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05-93 ORDINANCE NO. 5-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 4.6.7, "SIGNS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB-SUBSECTION 4.6.7(C)(5), "BANNER SIGNS AND FLAGS", AND ENACTING A NEW SUB-SUBSECTION 4.6.7(C) (5), "BANNERS AND WIND SIGNS", TO PROVIDE FOR THE PROHIBITION OF BANNER SIGNS AND WIND SIGNS; BY ENACTING A NEW SUB-SUBSECTION 4.6.7(B) (12), "FLAGS", TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISE OPEN HOUSES OR APARTMENTS, FOR FLYING OF FLAGS OF SERVICE ORGANIZATIONS AT TIMES OF MEETING, AND TO PROVIDE FOR THE FLYING OF NO MORE THAN THREE (3) FLAGS ON PROPERTY LESS THAN ONE ACRE AND ONE FLAG PER 15,000 SQUARE FEET ON PROPERTY GREATER THAN ONE ACRE; AMENDING APPENDIX A, "DEFINITIONS", BY ENACTING A DEFINITION FOR THE TERM "FLAG"; PROVIDING A REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach has invested millions of dollars in installing and maintaining streetscaping and landscaping along the public rights-of-way within Delray Beach; and, WHEREAS, the City of Delray Beach is in the process of implementing its Decade of Excellence Bond Program which will provide additional funding of drainage, paving and beautification of rights-of-way within Delray Beach; and, WHEREAS, the City Commission of the City of Delray Beach has maintained a strict sign code for a number of years, specifically regulating the use of flags, banners, streamers and balloons; and, WHEREAS, the City Commission of the City of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists and motor vehicles; and, WHEREAS, the City Commission of the City of Delray Beach wishes to improve the aesthetics of commercial and residential properties, including the City's rights-of-way within the city limits; and, WHEREAS, the City Commission finds that flags, banners, streamers, balloons and other types of "wind signs" are signs within the meaning of the City of Delray Beach Code of Ordinances; and, WHEREAS, the use of banners, streamers, other types of "wind signs", and balloons as signs is illegal in Delray Beach and damages the aesthetic quality of our residential and commercial zoned neighborhoods; and, WHEREAS, the City Commission finds that the proliferation of flags on commercial and residential properties damages the aesthetic quality of our residential and commercially zoned neighborhoods; and, WHEREAS, the City Commission of the City of Delray 'Beach believes that improving the aesthetics of Delray Beach's residential and commercial neighborhoods will improve the quality of life for the citizens of Delray Beach. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(C), "Prohibited Signs", Sub-subsection 4.6.7(C) (5), "Banner Signs and Flags", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, is hereby repealed, and a new Sub-subsection 4.6.7(C) (5), "Banners and Wind Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follows: (5) Banners and Wind Siqns: (a) Banners: A sign consisting of characters, letters, illustrations or ornamentations attached to cloth, paper, or fabric backing used for the purpose of communicating the presence of a business, the sale of a product, or the location of a business. For special events, temporary banners may be flown as provided for in Section 4.6.7(D) (3) (1). (b) Wind Signs: Signs, consisting of one or more banners, pennants, ribbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being subjected to pressure by wind. Section 2. That Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(B), "Exempt Signs", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is amended by enacting a new Sub-subsection 4.6.7(B)(12), "Flags", to read as follows: (12} Flags: (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: 1. No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. 2. For parcels or developments equal to or greater than one acre in area, no more than one flag per 15,000 square feet of lot area shall be allowed. (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flags of service or civic clubs may be displayed at respective meeting sites during meeting hours. Section 3 That Appendix A, ~Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended by adding a definition for the term "Flag", to read as follows: FLAG - A piece of cloth, varying in design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or organization. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. - 2 - Ord. No. 5-93 Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading; provided, however, that the City's formal enforcement measures shall not begin for a period of sixty (60) days. PASSED AND ADOPTED in regular' session on second and final reading on this the 9th day of February, 1993. ATTEST: ~i~y ~lekk ; First Reading January 26, 1993 Second Reading February 9, 1993 - 3 - Ord. No. 5-93 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ /O/~ - MEETING OF FEBRUARY 9. 1993 ORDINANCE NO, 5-93 DATE: February 5, 1993 This is the second reading of an ordinance amending the Land Development Regulations by repealing and enacting a new Subsection 4.6.7(C)(5) "Banners and Wind Signs" to provide for the prohibition of banner and wind signs; by enacting a new Subsection 4o6.7(B)(12) "Flags" to provide for flying two flags to advertise open houses or apartments, for the flying of flags by service organizations at times of meeting, and to provide for the flying of no more than three (3) flags on property less than one acre and one flag per 15,000 square feet on property greater than one acre; and, by enacting a definition for the term "flag". At the January 26th regular meeting, Ordinance No. 5-93 was passed on first reading by a 4-1 vote (Mr. Randolph dissenting). Recommend approval of Ordinance No. 5-93 on second and final reading. CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 1.7:25 P.09 CITY DF DELRIIY BEACH ' CI'iT ATTORNEY'S OFFICE FACSIMILE 407/~78-4755 Wlr~L'P.~m~' * B l~ll&~na-'B'P, z,~:Lnm (407) 143-?090 Date~ January 26, 1993 To: CIty Commission ~ From~ David N. Tolces, Ass£stant City Attorn 8ubJectl Co~mission Meeting of January 26, 1993 - Item 12-A Og~lnance No. 5-931 Regulation oF. Flags Attached is a new proposed ordinance which will regulate the display of banners, wind signs, and flags within the City. The ordinance ts divided into three section. The first section rev£ses LDR Sect£on 4.6.7(c). This new language will retain the absolute prohibition on flying banners and wind signs. The second section of the ordinance pertains to the regulation of the~pla¥ of flags. These regulations will limit the number of flags to three flags on non residential property of less than one acre. Property equal to or greater than one acre will be able to accommodate one flag per 15,000 sq. ft. This ordinance will not affect flags flying on residentially zoned property. Service organizations may fly =heir flag at' the times o~ their meetings. The third section of the ordinance defines a fla~ as a piece of cloth with the emblem of a state, nation, municipality, or organization. This will limit the types of flags which may be flown, but th~s lim~tation is a reasonable regulation w~thin =he Cl~'s powers. DNT~ih A~tach~ent cc~ David Harden, City Manager CITY RTTORNEY'S OFFICE TEL No. 407 278 4?$$ Jan 26,95 17:26 P.iO ORDINANCE NO. 5-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB-SUBSECTION 4.6.7(C)(5) "BANNER SIGNS AND FLAGS" AND ENACTING A NEW SUB-SUBSECTION 4.6.7(C)(5), "BANNEI~ AND WIND SIGNS" TO PROVIDE FOR THE PRO- HXBITION OF BANNER SIGNS AND WIND SIGNS; BY ENACTING A NEW SUB-SUBSECTION 4.6.7(~)(12), "FLAGS'*, TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISE OPEN HOUSES OR APARTMENTS, FOR FLYING OF FLAGS OF SERVICE ORGANIZATIONS AT TIMES OF MEETING, AND TO PROVIDE FOR THE FLYING OF NO MORE THAN THREE (3) FLAGS ON PROPERTY LESS THAN ONE ACRE AND ONE FLAG PER 15,000 SQUARE FEET ON PROPERTY GREATER THAN ONE ACRE~ AMENDING APPENDIX .A, "DEFXNITIONS", BY ENACTING A DEFXNITION FOR THE TERM "FLAG"~ PROVIDXN~ A REPEALER CLAUSE, SAVXNGS CLAUSE, AND AN EFFECTIVE DATE. --' WHEREAS, the City of Delra¥ Beach has inves=ed millions of dollars ln.~nstallinq and maintaining streetscaping and landscaping along =he public rights-of-way within Delra¥ Beach~ and, WHEREAS, =he CZ=¥ of Delray Beach ts in the process of lmple- men=lng Z=s Decade of Excellence Bond program which w~ll provide add~- tional funding of drainage, pav~ng, and beaut£fication of r~ghts-of-way within Delray Beach~ and, WHEREAS, the City Co~m~ssion of the C[=y of Delray Beach has maintained a strict sign code for a number of years, s~ecifically regulating the use of flags, banners, streamers, and balloons, and, WHEREAS, the City commission of the City of Delray Beach is desirous of providing safe traffic areas for pedestrians, bicyclists, and motor vehicles} and, · . WHEREAS, the City Commission of the City of Delra¥ Beach wishes to improve the aesthetics ~.of commercial and residential properties including the City's rights-of-way wZthfn the city l~mits~ and, WHEREAS, the Ci=y Co~[sston finds that flags, banners, streamers, balloons, and other types of "wind signs*', are signs w~th~n the meaning of the City of Delray Beach Code of Ord[nances~ and, WHEREAS, the use of banners, streamers, other types of "wind signs", and balloons as signs is ~llegal in Delray Beach and damages the CZ Y PTTORNEY'S OFFZ£E TEL No. 407 278 4755 Jan 26,95 17:27 P.11 aesthetic quality of our residential and commercial zoned neighborho~ds~ and, WHEREAS, the City Commtssion finds Hhat the proliferation of flags on commercial and res~dent£a! properties damages the aesthetic quality of our residential and commercially zoned neighborhoods~ and WHEREAS, the City Commission of the city of Delray Beach believes that improving the aesthetics of Delray Beach's residential and commercial neighborhoods will improve the quality of life for the citizens of Delray Beach. NOWt THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS= Seqtion 1. That Article 4.6, "Supplemental Dlstr~ct Reg~lations", Section 4.6.7, "Signs", Subsection 4.6.7(C), "Prohibited S~gns", Sub-subsection 4.6.7(C)(5), "Banner Signs and Flags" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, ~s hereby repealed, and a new. Sub-subsection 4.6.7(C)(5), "Banners and Wind Signs" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follows~ .... 4.6.7(~§) Banners and Wind Siqns. (a) Banners - A sign consisting of characters, letters, ~llustrations or ornamentations attached to cloth, paper, or fabric backing used for ~he purpose of communicat~ng the presence of a business, the sale of a produc~, or the location of a business. For special even=s, temporary banners may be flown as provided for in Se=tion 4.6.7(D](3)(1). (b) Wind.