HomeMy WebLinkAboutORD 2005-36 - UDC/Gov't Flags• • t
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN,
TEXAS, AMENDING THE FOLLOWING SECTIONS OF THE UNIFIED
DEVELOPMENT CODE, PASSED AND ADOPTED ON THE 11TH DAY OF MARCH
20031 AS FOLLOWS: TABLE 10.02; TABLE 10.06.010 AND SECTION 10.06.030,
REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING
A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted the Unified Development Code (UDC) on March 11, 2003;
and
WHEREAS, the City Council determined that this amendment constituted an emergency on
February 8, 2005; and
WHEREAS, the Planning and Zoning Commission conducted a duly noticed Public Hearing on May
31 2005 to consider a recommendation on these UDC amendments; and
WHEREAS, the Planning and Zoning Commission at their meeting of May 3, 2005 recommended
to the City Council approval of the proposed UDC amendment; and
WHEREAS, the caption of this Ordinance has been published in the Williamson County Sun in
compliance with the City Charter of the City of Georgetown.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim. The City Council hereby finds that this
ordinance implements the Century Plan as follows:
Policy 1.0: The community enjoys the benefits of well-planned land use in which
conflicting needs are balanced.
Goal: Develop policies which enhance
the
quality
of life for the community while
preserving the unique character
and
natural
resources.
Strategy: Implement the Unified Development Code (UDC) to ensure consistency of
the City's development ordinances to preserve the character of the
community.
and further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Ends, as required by Section 2.03 of the Administrative Chapter of the Policy Plan,
UDC Sign/Gov't. Flag Amendment Ord. No. n
Page 1 of 3
SECTION 2. Table 10.02 of the "Unified Development Code," is hereby amended to read
as follows:
10.02 Permitted Sign Types by District
Within "Public and Civic Uses" the permitted sign types for "Flag/Flag Pole" has been modified
subject to "special conditions", "A/C" when a Governmental Flag Pole is located on the roof of a
structure as provided for in accordance with Section 10.06.010, "Sign Dimensional Standards" and
10.06.030 E, "Governmental Flags",
SECTION 3. Table 10.06.010 of the "Unified Development Code," is hereby amended by
adding subsection E with Conditions as follows:
10.06.010 Sign Dimensions by District
Within the " RS, RE (Public and Civic Uses), CN, AG, TF, TH, MF, OF, (except OF Zoned properties
within the Williams Drive SP District), C-1, C-21 C-3, BP and IN Districts (All Uses)", "Flag/Flag Pole",
"Conditions in Section 10.06.030 E" have been added to allow for the intent that "The overall
measurement of the flag pole shall not exceed 25 feet in height as measured from the base of the
pole to the top regardless of where the governmental flag pole is located".
SECTION 4. Table 10.06.010 of the "Unified Development Code," is hereby amended to
increase the "Maximum Area Per Sign" for "Flag / Flag Pole" to forty (40) square feet.
SECTION 5. Table 10.06.010 of the "Unified Development Code," is hereby amended to
increase the "Maximum Height" for "Flag/ Flag Pale to twenty five (25) feet.
SECTION 5. Section 10.06.030 of the "Unified Development Code," is hereby amended
by adding subsection "E" as follows:
10.06.010 Design Requirements
E. Governmental Flags
Flags of the United States, the state, the city, foreign nations having diplomatic relations with
the United States, and any other flag adopted or sanctioned by an elected legislative body of
competent jurisdiction are permitted in all zoning districts provided that they meet the following
requirements.
1. United States flag shall be flown in accordance with the protocol established by the
Congress of the United States for the Stars and Stripes, Title 4 Chapter 1 — The Flag.
2. Governmental flags shall not exceed the Maximum Height and Size as provided for in
Table 10.06.010 of Section 10.06, Sign Design and Area Regulations. The overall
measurement of the flag pole shall not exceed 25 feet in height as measured from
the base of the pole to the top regardless of where the governmental flag/flag pole is
located.
3. When a flagpole is located on the top of roof, the placement and attachment of the
pole shall meet the building code for wind and structural loading requirements. The
UDC Sign/Gov't. Flag Amendment Ord. No. �+
Page 2 of 3
plan design criteria shall provide the proposed location, attachment method to the
structure and wind load resistance. A building permit shall be required for this type of
installation.
4. Within Zoning Districts CN, C-1, C-2, C-3, BP and IN ground mounted flag poles can
exceed the 25 feet height limit but shall not exceed the maximum building height as
allowed in that district.
