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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