~iqn~ - Signs, consisting of one or more banners, pennants, r~bbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being sub~ected to pressure by wind. Section 2. That Article 4.6, "Supplemental D~str~ct Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(B), "Exempt Signs", of =he Land Developmen~ Regulatlons of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is amended by enacting a new Sub-subsection 4.6.?(B)(12), "Flags", to read as follows: (a) Flags may be displayed on any residential or -non-residential parcel of land ~n accordance with the following rules: CITY ATTORNEY'S OFFICE TEL No. 407 2?$ 47S5 Jan 26,9J 17:27 P.12 No more than three (3) flags may be placed upon any parcel or development less than one acre in size which'is zoned and used for non-residential purposes. 2. For parcels or developments equal to or greater than one acre in area, no more than one flag per 15,000 square feet of lot area shall be allowed. (b) ~o (2) flags may be flown at a time when model homes or model apartments are open £or inspection. (c) Flags of service or civil clubs may be displayed 'at respective meeting sites during meeting hours. Section 3. ?hat Appendix A, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City o£ Delray Beach, Florida, be, and the same is hereby amended to read as follows: Flag - A piece of cloth, varying in design, usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or organization. Section 4. ?hat all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section..5. ?ha~ should any section .or provision oi this ordinance or any po~cion thereof, any paragraph, sentence, or word be declared by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Sectlgn 6. That this ordinance shall become effective immedi- ately upon l~s passage on second and final reading~ provided, however that the City's formal enforcement measures shall not begin for a period o£ sixty (60) days. PASSED AND ADOPTED in regular session on second and final reading on ~hiS ~he ~ day of . . , 1993. ~'~ ¥ '6~ A?TEST~ ChY Clerk .... ~lrst Read~ng Second Reading~_ .._ CITY COMMISSION DOCUMENTATION TO: ,/DAUID T. HARDEN, CITY MANAGER DEPARTMENT OF PLANNING AND ZONING SUBJECT: MEETING OF JANUARY 26, 1993 ORDINANCE AMENDING REGULATIONS PERTAINING TO THE FLYING OF FLAGS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of aDproval of an ordinance which amends the LDRs on first reading. The ordinance modifies Sections 4.6.7(C)(5) and 4.6.7(B)(12) and adds a definition for the Official Flag of the United States. BACKGROUND: This item was before the City Commission on two previous occasions. The last was on January 12th at which time, it was referred for revisions. Revisions have been made taking into account public testimony and the previous recommendations of the Planning and Zoning Board. The changes contemplated in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations along with rules under which such flags are to be flown. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). City Commission Documentation Ordinance Amending Regulations Pertaining to the Flying of Flags Page 2 In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the United States are incorporated as rules to be observed. In order to identify the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq.ft, of additional development (parcel) area. For comments and analysis please refer to the attached Planning and Zoning Board staff report. PLANNING AND ZONING BOARD CONSIDERATION: The Planning and Zoning Board will formally reviewed this latest draft at its meeting of Monday, January 25th. Their comments and recommendations will be reported at the City Commission meeting. RECOMMENDED ACTION: By motion, approval of the proposed ordinance on first reading and the setting of a public hearing date. Attachment: * P&Z Staff Report & Documentation of January 25th * Ordinance by others DJK/CCFLAGS.DOC PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JANUARY 25, 1993 AGENDA ITEM: LDR TEXT AMENDMENT RE BANNER SIGNS AND FLAGS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding a proposed change to the LDRs. The changes contemplated in this proposed ordinance include: * deletion of material pertaining to national flags from existing provisions of the "Banner Signs and Flags" regulations; * addition of national, state, and municipal flags to the list of items exempted from the sign regulations along with rules under which such flags are to be flown. BACKGROUND: This item was taken before the City Commission, in the form of proposed Ordinance No. 67-92, for first reading on December 8, 1992. After considerable discussion, the initial ordinance was set for public hearing. In the meantime, the Planning and Zoning Board reviewed the proposal and recommended that it not be adopted in its proposed form. During the scheduled public hearing before the City Commission (January 12th), the item was remanded for redrafting. Given the opportunity to redraft the item, staff considered the public testimony and the previous recommendation of the Board. The result is an ordinance which retains the prohibition on banners and flags in general; but, which allows national, state, and local flags through an automatic exemption. As an exempted item, there is not the need to acquire a permit, nor to pay a permit fee. Please refer to your background material of January llth for previous information. TEXT CHANGES: DELETION of a portion of existing Section 4.6.7(C)(5): 4.6.7(C) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or ~6 use prohibited sign features. P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 2 (5) Banner Signs and Flags: ~Z~ ~ sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric or any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments Z~ are open for inspection; m~GZdZ~dZ ZZd~/ or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(D)(3)(1). ADDITION OF A NEW SUBSECTION 4.6.7(B)(12) (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the City of Delray Beach, and do not require a permit: (12) Official flags of any Cityf State~ or Nation when flown pursuant to the United States Coder Title 36f Sections 173 to 176f inclusiver and under the following circumstances: (a) at public buildings, or (b) at locations where official governmental businesses are locatedr or (c) upon residentially zoned land which is used for residential purposesr or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions L upon a development which is less than one acre in sizef no more than three such flagsr or combinations of flagsf shall be allowed; upon a development which is greater than one acre in sizer such flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15r000 sq.ft, of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. P&Z Board Memorandum Staff Report LDR Text Amendment Re Banner Signs & Flags Page 3 ANALYSIS: This approach is in keeping with the Board's recommendation that the exemption language be located in Section (B) which deals with Exempt Signs. Also, by keeping 4.6.7(C)(5) we do not remove or affect our existing prohibition of general banners and flag-type signing. By identifying national, state, and local flags as being exempt, they do not require permits and, thus, no fees apply except for those associated with the construction of a flag pole (when one is constructed). In order to provide some regulation so that abuse does not occur, the guidelines for the flying of the Official Flag of the United States are incorporated as rules to be observed. In order to identify the line between proper display and display for commercial purposes, the number of three flags per parcel is established. The three flags can all be of the same kind. Also, for parcels larger than one acre, the number of flags may be increased at the rate of one per 15,000 sq.ft, of additional development (parcel) area. A previously recommended provision for eliminating the number limitation for the Independence Day weekend has not been retained. RECOMMENDED ACTION: By motion, forward the proposed modifications, as presented in this staff report, to the City Commission with a recommendation of approval. Attachments: * Excerpts from the United States Code, Title 36, Sections 173-176 and Exe/c~kt~ Order No. 10834 Report prepared by: ~A~~~ ~ ~3~____ DJK/P Z FLAGS. DOC SUGGESTION AS TO PROCEEDING WITH MODIFICATION OF THE SIGN CODE RE BANNERSw WIND SIGNS~ FLA~S~ ETC Change the existing text as shown below. Add a provision which exempts City, State, and National Flags. Add definition for Official Flag of the United States. (5) Banner Signs and Flags: M~M~ ~ 6 sign having the characters, letters, illustration, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing including any animated or fluttering device designed to attract attention; except for two flag banners per residential development at times the model home or model apartments is open for inspection; ~ ~ ~ fI~ ~f ~ ~ ~ ~ f~; fIiq~ or except for the flags of service and civic clubs when displayed at respective meeting sites during meeting hours; and provided that flag banners shall be limited to an area of fifteen square feet per flag except for temporary banners flown in conjunction with Special Events as provided for in Section 4.6.7(D)(3)(1). (B) Exempt Signs: The following signs are exempt from the provisions of this Section, are allowed to be erected in the City of Delray Beach, and do not require a permit: (12) Official flags of any City, State, or Nation. when flown pursuant to the United States Code, Title 36, Sections 173 to 176, inclu.~ive, and under the following circumstances: (a) at public buildings, or (b) at locations where official governmental business are located, or (c) upon residentially zoned land which is used for residential purposes, or (d) upon land which is zoned and used for non-residential purposes but with the following restrictions L upon a development which is less than one acre in size, no more than three such flags, or combinations of flags, shall be al!owed~. upon a development which is greater than one acre in size, such ..flags may be flown in a display consisting of multiple flags not exceeding an intensity of greater than one flag per 15,000. sq.ft, of lot area. ADD DEFINITION: OFFICIAL FLAG OF THE UNITED STATES: A flag of the design and dimensions as set forth in Part I of Executive Order No. 10834. DJK/FLAGS3.DOC · ,,¢;,.:,. k . ,. ""' . .',~:.:'''. ,..',. : '-..:..:: . ..,~:;.?.: ..... :,. '::i':'~::".:':'i:'.': :' :".~ ":' ' ' ~ i ' · ".. -" ' ' ' "'" ' '-, /"?.:-'::-:.:"':""' ." ' '"".'; :.:! - ' atrioti.~n~ and corem" ' · :. "[ .- ..~ ,~...,...,.,,..-... . ,.. v .... · .- ".!'~:5.,'..:.:.'..,:. ::,'..~ '.. . ercialigm ..)q, .: ...'. · .::7:::,,Y..:':'.::': :-: :.'.,.:. '..'-~ ~: are not the same thing. Delray p '' ' d by~ ;":'""' ' ~....::.~::-:-.::.:.;?:...:..,..::. :...:.:-.:~ . .a?~ ,ee~, sag o~,,-,e elray should stan '::'.,: , - ,:F=;.":;.'..,;,.'-. :- :'..'~:."':: .' '! that maxes the distinction., ,. . ,,,~ ,,~.~:,kk'.2 ;:_ ,. ,- '*"~";~;, q(Z!'"?.-..:' '.'.-] ' i,'tf;i;.~':i'.":.:?:'!,;? :.'):. '.t/,"i . The exlsUng ordinanCe*allows a It~> u~u~.lance, to pas..S;., .?.,?:~i?:;;?;::::.;:.,.:~:::.",~ ~.~a~,=to ~ay .~..ee .aa~..~o t~o.o~ .crass'commercial use'of ,'......~.:..:.....,..... ;.?..:,?. ...'.:'..'-;-.. ..... :.':' :.~ ay ~e au~e.' m other woro~ ". ' ' ·" ' -' .,-,,t ' ":'"-..' ':" . · ...',..;'.:..,:,::.'.,...-.'...'-; 'o,~,.o.~u.s.a,ga,nowe,~t.~tig, t~o.': the A.mencan fla~.-,~:-~: .'.: o,; :'.,::.'"':'/.-'Y'."i,.~' '.': .?; i '.'! ?wm.g.,o. ut otc. ityacUoaacaiastjolm' - '~ ': ..... "" "'?"'" ": "" .';??,'::.'~.'.:~'~.' '.' '::: 'i.' rresc.ott s service station led to a re- ,~L, ,.___~_"_ '~" '; ' ~ -- · """ ' ' ' ' .:.,.:;.~.~-','.,'.--. :..;.:.t ..:' '. ~.. . ezaminaQon or' the law A narticulai- ~u .tm-ee .~ags ¢m the first acre of, .5'., ;:.~:"i'::.~' :':",.:.:'::":-'.; 'concern, accordin toPi,~n,?~;' ;P_r0.per?...a~ one addltiomtl aa tor~, .:...;,~-'~"..........'..: i.,... · g _oDirec- "each ' · g · ':~.~...::.;.:/. '..,-.,: ..'[:~':;::-;'.t:-..::' t., tot Da¥ld I{ovacs, was the requil'emenl; t., ao~..uoaal l,~, .000_ l~i. tlal,e feet, (a ' .::;.' .. · _,' ..f..,;!. ;, · , ~-. :':':.:.f~,':~..:.~..';['(';:':L.,.~:};'.'][;:~]]; t ' that no two flags be ali~e., --:;.,.,., . _m,t,?0r2 maao~-._rld,rdo~anacre).Ml *:.:.... ,.... · ';- '.',' '.'*-: · ::'.' ' ' ot its fi ' -- .~ ,,,,=a. .,ere marsh 'It m ......... · .... · ?-.......~.. ;.......: ·, g rat look at the ,r0Dosed .,,,~,_..._, .... g.. ore -., .. .'" ;- -",' · , · ,., ' · ~- ~---~ ~,,a~.M..~. ~ . · ; :,'*: '7:,.:;,;;.,';.,"..t changes. From the reaction, ltsounded , ye., . .~,ovacssala. · ':":;:::Y't;~:""'.:';"']'::":.':'i · asi/tbecltywantedtoban't~Ameri. ~iome i~o. pie won't be satisfied. '.-"-?).'."; "' .,. L'.;~:.: ]...,..:'.~.'~,: can flag Some ia the audieace ,,,,a ]],~ .egret. ~ many nags somebod " .:. '- :-.;.; ."t'~'.-' ... * ~ .... Wa,,,,, a~ 9-, ~' * '" ' .:.-~-..';'-:'::'....':' ,,...,;. . ;:. ;.:, '~aags. 0tne~.y.e_nedatconunissionem · ~s to_ay:. ~ed ~ Saver,: :'.... · .;.,...:. :'~ .... .'....'; une said Its onna ' . ,.~o.r~..y tot an'. yrescott. 'No .. v.........:.: ...-:.'.,.-., , g kill me that ........... . one .... · '. ;':....*:.-:.:...1 .. :,:. someone's going to have to to ut ,.._~_ ,u, ne ~..lor theu- patrio, · "' .-:' .. :'.-..,....."...'..' ' up the flag." pay' p Usm. Mr. Prescot; originally ran . ..', ... :.-,.~, .-..: ......., .: v: . .. a/oul, o/ the city /or displaying /lve U.$. .,,:. '.:'~Y:...* "'~'. . · '. -. Noonesbouldhavetopaytoputup aagsplusred, wkiteand blue btmting -...:: ':.-.,"..'.. .. ,.o - :.-. ~*',. -- ~:]:;?." i':{'";. ]'..'-::..: '.*'it!'. ." the nag. 'the portion ot the .e~ ~ at, ~s West aUa. tic avea.e staUon ':" : ':':,.'~" setting a $10 lee for flying a flag between Memorial Day and Iadepea .... ,'::-, .-", .... '.' '........- larger, than 3 square feet should ar,d dence Day. ,".,.:'.';....~:,.,..,- : . ~' , . .. .', .... :.,,.:..:.,,,.... :....~ ,~obab~y ,m be ,,=oved ~o~e ~e ~,'. ,,ho a~. ¢.tho~a ot U.S.' '"":' ]:'::'"":~:]~:" ':',..' :.'.::".... ;: · ~. commission again considers the pro- flags -- or one flag the size o! Rhode '" ' "":' ;";"-':"::";"'" "::"';" Posedordinance',/an. 26. 'Tm sure that islam/, for that matter -- - · " :".' :"' ""'"'. ' .', the American flag will not bare a fee are not .... · ".~.'::'.'.i.. '.; ': -...:.. '.,' associated with it," Mr. Kovacs said. demonstrating love of country. They . ", .-]".:.;... :':-- ' . . ::'.':'::.i. ;].'":."...:.,.'"i.t.':! -: -. Aside from that, however the new are tryiag to draw attention to their . . , ........... businesses. Tltat's commercialism, not ' :... }";', '... : ...... '..: '_ · law ~s a distinct improvement over ~ patriotism. The city bas both the fight - "' '::. ,':..-',.:. ,"t :., ',"..'.. 'i" ..old one. Lost amid me tumult was Ibc and ~ duty to impose reasonable ii ': " ":'" ' "': ..... ""' "'" fact that the new law is less strict ~ restricUons, just as It would with any ... ;' ..: ', · - .,, 'the old one. Businesses would be al-. other form o! advertising. . :";'.-:'.,',,'v'~-' . .... ....1 .... · "'""' '* '' '~L~ ":- ' ' ! .... ..., ,. ; ~ ..... '" "'" "" ' -. .... :, t ..:q..'..:. :':].; .' .~. .'; .. '' 't, , · ', , .- · _...;. " .....?~ { .- · -:,:, :.~ .:..~- :.-.:'. .-.... :.... ... . , 1.7' ".~..,: :: ~ , · ..., ~..~ ,. ~ .;...., .... ., : , · . . , . - . , _ ~ '.. - . ..'.. ~.. ,- · '.~'. :;.,.:,.C:2~.: ~,:.*. · , . .. /~*',,." · .-.,. :,., ~;...........: .,: ...... · k , .. _.:,. . :. ; ',:. ;4 ,: ;'.'~',~. *' '.. ·· . ~· .. . ,,~ .?* . .... :, .... ...... i.: i':-.': .*':'.:'::"..'t': :':".... t .' · : .':: .. ,' -:. t.!:..! · ,. '!i-::i;t:,,-':i :-'.'. ' i:! · t ' ~ ..,.. .....':'..,,'~. ¢ ............... :"-' "!' :i' :': "- *:': ' ":. *.'"' :" CHAPTER I~THE FLAG 1. Flag; stripes and stars on. I 2. Same; additional stars. 3. Use of flag for advertising purposes; mutilation of flag. § 1. Flag; stripes and stars on The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field. (July 30, 1947, c. 389, 61 Stat. 642.) EXF_,CLrrIVE ORDER NO, 10798 Ex. Ord. No. 10798, Jan. 5, 1959, 24 F.R. rion 33 of Ex.Ord. No. 10834, set out as a 79, which prescribed proportions and sizes of note under this section. flags until July 4, 1960, was revoked by sec- i EXECLrrlVE ORDER NO. 10834 .: Aug. 21, 1959, 24 F.R. 6865 f PROPORTIONS AND SIZES OF FLAGS AND POSITION OF STARS WHEREAS the State of Hawaii has this ings, Property, and Works], it is hereby or- day been admitted into the union; and dered as follows: WHEREAS section 2 of rifle 4 of the United States Code [section 2 of this rifle] PART I--DESIGN OF THE FLAG provides as follows: "On the admission of a new State into the Union one star shall be Section 1. The flag of the United States added to the union of the ting; and such shall have thirfeon horizontal stripes, alter- addition shall take effect on the fourth day of hate red and 'white, and a union consisting of July then next succeeding such admission."; white stars on a field of blue. and See. 2. The positions of the stars in the WHEREAS the Federal Property and Ad- union of the flag and in the union jack shall ministrnrive Services Act of 1949 (63 Stat. be as indicated on the attachment to this 37'0, as amended [see Short Title note under order, which is hereby made a part of this section 471 of Title 40, Public Buildings, order. .~.~~~.. ........... .,- ~..,,.-.~ ..... Property, and Works], authorizes the Presi- See, 3, The dimensions of the constituent dent to prescribe policies and directives gov- parts of the flag shall conform to the propor- erning the procurement and directives gov- tions set forth in the attachment referred to in erning thc procurement and utilization of section 2 of this order. property by executive agencie~ and WHEREAS the interests of the Govern- PART II--REGULATIONS GOVERN- ment require that orderly and reasonable pro- lNG EXECUTIVE AGENCIES vision be made for various matters pertaining to the flag and that appropriate regulations Sec. 21. The following siz~ of flags are governing the procurement and utilization of authorized for executive agencies: national flags and union jacks by executive agencies be prescribed: Dimensions of flag NOW, THEREFORE, by virtue of the au- thority vested in me as President of the Unit- Hoist I Fly ed States and as Commander in Chief of the Size (width) [ 0en~th) armed forces of the United States, and the ' Feet I F~t Federal Property and Administrative Servic~ ¢1) .............. 20.00 ' 38.00 Act of 1949, as amended [s~ Short Title not~ (2) .............. 10.00 I 19.00 under section 471 of Title 40, Public Build- 1111 4 § 1 FLAG AND SEAL, ETC. Ch. it Dimensions of flag CO) So far as practicable, (1) the actions of ~ the Secretary of Defense under the provir~ns ~ Hoist [ Fly of section 24(a) of this order, as they r~l~te to Size (width) [ 0cnsth) the vm'ious organizational elements of the? I Feet Department of Defense, shall be coordinated, (4) ................ Fee~ 001 11.00 and (2) the Secretary and the Administrator (5) ................ 5100 ] 9.50 shah mutually coordinate their actions under (6) ................ 4.33] 5.50 that section. ('/) ................ 3.50 1 6.65 (8) ................ 3.00] 4.00 Se~. 23. Subject to such limited excep- (9) ................ 3.00 5.70 tions as the Secretary of Defense in respect of (10) ............... 2.37 4.50 the Department of Defense, and the Adminis. (I I) ............... . 1.32 ] 2.50 trator of General Services in respect of execu. tire agencies other than the Department of Sec. 22. Flags manufactured or pur- chased for the use of executive agencies: Defense, may approve, all national flags and union jacks now in the por, s~ion of executive (a) Shall conform to the provisions of Part agencies, or hereafter acquired by executive I of thin order, except as may be otherwise agencies under contracts awarded prior to the authorized pursuant to the provisions of sec- date of this order, including those so p0a- tion 24, or except as othern~e authorized by sessed or ~o acquired by the General Services the provisions of section 21, of this order. Administration for distribution to other seen- Co) Shall conform to the provisions of sec- cies, shall be utilized until unserviceable. tion 21 of this order, except aa may be other- wise authorized pursuant to the provisions of section 24 of this order. PART III---GENERAL PROVISIONS Sen:. 23, The exterior dimensions of each Sec. 31. The flag prescribed by Executive union jack manufactured or purchased for Order No. 10798 of January 3, 1959, shall be executive agencies shall equal the respective the ot~eial flag of the United States until July exterior dimensions of the union of a flag of a 4, 1960, and on that date the flag prescribed size authorized by or pursuant to this order, by Part I of this order shall become the The size of the union jack flown with the official flag of the United States; but this national t~ag shall be the same aa the size of section shall neither derogate from section 24: the union of that national flag. or section 25 of this order nor preclude the = procurement, for executive igencies, of flags ~- See. 24, (a) The Secretat~ of Defense in provided for by or pursuant to this order at respect of procurement for tl~ Department of any time after the date of this order. ' Defense (including military colors) and the '.-. ~- Administrator of General Services in respect See. 32. As used in this order, the term of procurement for executive agencies other "executive agencies_" means the executive de- than the Department of Defense may, for partments and independent establishments ill. cause which the Secretary or the Administra. the executive branch of the Gozc. mment, in- tor, aa the case may be, deems sufficient, chiding wholly-owned Governme~t"'eorpora- make necer~xy minor adjuatmenta in one or tions. ' more of the dimensions or propo~onate di- mensions prescribed by this order, or autho- See, ~3. Executive Order No. 10798 of rize proportions or ~zes other than those January 3, 1959, is hereby revoked. prescribed by section 3 or section 21 of this Dw~aax D. E~s~nt~owr~ 1112 Note 1 O . ' = I~: - --'- ,' J Library References United States ~=,51/~. cJ.s. F~ § 2. CJ.$. United States § 8. Note~ of 1. Discretion of President by statute, but within the discretion of thc Placing of fringe on the national flag, the President as commander-M-chief of the army dimensions of the flag, and arrangement of and navy. 1925, 34 Op. Atty. Gen. 483. the stars are matters of detail not controlled 1113 36 § 172 PATRIOTIC SOCIETIES, ETC. Ch. 10 ! Note 1 Itolling v..C, uperi(~r Court f(,r Clallam i laghan. 1070. .tl l N.Y.: County, 1943, 133 P.2d 803. 16 Wash.2d . Misc.2d 157. 373. !, This section and ~ctio this title codifying ~ toms for display and u~ o § 173. Display and use of flag by ch'lllans; codification of ~ tans does not deprive the rules and customs; definition The follo~ving codification of existing rules and customs pcrlain- [ § 174. Time and . ing to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or (a) Displays on building organizations as may not be required to conform with regulations I It is the universal ct promulgated by one or more executive depar~menls of the Govern- ! sunset on buildings ar ment of the United States. The flag of the United States for 'the ever, when a patriotic purpose of this chapter shall be defined according to sections I and 2 of Title 4 and Executive Order 10834 issued pursuant thereto, i darkness. (June 22, 1942, c. 435, § 1, 56 Stat. 377; Dec. 22, 1942, c. 806, § 1, 56 Stat. 1074; July 7, 1976, Pub. L 94-344, § 1(1), 90 Stat. 810.) [ lb) Manner of hoisting HISTORICAL AND STATUTORY NOTES i The flag should be Revision Note~ and Leglslath'e Report~ 2-1 F.R. 79, x~hich is ~I out as a hole 1976 Act. Senate Rcpor~ No. 94.-797, under section I of Tillc 4. Flag and Seal, [ (C) Inclement weather sec 1976 U.S.Code Cong. and Adm. News, Seat of Goxcrnment. and thc S~a~es. f The flag should not p. 1515. Amendments i inclement, except whc~ References ha Text 19'76 ..Mrnendment. Pub. L. 94-344 add- This chapter, referred to in text. proba- ed provisions defining "flag of the Unit- bly means chapter 435 of Act June 22. ed States' for purposes ol this chapter (d) Particular days of dis: 1942, 56 Stat. 380, which comprises sec- according to ~ctions I and 2 of Title 4 tions 171 to 178 of this title, and Kxecutixe Order 10834. The flag should be di Executive Order 10834, referred to in 1942 Amendment. Acl Dec. 22, 1942, Day, January 1; Inaugt text, is Ex. Ord. No. 10834, Aug. 21, 1959. reena~ed section without change. February 12; WashinF CROSS REFERENCES Easter Sunday (variabl Armed Forces Da3.. th Modification of rules and customs by President. see 36 USCA § 178. staff until noon), the WESTI~W ELECTRONIC RESEARCH Independence Day, Jul: See WESTLAW guide following the F_xpla~.ation pages of this volume. Constitution Day, Septc October; Navy Day, ( NOTES OF DECISIONS Thanksgiving Day, four Generally 2 scription bul are an expre~it, n ol cus- December 25; and suc Purpose i tom and us. age which is designed for. President of the Unite State and local regulations 3 and should be used by civilian author/- tie:s, including school districts. Lapolla admission); and on St~ v. D~llaghan. 1970. 311 N.Y.S.2d 435.6~ 1. Purpose Misc. 2d 157. (e) Display on or near ad~ Federal flag code is not intended to proscribe behavior but is fashioned as 3. Stste m-M toc~i regulations The flag should be di expression of prevalent custom and usage regarding display of American Fl~ regulations of State Commission tration building of ever flag. Lapolla v. Dullaghan, 1970. 311 of E<lucation determining material and N.Y.S.2d 435, 63 Misc.2d 157. size of flag. manner and place of display, care of flag and pledge to the flag are (f) Display In or near poll~ 2. Generally cons-ti~utional and do nol contravene et- Federal flag code provisions are not to cF, er United States Constitution or New The flag should be d be accorded full weight of statutoD' pro- York S',ate Constitution. Lapolla ,'. I:~1- election days. 176 ,TI~,' ETC~ Ch. 10 ~'~ Ch. 10 PATRIOTIC CUSTOMS 36 § 174 i~ laghan, 1970, 311 N.Y.S.2d 43~. 63 pox~cr toTcFulalclhcconductofc'itizcns :3F Misc.2d 157. of thc st~te to~vard the Uniled Stales flag i- This section and section 17.1-175 of ~hen such conduct is likely to produce a '~i this title codifying existing ri. des-and cas- breach of xhe peace ~x'ilhin their borders. ' ? toms for display and use of flag by civil- People v. Von Rosen, 1958, 147 N.E.2d xS; codification of r~.5~'~i tans does not deprive the slates of the327. 13 llL2d 68. .d customs pertain- § 174. Time and occasions for display :t Stat.es of America (a) Displays on buildings and stat:Ion.sty nagsta,s In open; night clisplay civilian groups or m with regulations ~ It is the universal custom to display the flag only from sunrise to · nts of the Govern- , ; sunset on buildings and on stationary flagstaffs in the open. llow- ~ted States for the ?i~ ever, when a patriotic effect is desired, the flag ma)' be displayed ,g to sections 1 and twenty-four hours a day if properly illuminated during the hours of pursuant thereto, ,. darkness. , c. 806, § 1, 56 Stat. ).) . !~ (b) Manner of hoisting )TES The flag should be hoisted briskly and lowered ceremoniously. ch is set out as a note ~f Title 4, Flag and Seal, !,:(C) Inclement weather ~ent, and the States. The flag should not be displayed on days when the weather is iy~inclement, except when an all weather flag is displayed. ,ertl Pub. L. 94-344 add- fining "flag of the Unit- urposes of this chapter (d) Particular days of display lions I and 2 of Title 4 rder 10834. . The flag should be displayed on all days, especially on New Year's ~ent. Act Dec. 22, 1942, Day, January 1; Inauguration Day, n without change. February 12; Washington's Birthday, third Monday in February; · . Easter Sunday (variable); Mother's Day, second Sunday in May; USCA § 178. staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July RCH Constitution Day, September 17; Columbus Da:5', second Monday in o[ this volume. October; Navy Da3', October 27; Veterans Da)', November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, -e an expression of cus- December 25; and such other days as ma)' be proclaimed by the which is designed for, President of the United States; the birthdays of States (date of used by civilian authori- admission); and on State holidays. school districts. Lapolla : ' 770, 311 Iq.¥.S.2d 435, 63 (e) Display on or near administration building Of public Instltutlon~ ~ regulatlon~ The flag should be displayed daily on or near the main adminis- ons of state Commission tration building of eyeD' public institution. ietermining material and nner and place of display, ~d pledge to the flag are (f) Display In or near polling places md do not contravene el- ates Constitution or New The flag should be displayed in or near every polling place on ~stitution. Lapolla v. Dui- election days. 177 36 § 174 PATRIOTIC SOCIETIES, ETC. Ch. 10 Ch. I0 PATRIOTIC C toms pertaining t() thc dl~pI. (g) Display In or near schoolhouses the t'lag of thc United 5talc', The flag should be displayed during school days in or near ex'cD' approved June 22, 1042 - 174(a)) [subsec. (a) (ff thi~ schoolhouse, flag of the United Stales ~,[ be flown for twenty*four h, (June 22, 1942, c. 435, § 2, 56 Stat. 378: Dec. 22, 1942. c. 806, § 2, 56 Stat. day on the grounds of the: 1074; July 7, 1976, Pub. L. 94-344. § 1(2)45). 90 Stat. $10.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports the di-w, lay and use of lbs flag of thc 1976Act. Senate Report No. 94--797, Uniled Slates of America', approved see 1976 U.S,Codc Cong. and Adm. News, June 22, 19-~2, as amended [sec'~ions 171 DISPLAY OF FI. p. 1515. to 17~ of ~his ii,Icj, authority is hereby CDC. fen'ed on thc appropriale t,fficcr of Codifications the S~.ale of ~lar)'land 1(, permit thc fi)'- The Washington ~,lonull Veterans Day was substituted for Ar- in.~ eft thc flag nit the United .gl;tlr.~, Ior day and night as America's t~ misticc l)ay, to conform to tile pro~i- tv.c::tS-fo::r I'~ou~s t,f each day in Flag first President. Tire fifty Am stoas of Act June i. 1954, c. 250, 68 Stat. Ho'.:'se Square, Albemarle and Pratt that encircle the base of the 168. See section 6103 of Title 5, Govern- Strce'.s. Bahimore. Marxland. represent our fifty Statc~ mcnt Organization and Employees. "S~c. 2. Subject ID ibc prox i,.{t,~'~, Of same time, symbolize our clx Amendments section 3 oil thc joint rcs. oluli<,n (,f June eral Union. 1976 Amendment. Subsec. (a). 22. 10-:2. as amended lsecfion 175 t,I this As this Nation's 20OIh Pub. L 94--344, § 1(2), substituted provi- tit!el, au:horilv is also confcrrcd -n the proaches, I believe that it sion permitting display of tile flag for 24 alppropria~e o(ficer of lhe S~alc t,f Man'- Americans well to remcmbc: hours a day to produce a patriotic effect land to permil the flying of a replica ~f of our first President and t<, if flag is properly illuminated during the the flag of thc United Stales which was enduring ideals of our Natio: hours of darkness, for provision permit- in u~e during the War of 1812 It,r tx~'cn- ting night display of thc flag upon spe- ty.itour hours of each day in Flag ]louse As an expression of our rt cial occasions when it is desired to pro- Square. Albemarle and Pratt Strcct~.. Bal. to the ideals of America and duce a patriotic effect, tirades. MarvlandY ance with thc joint rcsoluti, · gress of June 22, 1942 (56 St Subsec. (c). Pub. L 94-344, § !(.3), Lextn~on..Ma.~sachu~ett~; Display of amended by the joint resolu; added provision excepting display of all Flag cember 22, 1942, (56 Slat. weather flag. Pub. L 89-335. No,,'. 8, 1965, 79 Stat. section], which permits thc Subsec. (d). Pub. L. 94-344, § 1(4}. 129-L provided: "That. no~withs~anding displayed at night "upon sp~ eliminated references to "when the an)' ru!e or custom pertaining to the sions when it is desired weather permits" following "displayed display of the flag of the United Slates of patriotic effect," it is appro; on all days" and "Army Da5', April 6~ America as ~t torth in the joint resolu- our national colors henccito~ preceding "Easter Sunday", added refer- lion entil!ed 'Joint rcsolulion to codify ence to "Armed Forces Day, third Satur. and empE."size exisling rules and cue day in May", and substituted "third Moa- toms pertaining to lbs display and use of PR' day in February." for "February 22', "the the flag of the United S~a~es of America', last Monday in May" for "May 30% and appro;ed June 22. 