[HISTORY: Adopted by the Council of the Township of Montclair as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-28-2025 by Ord. No. O-25-01]
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 or political preference.
The following flags are not allowed and will not be commemorative flags for purposes of this article:
A. 
Flags of a particular religious movement or creed; and
B. 
Flags of other governments or nations with the exception of a sister city of Montclair, which may be displayed in conjunction with an event involving the sister city.
All commemorative flags must be smaller in size than the American flag, the New Jersey State flag, and the POW/MIA flag that is displayed.
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 in compliance with federal and state law. 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 from a third party, nor will the Township use its flagpoles to sponsor the expression of a third party but will display flags as set forth by federal or state action.
Owing to their very nature as expressive locations meant for contemplation and reflection, monuments and memorials shall not be deemed locations for flying commemorative flags via resolution.
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 Montclair as a form of expression of government speech, in the manner set forth above:
A. 
The flag of the State of New Jersey.
B. 
The flag of the County of Essex.
C. 
The flag of the Township of Montclair.
D. 
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).
E. 
The KIA (Killed in Action) flag (required by P.L. 2017, c. 188[1]).
[1]
Editor's Note: See N.J.S.A. 52:3-14.
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All ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency.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.