[Second Reprint]

 

ASSEMBLY, No. 3269

 

STATE OF NEW JERSEY

 

210th LEGISLATURE

 

INTRODUCED FEBRUARY 3, 2003

 

 

 

Sponsored by:

Assemblyman UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

Assemblyman JOSEPH V. EGAN

District 17 (Middlesex and Somerset)

Assemblyman NEIL M. COHEN

District 20 (Union)

Assemblyman JEFF VAN DREW

District 1 (Cape May, Atlantic and Cumberland)

 

Co-Sponsored by:

Assemblymen Burzichelli, Conaway, Conners, Assemblywoman Cruz-Perez, Assemblymen Diegnan, Eagler, Assemblywoman Greenstein, Assemblymen Gregg, Guear, R.Smith and S.Kean

 

 

 

 

SYNOPSIS

    Prohibits municipal ordinances and homeowners' association rules from limiting the display of American flag.

 

CURRENT VERSION OF TEXT

    As amended by the General Assembly on May 15, 2003.

 

(Sponsorship Updated As Of: 6/13/2003)


An Act concerning 1ordinances 2, resolutions2 and homeowners' association rules regulating the1 public display of the American flag 2or other patriotic displays2 and 2[1other matters,1]2 supplementing Title 40 of the Revised Statutes and P.L.1993, c.30 (C.45:22A-43 et seq.).

 

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1. a. The governing body of a municipality shall not adopt or enforce any ordinance or resolution, as appropriate, limiting or prohibiting the display of the flag of the United States of America 2or any other patriotic display2, nor shall any bond or permit fee be required of a person or organization for displaying the flag 2or any other patriotic display2, except as provided for in subsection b. of this section.

      b. A municipality may direct removal of an American flag 2[where the flag] or any other patriotic display when it2 is 2[displayed] exhibited2 in a manner that threatens public safety 2, restricts necessary maintenance activities, interferes with the property rights of another,2 or the flag is displayed in a manner inconsistent with the rules and customs deemed the proper manner to display the flag, such as the federal Flag Code, 4 U.S.C. §§1 et seq., or any other applicable law or guideline.

      c. Any ordinance or resolution adopted by the governing body of a municipality in violation of subsection a. of this section shall be null and void.

 

      2. 2a.2 A homeowners' association formed to manage the elements of property owned in common by all members of a community, whether it be an association managing a condominium, a private community, including retirement communities, or a cooperative housing development, shall not adopt 2or enforce2 a rule or bylaw 2[which, if such rule or bylaw were to be adopted by a municipality, would violate State law] limiting or prohibiting the display of the flag of the United States of America or any other patriotic display, or charge a fee for any such display, except as provided in subsection b. of this section2. Any such rule or bylaw adopted by a homeowners' association in violation of this section shall be null and void.

      2b. A homeowners' association may direct removal of an American flag or other patriotic display when the display threatens public safety, restricts necessary maintenance activities, interferes with the property rights of another, or is conducted in a manner inconsistent with the rules and customs deemed the proper manner to display the flag, such as the federal Flag Code, 4 U.S.C. §§1 et seq., or any other applicable law or guideline.2

 

      3. This act shall take effect immediately.