1042 (36 U.S.C. 171-175) [sections 171 to 178 of this ti- "secondber 12". Monday in October" for "Otto. tls]. the flag of the United States of DISPLAY OF FL.~G AT1 America may be flown for twenty-four Subsec. (e). Pub. L. 94--344. § 1(5), hours of each da``' on the green of the The flag of the United States struck out" weather permitting,' fol- lowing "displayed daily", iowa of Lexington..Mas~chuset~s. The one of the first things seen a flag may not be flown pursuant lo the toms ports of entry, both by 1943 Amendment. Act Dec. 22, 1942, authority contained in this Act [this citizens returning from abeD; substituted "fourth Thursday in Novem- note] duriv, g the hours from sunset to travelers from other countries bec" for "last Thursday in November.' sunrise un!ess it is illuminated." As the symbol of our cnusm freedoms, the national Flag House Square, Baltimore, Mar2,'. Valle) Forge State Park. Penns)hanla; United States provide a welD land; Display of Flag; Time Display of Flag ins of warm promise. Act Mar. 26, 1954, c. 109, 68 Stat. 35. Pub. L' 9~-53, July 4, 1975, 89 Stat. provided: 259. provided: "That. nolwilhslanding Many people, however, country at night when the "That notwithstanding any rule or cus- the rule or c~dslom pertaining to the dis- flown, because of thc nc;u I? tom pertaining to the display of the flag play oil ~t~e flag of the United S~a~es of custom of displaying it only of the United Stales of America as ~t America bclx~ccn sunrise and :unsct, as rise to sunset. forth in the joint resolution entitled set forth in s~:clion 2(a) of the joim rcso- Authority exists to amend ti 'Joint resolution to codify and emphasize lution, ev. lil~ed. 'Joint re~lulion to codi- A Congressional joint rcsoluti existing rules and customs pertaining to fy and emphasize exisling rules and cus- 178 ETC. Ch. 10 Ch. 10 PATRIOTIC CUSTOMS 36 § 174 toms pertaining to thc display and u.~ of mo:ia! .~trch in Valley Forge State Park, the flag of the United States of America'. ,' . V~..cv Fo:ge. Pennsylvania. 'l'~c flag r near every approved June 22, 1942 (36 U.S.C. ~ay =or be f]ox~n p~:r~.t~ant lc, the 174(a)) [subset. (a) of this section], the t}:ori:v co~:ained in IEis Act [this note! flag of the United States of America may ' § 2, 56 Stat, be flown for twenty-four hours of each during ~ke hours from sunscl to sunrise day on the grounds of the National Me- unle.~.s it is iJluminated." ':. PROCLAMATIONS i~e flag of the PROCLAMATION NO. -~064 ca', approved July 6, 1971, 36 F.R. 12967 I [sections 171 ' rity is hereby DISPLAY OF FLAGS AT TIlE W..LSItING?ON ?dONUMENT ate officer of ermit thc fly. The Washington Monument stands pla)ed da)' a.-.d night at the Washington :ed States for day and night as America's tribute to our Mon~:ment. day in Flag ' first President. The fifty American flags NOW. TliEREFORE. I. R1CItARD ~' and Pratt :~ that encircle the base of the Monument NINON. President of the United Stales d. represent our fifty States and. at the America. do F. crcby pto<laim thaL t-ffct- ~rovisions of same time, symbolize our enduring Fed- ti~e J~:!.v .l. 1971 the tihy flags t.f Ibc :lion of June eral Union. Uni',cd S~:cs of America displa)ed at n 175 of this As this Nation's 200th )'ear ap- thc V,'a4~i~:g:on Monument in the l)i~.. erred on the proaches, I believe that it would do all trier of Columbia be flo~vn at all times ate of Mary- Americans well to remember the years during t!:e da)' and night, except ~hen a replica of of our first President and to recall the the ,,'es:her is inclement. ; which was enduring ideals of our Nation. The ru!es and customs pertaining to ',2 for twen- the disp!ay of the flag as set forth in the Flag House As an expression of our rededication joint reso!,.:,lion of June 22. 19-12, as Streets, Bal- to the ideals of America and in accord. ance with the joint resolution of Con- amended [~ction 173 et seq. of this ti- tress of June 22, 1942 (56 Stat. 377), as. tlc}. are Eereby modified accordingly. Display of amended by the joint resolution of De- IN V,'IlrNE,gS WHEREOF, I have here- cern)er 22, 1942, (56 Stat. 1074) [this unto scl my Eand this sixth da)' of JulS', 5, 79 Stat. section], which permits the flag to be in the 3'ear of our Lord nineteen hun- thstanding displayed at night "upon special occa. deed seventy-one, and of the Indepen- ng to the ~ sions when it is desired to produce a dence of the United States of America d States of :' patriotic effect," it is appropriate that the one hundred ninety-sixth. ;nt resolu, our national colors henceforth be dis- R;c~vn to codify and cus- md use of America', PROCLAMATION NO. -I131 6 U.S.C. &lay 5, 1972, 37 F.R. 9311 >f this ti- ~tates of DISPLAY OF FLAG AT UNITED STATES CUSTOMS PORTS OF ENTRY n of the The flag of the United States should be 22, 19~2 (56 Stat. 377). as amended (36 :ts. The one of the first things seen at our Cus- U,.q.C. 173-178). permits the flag to be t to the toms ports of entry, both by American displayed at night "upon special occa- .ct [this citizens returning from abroad and by sions ~v~.en it i~ desired to produce a ~nset to travelers from other countries, patriotic As the symbol of our country and our ! betie~e it is appropriate that re- .'lvanla; freedoms, the national colors of the turning citizens and visitors from other United States provide a welcome greet- countries be ~velcomed by our flag ~9 Stat. ins of warm promise, whether they ar~i~e al their porns of en- '.anding Many people, however, enter our try by night or by da)'. the dis- country at night when the flag is not NOW, THEREFORE, l, RICHARD ares of flown, because of the nearly universal NINON, Pre:sident of the Uniled States of ~set, as ;:.: custom of displaying it only from sun- America. do I:ereby proclaim that the t reso- rise to sunset, flag of the United Stales, Of America shall } codi. Authority exists to amend that custom, hereafter be displayed at all times dur- dcus. ~ A Congressional joint resolution of June ins the day and night, except x~hen the 179 Ch. 10 PATRIOTIC C 36 § 174 PATRIOTIC SOCIETIES. ETC. Ch. lO weather is inclement, at United States IN WIINI-k.~S ~A'IIERI~OF. I have here- Of States or localitic'. Customs ports of entry which are contin- un:o set my hand this Jil~h da)' of May, displayed from staffs. ually open. in t~e .x-ear of our Lord nincleen hun- The rules and customs pertaining to dred sexenty-txvo, and of the Indepen- ([') When flags of thc display of thc flag. as ~t forth in thc dcncc of Ibc United Slales of America societies are flown or joint resolution of June 22. 1942. as tke one hundred nincw-six~h. States, the latter shot~ amended, are hereby modified accord. ' ingly. R~cn^~) N~xo,~ flown from adjacent hoisted first and 1o~ CROSS REFERENCES placed above the fla~ Modification of rules and customs by Pr~idcr. t. see 36 USC.~. § 178. flag's right. National observances, display of flag, see 36 U,SCA § 141 et .~eq. (g) When flags of t WESTLAW ELECTRONIC RESEARCH be flown from separ~ See WESTLAW guide following the Explanation pages of this volume, be of approximately display of the flag ~ § 175. Position and manner of display time of peace. (h) When the flag The flag, when carried in a procession with another flag or flags, projecting horizontal should be either on the marching right; that is, the flag's own right, ny, or front of a bull or, if there is a line of other flags, in front of the center of that line. the peak of the staff ~ (a) The flag should not be displayed on a float in a parade except suspended over a sid from a staff, or as provided in subsection (i) of this section, pole at the edge of (b) The flag should not be draped over lhe hood, lop, sides, or union first, from th( back of a vehicle or of a railroad train or a boat. When the flag is (1) When displayc, displayed on a motorcar, the staff shall be fixed firmly to the the union should bc chassis or clamped to the right fender, to the observer's left (c) No other flag or pennant should be placed above or, if on the be displayed in the s same level, to the right of the flag of the United States of America, of the observer in t' except during church services conducted by naval chaplains at sea, 0) When the flag when the church pennant may be flown above the flag during should be suspend( church services for the personnel of the NAT3'. No person shall east and west stre~ display the flag of the United Nations or any other national or (k) When used o~ international flag equal, above, or in a position of superior prom- should be displayc thence or honor to, or in place of, the flag of the United States at played from a staff any place within the United States or an,,' Territory or possession United States of ~' thereof: Provided, That nothing in this section shall make unlawful prominence, in ad the continuance of the practice heretofore followed of displaying honor at the clergy the flag of the United Nations in a position of superior prominence Any other flag so or honor, and other national flags in positions of equal prominence clergyman or spca: or honor, with that of the flag of the United States at lhe head- quarters of the United Nations. (l) The flag shot (d) The flag of the United States of America, when it is displayed unveiling a statue ~ with another flag against a wall from crossed slaffs, should be on covering for the st the right, the flag's own right, and its staff should be in front of the (m) The flag, wi staff of the other flag. the peak for an in (e) The flag of the United States of America should be at the The flag should bc center and at the highest point of the group when a number of flags the day. On Mem~ 180 ~C. Ch. 10 ~;~' Ch. 10 PATRIOTIC CU,qTOM,"; 36 § 175 , I have here- of States or localities or pennants of societies are grouped and day of May, displayed from staffs. fineteen hun- 'he Indepen- 7 (0 When flags of States, cities, or localities, or pennants of of America societies are flown on the same halyard x¥ith thc flag of the United h. States, the latter should always be at the peak. When ibc flags are ~^~ Ntxo~ flown from adjacent staffs, the flag of tile Unilcd States should be hoisted first and lowered last. No such fla~ or pennant may be · placed above the flag of the United States or lo the United States ~'i (g) When flags of two or more nations are displayed, lhcy arc to : be flown from separate staffs of thc same height. Tile flags should .~e. be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. or flagS, ~i (h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balco- wn right,, ny, or front of a building, the union of the flag should be placed at that line. ~ the peak of the staff unless the flag is at half staff. When the flag is le except i suspended over a sidewalk from a rope extending from a house to a section.