Milpitas Municipal Code Ch. 600 Display of Flags

"City Hall Display Flag Poles" shall mean those three flag poles situated at the northeast corner of the intersection of Calaveras Boulevard and Milpitas Boulevard in front of City Hall. "City Hall Display Flag Poles" shall also refer to those four flag poles located to the rear of City Hall and adjacent to the pond, those three flag poles located between the Senior Center and the Community Center buildings at Cesar Chavez Plaza, and the three flag poles located at the front entrance to the Senior Center. The City Hall Display Flag Poles are not intended to serve as a forum for free expression by the public, but rather for the display of the Flags of the United States, State of California and City of Milpitas, the "National POW-MIA flag, Sister or Friendship City Flags, and any Commemorative Flags as may be authorized by the City Council as an expression of the City's official sentiments.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

"Ceremonial Flag Poles" shall mean those two City-owned flag poles situated at the City-owned Higuera Adobe which the City has designated to be used by members of the community to conduct flag raising ceremonies. The Ceremonial Flag Poles are not intended to serve as a forum for free expression by the public, but rather for the display of the Flags of the United States, State of California and City of Milpitas and any Commemorative Flags as may be authorized by the City Council as an expression of the City's official sentiments.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

"Commemorative Flag" shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag. Commemorative Flags shall be displayed at City facilities identified herein only upon City Council direction, consistent with the City's vision, mission, and guiding principles, incorporating themes of diversity, equity, social justice, and inclusion.

(Ord. No. 260.2, § 2, 8/1/17)

City Hall Display Flag Poles shall at all times be used exclusively by the City of Milpitas as follows:

(1) Those three flag poles located at the front of City Hall shall at all times be used exclusively by the City for the purpose of the display of the flags of the United States of America, the State of California, and the City of Milpitas in accordance with all applicable federal and state regulations.

(2) Those four (4) flag poles located at the rear of City Hall adjacent to the pond shall at all times be used to display the flags of the United States of America, the State of California, the National POW/MIA flag and the City of Milpitas in accordance with all applicable federal and state regulations except the flags of Sister or Friendship Cities or Commemorative Flags may be displayed at this location as set forth in Section 2.30 below.

(3) Those three flag poles located at the Cesar Chavez Plaza shall at all times be used to display the flags of the United States of America, the State of California, and the City of Milpitas in accordance with all applicable federal and state regulations, except the flags of Sister or Friendship Cities or Commemorative Flags may be displayed at this location as set forth in Section 2.30 below.

(4) Those three flag poles located at the front entrance to the Senior Center shall at all times be used exclusively by the City for the purpose of the display of the flags of the United States of America, the State of California and the City of Milpitas in accordance with all applicable federal and state regulations.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

Except as allowed in Section 2.30, the ceremonial display of flags other than the flags of the United States of America, State of California, National POW/MIA and City of Milpitas, on City Hall Display Flag Poles or within the Civic Center Complex and City of Milpitas Community Center is not permitted.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

(1) The flag of the country and that of a city officially recognized by the City Council as a Sister City or Friendship City may be displayed in lieu of the MIA/POW flag and the flag of the State of California on two of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond during the time of the Sister City or Friendship City delegation's visit to the City of Milpitas.

(2) The flag of the county and that of a city officially recognized by the City Council as a Sister City or Friendship City may be displayed in lieu of the flag of the State of California and of the City of Milpitas on two of the three flag poles located at Cesar Chavez Plaza during the time of the Sister City or Friendship City delegation's visit to the City of Milpitas.

(3) The City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City's official sentiments by any of the following means:

(i) Display in lieu of the MIA/POW flag on one of the four City Hall Display Flag Poles located at the rear of City Hall adjacent to the pond,

(ii) Display hi lieu of the flag of the State of California on one of the three flag poles located at Cesar Chavez Plaza, or

(iii) Display through ground level ceremonies at any of the following locations at the Civic Center complex or the City of Milpitas Community Center:

(1) City Hall Rotunda;

(2) Area adjacent to pond at City Hall;

(3) Cesar Chavez Plaza;

(4) City Council Chambers.

Commemorative Flags displayed at ground level ceremonies shall only be permitted on a flagstaff, flag stand or similar device which does not cause the flag height to exceed ten feet. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

Editor's note— Ord. No. 260.2, § 2, adopted August 1, 2017, amended the Code by repealing former I-600-2.40, which pertained to City approval, and derived from Ord. 260, adopted June 3, 2003; and Ord. No. 260.1, adopted January 17, 2012.

The City's Ceremonial Flag Poles consist of two flag poles owned by the City of Milpitas and located at the Higuera Adobe in the City of Milpitas.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

The City's Ceremonial Flag Poles shall remain unused at all times other than during City Council-approved flag raising ceremonies. The Ceremonial Flag Poles shall be used only to conduct flag raising ceremonies in accordance with the provisions of this Chapter.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

Flag raising ceremonies shall be conducted in accordance with all applicable provisions of federal and state laws, including provisions of the United States Code and California Government Code relating to the proper display of flags. During an approved flag raising ceremony, one (1) pole shall at all times be used to raise and display the flag of the United States of America. The other flag pole shall be used to raise and display a Commemorative Flag. The flag of the United States of America displayed during a flag raising ceremony shall be equal to or larger in size and dimension than the Commemorative flag.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

The City Council may, by resolution, direct City staff to display the flag of the United States of America and any Commemorative Flag on the City's Ceremonial Flag Poles as an expression of the City's official sentiments, for those dates and times and on those terms and conditions as set forth in the resolution. Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than 30 continuous days.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12; Ord. 260 (part), 6/3/03)

Editor's note— Ord. No. 260.2, adopted August 1, 2017, amended the Code by repealing former I-600-3.50, which pertained to limitation on use, and derived from Ord. 260, adopted June 3, 2003; and Ord. No. 260.1, adopted January 17, 2012.

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the- remainder.

(Ord. No. 260.2, § 2, 8/1/17; Ord. No. 260.1, § 2, 1/17/12)