SECTION 6. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions
of this ordinance shall remain in full force and effect.
SECTION 7. If any provision of this Ordinance or the UDC, or application thereof, to any
person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 8. This Ordinance shall become effective immediately upon its final adoption.
PASSED AND APPROVED on First Reading on the 24th day of May 2005.
PASSED AND APPROVED on Second Reading on the 14th day of June 2005.
ATTEST:
Sandra D. Lee
City Secretary
as to Form:
Patricia E. Carts, Brown & Carts, LLP
City Attorney
UDC Sign/Gov't. Flag Amendment Ord. No.
Page 3 of 3
THE CITY OF GEORGETOWN
• TITLE 4 --FLAG AND SEAL SEAT OF GOVERNMENT, AND
THE STATES
• CHAPTER 1 --THE FLAG
0
• Sec. l.. Flag; stripes and stars on.
• Sec. 2. Same; additional stars.
• Sec. 3. Use of flag for advertising purposes; mutilation of flag.
• Sec. 4. Pledge of allegiance to the flag; manner of delivery.
• Sec. 5. Display and use of flag by civilians; codification of rules and customs;
definition.
• Sec. 6. Time and occasions for display.
• Sec. 7. Position and manner of display.
• Sec. 8. Respect for flag.
• Sec. 9. Conduct during hoisting, lowering or passing of flag.
• Sec. 10. Modification of rules and customs by President.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4USC11
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec, 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, ch. 389, 61 Stat. 642.)
Short Title of 2000 Amendment
Pub. L. 106-252, Sec. 1, July 28, 2000, 114 Stat. 626, provided
that: "This Act [enacting sections 116 to 126 of this title and
provisions set out as a note under section 116 of this title] may be
cited as the 'Mobile Telecommunications Sourcing Act'."
Executive Order No, 10798
Ex. Ord. No. 10798,
Jan, 3, 1959,
24 F.R.
79, which prescribed
proportions and sizes
of flags until
July 4,
1960, was revoked by
section 33 of Ex. Ord,
No. 10834, set
out as
a note under
this
section.
Ex. Ord. No. 10834. Proportions and Sizes of Flags and Position of Stars
Ex, Ord. No. 10834, Aug. 21, 1959, 24 F.R. 6865, provided:
WHEREAS the State of Hawaii has this day been admitted into the
Union; and
WHEREAS section 2 of title 4 of the United States Code provides as
follows: "on the admission of a new State into the Union one star shall
be added to the union of the flag; and such addition shall take effect
on the fourth day of July then next succeeding such admission.''; and
WHEREAS the Federal Property and Administrative Services Act of 1949
(63 Stat. 377), as amended [see Short Title note under section 471 of
Title 40, Public Buildings, Property, and Works] authorizes the
President to prescribe policies and directives governing the procurement
and utilization of property by executive agencies; and
WHEREAS the interests of the Government require that orderly and
reasonable provision be made for various matters pertaining to the flag
and that appropriate regulations governing the procurement and
utilization of national flags and union jacks by executive agencies be
prescribed:
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States and as Commander in Chief of the armed forces of
the United States, and the Federal Property and Administrative Services
Act of 1949, as amended [see Short Title note under section 471 of Title
40, Public Buildings, Property, and Works], it is hereby ordered as
follows:
'..: , s
e 20
Part I --Design of the Flag
Section 1. The flag of the United States shall have thirteen
horizontal stripes, alternate red and white, and a union consisting of
white stars on a field of blue.
Sec. 2. The positions of the stars in the union of the flag and in
the union jack shall be as indicated on the attachment to this order,
which is hereby made a part of this order.
Sec. 3. The dimensions of the constituent parts of the flag shall
conform to the proportions set forth in the attachment referred to in
section 2 of this order.
Part II --Regulations Governing Executive Agencies
Sec. 21. The following sizes of flags are authorized for executive
agencies:
----------------------------------------------------------------------
Dimensions of Flag
-----------------------
Size Hoist
(width)
......................... .......................
.............................................
(6}.............................................
(9).............................................
(10)............................................
------------------------------------------------
Feet
20.00
38.00
10.00
8.95
7.00
17.00
5.00
4.33
3.50
9.50
3.00
3.00
2.37
6.65
1.32
Fly
(length)
Feet
38.00
19.00
17.00
11.00
9.50
5.50
6.65
4.00
5.70
4.50
2.50
Sec, 22. Flags manufactured or purchased for the use of executive
agencies:
(a) Shall conform to the provisions of Part I of this order, except
as may be otherwise authorized pursuant to the provisions of section 24,
or except as otherwise authorized by the provisions of section 21, of
this order.