- pole at the edge of the sidewalk, the flag should be hoisled oul, sides, or. union first, from the building. .e flag'is. (1) When displayed either horizontally or verlically against a wall, ~ to the the union should be uppermost and to the flag's own right, that is, · - to the observer's left. When displayed in a window, the flag should f on the " be displayed in the same way, with the union or blue field lo the Ich ~merica, of the observer in the street. ; at sea, {J) When the flag is displayed over the middle of the street, it during should be suspended vertically with the union to the north in an ,n shall ..: east and west street or to the east in a north and south slreel. ~ prom- (k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When dis- rates at session ' played from a staff in a church or public auditorium, lhe flag of the dawful ': United States of America should hold the position of superior ~laying prominence, in advance of the audience, and in the position of inence honor at the clergyman's or speaker's right as he faces the audience. inence Any other flag so displayed should be placed on the left of the head. - - clergyman or speaker or to the right of the audience. · ~ (l) The flag should form a distinctive feature of the ceremony of played ' ..: unveiling a statue or monument, but it should never be used as the .... covering for the statue or monument. be of the - (m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. at the The flag should be again raised to the peak before it is lowered for ~ flags ' the day. On Memorial Da.',' the flag should be displayed al half-staff 181 36 § 175 PATRIOTIC SOCIETIES, ETC. Ch. 10 Ch. 10 PATRIOTIC CUSTOMS until noon only, then raised to tile top of Ibc staff. By order of lhe lllSTORICAL ANI. President, the flag shall be flown at half-staff upon lhe dealh of Revision Notes and Leglslatlse Report 1953 Act. Senate Rcporl No. 83-25? principal figures of the United States Government and Ibc Governor see 1953 U.S.Codc Cong. and Adm. Ncx,' of a State, territory, or possession, as a mark of respect to their p. 1850. memory. In the event of the death of other officials or foreign 1970 Act. Senate Rcporl No. q4-79~ dignitaries, the flag is to be displayed at half-staff according to see 1976 U.S.Code Cong. and Adm. Ncx,' Presidential instructions or orders, or in accordance wilh recog- p. 1515. Amendments nized customs or practices not inconsistent with law. In tile event 1976 Amendment. Sub'.cc. tb of thc death of a present or former official of the government of Pub. L. 94-344, § 1(6) substituted "righ any State, territory, or possession of the United States, the Governor fender" for "radiator cap". of that State, territory, or possession may proclaim lhat the Nation- Subset. (ir). Pub. L. 94-344. § 1(7 al flag shall be flown at half-staff. The flag shall be flown at substituted "lo the United States flag right" for "to the righ! of lhe flag of th half-staff thirty days from the death of the President or a former United States". President; ten days from the day of death of the Vice President, the Subsec. (il. Pub. L. 94-344, § 1(8 Chief Justice or a retired Chief Justice of the United States, or the substituted requirement that when th Speaker of the House of Representatives; from the day of death flag is displayed horizontally or ye, tic: ~ against a wall or in a window, thc unto' until interment of an Associate Justice of the Supreme Court, a should be uppermost and to Ihe flag' Secretary of an executive or military department, a former Vice own right for requirement that ,.,.'hen thc President, or the Governor of a State, territo~',, or possession; and flagstaff.isitdisplayedshould be°therwisedisplaycd flat,lhanv, hcthcfr°m · on the day of death and the following da.,,' for a Member of indoors or out. or so suspended thali Congress. As used in this subsection~ falls as free as though it were staffed Subsec. (k). Pub. L. 94-344, § !(0) (1) the term "half-staff" means the position of the flag when eliminated provisions relating to flag V it is one-half the distance between the top and bottom of the staff; PROCL (2) the term "executive or military department means any PROCLAMA agency listed under sections 101 and 102 of Title 5; and Mar. 1, 1954, 19 F.R. 1235, as amen. (3) the term "Member of Congress" means a Senator, a Rep- ~ F.R resentative, a Delegate, or the Resident Commissioner from DISPLAY OF FLAG AT IIALF~ Puerto Rico. OFFICIALS AND (n) When the flag is used to cover a casket, it should be so placed WHEREAS it is appropriate that th that the union is at the head and over the left shoulder. The flag flag of the United States of America b~ flown at half-staff on Federal building~ should not be lowered into the grave or allowed to touch the grounds, and facilities upon the death o ground, principal officials and former officials o' the Government of the United States ant (o) When the flag is suspended across a corridor or lobby in a the Governors of the Stales, Tcrritoric, and possessions of the United States as; building with only one main entrance, it should be suspended mark of respect to their memoq'; ant vertically with the union of the flag to the observer's left upon WHEREAS it is desirable that rules b~ entering. If the building has more than one main entrance, the flag prescribed for the unifo, rm ..obsc~'ar)c, of this mark of respect by all execut:,. should be suspended vertically near the center of the corridor or departments and agencies of the Covert lobby with the union to the noah, when entrances are to the east ment, and as a guide to the people of th and west or to the east when entrances are to the north and south. Nation generally on such occasions; NOW, THEREFORE, 1. DWIGIIT E If there are entrances in more than two directions, the union should EISENHOWER, President of the Unite, be to the east. States of America and Commander i: Chief of the armed forces of the Unite, (June 22, 1942, c. 435, § 3, 56 Stat. 378; Dec. 22, 19-12, c. 806, § 3, 56 Stat. States, do hereby prescribe and proclair 1075; July 9, 1953, c. 183, 67 Stat. 142; Jul)' 7. 1976, Pub. L 94-344, the following rules with respect to th § 1(6)-(11), 90 Stat. 810, 811.) display of the flag of the United States c 182 ,C. Ch. 10 ,~, Ch. 10 PATRIOTIC CUSTOMS 36 § 175 rder of the HISTORICAL AND STATUTORY NOTES e death of Revision Notes and Leglslatl,,'e Reports sRion ~Fen displa.ved on a staff in the Governor 1953 Act. Senate Report No. 83-258, chancel of a church or speaker's plat- see 1953 U.S.Code Cong. and Adm. News, form of an auditorium. ct to their p. 1850. Su'v.~:c. (m). Pub. L. 94-344, § 1{10), 9r foreign 1976Act. Senate Report No. 94-797. added proxisior~s relating to half-staff :ording to see 1976 U.S.Code Cong. and Adm. Ncws, display of the flag on Memorial Day and · ith recog- p. 1515. upon the death of principal figures of the event Amendments the United STates governmenl and Slate 1976 Amendment. Subwc. (by. gosernmcnts and definitions of Items mment of Pub. L 94-344, § 1(6) substituted "right therein and eliminated provisions relal. Governor fender" for "radiator cap". lng to the affixing of crepe streamers lo spearheads and flagsta/fs in a parade ~e Nation- Subset. (0. Pub. L. 94-344, § i(7), only on the order of the President. flown at :~ substituted "to the United States flag's ' right" for "to the right of the flag of the Subset. {o). Pub. L 94-344, § 1(11). a former United States". added subsec. (o). ident, the Subsec. (i). Pub. L 94-.344, § 1(8}, 1953 Amendment. Subsec. (c). Act es, or the substituted requirement that when the July' 9. 1953. added second sentence. flag is displayed horizontally or vertical of death against a wall or in a window, the union 1942 .M'n.endment. Subset. {i). Act COLIFt, a should be uppermost and to the flag's Dec. 22. 1942. added 'or so suspended mcr Vice own right for requirement that when the that its folds fall as free as though the ;ion; and · flag is displayed otherxvise than from a flag sYere stalrfed'. and omilled provi- staff, it should be displayed flat, whether sions x~ h.en displayed against a wall or ~in .'mber of indoors or out, or so suspended that it a ~'indow. falls as free as though it were staffed. Sublet. (mY. Act Dec. 22, 1942, subset- Sub.sec. (kY. Pub. L. 94-344, § 1(9}. luted 'lowering' for "hauling' in third lag when eliminated provisions relating to flag po- sentence. tn of the PROCLAMATIONS :aris any PROCLAS, LATION NO. 304.4 5; and : Mar. 1, 1954, 19 F.R. 1235, as amended by Proc. No. 3948, Dec. 12, 1969, 34 7, a Rep- F.R. 19699. er from ~-DISPLAY OF FLAG AT HALF.-STAFF UPON DF_~TH OF CERTAIN OFFICIALS AND FORMER OFTICL-~L.5 ~ placed ' WHEREAS it is appropriate that the America al half. staff upon the dealh of flag of the United States of America be the officials hereinafter designated: ['he flag .~ flown at half.staff on Federal buildings, !. The flag of the United Stales shall uch the . grounds, and facilities upon the death of be flOr, Ti al half-slMf on all buildings, principal officials and former officials of grounds, and naval vessels of the Feder- ~ the Government of the United States and al Governmenl in the Dislrict of Colum- by in a ':~ the Governors of the States, Territories, bis and throughout the United States .pended : and possessions of the United States as a and its Territories and possessions for mark of respect to their memory; and the period indicated upon the death of ~t tlpoI1 WHEREAS it is desirable that rules be any of the following-designaled officials the flag prescribed for the uniform observance or former officials of the United States: of this mark of respect by all executive idor or' ~ departments and agencies of the Govern- (~) The President or a former Presi- hc east ' ment, and as a guide to the people of the dent: for thirD.' days from the day of · south.: Nation generally on such occasions; death. should '~ NOW, THEREFORE, I, DWIGIIT D. The flag shall also be flown at half- EISENHOWER, President of the United staff for such period al all United Stales Slates of America and Commander in embassies, legations, and other facilities Chief of the armed forces of the United abroad, including all military facilities 56 Stat. Slates, do hereby prescribe and proclaim and newel vessels and stations. 94-344,-:; the following rules with respect to the 0a} The Vice President, the Chid Jus- L;.':':~ display of the flag of the United States of tice or a rt',ired Chid Justice of the 183 36 § 175 PATRIOTIC SOCIETIES, ETC. Ch. I0 Ch, 10 PATRIOTIC United .