HomeMy WebLinkAbout08-09-2018 - CAC - Public Comments Display of American Flag ComplianceRE("-EE!'i,/ED
8/9/2018
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To: City ofNewport Beach
From: Jom H. Anderson, US Citizen, Army veteran, Newport Beach resident 0;;J OF
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Display of American Flag - Complmce with United States Code Title 4, Chapter 1.
The Flag of the United States of America deserves proper respect. Accordingly the US Congress
has set forth Flag Laws and Regulations. Excerpts attached.
The City should review the intent and spirit of these laws and regulations - especially as regards
the placement of objects, such as a sculphire placed in close proximity to and rising above the
Civic Center flag pole. Exhibit attached.
This proximity is very pronounced as seen from the adjacent street. Moreover, while sculpture is
lit at night, the night-flying US flag apparently is not - perhaps in noncompliance with US code?
While likely too late to correct any current noncompliance; such questionable appearances
should be scrupulously avoided in the fiihire. Thank you for your service.
Attachments:
US Congressional Flag Laws and Regulation excerpts
Photo - dimensional relations of flag pole to sculpture
109th Congress, 2nd Session S.Doc. 109-18
OUR FLAG
Jorm COMMITTEE ON PRINTING
UNITED STATES CONGRESS
Printed by authority of Senate Concurrent Resolution 108, 109th Congress
U.S. GOVERNMENT PRINTTNG OFFICE
WASHINGTON :2007
For sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800
Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001
ISBN 978-0-16-076598-8
F lag Laws and R egulations
Th e laws relatin g to th e flag of th e Un ited States of Am erica are foun d
in detail in the United States Code. Title 4, Chapter I pertains to the flag
and seal, seat ofGovernment, and official territorial papers; Section 700,
Title 18, Chapter 33 pertains to desecration ofthe flag and penalties; Title
36, Chapter l pertains to patriotic and national observances. These laws
were supplemented by Executive Orders and Presidential Proclamations.
Title 36, Chapter I-PATRIOTIC CUSTOMS
§301. National anthem ; Star-Spangled Banner, conduct during playing
During rendition ofthe national anthem when the flag is displayed, all
present except those in uniform should stand at attention facing the flag
with the right hand over the heart. Men not in unifornn 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 render the military salute
at the first note ofthe anthem and retain this position until the last note.
When the flag is not displayed, those present should face toward the music
and act in the same manner they would if the flag were displayed there.
Title 4, Chapter 1 -THE FLAG
§4. Pledge of Allegiance to the flag; m anner of delivery
The Pledge of Allegiance to the Flag, "I pledge allegiance to the Flag
of th e Un ited States of Am erica, an d to th e Republic for wh ich it stan ds,
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.
S,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 ofthe flag ofthe United States ofAmerica is estab-
lished 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 ofthe Government ofthe United States. The
flag of the United States for the purpose of this chapter shall be defined
according to Title 4, United States Code, Chapter 1, Section l and Section
2 and Executive Order 10834 issued pursuant thereto.
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§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 m the open. However,
when a patriotic effectis desired, the flagmay be displayed twenty-four
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; Lincoln's
Birthday, February 12; Washington's Birthday, third Monday in
February; Easter ,2unday (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; CMstmas Day,
December 25; and such other days as may be proclaimed by the
President of the United States; the birthdays of States (date of admis-
sion); and on State holidays.
(e) The flag should be displayed daily on or near the main adminis-
tration 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.
§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.
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(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 dis-
played on a motorcar, the staff shall be fixed firmly to the chassis or
clamped to the right fender.
171 ; ' .
(c) No other flag or pennant fshould 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 dur-
ing church services for the personnel of the Navy. No person shall
display the flag of the United Nations or any other national or inter-
national flag equal, above, or in a position of superior prominence
or honor to, or in place of, the flag of the Un ited States at any place
within the United States or any Territory or possession thereof:
Provided, that nothing in this section shall make unlawful the con-
tinuance 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 ofthe 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 ofthe 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 " S;'- ,i . ' -
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 pro-
jecting horizontally or at an angle from the window sill, balcony, or
front ofa building, the union ofthe flag should be placed at the peak
of the staff un less 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
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edge ofthe 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 lefl:. When displayed in a window, the flag should
be displayed in the same way, with the union or blue field to the left
ofthe observer in the street.
(j) When the flag is displayed over the middle ofthe 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
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 le'fl' of the clergyman or speaker
or to the right of the audience.
(l) The fla should fo in ure 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-staffuntil 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 ofrespect to their memory. In the event ofthe
death of other officials or, foreign dignitaries, the flag is to be displayed
at half-staff according to Presidential instructions or orders, or in accor-
dance with recognized customs or practices not inconsistent with law.
In the event of the death of a present or former official of the govern-
ment 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 thirty days from the death of the President or a former President;
ten 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; firorn 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 ofdeath and the following
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