(b) Shall conform to the provisions of section 21 of this order,
except as may be otherwise authorized pursuant to the provisions of
section 24 of this order.
Sec. 23. The exterior dimensions of each union jack manufactured or
purchased for executive agencies shall equal the respective exterior
dimensions of the union of a flag of a size authorized by or pursuant to
this order. The size of the union jack flown with the national flag
shall be the same as the size of the union of that national flag.
Sec. 24. (a) The Secretary of Defense in respect of procurement for
the Department of Defense (including military colors) and the
Administrator of General Services in respect of procurement for
executive agencies other than the Department of Defense may, for cause
which the Secretary or the Administrator, as the case may be, deems
sufficient, make necessary minor adjustments in one or more of the
dimensions or proportionate dimensions prescribed by this order, or
tot e ', r ,
to c
authorize proportions or sizes other than those prescribed by section 3
or section. 21 of this order.
(b) So far as practicable, (1) the actions of the Secretary of
Defense under the provisions of section 24(a) of this order, as they
relate to the various organizational elements of the Department of
Defense, shall be coordinated, and (2) the Secretary and the
Administrator shall mutually coordinate their actions under that
section.
Sec. 25. Subject to such limited exceptions as the Secretary of
Defense in respect of the Department of Defense, and the Administrator
of General Services in respect of executive agencies other than the
Department of Defense, may approve, all national flags and union jacks
now in the possession of executive agencies, or hereafter acquired by
executive agencies under contracts awarded prior to the date of this
order, including those so possessed or so acquired by the General
Services Administration, for distribution to other agencies, shall be
utilized until unserviceable.
Part III --General Provisions
Sec, 31. The flag prescribed by Executive Order No. 10798 of January
3, 1959, shall be the official flag of the United States until July 4,
1960, and on that date the flag prescribed by Part I of this order shall
become the official flag of the United States; but this section shall
neither derogate from section 24 or section 25 of this order nor
preclude the procurement, for executive agencies, of flags provided for
by or pursuant to this order at any time after the date of this order.
Sec. 32. As used in this order, the term " executive agencies''
means the executive departments and independent establishments in the
executive branch of the Government, including wholly-owned Government
corporations.
Sec. 33. Executive Order No. 10798 of January 3, 1959, is hereby
revoked.
Hoist (width)
Hoist (width) Fly (length) of Union
of flag 1.0 of flag 1.9 0.5385 (\7/
13\)
A B C
Dwight D. Eisenhower.
Fly (length)
of Union 0.76
D
Section Referred to in Other Sections
This section is referred to in section 5 of this title.
P44e 9
Standard proportio
0.054
E
Title 4 Amendment
Sec. 2. The positions of the stars in the union of the flag and in the
union jack shall be as indicated in the attachment to this order, which
is hereby part of this order.
Sec. 3. The dimensions of the constituent parts of the flag shall
conform to the proportions set forth in the attachment referred to in
Section 2 of this order.
ATTACHMENT:
(A) Hoist 1. (B) Fly 1.9 (C) Hoist of Union 0.5385% (D) Fly of Union
0.76 (E) 0.054 (F) 0.054 (G) 0.063 (K) Diameter of Star 0.0616 (L)
Width of Stripe 0.0769(1/13)
Flag defined in this section for purposes of display and use by civilians.
Sec.
Ti
July
4, 1960, the flag
4x
.
+ + +
'rx" t
become
(=OW tWldthi of flag (A)�l�O
Flg tlangthl of flag (6)-1.9
Hoist (wtdtb)of Unkon (t;)**6.5365 (7/'r3
Fig (1*A#W of Urliad Mw 0.76
tF)w 41054
(H)-0-463
D18MOter Of Iter 00=0.N16
W1 Of StrV* (L) -0.0769t 1{13
(A) Hoist 1. (B) Fly 1.9 (C) Hoist of Union 0.5385% (D) Fly of Union
0.76 (E) 0.054 (F) 0.054 (G) 0.063 (K) Diameter of Star 0.0616 (L)
Width of Stripe 0.0769(1/13)
Flag defined in this section for purposes of display and use by civilians.
Sec.
31 ...on
July
4, 1960, the flag
described by Part 1 of this order
shall
become
the
official flag of the
United States...
