0858
ORDINANCE NO. ~
OFFICIAL RECORD
AN ORDINANCE PROVIDING REGULATIONS ON THE USE, LOCATION
AND DISPLAY OF PRIMARY FLAGS; PROVIDING A PENALTY OR FINE
NOT TO EXCEED THE SUM OF $500 FOR EACH OFFENSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the City Council believes that the right of each citizen to display the flag
of the State and/or the United States of America is a Constitutionally protected right offree
speech; and
WHEREAS. the City Council has determined that it is in the best interest of the city
to recognize every resident's right to display the flag of the State and the Country; and that
it is offensive to the governing body that such an act would be prohibited;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
For purposes of this ordinance, the following definitions shall apply:
Flag. A display on cloth or other flexible materia!, usually rectangular in shape, of
distinctive color and design, used as a symbol, a standard or signal to attract
attention.
Primary flag. The official flag of the United States of America and the official flag of
the State of Texas.
SECTION 2.
A.
A person, business or organization commits an offense if the person
prohibits an owner or occupant of a residential property from displaying
primary flags on the occupant's residential property, provided that the display
of such flags does not violate the provisions of Subsections B or C below.
B.
A person, business or organization commits an offense if the person, within a
residential area:
1.
erects or maintains a flagpole within 10 feet of any rear or side
property line; or
FLAGS IN RESIDENTIAL ZONES 11.12.03ADOC
D.
E.
2.
displays a torn or severely weathered primary flag.
C.
Nothing contained in this ordinance shall restrict the authority or right of any
person, organization or association from establishing and enforcing
regulations on the erection, maintenance or use of flagpoles, the length or
design of flagpoles, the display or illumination of flags, or the size of flags,
provided that such regulation may not prohibit the display of primary flags
which are 15 square feet or less in size; provided that such regulation may
not prohibit the erection or maintenance of a flagpole of six feet or less in
length, which flagpole is anchored or secured to the wall of a residence, and
provided that such regulation may not restrict or limit when primary flags may
be flown.
The display of primary flags in commercial and industrial areas shall be
governed solely by the applicable sign regulation.
Governmental buildings are not covered by this regulation.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by
the City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
FLAGS IN RESIDENTIAL ZONES 11.12.03ADOC
SECTION 6.
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading of
this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this ordinance or its caption and penalty in the official City newspaper one time
within ten days after final passage of this ordinance, as required by Section 3.13 of the
Charter of the City of Southlake.
SECTION 7.
This ordinance shall be in full force and effect from and after its date of passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED on the 1st reading the 7+M. day of Oc..f'oJogr
2003. -§ ----=- ~.~ -
MAYOR """""",,
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ATTEST: /¿,¡...". ...;.~\
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CITY SECRETARY '\.. ./° /
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PASSED AND APPROVED on the 2nd reading the Ie ~ day of Novf.~loe;'>":"'~'~;~""""~'
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DATE:
FLAGS IN RESfDENTIAL ZO:\'ES 11.12.03.A.DOC
ADOPTED:
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EFFECTIVE: / {.. ~I ...o.a
FLAGS IN RESWE!\iIAL ZONES 11.12.03.A.DOC
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INVOICE `per£
Star-Telegram Customer ID: CIT57
400 W. 7th Street Invoice Number: 234815291
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 11/21/2003
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 11/30/2003
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 23481529
1400 MAIN ST
STE 440 Sales Rep: 073
SOUTHLAKE. TX 76092-7604 Description: CITY OF SOUTHLA
A K-, ,A 1"C`!lt TXTT0 ,,,,‘T A TIT Publication Date: 11/21/2003
D+I eripti€n!... .. 1n tioa Col: Depth.h Linage . .WILI,,.:.!•,,L,',.,.:Rate-,,-,....,:;•,::::Ainount. .
CITY OF SOUTHLAKE ORDINANCE NO I3580 1 54 54 LINE $0.81 $43.74
CITY OF
SOUTHLAKE
ORDINANCE NO.
