Item 7AORDINANCE NO. 858
AN ORDINANCE PROVIDING REGULATIONS ON THE USE, LOCATION
AND DISPLAY OF PRIMARY FLAGS; 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.
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 from displaying primary flags on the occupant's property, provided that the
display of such flags does not violate the provisions of Section B below.
B. A person, business or organization commits an offense if such person does any of the
following:
Displays a flag in excess of 35 square feet in size;
2. a. On commercial property, erects or maintains a flagpole that exceeds a
height of 25 feet above grade;
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b. On residential property, erects or maintains a flagpole that exceeds a
height of 20 feet above grade; or
3. Erects or maintains a flagpole within 10 feet of any property line or within any
easement or right -of -way.
4. Displays a torn or severely weathered primary flag.
D. 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 6
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.
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
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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 1s reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED on the 2nd reading the day of , 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE:
ADOPTED:
EFFECTIVE:
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