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Home My WebLink About06/07/2022 12. Ordinance repealing Yakima Municipal Code Title 1.13 relating to Flag Display; In the alternative, Ordinance amending City of Yakima Municipal Code Section 1.13.020 relating to Flag Display Policies 1 `/ IA : ;f 14c ,,m;1,4'1 ‘`Vl 4 , ,' $ i ll'ORPp1 $ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12. For Meeting of: June 7, 2022 ITEM TITLE: Ordinance repealing Yakima Municipal Code Title 1.13 relating to Flag Display; In the alternative, Ordinance amending City of Yakima Municipal Code Section 1.13.020 relating to Flag Display Policies SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: At its May 10, 2022 Study Session, Council passed a motion to rescind Ordinance 2020-019, which codified Yakima Municipal Code Title 1.13 relating to Flag Display Policies on City of Yakima flag poles. Presented to Council are two ordinances: one that repeals Title 1.13 in its entirety, and a second that amends the ordinance to eliminate the process for allowing the display of guest flags on City poles, and specifying that City flag poles are not public forums. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass amended ordinance ATTACHMENTS: Description Upload Date Type D Ord-Flag Display Repeal-track changes 5/26/2022 Ordinance D Ord-Flag Display Repeal-changes accepted 5/26/2022 Ordinance D Ord-Flag Display Amend-track changes 5/26/2022 Ordinance D Ord-Flag Display Amend-changes accepted 5/26/2022 Ordinance 2 ORDINANCE NO. 2022- AN ORDINANCE rescinding City of Yakima Ordinance 2020-019 and repealing Municipal Code Chapter 1.13 relating to Flag Display. WHEREAS, City of Yakima Ordinance 2020-019 codified Chapter 1.13 of the Yakima Municipal Code; and WHEREAS, the Yakima City Council at its May 10, 2022 Study Session passed a motion to rescind Ordinance 2020-019; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.13 of the City of Yakima Municipal Code relating to flag display is hereby repealed in its entirety: 1.13.010 Definitions. A. "Banner" moans a display similar in shape and size of a flag representative of an entity or organization other than a governmental jurisdiction. B. "Flag" means the U.S. flag, the Washington State flag, the POW/MIA flag, and tho C. "Half Staff" means the position of the flag when it is one half the distance between the top and bottom of the staff. D. "Mayoral Proclamation" means a formal written declaration issued by the Mayor of the City of Yakima. 1.13.020 Policies. the State of Washington, the POW/MIA recognition, and flags of other governmental entities and ensure a standard for flag display on City property. B. The City of Yakima shall comply with national and state protocols for flag display and etiquette, as specified in '1 U.S.C. Ch. 1, Sections 6 through 8, as they presently read or as they may be amended. C. The City of Yakima shall follow the provisions governing the display of flags as required in RCW 1.20.017. D. In addition to the above referenced flags, other flags or banners may be displayed on flags and banners may only be displayed upon the issuance of a federal or state proclamation or resolution or a mayoral proclamation. Examples include Sister City flags, Heritage Month flags (e.g., African American History, Asian/Pacific American 3 History, National Hispanic Heritage, National American Indian/Alaska Native Heritage, etc.), flags received in recognition of awards, flags received from visiting groups, or flags designating an event or an accomplishment. All flags and banners will bo displayed with the Mayor's authorization as prescribed by the applicable proclamation or rosolution. 1.13.030 Half staff. A. Flags shall be flown at half staff when prescribed by the President of the United States for day f nn nal mourninn by f_`oy or of ki-1:. tate oof Ylashingt npyL mayoral proclamation On Memorial Day, the flags are flown at half staff until 12:00 •noon anal raisod to the poak for the remainder of the day i B. No other authority to raise or lower flags to half staff is granted. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of June, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 4 ORDINANCE NO. 2022- AN ORDINANCE rescinding City of Yakima Ordinance 2020-019 and repealing Municipal Code Chapter 1.13 relating to Flag Display. WHEREAS, City of Yakima Ordinance 2020-019 codified Chapter 1.13 of the Yakima Municipal Code; and WHEREAS, the Yakima City Council at its May 10, 2022 Study Session passed a motion to rescind Ordinance 2020-019; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 1.13 of the City of Yakima Municipal Code relating to flag display is hereby repealed in its entirety. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7'h day of June, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 5 ORDINANCE NO. 2022- AN ORDINANCE amending City of Yakima Municipal Code Section 1.13.020 relating to Flag Display policies. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.13.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 1.13.020 Flag Display Policies. A. It is the policy of the City of Yakima to correctly honor the flags of the United States, the State of Washington, the POW/MIA recognition, and flags of other governmental entities,and to ensure a standard for flag display on City property. B. The City of Yakima shall comply with national and state protocols for flag display and etiquette, as specified in 4 U.S.C. Ch. 1, Sections 6 through 8, as they presently read or as they may be amended. C. The City of Yakima shall follow the provisions governing the display of flags as required in RCW 1.20.017. a-The City's flagpoles are not intended to serve as a forum for free expression by the public. Only flags specified in Section 1.13.020(A) shall be flown from City flagpoles.l- addition to the above referenced flags, other flags or banners may be displayed on a permanent or temporary basis outside or inside of City of Yakima buildings. Other flags and banners may only be displayed upon the issuance of a federal or state proclamation or resolution or a mayoral proclamation. Examples include Sister City flags, Heritage Month flags (e.g., African American History, Asian/Pacific American , displayed with the Mayor's authorization as prescribed by the applicable proclamation or resolution. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of June, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk 1 6 Publication Date: Effective Date: 2 7 ORDINANCE NO. 2022- AN ORDINANCE amending City of Yakima Municipal Code Section 1.13.020 relating to Flag Display policies. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1.13.020 of the City of Yakima Municipal Code is hereby amended to read as follows: 1.13.020 Flag Display Policies. A. It is the policy of the City of Yakima to correctly honor the flags of the United States, the State of Washington, the POW/MIA recognition, and flags of other governmental entities, and to ensure a standard for flag display on City property. B. The City of Yakima shall comply with national and state protocols for flag display and etiquette, as specified in 4 U.S.C. Ch. 1, Sections 6 through 8, as they presently read or as they may be amended. C. The City of Yakima shall followthe provisions governing the display of flags as required in RCW 1.20.017. The City's flagpoles are not intended to serve as a forum for free expression by the public. Only flags specified in Section 1.13.020(A) shall be flown from City flagpoles. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7'h day of June, 2022. ATTEST: Janice Deccio, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: