the issuance of a candidate nomination paper pursuant to
applicable laws, each candidate for elective office shall submit to the City Elections
Official proof of residency sufficient for the City Elections Official to determine the
candidate's residency in the City of Palm Springs.
(b) Proof of residency shall be sufficient to demonstrate the candidate is a
bona fide resident of the City as reasonably determined by the City Elections Official,
and may consist of a California issued driver license, California issued Identification
Card, a utility bill at least 30 days old, mortgage documents, property tax statement,
lease agreement, or any combination of such documents.
Ordinance No. 1792
Page 2
(c) If proof of residency is not submitted by a candidate, pursuant to this
Section, at the time of the issuance of a nomination paper; or should the City Elections
Official not be able to make a clear and final determination of the candidate's residency,
the City Elections Official shall issue the candidate a nomination paper and shall imprint
in bold the following statement:
"NOTICE TO VOTER. THIS CANDIDATE HAS NOT DEMONSTRATED
PROOF OF RESIDENCY IN THE CITY OF PALM SPRINGS PURSUANT TO LOCAL
LAW. NOMINATION OF THIS CANDIDATE AND ACCEPTANCE AND FILING OF
THIS NOMINATION PAPER IS CONDITIONED UPON THE CANDIDATE
SUBMITTING PROOF OF BONA FIDE RESIDENCY IN THE CITY OF PALM
SPRINGS."
(d) The City Elections Official shall not accept for filing any candidate
nomination paper without proof of residency pursuant to this Section.
(e) The decisions of the City Elections Official under this Section are final.
SECTION 2. Section 2.02.050 is added to the Palm Springs Municipal Code to read:
2.02.050 Rules and Regulations.
The City Elections Official may issue rules, regulations, notices, memoranda, or
conditions from time to time as the City Elections Official deems appropriate or
necessary, consistent with the provisions of this Chapter and the Palm Springs
Municipal Code.
SECTION 3. Section 1.04.030 is added to the Palm Springs Municipal Code to read:
1.04.030 Use of City Seal.
(a) The City Seal, or any facsimile thereof, shall not be affixed to any
document or writing, except by the City Clerk or such assistants to the City Clerk as
may be authorized by the City Clerk, and except for the purpose of attesting the
document to be an act of the City Council.
(b) No person shall use the City Seal, or any facsimile thereof, for purposes of
supporting or opposing the nomination or election to any city or other public office of
himself or herself or any other person, or for purposes of supporting or opposing any
ballot measure, nor include such City Seal on any writing distributed for purposes of
influencing the action of the electorate, or any part thereof, in any election. This section
shall not be applicable to writings issued by the City of Palm Springs or the City Council
as a whole pursuant to law.
(c) No person, other than an officer or employee of the City of Palm Springs,
shall use the City Seal or any facsimile thereof for any purpose except to the extent
such officer or employee may be authorized to do so by resolution of the City Council.
(d) No person shall use the City Seal, or any facsimile thereof, for any
malicious purpose or for the purpose of personal financial gain.
Ordinance No. 1792
Page 3
(e) Nothing in this Section shall prevent a person from manufacturing or
selling non-documentary objects, such as souvenirs or decorative items, bearing the
City Seal as part of the design, provided that such person undertakes such activity
pursuant to agreement with the City, approved by the City Council or by such officer as
the City Council may designate, containing such requirements and limitations as the
City Council or such officer shall deem appropriate to assure that such use of the City
Seal is in good taste and in the best interests of the City of Palm Springs.
(f) The City Clerk or the City Clerk's representative shall be the custodian of
the City Seal of the City of Palm Springs.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL
THIS 18th DAY OF MAY, 2011.
Stephen P. Pougnet, Mayor
AlIEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1792 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 4' day of May,
2011, and adopted at a regular meeting of the City Council held on the 18th day of May,
2011 by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None. J
,.,James Thompson, City Clerk
City of Palm Springs, California