§ 403 — Rules; manner of display

New York § 403

• Jurisdiction: New York
• Law EXC: Executive
• Art. 19: Display and Use of the Flag of the United States of America In Parks and On Public Buildings

Text

§ 403. Rules; manner of display. The following rules and customs shall\nbe deemed the proper manner to display the flag:\n 1. The flag shall be displayed only from sunrise to sunset on\nbuildings and on stationary flagstaffs in the open. However, the flag\nmay be displayed at night upon special occasions when it is desired to\nproduce a patriotic effect.\n 2. The flag shall be displayed daily, weather permitting, on or near\nthe main administration building of every public institution, whenever\nsuch institution is open to the public. The flag shall also be\ndisplayed, weather permitting, on the following days in each year: the\nfirst day of January, known as New Year's day; the third Monday of\nJanuary, known as Dr. Martin Luther King, Jr. day; the twelfth day of\nFebruary, known as Lincoln's birthday; the third Monday in February,\nknown as Washington's birthday; the last Monday in May, known as\nMemorial day; the second Sunday of June, known as Flag day; the fourth\nday of July, known as Independence day; the first Monday in September,\nknown as Labor day; the third Friday in September, known as National\nPOW/MIA Recognition day, except if such date of commemoration cannot be\nobserved due to a religious holiday, such observances shall then be\nconducted on the second Friday in September; September eleventh, known\nas September 11th Remembrance Day; the second Monday in October, known\nas Columbus day; the eleventh day of November, known as Veterans day;\nthe fourth Thursday in November, known as Thanksgiving day; the seventh\nday of December, known as Pearl Harbor day; and the twenty-fifth day of\nDecember, known as Christmas day, and if any of such days except Flag\nday is Sunday, the next day thereafter; each general election day, and\neach day appointed by the President of the United States or by the\nGovernor of this state as a day of general thanksgiving or for\ndisplaying the flag.\n 3. The flag shall not be displayed on days when the weather is\ninclement.\n 4. The flag shall be displayed in or near every polling place on\nelection days.\n 5. The flag shall be displayed daily during school days in, on or near\nevery schoolhouse.\n 6. The flag shall be hoisted briskly and lowered ceremoniously.\n 7. No person shall display the flag of the United Nations or any other\nnational or international flag equal, above, or in a position of\nsuperior prominence or honor to, or in place of, the flag of the United\nStates provided, that nothing in this section shall make unlawful the\ncontinuance of the practice heretofore followed of displaying the flag\nof the United Nations in a position of superior prominence or honor, and\nother national flags in positions of equal prominence or honor, with\nthat of the flag of the United States at the headquarters of the United\nNations.\n 8. When a number of flags of states or localities or pennants of\nsocieties are grouped and displayed from staffs, the flag of the United\nStates of America shall be at the center and at the highest point of the\ngroup.\n 9. When flags of states, cities, or localities, or pennants of\nsocieties are flown on the same halyard with the flag of the United\nStates, the latter shall always be at the peak. When the flags are flown\nfrom adjacent staffs, the flag of the United States shall be hoisted\nfirst and lowered last. No such flag or pennant shall be placed above\nthe flag of the United States or to the right of the flag of the United\nStates.\n 10. When the flag of the United States is displayed from a staff\nprojecting horizontally or at an angle from the window sill, balcony, or\nfront of a building, the union of the flag shall be placed at the peak\nof the staff unless the flag is at half-staff. When the flag is\nsuspended over a sidewalk from a rope extending from a house to a pole\nat the edge of the sidewalk, the flag shall be hoisted out, union first,\nfrom the building.\n 11. When the flag is displayed otherwise than by being flown from a\nstaff, it shall be displayed flat, whether indoors or out, or so\nsuspended that its folds fall as free as though the flag were staffed.\n 12. When the flag is displayed over the middle of the street, it shall\nbe suspended vertically with the union to the north in an east and west\nstreet or to the east in a north and south street.\n 13. The flag, when flown at half-staff, shall be first hoisted to the\npeak for an instant and then lowered to the half-staff position. The\nflag shall be again raised to the peak before it is lowered for the day.\nBy "half-staff" is meant lowering the flag to one-half the distance\nbetween the top and bottom of the staff. Crepe streamers shall not be\naffixed to spear heads or flagstaffs except by order of the President of\nthe United States or the Governor of this state.\n 14. No disrespect shall be shown to the flag of the United States of\nAmerica, nor shall the flag be dipped to any person or thing.\n 15. The flag shall not be displayed with the union down except as a\nsignal of dire and immediate distress.\n 16. The flag shall always be carried aloft and free, not flat or\nhorizontally.\n 17. The flag shall not be fastened, displayed, used, or stored in such\na manner as will permit it to be easily torn, soiled, or damaged in any\nway.\n 18. No one shall place upon the flag, or on any part of it, or attach\nto it any mark, insignia, letter, word, figure, design, picture, or\ndrawing of any nature.\n 19. The flag, when it is in such condition that it is no longer a\nfitting emblem for display shall be destroyed in a dignified way by\nburning.\n 20. The flag shall not be used as a ceiling covering or drapery of any\nsort whatsoever, nor festooned, drawn back, nor up, in folds. The flag\nshall always be allowed to fall free without touching any surface or\nobject beneath or below it.\n 21. The flag shall be flown at full staff at all times except it shall\nbe flown at half-staff on the eleventh of September, known as September\n11th Remembrance Day, the seventh day of December, known as Pearl Harbor\nDay, and to commemorate the death of a personage of national or state\nstanding or of a local serviceman, official or public servant who, in\nthe opinion of the local agency concerned, contributed to the community.\nIt may also be flown at half-staff during special periods of mourning\ndesignated by the President of the United States or the Governor of this\nstate.\n