AN O8RDINANCE Net Amount: $43.74
PROVIDING REGU-
LATIONS ON THE
USE, LOCATION
AND DISPLAY OF
PRIMARY FLAGS;
PROVIDING A PEN-
ALTY OF FINE NOT
TO EXCEED THE
SUM OF $500 FOR
EACH OFFENSE;
PROVIDING A SEV-
ERABILITY CLAUSE; R
PROVIDING
G A SAV- EE/l/VjU
INGS CLAUSE_; 0 (�n
PROVIDING FOR
U
PUBLICATION IN
THE OFFICIAL
NEWSPAPER; AND
PROVIDING AN EF-
FECTIVE DATE. ATI D
SECTION 5. C
Any person, firm or
corporation who vio-
lates,disobeys,omits,
neglects or refuses to OFFICE
comply with or who E QF C'�
resists the enforce-
THE STA' ment of an of the SECRET
provisions o�this or- ARY
County of dinance shall be fined
not more than Five
i Hundred Dollars
($500.00) for each
Before m offense.Each day that for said County and State,this day personally appeared Christy Holland, Bid and Legal Coordinator
a violation is permitted
for the S to exist shall consti- the Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who,after being duly sworn,did depose and say
that the at f nse. separate of- ertisement was published\OR ON HE INTERNET in the above named paper on the listed dates: BIDS&LEGAL
DEPT. Si PROVED THIS THE
(B 1 7) 3 VEM BAY 200O-
DURING THE REG
dC4
ULAR CITY COUN-
CIL MEETING. Signed
MAYOR: Andy g
Wambsganss
ATTEST: Lori Farwell,
SUBSCRII city Secretary BEFORE ME, THIS Tuesday, November 2e003. • ) Y
/'/ r Ld(X7, )
Notary Public A A _al--A-
[1e7"-*"\ VICKI L.WASON
415A" .IMY COMMISSION EXPIRESThank You For Your Payment •11%.14} AUGUST 28,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 234815291
Invoice Amount: $43.74
PO Number:
Amount Enclosed: 3 I
INVOICE
Star—Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 232984541
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 10/5/03
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 10/31/03
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 23298454
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 10/5/03
Desc 4 YM^ W,A`' .. o a o . ,,.,,0, .ept Linage. 1 U Rate; ' ` " 4-
CITY OF SOUTHLAKE Notice is he 13580 1 67 67 LINE $7.48 $501.48
CITY OF 'SOUTH-
LAW
Sales Discount by me c '' i of ($411.70)
the City OT '••�_ ke.
Texas, •lic
ona'toe will . Id
at 6:00• -• :.im-
media'y
the Net Amount: $89.78
dutryin• i•.A
_` ar
to be ` � 1t9y
Council ` ', of
Town Hall, Si Main
Street, Southlake,
Texas.Purpose of the
public hearingis to i,
onsider the .- �JII �/1
reading of the 5 1 \II
lowing ordinan ' 1 I
ORDINANCE Nb i
AN ORDINANCE ��ICIv I �t I�
PROVIDING REGU-
LATIONS l
ON THE
USE, LOCATION
AND DISPLAY OF
PRIMARY FLAGS IN
RESIDENTIALAI AR- OFFICE OF CI CRETA
AR-
EAS, PROVIDING A CITY S
PENALTY OF FINE RY
NOT TO EXCEED
• THE SUM OF $500
THE STATE 0 rest EPROVIDING
County of Tarr. A VERABILITY
CLAU8 - PROVID-
IN A' SAVINGS
C USE- PR VID-
Before me,a N IN FOfl PUBLICA-;aid County and State, this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
TI IN THE RI:
the Star-Tel. CIAL NEWSPAPER-.Star-Telegram, Inc.at Fort Worth, in Tarrant County, Texas;and who, after being duly sworn, did depose and say
PVIDING I
that the attache EPPEriOVE ATE.AN sement was published in the above named paper/internet on the listed dates: BIDS 8t LEGALS DEPT. STAR
TELEGRAM Any person, firm or
corporation who vlo-
(817) 390 71! isles,disobeys,omits,
o
neglects or refuses to
comply with or who a-Q3,--C-(-A
resists the enforce- Signed
ment of any of the g
provisions of this or,
dinance shall be fined
SUBSCRIBED P not more than nvii RE ME, THIS Friday, Octo er 7, 003. -
Hundred Dolan!
($500.001 for each
offense.Each day trialV cZ161/ 1/CC1(
a violation is permitted, NotaryPublic
to exist shall consti
tute a separate of-
fense.
City of Southlake
Lon Farwell CHRISTY L.HOLLAND
Thank You r utS I ro u ay
iiient -
3� ' i MY COMMISSION EXPIRES
P i MC4 51,,2004
IMONIMIMPOMPOWOM
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 232984541
Invoice Amount: $89.78
PO Number:
Amount Enclosed: t$ i