DWIGHT D. EISENHOWER EXECUTIVE ORDER #10834, Aug. 21,
1959, 24 E.R. 6865
Can be found in hardbound editions of Title 4 of the United States
Code, Chapter 1, Section 1. Codified by Congress as Positive Law in
1998, (Pub. L. 105-225) as Title 4, Section 5 of the U.S. Code
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 20033
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4USC21
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 2. Same; additional stars
On the admission of a new State into the Union one star shall be
added to the union of the flag; and such addition shall take effect on
the fourth day of July then next succeeding such admission.
(July 30, 1947, ch. 389, 61 Stat. 642.)
Section Referred to in Other Sections
This section is referred to in section 5 of this title.
Ale �A
e i p oar ZO
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 20031
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4USC31
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 3. Use of flag for advertising purposes; mutilation of flag
Any person who, within the District of Columbia, in any manner, for
exhibition or display, shall place or cause to be placed any word,
figure, mark, picture, design, drawing, or any advertisement of any
nature upon any flag, standard, colors, or ensign of the United States
of America; or shall expose or cause to be exposed to public view any
such flag, standard, colors, or ensign upon which shall have been
printed, painted, or otherwise placed, or to which shall be attached,
appended, affixed, or annexed any word, figure, mark, picture, design,
or drawing, or any advertisement of any nature; or who, within the
District of Columbia, shall manufacture, sell, expose for sale, or to
public view, or give away or have in possession for sale, or to be given
away or for use for any purpose, any article or substance being an
article of merchandise, or a receptacle for merchandise or article or
thing for carrying or transporting merchandise, upon which shall have
been printed, painted, attached, or otherwise placed a representation of
any such flag, standard, colors, or ensign, to advertise, call attention
to, decorate, mark, or distinguish the article or substance on which so
placed shall be deemed guilty of a misdemeanor and shall be punished by
a fine not exceeding $100 or by imprisonment for not more than thirty
days, or both, in the discretion of the court. The words "flag,
standard, colors, or ensign'', as used herein, shall include any flag,
standard, colors, ensign, or any picture or representation of either, or
of any part or parts of either, made of any substance or represented on
any substance, of any size evidently purporting to be either of said
flag, standard, colors, or ensign of the United States of America or a
picture or a representation of either, upon which shall be shown the
colors, the stars and the stripes, in any number of either thereof, or
of any part or parts of either, by which the average person seeing the
same without deliberation may believe the same to represent the flag,
colors, standard, or ensign of the United States of America.
(July 30, 1947, ch. 389, 61 Stat, 642; Pub. L. 90-381, Sec. 3, July 5,
1968, 82 Stat, 291.)
Amendments
1968 --Pub. L. 90-38i struck out or who, within the District of
Columbia, shall publicly mutilate, deface, defile or defy, trample upon,
or cast contempt, either by word or act, upon any such flag, standard,
colors, or ensign,'' after " substance on which so placed''.
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003)
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4Usc41
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 4. Pledge of allegiance to the flag; manner of delivery
The Pledge of Allegiance to the Flag, ''I pledge allegiance to the
Flag of the United States of America, and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice for
all.'', should be rendered by standing at attention facing the flag with
the right hand over the heart. When not in uniform men should remove
their headdress with their right hand and hold it at the left shoulder,
the hand being over the heart. Persons in uniform should remain silent,
face the flag, and render the military salute.
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1494.)
Historical and Revision Notes
--------------------------------------------------------------------
Revised Section Source (U.S. Code)
--------------------------------------------------------------------
4..................................... 36:172.
Sour
June 22, 19
Stat, 380;
Sec. 7, 5
ch. 607, 5
ch. 297, 6
Pub, L. 94
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 20031
[CITE: 4USC51
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec, 5. Display and use of flag by civilians; codification of
rules and customs; definition
The following codification of existing rules and customs pertaining
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
organizations as may not be required to conform with regulations
promulgated by one or more executive departments of the Government of
the United States. The flag of the United States for the purpose of this
chapter shall be defined according to sections 1 and 2 of this title and
Executive Order 10834 issued pursuant thereto.
(Added Pub. L. 105-225, Sec, 2(a), Aug. 12, 1998, 112 Stat. 1494.)
----------------------------------------
Revised Section
----------------------------------------
Historical and Revision Notes
--------------------------------------------
Source (U.S. Code) Sour
...............
