[HISTORY: Adopted by the Township Committee of the Township of Lumberton 8-1-1988 as Ord. No. 1988-19. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- FLAG or AMERICAN FLAG
- Refers to the flag of the United States of America, as designated and authorized by Congress.
When to display the American flag and how to fly it shall be governed by the Code of Etiquette for the Display and Use of the United States Flag, as set forth in P.L. 94-344, July 7, 1976, and its amendments and supplements, which is hereby incorporated by reference.
The flag shall not be dipped to any person or thing and should never be displayed with the union down, save as a distress signal, and shall never be carried flat or horizontally but always aloft and free.
The flag shall not be displayed on a float, motorcar or boat except from a staff.
The flag shall never be used as a covering for a ceiling, nor have placed upon it any word, design or drawing. It shall never be used as a receptacle for carrying anything and shall not be used to cover a statue or monument.
The flag shall never be used for advertising purposes, nor be embroidered on such articles as cushions or handkerchiefs, printed or otherwise impressed on boxes or used as a costume or athletic uniform, and advertising signs shall not be fastened to its staff or halyard.
The flag shall never be used as drapery of any sort and never festooned, drawn back nor up in folds, but always allowed to fall free. Only one American flag shall be displayed at one time at a business or residence and not displayed in a row or series along a roadway or property line.
Although a citizen may fly the flag at any time he or she wishes, the American flag may be displayed only from sunrise to sunset on buildings and on stationary flagstaffs in the open; provided, however, that it may be displayed at night but should be lighted and, if flown outside, should be constructed of suitable all-weather material.
The American flag shall not be publicly burned, mutilated or desecrated in any way or for any purpose. When the flag is in such a condition that it is no longer a fitting emblem for display, it may be destroyed in a dignified way, preferably by burning in private.
Maximum penalty. For violation of any provisions of this chapter, the maximum penalty, upon conviction, shall be a fine not exceeding $1,000 or imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or such combination of punishments as the Municipal Judge may, in his or her discretion, deem appropriate and just.
Separate violations. Each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation, except in those instances where state law mandates a minimum penalty to be imposed.
Minimum penalty. There shall be a minimum penalty of a fine fixed at an amount not exceeding $100.