Exh 8AAGENDA # 8A
AUGUST 28, 2000
AGENDA ITEM:
DATE:
SUBMITTED BY:
STAFF REPORT
CITY OF ATLANTIC BEACH
CITY STAFF REPORT
,_
. Proposed Flag Policy
August 23, 2000
David E. Thompson, Chief of Police/DPS
BACKGROUND: The Atlantic Beach Department of Public Safety has traditionally
handled the duties relative to flying the American flag at the City
Hall/Public Safety Complex. The Fire Department performed the
related duties for many years. A few months ago, the Police
Explorers accepted the responsibilities for the flag.
One question that emerged relative to the flag was when to fly it at
half-staff. Although flag etiquette provides guidelines on this
issue, the language allows for some interpretation according to
custom and tradition. For this reason, the proposed policy is
intended to establish guidelines for the City.
The City has received requests in the past to fly the flag at half-
staff, and there has been no clear policy regulating this decision.
RECOMMENDATIONS: To approve the proposed policy relative to flag etiquette for the
City of Atlantic Beach
ATTACHMENTS: See Attached Proposal.
REVIEWED BY CITY MANAGER:
AGEN)yYA ITEM NUMBER:
AGENDA # $A
AUGUST 28, 2000
Proposed Flag Policy
The American Flag will be flown in accordance with established flag etiquette (See Attachment).
__ _ ___
One of the discretionary sections of flag etiquette is Section 2 (m) which designates the flag to be
flown at half-staff "according to presidential instructions or orders, or in accordance with
recognized customs or practices not inconsistent with the law." This section allows the City of
Atlantic Beach to establish customs or practices as long as they are not inconsistent with the law.
It shall be the policy of the City of Atlantic Beach to fly the American Flag at half-staff upon the
death of principal figures of the United States Government, the State of Florida, .the City of
Jacksonville, or the City of Atlantic Beach. The following positions of public service will be
appropriate for flying the flag at half-staff:
United States Government: See Section 2 (m) of Flag Etiquette
State of Florida: Governor
Lt. Governor
State Representative from District 18
State Senator from District 8
City of Jacksonville: Mayor
City Councilperson from District 3
Firefighters Assigned to Atlantic Beach Fire Station killed in the
line of duty ..
Jacksonville Sheriff's Officers assigned to Atlantic Beach kill.~d;in
the line of duty
City of Atlantic Beach: Mayor
City Commissioner(s)
Former Mayors
Police Officer(s) killed in the line of duty
Any City employee or former employee designated by the City
Commission
Other: Any citizen as designated by the City Commission of the City of
Atlantic Beach
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Flag Etiquette
Page 1 of 5
AGENDA # 8A
AUGUST 28, 2000
The following flag Laws and regulations are contained in the Public Law as amended July 7, 1976 by
the 94th Congress of the United States. They set forth the existing rules, customs and etiquette
pertaining to the display and use of the flag of the United States of America. - -
Section 1
The following codification of existing rules and customs pertaining to the display and use of the flag of
the United States of America shall be and. is hereby 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 purposes of this chapter, shall be defined according to Title 4,
United States Code, chapter 1, section 1 and section 2, and Executive Order 10834 issued pursuant
thereto. ,
Section 2
(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 maybe displayed
twenty-four hours a day if properly illuminated during the hours of darkness.
(b) The flag should be hoisted briskly and lowered cautiously.
(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 l; Inauguration
Day, January 20; 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.
Section 3
That the flag, when carried in a procession with another flag or flags, should be either on the marching
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AGENDA # 8A
AUGUST 28, 2000
right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that tine.
(a) The flag should not be displayed on a float in a parade except from a staff or as provided in
subsection (i).
(b} The flag should not be draped over the hood, top, sides orback of a vehicle or of a railroad train
or boat. When the flag is displayed on a motor car, 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.
(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 flaj 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 prof ecting horizontally or at an angle
from a windowsill, balcony, or 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 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 staffin 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
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audience.
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AGENDA # 8A
AUGUST 28, 2000
(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, temtory 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 the 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-staffthirty days from the death of the President or a former
President;. ten days from the death of a 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, temtory or possession; and on the
day of death and the following day for a Member of Congress. 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 star;
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 Rica
(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 in 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.
Section 4
~- ,That 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
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AGENDA # 8A
AUGUST 28, 2000
merchandise.
(c) The flag should never be carved flat or .horizontally, .but always aloft and free.
(d) The flag should never be used aswearing 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 blueabove, 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 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 1 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.
Section 5
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 the 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.
Section 6
During rendition of the national anthem when the flag is displayed, all present except those in uniform
shall stand at attention facing the flag with the right hand over the heart. Men not in uniform 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 of the anthem and retain
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AGENDA # 8A
AUGUST 28, 2000
this position until the last note. When the flag is not displayed, those present should face towara the
.- "R. music and act in the same manner they would if the flag were displayed there.
Section 7
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.
Section 8
Any rule or custom pertaining to the display of the flag of the United States of America, set forth
herein, maybe 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.
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.
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