[HISTORY: Adopted by the Suffolk County Legislature as indicated
in article histories. Amendments noted where applicable. Uncodified
sections of local laws amending these provisions are included at the
end of this chapter.]
[Adopted 9-12-1989 by L.L. No. 33-1989]
A person shall be guilty of a misdemeanor punishable by one
year in jail and/or a fine of $1,000 when he or she intentionally
destroys or intentionally mutilates a United States Flag, in a public
place, within the County of Suffolk. In any prosecution under this
section, a communication made in connection with the alleged destruction
or mutilation shall not be admissible in evidence against the accused
other than to prove intentional conduct.
This article does not prohibit any conduct consisting of the
proper disposal of a flag when it has become worn or otherwise not
suitable for display.
This article shall be null and void on the same day that statewide
legislation goes into effect, incorporating either the same or substantially
similar provisions as are contained in this article, or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Suffolk.
The County Legislature may determine, via mere resolution, whether
or not identical or substantially similar statewide legislation has
been enacted for the purposes of triggering the provisions of this
section.
