FLAG POLICY
Administrative Policy #F16
I. PURPOSE
To establish guidelines for: (1) the exhibition of the flag of the United States of America, the California State flag, the Hercules City flag from City buildings and (2) the display of Commiserative Flags.
II. POLICY
It is the policy of the City of Hercules that flags should be displayed in conformance with Joint Resolution; and the State of California Government Code Sections 430 through 439. Federal and State policies, as stated in the Federal Public Law 94-344 94th Congress In order to establish a policy with respect to the locations and days when the United States of America, California State, and Hercules City flags should be displayed, the following standards should be followed.
The Director of Public Works is responsible for ensuring the proper execution of this policy at all City facilities.
A. Federal, State and City Flags
1. Outdoor flags will be flown at City facilities in the following order of precedence: first, the United States flag; second, the California State flag; third, the Hercules City flag.
Weather permitting,
near City Hal, and other public facilies ed daily to do sof drana location
3. Flags should not be displayed in inclement weather. However, all-weather flags may be flown on a 24-hour basis as long as they are illuminated from sunset to sunrise.
4. The Hercules City flag will be flown wherever there are sufficient poles to do so in accordance with #2 above. The City flag may be displayed on the same pole with, and underneath the State flag, whenever the pole is of sufficient height.
5. New City facilities where any flags are to be flown shall be constructed with a sufficient number of poles to allow the City flag to be flown.
6. Indoor City flags shall be displayed in the City Council Chambers.
7. On recognized Federal and/or State holidays, and on other special occasions, flags should be flown from all locations listed in paragraph A-b above.
8. Flags at all City facilities shall be displayed in accordance with the above standards. However, the City Manager may order flags to be lowered to half- staff including, but not limited to, flags of the United States of America and State of California in honor of the death of a City employee killed in the line of duty.
B. Ceremonial Flags
The City's flagpoles are not intended to serve as a forum for free expression by the The City shall display Commemorative Flags only if authorized by the City Council as an expression of the City's Official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council.
1. The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the Hercules City Council, and approved by the City Council at a City Council meeting, pursuant to the two- step process set forth in the City Council's adopted Rules of Procedure.
2. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty-one (31) continuous days.
3. Commemorative Flags shall be displayed exclusively at the Hercules Civic Center. Such flags may be displayed on the Civic Center flag poles or on one or more buildings at the Civic Center. Only one (1) Commemorative Flag will be allow to be flown at a time on the flag pole at the Hercules Civic Center.
4. Commemorative Flags displayed on the Hercules Civic Center flagpoles shall be displayed in the last position of honor beneath the City of Hercules Flag, and to the extent such display does not conflict with federal law, state law, or this policy.
5. Religious flags are not considered to be Commemorative Flags and such are not allowed to be flown on the City's flag poles.
1/28/2020
David Biggs, City Manager
Date
Original Date: January 14, 2020
Revision Date:
90 STAT. 810 PUBLIC LAW 94-344—JULY 7, 1976
Public Law 94-344
94th Congress
Joint Resolution
July 7, 1976
[S.J. Res. 49] To amend the joint resolution entitled "Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America".
U.S. flag, display Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution entitled "Joint resolution to codify and emphasize existing rules and ustoms pertaining to the display and use of the flag of the Unite tates of Americ , as amended
36 USC 173. (36 U.S.C. 171-178), is amended-
"The flag of the United States for the purpose of this chapte (1) by adding after the last sentence of section 1 the following:
4 USC 1 note. shall be defined according to title 4, United States Code, chapter 1 section 1 and section 2 and Executive Order 10834 issued pursuant occasions for inserting in lieu thereof the following: "However, when a patri (2) by striking out the second sentence of section 2(a) and 36 USC 174. tie effect is desired, the flag may be displayed twenty-four hour a day if properly illuminated during the hours of darkness." (3)b bring in section 2(c) before the period a comma and the 1) by striking out section 2(d) and inserting in lien thereof : "except when an all weather flag is displayed"; the following:
"(d) The flag should be displayed on all days, especially on New Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in of the United States; the birthdays of States (date of admission) ; and on State holidays.";
(5) by striking out ", weather permitting, " in section 2(e) (6) by striking out "radiator cap" in section 3(b) and inserting in lieu thereof "right fender";
and inserting
PUBLIC LAW 94-344—JULY 7, 1976 90 STAT. 811
(9) by striking out section 3(k) and inserting in lieu thereof 36 USC 175. "(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 staft in 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 clergy- man'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 audience.":
(10) by striking out section 3(m) and inserting in lieu thereof Flag at half-staff. the following:
"(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 day. On Memorial Day flag should be again raised to the peak before it is lowered for the . the flag should be displayer at half-staff
until noon only, then raised to the top of the staff. By order of the pal figures of the United States Government and the Governor of a President, the fing shall be flown at half-staft upon the death of prine- In the event of the death of other officials or foreign dignitaries, the State, territory, or possession, as a mark of respect to their memory. flag is to be displayed at half-staff according to Presidential instruc- tions or orders. or in accordance with recognized customs or practices not inconsistent with 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 posses- The flng shall be flown at half-staff thirty days from the death of the sion may proclaim that the National flag shall be flown at half-staff.
