HomeMy WebLinkAboutFlag Policy, Revised 2020-09PROPOSED TOWN OF DANBY FLAG AND BANNER DISPLAY POLICY
August 2020
1.This policy (the “Flag Policy”) shall apply to all flags, banners, signs, and plaques (and
similar traditional display devices), all individually and together herein referred to as
“flags,” unless otherwise noted by reference or the context hereof.
The policy does not apply to flags flown by the Town Court; which have separate rules
specified by the New York State Unified Court System.
2.All flags shall fly in accord with the standards of United States Code, Title 4 or applicable
law. A list of general display rules for U.S. Flag are found in Appendix One.
3.The locations where flags may be displayed on Town-owned property include the
following locations:
•The flag mounts on Town Hall;
•The property surrounding Town Hall;
•The Highway Department Property;
•The Water District Property.
Other/new locations must be approved by the Town Board.
The Flags approved to be displayed year-round under this Flag Policy are:
●The U.S. flag;
•The New York State flag;
The Flags approved by the Town Board to be displayed by permit are:
•The POW-MIA flag;
•The PRIDE flag;
•The Black History Month Flag.
Residents may request to have other flags added to this list. The Town Board will add
approved flags by resolution.
4.If placed upon the official Town mounts, no more than one flag shall fly below the U.S.
Flag.
5.No commercial flags shall be flown or displayed, and no flag may be displayed for
commercial purposes.
6.Any resident wishing to obtain space upon the Town’s flag mounts, or other locational
display sites approved under this Flag Policy shall apply for a permit through the Town
Clerk’s Office. Such application shall be approved and the permit issued by the Town
Clerk if the applicant completes the permit application (Appendix Two) and
demonstrates compliance with this Flag Policy, including that the proposed flag is on
the approved Flag List, corresponds to a recognized monthly observance (Appendix
Three), and complies with the other requirements of this Flag Policy. The Town shall
maintain an updated list of approved flags and observances to assist applicants in
preparing permit applications.
7.In the event a flag requested in a permit application is not on the list of approved
flags,the Town Clerk shall forward the application to the Town Board,which shall
determine whether such flag is generally recognized on a local,state or national level
and is or was:(i)created or is used as an officially recognized flag of the United States;
or (ii)created or issued in relation to a national observance month proclaimed by Act
of Congress,Presidential Proclamation,or Executive Order.If affirmatively so
determined and the flag and permit application demonstrate compliance with this
Flag Policy,the Town Board shall approve the application and the Town Clerk shall
issue the permit.Requests will be considered and flags flown on a first-come
first-served basis.
8.The Town Clerk shall request such information in the permit application as is deemed
necessary to carry into effect this Flag Policy, and this Flag Policy may be updated by
Town Board resolution from time-to-time, whether to add approved flags, federal daily
or weekly days of observance, State recognized observances, to amend procedures, to
implement a fee schedule, to repeal this Flag Policy, or otherwise.
9.It shall be the responsibility of each permit applicant to apply at least 30 days in
advance of the desired date of display as to allow proper permit review, as well as to
supply, at their own expense, a flag (no larger than 3’ x 5’) which complies with this
Flag Policy, and U.S.C. Article 4 and federally recognized flag protocols, rules, and
standards. The Town is not responsible or liable for maintenance, damage, loss or
storage of permitted flags. Flag owners must retrieve their property from the Town of
Danby business office within one week of the end of the observation period. After this
time, it will be at the discretion of the Town as to the disposal/ retention of the
permitted flag.
10.Unless otherwise approved and stated in any permit, no flag shall fly other than
during its period of recognized observance.
11.This Flag Policy shall at all times be construed in accord with applicable law. If for any
reason at any time any provision herein shall be deemed illegal, unconstitutional,
discriminatory against any person, group, or viewpoint, or invalid, this Flag Policy shall
be suspended and no permits shall be issued or approved until this Flag Policy is
brought back into compliance with applicable law or constitutional requirements,
including but not limited to the holdings or determinations of any court or tribunal of
competent jurisdiction.
Appendix One: General Display Rules for U.S. Flag:
•When displayed with other flags, the size of the American Flag should be larger
than or relatively equal to the size of the largest other flag. Other flags should not
overshadow the American Flag in any way.
•The American Flag should be flown higher than lesser flags. If the flags are
displayed on the same level, the American Flag should be flown to the (flag's own)
right of all other flags. The right is a position of prominence.