36:173,
References in Text
June 22, 19
Stat. 377;
Sec. 1, 5
Pub. L. 94
---------------------------------
Executive Order 10834, referred to in text, is set out as a note
under section 1 of this title.
je 00
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 20031
[CITE: 4USC6]
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 6. Time and occasions for display
(a) It is the universal custom to display the flag only from sunrise
to sunset on buildings and on stationary flagstaffs in the open.
However, when a patriotic effect is desired, the flag may be displayed
24 hours a day if properly illuminated during the hours of darkness.
(b) The flag should be hoisted briskly and lowered ceremoniously.
(c) The flag should not be displayed on days when the weather is
inclement, except when an all weather flag is displayed.
(d) The flag should be displayed on all days, especially on New
Year's Day, January 1; Inauguration Day, January 20; Martin Luther King
Jr.'s birthday, third Monday in January; Lincoln's Birthday, February
12; Washington's Birthday, third Monday in February; Easter Sunday
(variable); Mother's Day, second Sunday in May; Armed Forces Day, third
Saturday in May; Memorial Day (half-staff until noon), the last Monday
in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first
Monday in September; Constitution Day, September 17; Columbus Day,
second Monday in October; Navy Day, October 27; Veterans Day, November
11; Thanksgiving Day, fourth Thursday in November; Christmas Day,
December 25; and such other days as may be proclaimed by the President
of the United States; the birthdays of States (date of admission); and
on State holidays.
(e) The flag should be displayed daily on or near the main
administration building of every public institution.
(f) The flag should be displayed in or near every polling place on
election days.
(g) The flag should be displayed during school days in or near every
schoolhouse.
(Added
Pub.
L. 105-225,
Sec.
2(a),
Aug.
12, 1998,
112 Stat.
1494;
amended
Pub.
L. 106-80,
Sec.
1,
Oct. 25,
1999, 113
Stat, 1285.)
Historical and Revision Notes
------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Sour
------------------------------------------------------------------------------------
6..................................... 36:174. June 22, 19
Stat. 378;
Sec. 2, 5
Pub. L. 94
In subsection (d), the words "Veterans
IN Armistice Day'' because of the Act of June
168),
Day''
are
substituted
for
1,
1954
(ch. 250, 68
Stat.
Amendments
1999--subsec. (d). Pub. L. 106-80 inserted "Martin Luther King
Jr.'s birthday, third Monday in January;'' after "January 20; " .
i1Mr r � :.,•
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4USC71
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 7. Position and manner of display
The flag, when carried in a procession with another flag or flags,
should be either on the marching right; that is, the flag's own right,
or, if there is a line of other flags, in front of the center of that
line.
(a) The flag should not be displayed on a float in a parade except
from a staff, or as provided in subsection (i) of this section.
(b) The flag should not be draped over the hood, top, sides, or back
of a vehicle or of a railroad train or a boat. When the flag is
displayed on a motorcar, the staff shall be fixed firmly to the chassis
or clamped to the right fender.
(c) No other flag or pennant should be placed above or, if on the
same level, to the right of the flag of the United States of America,
except during church services conducted by naval chaplains at sea, when
the church pennant may be flown above the flag during church services
for the personnel of the Navy. No person shall display the flag of the
United Nations or any other national or international flag equal, above,
or in a position of superior prominence or honor to, or in place of, the
flag of the United States at any place within the United States or any
Territory or possession thereof: Provided, That nothing in this section
shall make unlawful the continuance of the practice heretofore followed
of displaying the flag of the United Nations in a position of superior
prominence or honor, and other national flags in positions of equal
prominence or honor, with that of the flag of the United States at the
headquarters of the United Nations.
(d) The flag of the United States of America, when it is displayed
with another flag against a wall from crossed staffs, should be on the
right, the flag's own right, and its staff should be in front of the
staff of the other flag.
(e) The flag of the United States of America should be at the center
and at the highest point of the group when a number of flags of States
or localities or pennants of societies are grouped and displayed from
staffs.
(f) When flags of States, cities, or localities, or pennants of
societies are flown on the same halyard with the flag of the United
States, the latter should always be at the peak. When the flags are
flown from adjacent staffs, the flag of the United States should be
hoisted first and lowered last. No such flag or pennant may be placed
above the flag of the United States or to the United States flag's
right.
(g) When flags of two or more nations are displayed, they are to be
flown from separate staffs of the same height. The flags should 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.
