New York Consolidated Laws, Executive Law - EXC § 403. Rules;  manner of display

The following rules and customs shall be deemed the proper manner to display the flag:

1. The flag shall be displayed only from sunrise to sunset on buildings and on stationary flagstaffs in the open.  However, the flag may be displayed at night upon special occasions when it is desired to produce a patriotic effect.

2. The flag shall be displayed daily, weather permitting, on or near the main administration building of every public institution, whenever such institution is open to the public.  The flag shall also be displayed, weather permitting, on the following days in each year:  the first day of January, known as New Year's day;  the third Monday of January, known as Dr. Martin Luther King, Jr. day;  the twelfth day of February, known as Lincoln's birthday;  the third Monday in February, known as Washington's birthday;  the last Monday in May, known as Memorial day;  the second Sunday of June, known as Flag day;  the fourth day of July, known as Independence day;  the first Monday in September, known as Labor day;  the third Friday in September, known as National POW/MIA Recognition day, except if such date of commemoration cannot be observed due to a religious holiday, such observances shall then be conducted on the second Friday in September;  September eleventh, known as September 11th Remembrance Day;  the second Monday in October, known as Columbus day;  the eleventh day of November, known as Veterans day;  the fourth Thursday in November, known as Thanksgiving day;  the seventh day of December, known as Pearl Harbor day;  and the twenty-fifth day of December, known as Christmas day, and if any of such days except Flag day is Sunday, the next day thereafter;  each general election day, and each day appointed by the President of the United States or by the Governor of this state as a day of general thanksgiving or for displaying the flag.

3. The flag shall not be displayed on days when the weather is inclement.

4. The flag shall be displayed in or near every polling place on election days.

5. The flag shall be displayed daily during school days in, on or near every schoolhouse.

6. The flag shall be hoisted briskly and lowered ceremoniously.

7. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States provided, that nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

8. When a number of flags of states or localities or pennants of societies are grouped and displayed from staffs, the flag of the United States of America shall be at the center and at the highest point of the group.

9. When flags of states, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter shall always be at the peak.  When the flags are flown from adjacent staffs, the flag of the United States shall be hoisted first and lowered last.  No such flag or pennant shall be placed above the flag of the United States or to the right of the flag of the United States.

10. When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag shall be placed at the peak of the staff unless the flag is at half-staff.  When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag shall be hoisted out, union first, from the building.

11. When the flag is displayed otherwise than by being flown from a staff, it shall be displayed flat, whether indoors or out, or so suspended that its folds fall as free as though the flag were staffed.

12. When the flag is displayed over the middle of the street, it shall be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

13. The flag, when flown at half-staff, shall be first hoisted to the peak for an instant and then lowered to the half-staff position.  The flag shall be again raised to the peak before it is lowered for the day.  By “half-staff” is meant lowering the flag to one-half the distance between the top and bottom of the staff.  Crepe streamers shall not be affixed to spear heads or flagstaffs except by order of the President of the United States or the Governor of this state.

14. No disrespect shall be shown to the flag of the United States of America, nor shall the flag be dipped to any person or thing.

15. The flag shall not be displayed with the union down except as a signal of dire and immediate distress.

16. The flag shall always be carried aloft and free, not flat or horizontally.

17. The flag shall not be fastened, displayed, used, or stored in such a manner as will permit it to be easily torn, soiled, or damaged in any way.

18. No one shall place upon the flag, or on any part of it, or attach to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

19. The flag, when it is in such condition that it is no longer a fitting emblem for display shall be destroyed in a dignified way by burning.

20. The flag shall not be used as a ceiling covering or drapery of any sort whatsoever, nor festooned, drawn back, nor up, in folds.  The flag shall always be allowed to fall free without touching any surface or object beneath or below it.

21. The flag shall be flown at full staff at all times except it shall be flown at half-staff on the eleventh of September, known as September 11th Remembrance Day, the seventh day of December, known as Pearl Harbor Day, and to commemorate the death of a personage of national or state standing or of a local serviceman, official or public servant who, in the opinion of the local agency concerned, contributed to the community.  It may also be flown at half-staff during special periods of mourning designated by the President of the United States or the Governor of this state.


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