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; 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. territory, or posses- sion; and on the day of death and the following day for a Member of Congress. As used in this subsection— it is one-half the distance between the top and bottom of the staff; "(1) the term 'half-staff' means the position of the flag when agency listed under sections 101 and 102 of title 5, United States "(2) the term 'executive or military department means any "(3) the term 'Member of Congress' means a Senator, a Repre- sentative, a Delegate, or the Resident Commissioner from Puerto (11) by adding at the end of section 3, a new subsection as fol- Display in or loing corridor
90 STAT. 812 PUBLIC LAW 94-344—JULY 7, 1976
Kespect for flag
36 USC 176. (12) by striking out section 4(a) and inserting in lieu thereof he tollowing:
(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."
(13) by striking out section 4(d) and inserting in lien thereof the tollowing
*(d) The flag should never be used as wearing apparel, bedding, o1 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 blue above, 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.";
(bark section 4(e) and inserting in lieu thereof
"(e) The flag should never be fastened, displayed, used, or stored in any way." in such a manner as to permit it to be easily torn, soiled, or damaged (15) by striking out section 4(i) and inserting in lien thereof "(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 stafl or halyard from which the flag is flown.":
Costumes or
athletic uniforms, (16) by redesignating section 4(j) as section 4(k) and by prohibition. inserting after section 4(i) a new subsection as follows:
uniform. However, a flag patch may be affixed to the uniform of mili- "(j) No part of the flag should ever be used as a costume or athletic tary personnel, firemen, policemen, and members of patriotic organiza- Fong The f. There, the lapel tantry ben a tell cosidered be worn on the left lapel near the heart.?
Hoisting,
lowering, and following: (17) by striking out section 5 and inserting in lieu thereof the passing of flag.
36 USC 177. "SEc. 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 their 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.";
National anthem, (18), by striking out section 6 and inserting in lieu thereof the conduct during following:
playing
36 USC 171 "SEc. 6. During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at atten- ion facing the flag with the right hand over the heart. Men not ir 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 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."; PUBLIC LAW 94-344—JULY 7, 1976 90 STAT. 813
following: (19) by striking out section 7 and inserting in lieu thereof the Pledge of Allegiance to the
"SEc. 7. The Pledge of Allegiance to the Flag, '1 pledge allegiance FiTSC 172. 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."; following: (20) by striking out section 8 and inserting in lieu thereof the Rules and customs,
modification.
the United States of America, set forth herein, may be altered, modi- 36 USC 178.
Jnited States, whenever he deems it to be appropriate or desirable proclamation.".
Approved July 7, 1976.
LECISLATIVE HISTORY:
ENATE REPORT No. 94-797 (Comm. on the Judiciar
ONGRESSIONAL RECORD, Vol. 122 (1976
Ane 12, considered and pased Souse, amended
June 22, Senate concurred in House amendments.
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GOVERNMENT CODE - GOV
TITLE 1. GENERAL [100 - 7914] ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 2. STATE SEAL, FLAG, AND EMBLEMS [399 - 447] (Division Division enacted by Stats. Stats. Ch. Ch. ) CHAPTER 3. Display of Flags [430 - 439] ( Chapter 3 added by Stats. 1953, Ch. 170. ) 430. The Flag of the United States and the Flag of the State of California (the Bear Flag) shall be prominently installed, displayed, and maintained in the following places:
(a) In the courtrooms of all courts of the State.
(b) In all rooms where any court or any state, county, or municipal commission holds any sessions. (Added by Stats. 1953, Ch. 170.)