(h) When the flag of the United States is displayed from a staff
projecting horizontally or at an angle from the window sill, balcony, or
dode
� /A4. 01� 20
front of a building, the union of the flag should be placed at the peak
of the staff unless the flag is at half-staff. When the flag is
suspended over a sidewalk from a rope extending from a house to a pole
at the edge of the sidewalk, the flag should be hoisted out, union
first, from the building.
(i) When displayed either horizontally or vertically against a wall,
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 be
displayed in the same way, with the union or blue field to the left of
the observer in the street.
(j) When the flag is displayed over the middle of the street, it
should be suspended vertically with the union to the north in an east
and west street or to the east in a north and south street.
(k) When used on a speaker's platform, the flag, if displayed flat,
should be displayed above and behind the speaker. When displayed from a
staff in a church or public auditorium, the flag of the United States of
America should hold the position of superior prominence, in advance of
the audience, and in the position of honor at the clergyman's or
speaker's right as he faces the audience. Any other flag so displayed
should be placed on the left of the clergyman or speaker or to the right
of the audience.
(1) The flag should form a distinctive feature of the ceremony of
unveiling a statue or monument, but it should never be used as the
covering for the statue or monument.
(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. The
flag should be again raised to the peak before it is lowered for the
day. On Memorial Day the flag should be displayed at half-staff until
noon only, then raised to the top of the staff. By order of the
President, the flag shall be flown at half-staff upon the death of
principal figures of the United States Government and the Governor of a
State, territory, or possession, as a mark of respect to their memory.
In the event of the death of other officials or foreign dignitaries, the
flag is to be displayed at half-staff according to Presidential
instructions or orders, or in accordance with recognized customs or
practices not inconsistent with law. In the event of the death of a
present or former official of the government of any State, territory, or
possession of the United States, the Governor of that State, territory,
or possession may proclaim that the National flag shall be flown at
half-staff. The flag shall be flown at half-staff 30 days from the death
of the President or a former President; 10 days from the day of death of
the Vice President, the Chief Justice or a retired Chief Justice of the
United States, or the Speaker of the House of Representatives; from the
day of death until interment of an Associate Justice of the Supreme
Court, a Secretary of an executive or military department, a former Vice
President, or the Governor of a State, territory, or possession; and on
the day of death and the following day for a Member of Congress. The
flag shall be flown at half-staff on Peace Officers Memorial Day, unless
that day is also Armed Forces Day. As used in this subsection--
(1) the term ''half-staff'' means the position of the flag when
it is one-half the distance between the top and bottom of the staff;
(2) the term „executive or military department'' means any
agency listed under sections 101 and 102 of title 5, United States
Code; and
(3) the term "Member of Congress'' means a Senator, a
Representative, a Delegate, or the Resident Commissioner from Puerto
Rico.
(n) When the flag is used to cover a casket, it should be so placed
that the union is at the head and over the left shoulder. The flag
should not be lowered into the grave or allowed to touch the ground.
(o) When the flag is suspended across a corridor or lobby in a
building with only one main entrance, it should be suspended vertically
with the union of the flag to the observer's left upon entering. If the
building has more than one main entrance, the flag should be suspended
vertically near the center of the corridor or lobby with the union to
the north, when entrances are to the east and west or to the east when
entrances are to the north and south. If there are entrances in more
than two directions, the union should be to the east.
(Added Pub. L. 105-225, Sec, 2(a), Aug
--------------------------------------
Revised Section
12, 1998, 112 Stat, 1495.)
Historical and Revision Notes
-------------------------------------------
Source (U.S. Code)
............................. ....................
..................................... 36:175.
-------------------------------------------------------------------------
Proc, No. 3044. Display of Flag at Half -Staff. Upon Death of Certain
Officials and Former Officials
Proc. No. 3044, Mar, 1, 1954, 19 F.R. 1235, as amended by Proc. No.
3948, Dec. 12, 1969, 34 F.R. 19699, provided:
WHEREAS it is appropriate that the flag of the United States of
America be flown at half-staff on Federal buildings, grounds, and
facilities upon the death of principal officials and former officials of
the Government of the United States and the Governors of the States,
Territories, and possessions of the United States as a mark of respect
to their memory; and
WHEREAS it is desirable that rules be prescribed for the uniform
observance of this mark of respect by all executive departments and
agencies of the Government, and as a guide to the people of the Nation
generally on such occasions:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United
States of America and Commander in Chief of the armed forces of the
United States, do hereby prescribe and proclaim the following rules with
respect to the display of the flag of the United States of America at
half-staff upon the death of the officials hereinafter designated:
1. The flag of the United States shall be flown at half-staff on all
buildings, grounds, and naval vessels of the Federal Government in the
District of Columbia and throughout the United States and its
Territories and possessions for the period indicated upon the death of
any of the following -designated officials or former officials of the
United States:
(a) The President or a former President: for thirty days from the
day of death.
