HomeMy WebLinkAboutORD 81-DAN ORDINANCE.
Entitled an ordinance prohibiting tha use of the flag of the
State of Texas and the flag of the United States for advertising,
purposes; prohibiting the sale or exposing for sale of any article
or commodity,of commerce bearing any imitation or design, eta.,
of the Texas flag; prohibiting the Cleajacr�a ion o�„the fUn- ted -States
flag and the flag of the State of Tega`5� ov?ca'ng for pains and
penalties for the violation thereof; and declaring an emergency.
BE IT ORDAINED BY THE CITY COMMISSION
OF THE _.CITY OF BEALMONT:.
Section 1.
On and after the passage of this ordinance it shall be unlawful
for any person to use any 'imitation, label, trade -mark, design,
device, imprint or form of the flag of the State' of ':T:exas for. the
purpose of advertising,or giving publicityto gooda, wares or
merchandise, or any commercial undertaking, -or for any trade or
commercial purpose; and any person;whether in his individual
capacity or as an officer, agent or receiver of,any corporation, who
shall violate this section of this ordinance, shall upon conviction
be punished by a fine of not less than 150.00 and 'not” more than
100..00, and each.day this section is violated shall be a,separate
off'ense'--provided that none of the provisions of this ordinance shall
'apply to any fraternal or patriotic organization using the Texas flag
for an emblem.
Section 2..
On and after the passage of this ordinance it -shall be unlawful
for any person to offer or expose for sale any article or commodity
of commerce bearing the imitation, design, imprint or form of the
flag of the State of Texas, and.any person, whether in his individual
capacity. or as an officer, agent, or receiver of any corporation, who
shall violate this section of this .ordinance shall upon conviction
be punished by fine of not less than $25.00 nor more than 050.00,
and each day this section is violated shall be'a separate offense.
Section 3.
Any person who in any manner , for exhibition or display, shall,
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after this ordinance takes effect, place or cause to be placed
any word, figure, mark, picture, design, drawing or any advertise-
ment of any nature upon any flag, standard, color or ensign of
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United States of America, or State flag of this Stat or ensign,
or shall expose or cause to be exposed to public view any such flag,
standard, color or ensign, upon which, after this ordinance takes
effect, shall have been printed,.painted or otherwise placed, or
to which shall be attached, appended, affixed or annexed any word,
figure, mark, picture, design or drawing, or any advertisement of
any nature, or who shall,after this ordinance takes effect, expose
to public view, manufacture, sell, expose for sale, give away, or
have in possession for sale or to give away, or for use for any
purpose, any article or substance being an article of merchandise,
or receptacle of merchandise or article or thing for carrying or
transporting merchandise, upon which, after this ordinance takes
effect, shall have been printed, painted, attached or otherwise
placed, a representation of any such flag or flags, standard, color
or ensign, to advertise, call attention to, decorate, mark or dis
tinguish the article or substance on which so placed, or who shall
publicly mutilate, deface, defy or defile, trample upon or cast
contempt either by words or by act upon any such flag, standard,
color or ensign, shall be deemed guilty of a misdemeanor, and shall
be punished by a fine not exceeding $100,00. The words flag,
standard, color or ensign as used in this ordinance shall include
any flag, standard, color, ensign or any picture or representation
of either thereof, made of any substance or represented on any
substance, and of any size evidently purporting to be, either of,
said flag, standard, color or ensign of the United States of
America, or a picture or representation of either thereof upon which
shall be shown the colors, the stars and the stripes in any number
of either thereof, or by which the person seeing the same without
deliberation may believe the same to represent the flag, colors,
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standard or ensign of the United States of America.,�''�`�'
The possession after this ordinance takes effect, by.any person,
other than a public officer, as such, of any such flag, standard,
color or ensign, on which shall be anything made unlawful at any
time, by this section, or of any article or substance or thing on
which shall be anything made unlawful at any time by this section,
shall be presumptive evidence that the same is in violation of this
section, and was made, done or created after this ordinance takes
effect, and that such flag, standard, color, ensign or article
substance or thing, did not exist when this ordinance takes effect.
This ordinance shall not apply to any Act permitted by the
Statutes of the United States of America„ or by the United States
Army and Navy Regulations, nor.shall it be construed to apply to a
newspaper, periodical, book, pamphlet, circular, certificate, diploma,
warrant or commission of appointment to office, ornamental picture,
article of jewelry or stationery for use in correspondence, on any
of which shall be printed, painted, or placed said flag, disconnected
from any advertisement.
This ordinance shall take effect from and after its passage
and signature of the Mayor.
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Passed this the ilk day of December, A.D. 1923, by the affirma-
tive vote of all the members of the Commission.