[HISTORY: Adopted by the Town Board of the Town of Fishkill 11-15-2000 by L.L. No. 9-2000. Amendments noted where applicable.]
The Town of Fishkill maintains a device of arms, depicted below, which bears the name of the Town, and the inscription: "One of the Nine Original Towns in Dutchess County" on the violet-blue outer rim of the circular device and an interior circular image of a Revolutionary War soldier standing in front of the Whipping Tree in a green field against a sky blue sky with the date "1788" emblazoned across the lower center.
Editor's Note: A replica of the Town device of arms may be viewed in the Town offices.
The Town of Fishkill maintains a Town flag (depicted below) which is hereby declared to be composed of two right triangles divided diagonally from lower left to upper right. The upper left triangle is a field of white charged with the arms of the Town, as described above, and the lower right triangle is a field of navy blue.
Editor's Note: A replica of the Town flag may be viewed in the Town offices.
Any person who commits or causes the commission of any of the following acts shall be guilty of a violation subject to the penalties set forth in § 2-4 of this chapter:
Placement, in any manner, for exhibition or display, of any word, figure, mark, picture, design, drawing, or any advertisement, of any nature upon any flag of the Town of Fishkill, or the exposure to public view of any such flag which shall have been printed, painted or otherwise placed, or to which shall be attached, appended, affixed or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature.
Exposure to public view, manufacture, sale, exposure for sale, giving away, or possession for sale or giving away, or use for any purpose, of any article, being an article of merchandise, or a receptacle of merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed, a representation of any such flag to advertise, call attention to, decorate, mark, or distinguish, the article or substance on which so placed.
Printing, engraving or otherwise placing on any blank check, bill head, letter head, envelope or other business stationery a representation of any such flag, or use of any such blank check, bill head, letter head, envelope or other stationery for business purposes or correspondence.
Public mutilation, defacement, defilement or casting contempt upon any such flag, either by words or act.
Raffling or pawning any such flag.
Public use of any such flag as a receptacle for the placing, depositing or collecting of money or any other article or thing.
A violation of this chapter by any natural person is hereby declared to be an offense, punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days.
A violation of this chapter by any corporation is hereby declared to be an offense, punishable by a fine not exceeding $500.
Each day's continuing violation shall be a separately punishable offense.
In case of any continuing violation of this chapter, the Town Board or any Town officer designated by the Town Board, in addition to other remedies, may institute an appropriate action or proceeding in a court of competent jurisdiction to enjoin, prevent, restrain, correct or abate such unlawful violation of this chapter. The defendant(s) shall be responsible for the reasonable and necessary attorney's fees expended by the Town in prosecuting such action.
The word "flag," as used in this chapter, shall include any flag, standard, color shield or ensign, or any picture or representation of such flag, made of any substance, or represented on any substance, and of any size, evidently purporting to be the flag of the Town of Fishkill or a picture or a representation thereof by which the person seeing the same, without deliberation, may believe the same to represent the flag of the Town of Fishkill.
This chapter shall not apply to, nor shall it be construed to apply to, a certificate, diploma, warrant, or commission of appointment to office, ornamental picture, article of jewelry, stationery for use in private correspondence, or newspaper or periodical, on any of which shall be printed, painted or placed said flag disconnected and apart from any advertisement.