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CIry e�' <br /> Pequot <br /> Lakes�=- <br /> NEW BUSINESS—FLAG ILLUMINATION,DISCUSSION <br /> Agenda Item: 6 (a) <br /> Background Information: The City has purchased 2 downward directional <br /> solar lights to illuminate the American Flag in the flag display along Main Street. <br /> Both are too dim and ineffective and are impractical to maintain. <br /> In July, Staff contacted the City Attorney and asked if the City could allow <br /> upward lighting of the American Flag in zones that require downward directional <br /> lighting. His response was: "The short answer to your question is the City may <br /> not impose any regulations that treat the American flag differently than any <br /> other sign or flag, as that would be a content based regulation and would be <br /> subject to strict scrutiny by the courts (meaning it would almost certainly be <br /> struck down if challenged)." <br /> A FAQ sheet provided by The American Legion states: <br /> "Is it proper to fly the U.S. flag at night? <br /> The Flag Code states it is the universal custom to display the flag only from <br /> sunrise to sunset on buildings and on stationary flag staffs in the open. However, <br /> when a patriotic effect is desired, the flag may be displayed 24 hours a day if <br /> properly illuminated during the hours of darkness. The American Legion <br /> interprets "proper illumination" as a light specifically placed to illuminate the flag <br /> (preferred) or having a light source sufficient to illuminate the flag so it is <br /> recognizable as such by the casual observer." <br /> Lighting standards from the City of Bloomington are included. <br /> Applicable Regulations: <br /> Section 17-5.10 COMMERCIAL (C) <br /> E. Li tin . Lighting shall be minimal. Lighting shall be downward <br /> directional and shall be compatible with the surrounding <br /> development. Lights approved with signs must be turned off at the <br /> close of business each day. <br /> Section 17-5.12 DOWNTOWN MIXED USE (DMU) <br /> C. Li tin . All building entrances, pathways and other pedestrian areas shall <br /> be lit to two-foot candles with pedestrian-scale lighting including <br /> wall mounted, sidewalk lamps,bollards, or landscape up-lighting. <br /> Section 17-5.13 LIGHT INDUSTRIAL (LIl <br /> C. Li tin . Lighting shall be minimal. Lighting shall be downward <br /> directional and shall be compatible with the surrounding <br /> Pequot Lakes Staff Report 6(a)-i <br /> November 2i,2oi9 <br />