The flag shall also be flown at half-staff for such period at all
United States embassies, legations, and other facilities abroad,
including all military facilities and naval vessels and stations.
(b) The Vice President, the Chief Justice or a retired Chief Justice
ao4ral lye
/' 0 f
Sour
June 22, 19
Stat. 378;
Sec, 3, 5
ch. 183, 6
Pub. L. 94
811; Sept.
title XXXI
Stat. 2131
of the United States, or the Speaker of the House of Representatives:
for ten days from the day of death.
(c) An Associate Justice of the Supreme Court, a member of the
Cabinet, a former Vice President, the President pro tempore of the
Senate, the Majority Leader of the Senate, the Minority Leader of the
Senate, the Majority Leader of the House of Representatives, or the
Minority Leader of the House of Representatives: from the day of death
until interment.
2. The flag of the United States shall be flown at half-staff on all
buildings, grounds, and naval vessels of the Federal Government in the
metropolitan area of the District of Columbia on the day of death and on
the following day upon the death of a United States Senator,
Representative, Territorial Delegate, or the Resident Commissioner from
the Commonwealth of Puerto Rico, and it shall also be flown at half-
staff on all buildings, grounds, and naval vessels of the Federal
Government in the State, Congressional District, Territory, or
Commonwealth of such Senator, Representative, Delegate, or Commissioner,
respectively, from the day of death until interment.
3. The flag of the United States shall be flown at half-staff on all
buildings and grounds of the Federal Government in a State, Territory,
or possession of the United States upon the death of the Governor of
such State, Territory, or possession from the day of death until
interment.
4. In the event of the death of other officials, former officials,
or foreign dignitaries, the flag of the United States shall be displayed
at half-staff in accordance with such orders or instructions as may be
issued by or at the direction of the President, or in accordance with
recognized customs or practices not inconsistent with law.
5. The heads of the several departments and agencies of the
Government may direct that the flag of the United States be flown at
half-staff on buildings, grounds, or naval vessels under their
jurisdiction on occasions other than those specified herein which they
consider proper, and that suitable military honors be rendered as
appropriate.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this 1st day of March in the year of
our Lord nineteen hundred and fifty-four, and of the
Independence of the United States of America the one
hundred and seventy-eighth.
[seal]
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in title 10 section 2249b; title 36
section 136.
`.&Wk rwe :7 d
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 20031
[CITE: 4USC81
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec. 8. Respect for flag
No disrespect should be shown to the flag of the United States of
America; the flag should not be dipped to any person or thing.
Regimental colors, State flags, and organization or institutional flags
are to be dipped as a mark of honor.
(a) The flag should never be displayed with the union down, except
as a signal of dire distress in instances of extreme danger to life or
property.
(b) The flag should never touch anything beneath it, such as the
ground, the floor, water, or merchandise.
(c) The flag should never be carried flat or horizontally, but
always aloft and free.
(d) The flag should never be used as wearing apparel, bedding, or
drapery. It should never be festooned, drawn back, nor up, in folds, but
always allowed to fall free. Bunting of blue, white, and red, always
arranged with the blue above, the white in the middle, and the red
below, should be used for covering a speaker's desk, draping the front
of the platform, and for decoration in general.
(e) The flag should never be fastened, displayed, used, or stored in
such a manner as to permit it to be easily torn, soiled, or damaged in
any way.
(f) The flag should never be used as a covering for a ceiling.
(g) The flag should never have placed upon it, nor on any part of
it, nor attached to it any mark, insignia, letter, word, figure, design,
picture, or drawing of any nature.
(h) The flag should never be used as a receptacle for receiving,
holding, carrying, or delivering anything.
(i) The flag should never be used for advertising purposes in any
manner whatsoever. It should not be embroidered on such articles as
cushions or handkerchiefs and the like, printed or otherwise impressed
on paper napkins or boxes or anything that is designed for temporary use
and discard. Advertising signs should not be fastened to a staff or
halyard from which the flag is flown.
(j) No part of the flag should ever be used as a costume or athletic
uniform. However, a flag patch may be affixed to the uniform of military
personnel, firemen, policemen, and members of patriotic organizations.
