Item 7AORDINANCE NO. 858
AN ORDINANCE PROVIDING REGULATIONS ON THE USE, LOCATION
AND DISPLAY OF PRIMARY FLAGS IN RESIDENTIAL AREAS;
PROVIDING A PENALTY OF 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 of free 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 material, usually rectangular in shape, of distinctive
color and design, used as a symbol, a standard or signal to attract attention.
Decorative flag. Any flag that is not a primary flag such as a flag indicating weather
conditions and a flag which is an emblem of a business firm and enterprise, religious,
charitable, public and nonprofit organization.
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 a person
from displaying a primary flag at one's own residence within the following limitations:
1. A resident may display a primary flag with a maximum square footage ofup to
35 square feet.
2. A resident may display a primary flag up to a maximum height of 25 feet
above grade.
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3. A resident has the right to display one primary flag of the United States of
America AND one primary flag of the State of Texas.
4. A free standing flagpole shall not be located closer than ten (10) feet to any
property line or within any easement.
B. A person commits an offense if the person displays a torn or severely weathered flag.
C. A Home Owners Association organized and existing pursuant to the laws of the State
of Texas shall have the right to establish and enforce limitations on the use of
flagpoles, the height, length or design of flagpoles, the lighting or illumination of flags
and may establish a more restrictive size requirement on flags providing that such
requirements do not establish a standard below a maximum square footage of 20
square foot or a maximum height of eight feet.
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.
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
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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 Is reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2 " reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
L, MEETINGS`, CITY" COUNCIL ,aRCHIVES 2003`,11- 04- 03`CITY M-ANAGER'S OFFICE`, ORDINANCE 858.DOC