•If the flags of other nations are displayed with the American Flag, they should be of
equal size and at equal heights on separate staffs at a time of peace. The American
Flag should be displayed to the (flag's own) right but not higher than other national
flags.
•In a group of state, local and/or society flags, the American Flag should be flown
highest and in the center.
•The American Flag should be hoisted first and lowered last, when flown with other
flags on adjacent staffs.
•When the American Flag is displayed against a wall with another flag, it should be
on the (flag's own) right with its staff in front of the other flag.
•Another nation's flag should not be displayed on the same halyard as the American
Flag.
•If a state, local or society flags are flown on the same halyard with the American
Flag, the American Flag should be at the top
•If the American Flag is carried in a procession with other flags, it should be to its
own right or in the center of a line of flags.
Appendix Two: Town of Danby
Permit Application For Flag Display
Full Name __________________________________________________________________
Last, First Middle, Initial
Date_______________________________________________________________________
Month, Day, Year
Address____________________________________________________________________
Street Number, Street Name, Apt/Unit
_______________________________________________________________________
City, State, Zip Code
Phone __________________________ Email_________________________________
Dates of observance requested: _______________________________________________
Statement Of Support Of Permit Application
(Must Meet Town Flag Display Policy Standards)
Signature:Date:
Note:Flag will be provided,at the expense of the applicant,and must be retrieved from
the Town office within one week after observation period.After this time,it will be at the
discretion of the Town as to the disposal/retention of the permitted flag Town of Danby is
not responsible for maintenance, damage, loss or storage of permitted flags.
Approved: Denied: Date Flag Provided:
Town Official
Signature:
Date
Appendix Three: Days/Months of Observance Recognized by Proclamation:
Days
January 1 New Year's Day
January 20 Inauguration Day
third Monday in January Martin Luther King Jr.'s birthday
third Monday in February Presidents' Day
May 15 Peace Officers Memorial Day (half-staff)
third Saturday in May Armed Forces Day
last Monday of May, Memorial Day (half-staff until noon) (may fly POW/MIA flag)
June 14 Flag Day
June 19 Juneteenth
July 4 Independence Day
July 27 National Korean War Veterans Armistice Day
first Monday in September Labor Day
September 11 Patriots Day (half-staff)
September 17 Constitution Day
third Friday of September POW Remembrance Day
second Monday in October Columbus Day
October 27 Navy Day
November 11 Veterans Day (may fly POW/MIA flag)
fourth Thursday in November Thanksgiving Day
December 7 Pearl Harbor Day (half-staff)
Months
January National Mentoring Month
January Stalking Awareness Month
January Slavery and Human Trafficking Prevention Month
February American Heart Month
February Black History Month
March American Red Cross Month
March Women's History Month
March Irish-American Heritage Month
April Cancer Control Month
April National Donate Life Month
April National Child Abuse Prevention Month
April National Sexual Assault Awareness Month
April National Financial Literacy Month
May Older Americans Month
May Jewish American Heritage Month
May Asian Pacific American Heritage Month
May Mental Health Awareness Month
May National Physical Fitness and Sports Month
May National Foster Care Month
June Gay and Lesbian Pride Month
June Caribbean-American Heritage Month
June Great Outdoors Month
June National Oceans Month
June African-American Music Appreciation Month
July National Ice Cream Month
September Childhood Cancer Awareness
September National Sickle Cell Awareness Month
September National Alcohol and Drug Addiction Recovery Month
September National Ovarian and Prostate Cancer Awareness Month
September National Wilderness Month
September National Preparedness Month
September National Childhood Obesity Awareness Month
September Prostate Cancer Awareness Month
September
National Hispanic Heritage Month 15-October to 15
November
October National Information Literacy Awareness Month
October Italian-American Heritage and Culture Month
October Country Music Month
October National Breast Cancer Awareness Month
October National Domestic Violence Awareness Month
October National Arts & Humanities Month
October National Disability Employment Awareness Month
October National Cyber Security Awareness Month
October National Energy Awareness Month
November National Entrepreneurship Month
November Military Family Month
November National Bone Marrow Donor Awareness Month
November National Hospice Month
November National Adoption Month
November National Family Caregivers Month
November National Alzheimer's Disease Awareness Month
November National Diabetes Month
November National American Indian Heritage Month
December National Impaired Driving Prevention Month
December National Critical Infrastructure Protection Month