The flag represents a living country and is itself considered a living
thing. Therefore, the lapel flag pin being a replica, should be worn on
the left lapel near the heart.
(k) The flag, when it is in such condition that it is no longer a
fitting emblem for display, should be destroyed in a dignified way,
preferably by burning.
(Added Pub. L. 105-225, Sec. 2(a), Aug. 12, 1998, 112 Stat. 1497.)
Historical and Revision Notes
a of
------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Sour
------------------------------------------------------------------------------------
8..................................... 36:176. June 22, 19
Stat. 379;
Sec. 4, 5
Pub, L. 94
812.
------------------------------------------------------------------------------------
T Ale
1« 20
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 4USC9]
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec, 9. Conduct during hoisting, lowering or passing of flag
During the ceremony of hoisting or lowering the flag or when the
flag is passing in a parade or in review, all persons present except
those in uniform should face the flag and stand at attention with the
right hand over the heart. Those present in uniform should render the
military salute. When not in uniform, men should remove their headdress
with their right hand and hold it at the left shoulder, the hand being
over the heart. .Aliens should stand at attention. The salute to the flag
in a moving column should be rendered at the moment the flag passes.
(Added Pub. L. 105-225, Sec, 2(a), Aug. 12, 1998, 112 Stat. 1498.)
Historical and Revision Notes
--------------------------------------------------------------------------------
Revised Section
Source (U.S. Code)
-------------------------------------------------------------
9..................................... 36:177.
-------------------------------------------------------------
Sour
June 22, 19
Stat, 380;
Sec, 5, 5
Pub. L. 94
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 20033
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 20031
[CITE: 4Usc1.0 J
TITLE 4 --FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
CHAPTER 1 --THE FLAG
Sec, 10. Modification of rules and customs by President
Any rule or custom pertaining to the display of the flag of the
United States of America, set forth herein, may be altered, modified, or
repealed, or additional rules with respect thereto may be prescribed, by
the Commander in Chief of the Armed Forces of the United States,
whenever he deems it to be appropriate or desirable; and any such
alteration or additional rule shall be set forth in a proclamation.
(Added Pub. L. 105-225, Sec, 2(a), Aug. 12, 1998, 112 Stat, 1498.)
Historical and Revision Notes
------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Sour
.................. --........... --................ -................. -----------......
36:178.
.......... ------------ --......
--------
References in Text
Herein, referred to in text, means sections 4 to 10 of this title.
Proc. No. 2605. The Flag of the United States
Proc, No, 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, provided:
The flag of the United States of America is universally
representative of the principles of the justice, liberty, and democracy
enjoyed by the people of the United States; and
People all over the world recognize the flag of the United States as
symbolic of the United States; and
The effective prosecution of the war requires a proper understanding
by the people of other countries of the material assistance being given
by the Government of the United States:
NOW, THEREFORE, by virtue of the power vested in me by the
Constitution and laws of the United States, particularly by the Joint
Resolution approved June 22, 1942, as amended by the Joint Resolution
approved December 22, 1942 [now sections 4 to 10 of this title], as
President and Commander in Chief, it is hereby proclaimed as follows:
1. The use of the flag of the United States or any representation
thereof, if approved by the Foreign Economic Administration, on labels,
packages, cartons, cases, or other containers for articles or products
of the United States intended for export as lend-lease aid, as relief
and rehabilitation aid, or as emergency supplies for the Territories and
possessions of the United States, or similar purposes, shall be
June 22, 19
Stat, 380;
Sec, 8, 5
Pub. L. 94
considered a proper use of the flag of the United States and consistent
with the honor and respect due to the flag.
2. If any article or product so labelled, packaged or otherwise
bearing the flag of the United States or any representation thereof, as
provided for in section 1, should, by force of circumstances, be
diverted to the ordinary channels of domestic trade, no person shall be
considered as violating the rules and customs pertaining to the display
of the flag of the United States, as set forth in the Joint Resolution
approved June 22, 1942, as amended by the Joint Resolution approved
December 22, 1942 (U.S.c., Supp. II, title 36, secs. 171-178) [now
sections 4 to 10 of this title] for possessing, transporting,
displaying, selling or otherwise transferring any such article or
product solely because the label, package, carton, case, or other
container bears the flag of the United States or any representation
thereof.
Section Referred to in Other Sections
This section is referred to in title 10 section 2249b.
W ,
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