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Attachment 5 - Draft Ordinance 2024-01

Coronado City Council
January 16, 2024

Document
Attachment 5 - Draft Ordinance 2024-01
Meeting
January 16, 2024
Body
Coronado City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on coronado.primegov.com. That file is the official record.

Attachment 5
ORDINANCE NO. 2024-01

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CORONADO, CALIFORNIA, ADDING CHAPTER 52.50 TO THE

CORONADO MUNICIPAL CODE RELATED TO FLAG POLICY
WHEREAS, the City has a long-standing practice of displaying the federal, state, and city flags outside city facilities; and
WHEREAS, the City has a time-honored tradition of displaying the flags of the military branches at Star Park, a designated Memorial Park; and
WHEREAS, the City Council desires to formalize and establish a written policy regarding flag displays at City facilities and Star Park; and
WHEREAS, adopting such a written policy is not a project under the California Environmental Quality Act.

NOW, THEREFORE, the City Council of the City of Coronado hereby ordains as follows:

Section 1. All of the above statements are true and incorporated herein.

Section 2. Chapter 52.50 of the Coronado Municipal Code is hereby added to read as follows:
§ 52.50.010. Flag Policy.

The City Council declares flag displays at City’s flagpoles at City facilities and Star Park are a form of government expression and not intended as a forum for free expression of the public. § 52.50.020. Government Speech.

For purposes of this Chapter, government expression is limited to a decision reached by a majority of the Coronado City Council.
§ 52.50.030. Flag Display.

A. In addition to the flag of the City of Coronado and in accordance with the United States Code Title 4, Chapter 1 and California Government Code Title 1, Chapter 3. Sections 430-439 (“Flag Laws”), the United States National Flag and the State of California flag shall be displayed outside the following city facilities:

ANIMAL CONTROL 1395 FIRST STREET
BOATHOUSE\CLUBROOM 1985 STRAND WAY
CITY HALL 1825 STRAND WAY
FIRE DEPARTMENT (VILLAGE) 1001 SIXTH STREET
FIRE DEPARTMENT (CORONADO CAYS) 101 GRAND CARIBE CWY
GOLF COURSE CLUBHOUSE 2000 VISALIA ROW
HARBOR MASTER OFFICE 101 GRAND CARIBE CWY
LIBRARY 640 ORANGE AVENUE
LITTLE LEAGUE (VERNETTI STADIUM) 165 B AVENUE
POLICE STATION 700 ORANGE AVENUE
PUBLIC SERVICES 101 B AVENUE
RECREATION CENTER 1845 STRAND WAY
SENIOR CENTER 1019 SEVENTH STREET
Attachment 5
B. The POW MIA flag shall also be flown at the Library associated with the Stockdale Monument.

C. At Star Park, a city-designated Memorial Park, the flags of the branches of the United States military shall be displayed to honor those who served.

D. The U.S. National and the City of Coronado flags shall be displayed along the Orange Avenue median.

E. Flags on display shall be flown in accordance with Flag Laws. § 52.50.040. Unlawful display.

No person shall, and it is unlawful to, display or place a flag upon any flagpole owned by the City of Coronado without expressed approval of the Coronado City Council.

Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of Coronado shall cause this Ordinance to be published pursuant to the provisions of Government Code Section 36933.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of Coronado, California, on the Sixteenth day of January 2024; and PASSED, ADOPTED, AND APPROVED by the City Council of the City of Coronado at a regular meeting thereof this Sixth day of February 2024 by the following vote to wit:

AYES:

NAYS:

ABSTAIN:

ABSENT:

APPROVED:
____________________________________
RICHARD BAILEY, Mayor of the
City of Coronado, California
ATTEST:
_______________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
Attachment 5
*****

STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.

CITY OF CORONADO )
I, KELSEA HOLIAN, City Clerk of the City of Coronado, hereby certify that the foregoing ORDINANCE NO. 2024-01 passed at the regular meeting of the City Council of the City of Coronado held on the 6th day of February 2024 after having been read at the regular meeting of said City Council held on the 16st day of January 2024. _______________________________
KELSEA HOLIAN, City Clerk of the
City of Coronado, California
ORDINANCE NO. 2024-01

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