~latc% eH' thc' Rpcakcr .f Ibc c~.,,t ,,! ~u,h%Ldc, ]c~o~y, ,,r I,o~es. 2. Confederate flag Ihm.',e t~l I~,cprr~¢nlalives: for ten da)'s sion flora II:c da)' o! death unl~l inter- Congress, in enacting amcndatory pt from the day of death, mcat. vision of this section prohibiting displa' (c) An Associate Justice of the Su- 4. In the event of thc death of other lng of flags of internalional organiz preme Court, a member of the Cabinet. a officials, former officials, or foreign dig- tions or other nations in equal or supc~ former Vice President, the President pro nitaries, the flag of the UniTed States or prominence or honor Io Ihe flag tempore of the Senate, the Majority shall be disr~a.~ed aT haft. stall in accord- the United States, did not intend to Leader of the Senate, the Minority Lead- ance with such orders or inslrucfions as hibit state sponsored display of Conf¢~ er of the Senate, the Majority Leader of may be issued by or at the direction of crate flag on dome of state capitol; pr~ the House of Representatives, or the Mi- the President. or in accordance with rec- vision of Flag Code was manifestly d nority Leader of the House of Represent. ognized customs or practices not incon, reeled at other practices. Ilol,nc,~ atives: from the day of death until inter- sistent ~ith law. Wallace, D.C.Ala.1976, 407 F.Supp. meat. affirmed 540 F.2d 1083. 5. The h¢~s of the several depart- 2. The flag of the United States shall meats and age~cies of the Government 3. Height of flag be flown at half-staff on all buildings, may direct that the flag o! 0~e UniTed Flying the flag of Republic of I'anam grounds, and naval vessels of the Feder. States be flo~ n aT l:alf.s~aH on bui}dings, and flag of United States in Canal Zorn al Government in the metropolitan area grounds, or v.a~al ~essels under Iheir at equal heights on separate flag pole' of the District of Columbia on the day of jurisdiction on occasions other than did not violate this section. Doyle death and on the following day upon the those specified herein which they consid- Fleming, D.CCanal .Zone 1~63. death of a United States Senator, Repre- er proper, and that suitable milita~' hon- F.Supp. 277. sentative, Territorial Delegate, or the ors be rendered as appropriate. Resident Commissioner from the Com- IN WITNE.SS WIIEREOF. I ha~e here- monwealth of Puerto Rico, and it shall u.to m,-ha d and the of § 176. Respect for flag also be flown at half.staff on all build- the United' STates of America to be tags0 grounds, and naval vessels of the fixed. Federal Government in the State, Con- NO disrespect should be show~ gressional District, Territory, or Com- DONE at the Cit.,,' of Washington this America; .the flag should not b monweahh of such Senator, Representa- ls~ day of March in the ,,'ear tire, Delegate, or Commissioner, respec, of our Lord nineteen hun- Regimental colors, State flags, lively, from the day of death until inter- dred and fifty.four, and of. flags are to be dipped as a mark ment. the Independence of the Ual:ed States of America the 3. The flag of the United States shall (a) The flag should never be be flown at half-staff on all buildings one hundred and seventy. and grounds of the Federal Government eighth, except as a signal of dire distress in a State, Territory, or possession of the [sv-.~l life or property. United States upon the death of the Gov. D;,-,~m D. (b) The flag should never toucl CROSS REFERENCES ground, the floor, water, or mere Display of replica of flag used in War of 1812 for twenty.four hours each day in (¢) The flag should never be Flag House Square, Baltimore, Maryland, as subjec~ to this section, see 36 always alofl and free. USCA § 174 note. Modification of rules and customs by President. see 36 L'SCA § 178. (d) The flag should never be usc WESTLAW ELECTRONIC RF..S~CH drapery. It should never be les folds, but always allowed to fall f See WESTLAW guide following the Explanation pages of this ~olume. red, always arranged with the blu NOTES OF DECISIONS and the red below, should be usc Generally I of word 'should~ throughout such provi- draping the front of the platforn~ Confederate flag 2 stoas is indicatixe of lack of penal put- Height of flag 3 pose. Holmes v. Wallace. D.C.Ala.1976, (e) The flag should never be fa~' Injunction against dlaplay of flag $ 407 F.Supp. 493. al'firmed 540 F.2d 1083. in such a manner as to permit Right of action 4 This section respecting position of damaged in any way. American flag when displayed or carried with other flags was not intended to pro- (f) The flag should never be u 1. Generally scril~ behavior but was rather fashioned This section relating to proper manner as an expression of prevalent custom (g) The flag should never have i: of display of national flag are not intend, regarding the display of the American ed to proscribe conduct but are merely flag. State of Del. ex tel. Trader v. it, nor attached to it any mark, ins declaratory or advisory; recurrent use Hodsdon. D.C. Del. 1967. 265 F.Supp. 308. picture, or drawing of an)' nature 184 18 Ch. 10 Ch. 10 PATRIOTIC CUSTOMS 36 § 176 ~n- posses- 2. Confederate flag 4. Right of ,t"llon nii inter- Congress, in enacting amendatory pro- ProdS,ion o! this code prohibiting dis- vision of this section prohibiting display- play o! flags of international organiza- , o£ other lng of flags of international organiza- lions or other nations in equal or superS- reign dig- lions or other nations in equal or superS- or prominence or honor to flag of Unit- cd States or prominence or honor to the flag of ed Stales does not create any right~ in n accord- the United States, did not intend to pro- prisale individuals and could nol form Jctions as hibit state sponsored display of Confed- basis for cisil rights acaion alleging dcp- 'ection of erate flag on dome of state capitol; pro- rivation of rights~ prMleges, or immuni- with rea:- vision of Flag Code was manifestly dS. ties secured by constitution and laws. lot incon. ' reeled at other practices. Holmes v. Holmes v. Wallace. D.C.Ala. 1976, 407 Wallace, D.C.Ala. 1976, 407 F.Supp. 493, F.Supp..193. affirmed 5-10 F.2d 1083. d depart- affirmed 540 F.2d 1083. 5. lnJunctl, on against display of flag vernmcnt ' -:$, Height of flag United Stales Districl Courl did not ~e United Flying the flag of Republic of Panama have jurisdiction to enjoin defendan! mildings, and flag of United States in Canal Zone from flying ~he flag of the United Na- .le~ their at equal heights on separate flag poles lions abosc and to ~bc right of the Amcr- :~cr than did not violate this section. Doyle v. Scan flag in lrront o! his residence. State :y consid-, i'~ Fleming, D.C.Canal Zone 1963, 219 of Del. ex eel. Trader v. Ilo, ds,don, D.C. taD' hon-' F.Supp. 277. De1.1967. ~6~ F~Supp. 308. s lof: § 176. Respect for flag : "' :~ No disrespect should be shown to the flag of the United States of ,non this '~ ih the year America; the flag should not be dipped to any person or thing. en hun- ~. Regimental colors, State flags, and organization or institutional ~ncl of flags are to be dipped as a mark of honor. of the ~rica the (a) The flag should never be displayed with the union down, seventy- except as a signal of dire distress in instances of extreme danger to (b) The flag should never touch anything beneath il, such as the : ground, the floor, water, or merchandise. day in .3,3 (C) The flag should never be carried flat or horizontally, but see 36..::~ always aloft and free. :~. 7~i (d) The flag should never be used as wearing apparel, bedding, or "q i drapery. It should never be festooned, drawn back, nor up, in .... ,~ folds, but always allowed to fall free. Bunting of blue, white, and · '. ~.~ always arranged with the blue above, the white in the middle, :~ and the red below, should be used for covering a speaker's desk, provi, l draping the front of the platform, and for decoration in general. .1976,:' (e) The flag should never be fastened, displayed, used, or stored 1083.:,~' in such a manner as to permit it to be easily torn, soiled, or ,n of' . damaged in any way. an'ted , pro-~! (fi The flag should never be used as a covering for a ceiling. toned :' ~ .s?m~'. {g) The flag should never have placed upon il. nor on an), part of er v..~ it, nor attached to it any mark, insignia, letter, word, figure, design, 308a( ~picture, or drawing of any nature. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #/4A - MEETING OF JANUARY 26, 1993 ORDINANCE # 5-93 / FLYING OF FLAGS DATE: JANUARY 22, 1993 At the time the agenda was complete the City Attorney's office was in the process of finalizing the proposed ordinance. A copy of Ordinance # 5-93 will be provided prior to or at the January 26, 1993 City Commission Meeting. CITY aTTORNEY'S OFFICE_ . TEL No. 40? 2?8 4?55 Jan 26,95 17:25 P .09 I:IT¥ OF I:IELIII:I¥ BEI:II:H · CITY ATTORNEY'S OFFICE ~" '~* '"' ^'~"""' '~"~"~'" '~'~'" FACSIMILE 40?/278-47.05 Datel January 26, 1993 To: City Commission FrOml David N. TolceI, Assistant City Attorn Sub~ectl CO_mmlISion Miiting of January 26, 1993 - Item 12-A O.rdinance No. ~-93; Regulation of Flags Attached II a now proposed ordinance which will regulate the display of banners, wind signs, and flags within the City. The ordinance ii divided into three section. The first section revises LDR Siction 4.$.7(c). This new languagi will retain the absolute prohibition on flying banners and wind I£gns. The second section of the ordinance pertains to the regulation of the~A~play of flags. These regulations will limit the number of flags to three flags on non residential property of leis than one acre. Proper~¥ equal to or greater than one acre will be able to accommodate one flag per 15,000 sq. ft. This ordinance will not affec~ flags flying on residentially zoned property. Si~vicI organizations may fly their flag timel of their meetings. The ~hird section o! the ordinance ~erines a r~ag as a piece of cloth with tho emblem of a s~ate, nat~ofl, municipa~y, or organization. This will limLt the ~ypos of flags which may bo flown~ but this limitation is a reasonable regulation within the Clty'e powers. DNT;Ih' A~=achment cc~ David Harden, City Manager CITY .aTTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:26 P.lO ORDXNANCg NO. 5-93 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING SECTION 4.6.7 "SIGNS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY REPEALING SUB-SUBSECTION 4.6.7(C)($) "BANNER SIGNS AND FLAGS" AND ENACTING A NEW SUB-SUBSECTXON 4.6.7(C)($), "BANNERS AND WIND SIGNS*' TO PROVIDE FOR THE PRO- HIBITION OF BANNER SIGNS AND WIND SIGNS; BY ENACTINg A NEW SUB-SUBSECTION 4.6.7(b)(12), "FLAGS", TO PROVIDE FOR FLYING TWO FLAGS TO ADVERTISE OPEN HOUSES OR APARTMENTS, FOR FLYING OF FLAGS OF SERVICE ORGANIZATIONS AT TIMES OF MEETING, AND TO PROVIDE FOR THE FLYING OF NO MORE THAN THREE (3) FLAGS ON PROPERTY LESS THAN ONE ACRE AND ONE FLA~ PER 15,000 SQUARE FEET ON PROPERTY GREATER THAN ONE AMENDING APPENDIX .A, "DEFINITIONS", BY ENACTING A DEFINITION FOR THE TERM "FLA~"; PROVIDING A REPEALER CLAUSE, SAVII~S CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delra¥ Beach has invested millions of dollars ln..