[HISTORY: Adopted by the Mayor and the Council of the Township
of Livingston as indicated in article histories.. Amendments noted
where applicable.]
[Adopted 8-8-2022 by Ord. No. 26-2022]
A. In addition
to the flag of the United States, the Township may display such additional
flags on Township-owned flagpoles on public buildings and properties
as the Township Council may authorize, by resolution, as a form of
government speech, provided the display of same shall not show religious
preference.
B. The Township's
flagpoles are not intended to serve as a forum for free expression
by the public. Rather, the Township's flagpoles are to be used exclusively
by the Township. Where the Council may display a commemorative flag
as a form of government expression, the Township will not display
a commemorative flag based on a request form a third party, nor will
the Township use its flagpoles to sponsor the expression of a third
party.
C. No person
shall display or place upon any flagpole owned by the Township of
Livingston any flag or other object not otherwise authorized as an
expression of government speech by the Township Council by way of
resolution.
D. Owing to
their very nature as expressive locations meant for contemplation
and reflection, monuments and memorials shall not be deemed locations
for flying expressive flags via resolution.
E. In addition
to the flag of the United States and such other flags as may be authorized
by resolution of the Township Council, the following flags are hereby
permitted to be displayed upon flagpoles owned by the Township of
Livingston as a form of expression of government speech, in the manner
set forth above:
(1) The
flag of the State of New Jersey.
(2) The
flag of the County of Essex.
(3) The
flag of the Township of Livingston.
(4) The
POW/MIA (Prisoner of War/Missing in Action) flag, as provided in Title
36, Chapter 9, Section 902 of the United States Code (36 U.S.C. § 902).
(5) The
KIA (Killed in Action) flag (required by P.L. 2017, c. 188).
A. All ordinances,
or parts thereof, inconsistent herewith are hereby repealed to the
extent of such inconsistency.
B. If any
section, subsection, sentence, clause or phrase of this article is,
for any reason, held to be unconstitutional or invalid, such decision
shall not affect the remaining portions of this article.
C. This article
shall take effect immediately upon final passage, approval, and publication
as required by law.