[HISTORY: Adopted by the City Council of the City of Lancaster 9-13-2022 by Ord. No. 15-2022. Amendments noted where applicable.]
This chapter shall be referred to as the City of Lancaster "Flag
Ordinance."
A.
The purpose of the City of Lancaster's Flag Ordinance is to
establish and adopt guidelines relating to the display of flags on
flagpoles of the City of Lancaster located at City Hall, or any City-owned
or -maintained facilities (hereinafter "City flagpoles").
B.
In adopting this ordinance, City Council for the City of Lancaster
declares that City flagpoles are not intended to serve as a forum
for free expression by the public, but rather as a non-public forum
for display of the United States, Commonwealth of Pennsylvania and
City of Lancaster flags, as well as any ceremonial flag or commemorative
or organizational flag authorized pursuant to this ordinance as an
expression of the City of Lancaster's government speech.
As used in this chapter, the following terms shall have the
meanings indicated:
Flags of a government, recognized by the United States or
flags of an official sister city of the City of Lancaster flown in
conjunction with an event involving the sister city.
Flags that identify with a specific historical event, cause,
nation, or group of people that City Council chooses to honor or commemorate.
Commemorative or organizational flags shall not include:
Flags of a particular religious movement or creed so as to avoid
the appearance of City government endorsing religion or a particular
religious movement or creed;
Flags of a political party so as to avoid the appearance of
City government endorsing a political party;
Flags advocating a certain outcome in an election so as to avoid
the appearance of City government endorsing an electoral outcome;
Flags of a commercial organization so as to avoid the appearance
of City government endorsing any particular business; and
Flags that enable violence, discrimination, prejudice or racism
so as to avoid the appearance of City government endorsing such actions.
All flags flown on City flagpoles shall fly in accordance with
the United States Code, Title IV and other applicable law. In particular,
the American flag shall be flown only during daylight hours, unless
properly lit, shall not be flown during inclement weather, should
be flown at full mast unless otherwise indicated by this ordinance
and shall be flown on all federal and state holidays. Flags may be
flown 24 hours per day with approved night lighting that shines directly
on the flags.
A.
The City of Lancaster's American flag shall be flown at half
staff under the following conditions:
(1)
When so ordered by the federal government or President of the United
States.
(2)
When so ordered by the Governor of the Commonwealth of Pennsylvania.
(3)
When so ordered by official action of the City Council of the City
of Lancaster.
(4)
Upon the death of any active City of Lancaster municipal official.
(5)
Upon the death of any former prominent City of Lancaster municipal
official.
B.
When the American flag is flown at half staff after the death of
an individual it shall remain at half staff from the time of death
until the time of burial unless the order directing the flying of
such flag indicates otherwise.
Each commemorative or organizational flag shall be flown no
more than once a year and will be displayed for a period of time that
is reasonable or customary for duration of the event, but no more
than three business days. Only one commemorative or organizational
flag will be allowed to be displayed during any time period. Commemorative
and organizational flags must be temporarily donated for the City
of Lancaster's use and be clean, without holes and tears and
be made of an all-weather fabric. The flag must have no tears or tattered
edges and have appropriate grommets for hoisting on the City flagpoles.
Commemorative and organizational flags must be the same size or smaller
than the American flag, Commonwealth of Pennsylvania flag and City
of Lancaster flags flown on the City flagpoles. Upon Council's
directive that such a commemorative or organizational flag be flown,
the organization providing such flag must submit the flag at least
one week prior to the date upon which it is to be flown. The City
of Lancaster will not be responsible for the condition of the commemorative
or organizational flag once flown and may dispose of any such flag
not picked up within two business days after it has been flown. The
City of Lancaster will not purchase commemorative or organizational
flags.
Unless otherwise authorized or allowed pursuant to this ordinance,
no flag shall be displayed on City flagpoles.
The Mayor is hereby authorized and directed to prepare and adopt
policies for the implementation of this ordinance, including procedures
for submitting to City Council requests for authorization to fly a
commemorative or organizational flag. Such policies and procedures
will be effective upon posting of the same on the City's publicly
accessible website and may be changed from time to time at the discretion
of the Mayor.