~nstalllnq .and malntainlnq streetscaping and landscaping along the pubI~c rights of-way within Delra¥ Beachl and, WHEREAS, the City o~ Delra¥ Beach Is in the process of imple- menting its Decade of Excellence Bond proqram which w~l! provide addi- tional funding of drainage, paving, and beautification of rights-of-way within Delra¥ Beach; and, WHEREAS, the City Commission of the City 0£ Delra¥ Beach ha8 maAntainod a strict sign code for a number of years, specifically regulating tho use of flags, banners, streamers, and balloons; and, WHEREAS, the City Commission of the c1t¥ of Dolray Beach desirous of providing safe traffic areas for pedestrians, and motor vehicles; and, WHEREAS, the C~t¥ Commission of the C~=¥ of Delray Beach wishes to improve the aesthetics \of commercial and rosiden~[al properties including the City's rights-of-way w~thin the city limits; WHEREAS, the C1t¥ CommlssLon finds ~hat fXags, banners, streamers, balloons, and other types of "wind signs", are signs the meaning of the City of Delra¥ Beach Code of Ordinances~ and, WHEREAS, the use of banners, s~reamers, o~her types of "wind signs", and balloons as s~gns is illegal In Delra¥ Beach and damages the CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,95 17:27 P.11 aesthetic quality of our residential and commercial zoned neighborhoo~si and, WHEREAS, the Ci~y Co~mission finds that the proliferation of flags on commercial and res~dential properties damages the aesthetic quality of our residential and commercially zoned neighborhoods~ and WHEREAS, the City Commission of the City of De,ray Beach believes that improving the aesthetics of Delray Beach's residential and co~mercial neighborhoods will improve the quallW of life for the citizens of Delra¥ Beach. NOWe THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS For.r~WSI Section .~. That Article 4.6, "Supplemental District Regulations", Section 4.6.7, "Signs", Subsection 4.6.7(C), "Prohibited Signs", Sub-subsection 4.6.7(C)($), "Banner Signs and Flags" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, ~s hereby repealed, and a new. Sub-subsection 4.6.7(C)(5), "Banners and Wind Signs" of the Land Developmen~ Regulations of the Code of Ordinances of the City of Delray Beach, is hereby enacted to read as follower .... 4.6.7(~D~5) Banners and Wind (a) Banners - A sign cons~sting of characters, letters, illustrations or ornamentations attached to cloth, paper, or fabric back~ng used for the purpose of communicat~ng the presence of a business, the sale of a product, or the location of a~business. For special events, temporary banners may be flownas provided for in Section 4.6.?(D)(3)(~). (b) W~nd.~lqns - Signs, consisting of one or more banners, pennants, ribbons, spinners, streamers, balloons, or other objects or material fastened in such a manner as to move upon being Sub~eOte¢l to pressure by w~nd. Section 2. That Article 4.6, "Supplemental D~stric~ Regulations", Section 4.6.7, "S~gns", Subsection 4.6.7(B~, "Exempt 81gns"~ of the Land Development Regulations of the Code of Ordinances of the City of Delra¥ Beach, Florida, be, and the sa~e is amended by enacting a new Sub-subsection 4.6.?(B)(~2), "Flags", to read as follows= (a) Flags may be displayed on any residen~al or non-residential parcel of land in accordance w~th the following rules: CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 Jan 26,93 17:27 P.12 1. No more than three (3) flags may be placed upon parcel or deveXopment less than one acre in size which'is zoned and used for non-residential purposes. 2. For parcels or devel°Iments equal to or greater khan one acre in area, no more than one flag per 15,000 square ~eet of lot area shall be allowed. (b) Two (2) flags may be flown at a time when mode~ homes or model apartments are open for inspection. (c) FLags of service or c~vil clubs may be displayed at respective meeting sates during meeting hours. Section 3. T~at Appendix A, "Definitions", of the Land Develo~en% Reg~lat~onl of the Code of Ordinances of the City of Delra¥ Beach, Florida, be, and the same ~s hereby amended to read as follows= Flag - A piece of cloth, varying mn design, usually attached at one 'edge to a staff or cord, and used as the symbol of a nation, state, munic~alLty or organization. Section 4. That all ordinances or parts of ordinances which are ~n conflict herewith are hereby repealed. Section ~. That should any section-or provision of th~s ordinance or any poz~c~on thereof, any paragraph, sentence, or word be declared by a court of competent Jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as whole or part thereo~ other than the part declared to be lnvalXd. Section 6. Tha~ ~hie ordinance shall become effective immedi- ately upon its passage on second and final reading~ provided, however that the City's formal enforcement measures shall not begin for a period of s~xt¥ (60) days. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of . , ~99~. City Clerk First Kenning Second Reading_ . With respect to the "flags" ordinance, the following occurred. 1. First reading was held prior to Planning and Zoning Board review. A public hearing date was set. Notice was advertised. 2. At the Planning and Zoning Board review, recommendations were made which affected the "caption" of the ordinance. 3. At the scheduled public hearing, the Mayor noted that the proposed ordinance would need to be changed. Thus, a new first reading was necessary, and a newly advertised public hearing would be necessary. Based on that situation, only limited public testimony was taken. 4. The proposed ordinance is being redrafted by the Administration as of Friday, January 15th. The tentative processing schedule is as follows: a) formal review of the redrafted ordinance by the Planning and Zoning Board on Monday, January 25th. b) first reading of the proposed ordinance on Tuesday, January 26th. c) public hearing of the proposed ordinance on Tuesday, February 9th. 5. A copy of the proposed ordinance, as submitted for review to the Planning and Zoning Board, will be available on Thursday, January 21st. This same material will be provided to the City Commission on Friday, January 22nd. The Planning and Zoning Board recommendation will be presented orally to the City Commission, at first reading consideration, on Tuesday, January 26th. 6. Given that there was public comment on the subject at the Commission's meeting of January 12th, it is unlikely that additional public comment will be accommodated on January 26th. However, this determination is made by the Mayor at the time of first reading. DJK/JP.DOC - 2 - BOCA RAT~~; BEACtI~ DEERFIELD IIEACU II~IqI~M~III~MIII~ OF THE LAHO DEVELOPMENT REGULATIONS OF THE CODE OF A PUBLIC HEARING w~ll ~e ~d ~ OROIN~S ~ THE C{TY OF ~ b~ ~ ~ at O~RAY BEACH, FLORIDA, TO Z;~ P.M., (~ at any ~ d PR~I~ AOOITION~ ~t~ERIA Published Daily ~, m.ti. ~ich ~ ~ by ~ c~ missis), m T~y, F~y ~, HIST~IC DISTRICT~ ~VIDING Monday~. ~us,,~r~''~ Sunday ,~. i. ~ ci~ ~ ~, I~ N.W. 1~ AV~, ~lr~ REPEALER C~USE, AND AN FF. BO~ R~o~, ~]m Be~h Co~y, F]o~id~ si~'at~khti~ ~ ~c~~ll c~ ~ ~. ~ FECTIVEDATE.' Delray Beach. Palm Beach County, Florida ,,'~ ~c,~ ~ ~c~ c~' ~ Ci~ Hall ~ N.W. lg A~, ~ AN ORDINANCE OF THE CiTY CO~ B~, F~i~. ~ I:~ A M e ~ MISSION ~ THE CITY OF ~LRAY ~i~ys. ~ in~ ~i~ are ~ · CHAPTER ~ ~ONI~ REGU~ STATE OF FLORIDA *~ ~ ~ a ~ s~~,~e~ ~ ~UARE ~ISTORIC ARTS COUNTY OF PALM BEACH ~[ a~s~a~CT ~0ss~m., OF TaE un~er~e~~ ~.~.~ ~ authority~ -*~~ersonallv ~,s.,o. OF T.E C.T. OF OE~.*. *~, ~O.,OA; ~,~,~ A Before the BEA~, FLORIDA, ~ENOIgG SEC- ~VING C~E, A GENERAL RE, appeared Nancy Smith, Inside Sales Man- T,O,oEV~O,~,T,.,,. ,,~,S',,~U~,O,, ~ T~E ~.Oa ~,,VEaTE.~A~' C~USE, *~0 A, E~EC- ager of The News, daily newspapers pub- THE CODE ~ OROINANCES OF REPEALING SUB-SUBSECTI~ lished in Boca Baton in Palm Beach County, ..,~c,,s,.'BANNER SIGNS AND AN ORDINANCEOFTHECITY CO~ Florida; that the attached copy of advertise- su~SUaS;CT~ ,.~C.S~, · *NNERS AND WINO SlGN~, TO C~PTER ~, ~ONING REGU~- me~t w~ p~b~ish~d i~ ~id ~ewsp~p~8 i~ PR~IDE FOR THE P~IBITI~ TION~, ~ONI~ REGUUTIONS', OF-BANNER SIGNS ANO WIND SUBSECTION a~.~(E), ~A~ION the issues of: SIGNS; BY ENACTi~ A ~W ~OF PARKING SP~ES~ ~ THE SU~SUBSECTI~ 4.6.7~B) (~), ~NO OEVELO~ENT REGU~- ~F~G~, TO PROVI~ FOR FLYI~ TIONS ~ THE ~OE OF OROI- T~ F~GS TO ADVERTISE OPEN. MA~ES OF THE CITY OF OELRAY FLYING F~GS OF SERVICE ORG~ IUB-SUBS~CTI~ I~.~(E)~), '1~ /~ ~ / NI~TtONS AT TIMES OF MEET- LIEU FE~, TO PR~I~ THE _ _ ,' .NS, AND ~ PROVIDE FOR THE I,LIEU FEE OPTION TO THE OLD ~/ ~ FLYI~ OF NO ~RE T~N $C~L ~ARE HISTORIC ARTS THREE (3) F~GS ON PROPERTY DISTRICT (~S~D); PROVIDING A LESS T~ ~E ~RE AND ~E ~VI~ C~USE, A GENE~ RE- F~ I~ ~UARE FEET ON PEALER C~USE, ANO AN EFFEG PR~ GREATER THAN ONE TIVE~TE. ACRE; ~ENDI~ APPENOIX · EFINITiONS', BY E~CTING A ~t~ ' OEFINITION FORTHE TERM · ~G~; PROWOING A Rg~ER AN ORDINANCE C~E, A ~VI~ C~U~ ~O MISSION OF THE CI~ OF ~LRAY Affiant further says that The News is a A,~,~,~. newspaper published in Boca Baton, in said ~m Palm Beach County, Florida, Monday AN~DI~EOFTHEC,~C~'ION(C),~THE~O~VELOP. through Sunday, and has been entered as T,O,'~a'~ ~ SEO:..~ OF T~E ~ a second class matter at the post office in N~,C~ TO ~OV'~ ~ ALTER~E e~BERS OF THE NECE~ ~1~ A ~L RE~L- USE; P~IDIK A ~VING for a period of one year next preceding the E, C~, A ~VI,G ~usE, C~USE, A GENERAL RE'ALFA ANOANEFF~IVE OATE. C~USE~ ~0 AN EFFECTIVE first publication of the attached copy of ~,. advertisement; and affiant further says that *.~O,,A.C~ .,~ c,~,c. paid nor ~ _ _nromised any a,.~OF~C,,,OF~U, he has neither person, firm or corporation any discount, A~.~:.~. T,CU~e~y ~,,aEO ,~,,, T,~, SECT~O, rebate, commission or refund for the pur- F.~ ~ ~..~ c~.- CIAL) 0~1~ TO AC TRIX', OF THE ~NO DEVELO~ pose of securing this advertisement for pub- ,AUT~,,v, C~,C,*U .~ ~,T ,E~UT,a, OF TH~ TRI~ .~10 ~NO ~EING L~T- ~OOE OF ~OI~ES ~ T~E lication in said newspapers. ~oa,~ ~,a~. ~,. C,T,'~ ~UY .~, ~O,,- AL HIGHWAY, ~UTH ~ LINTON ~, TO R~ THE REQUIRED ~ULEgARO; ANO CORRECTI~ REAR SET~K F~ ~EXES ~1~ ~P ~ ~LRAY B~CH, JN THE RL AND RM ZONING DI~ FLDEI~ ~; PR~IDM~ A TRICTS FR~ GE~E~ REPEALER C~USE, A FEET; PROVIOING A ~VING ~VING ~U~, ANO AN E~EC- C~U~, A GENERAL RE~ALER TIVE ~. C~USE, ANO AN EFFECTIVE ~ ~ lt~ DATE. ~0~ ~ T~ C~ ~ ~Y Sworn to and subscribed before me this THE ~.O ~ELO~MENT day of A.D., 19 · PROVIDING A $AV,~ C~E, A AND AN EFFE~IVE DATE. F.S. AN ORDiNA~E ~ T~ CI~ MI~ION ~ THE ~1~ ~ ~Y B~CH, FLORIDA, ~ CHAPTER4,~NI~ REGU~ THE NE~ TIONS', ~CTION ~.l(J), ~ayl~ ~IST~ICPRE~RVAT~ ~O A~ (Seal, Notary ~State of Florida at large) TO A~ ON VARIANCE BEHESTS', CHARLENE O'NEILL My Commi,~m~ire~~