431. The Flag of the United States and the Flag of the State shall be prominently displayed during business hours upon or in front of the buildings or grounds of or at each of the following places:
(a) Each public building belonging to the State, a county, or a municipality. (b) At the entrance and exit of every state park.
(c) At the entrance or upon the grounds of each campus of the University of California. (d) At the entrance or upon the grounds or upon the administration building of every university, college, high school, and elementary school, both public and private, within the State. (e) Upon or at every agricultural inspection station just inside California and located on every highway leading into California.
(f) At the entrance of or within every state highway maintenance station where personnel reside or are on duty at the time necessary to raise and lower the Flag.
(Amended by Stats. 1953, Ch. 1227.)
432. The Flag of the United States and the Flag of the State shall be prominently displayed during any and all games and performances of every kind which take place in a coliseum, stadium, bowl, or other open air sites, and at all race tracks where racing is being conducted.
(Added by Stats. 1953, Ch. 170.)
433. The National and State Flags shall be carried at the head of any procession or parade of:
(a) The National Guard.
(b) The California State Guard.
(c) Any other state military organization.
(d) Sheriff's posse.
(e) City police or fire department.
(Added by Stats. 1953, Ch. 170.)
434. Where the installation or display of the Flag of the United States and the Flag of the State in a place publicly owned, whether by the State, a county, or a municipality, is prescribed, public officials charged with furnishing the place shall provide for the acquisition of the flags and their installation, display, and maintenance pursuant to this chapter.
(Added by Stats. 1953, Ch. 170.)
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434.5. (a) As used in this section, the following terms have the following meaning:
(1) "Legal right" means the freedom of use and enjoyment generally exercised by owners and occupiers of land. (2) "Local government agency" means a county, city, whether general law or chartered, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency.
(b) (1) No person, private entity, or governmental agency shall adopt any rule, regulation, or ordinance, or enter into any agreement or covenant, that prevents any person or private entity that would otherwise have the legal right to display a Flag of the United States on private property from exercising that right, unless it is used as, or in conjunction with, an advertising display.
(2) Nothing in this subdivision shall be construed to prevent a city, county, or city and county from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety, or order. (c) (1) A local government agency may not adopt any policy or regulation that prohibits or restricts an employee of that agency from displaying a Flag of the United States, or a pin of that flag, on his or her person, in his or her workplace, or on a local government agency vehicle operated by that employee. (2) Nothing in this subdivision shall be construed to prevent a local government agency from imposing reasonable restrictions as to the time, place, and manner of placement or display of a Flag of the United States when necessary for the preservation of the order or discipline of the workplace. (d) No restrictions solely to promote aesthetic considerations shall be imposed pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c).
(Amended by Stats. 2002, Ch. 73, Sec. 1. Effective January 1, 2003.) 434.. (a) On and after January 1, 2017, any Flag of the United States or the Flag of the State of California purchased by the state or any local government agency shall be made in the United States. (b) For purposes of this section, the term "local government agency" means a county, city, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency.
(Added by Stats. 2016, Ch. 717, Sec. 1. (SB 1012) Effective January 1, 2017.) 435. Where a city or county has adopted an official flag, it is unlawful for any other city or county to adopt an official flag so similar that it might deceive or mislead anyone as to the city or county to which it belongs. (Added by Stats. 1953, Ch. 170.)
436. Where the National and State Flags are used, they shall be of the same size. If only one flagpole is used, the National Flag shall be above the State Flag and the State Flag shall be hung in such manner as not to interfere with any part of the National Flag. At all times the National Flag shall be placed in the position of first honor. (Added by Stats, 1953, Ch. 170.)
437. The superior court having jurisdiction of the offense shall enforce this chapter on the complaint of any citizen of the county.
(Added by Stats. 1953, Ch. 170.)
438. All United States Flags now in the possession of state, county, city, and district agencies, or hereafter acquired by such agencies under contracts awarded prior to March 18, 1959, may be utilized until unserviceable. (Added by Stats. 1959, Ch. 1521.)
439. The Adjutant General shall, by regulation, prescribe rules regarding the times, places, and manner in which the State Flag may be displayed. He shall, periodically, compile the laws and regulations regarding the State Flag.
Copies of the compilation shall be printed and made available to the public at cost by the Department of General Services.
(Amended by Stats. 1965, Ch. 371.)
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