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Commission adopts ordinance limiting flags and alterations on city property; commission debates broader proclamation-driven displays
Summary
The City Commission on June 17 adopted an ordinance that restricts new physical improvements and limits flags on city property to the U.S. flag, the Montana flag, the City of Livingston flag and the POW/MIA flag unless an exception is authorized.
On June 17 the commission adopted Ordinance No. 3060, a code amendment that creates a new article in Chapter 2 of the Livingston Municipal Code governing alterations of public property and the display of flags on city‑owned land.
The ordinance prohibits private construction, erection or permanent alteration on city property without authorization and narrows flags flown on city property to the flag of the United States, the State of Montana, the City of Livingston and the POW/MIA flag, while requiring that displays "be done in accordance with proper flag etiquette as outlined by the United States government." The code also establishes a process for organizations to apply for exceptions.
City Manager Grant Gager said the provision was drafted following a recent controversy about a privately placed flagpole and to reflect U.S. Supreme Court guidance on government property and free‑speech rules. "This was prompted by placement of a flagpole on city property by a private organization and the constitutional first amendment issues," Gager said.
Commission discussion acknowledged the ordinance is a narrow first step. Several commissioners raised the possibility of future work to create space for proclamations or other temporary displays that reflect community values. Vice Chair Newts noted proclamations are not adopted through the same process as ordinances and that adding a broader proclamations‑driven display program would require careful design. "Proclamations aren't decided upon by the commission, because we're a commission, not a mayor form of government," he noted, and urged caution before expanding any display program.
The ordinance passed on second reading after commissioners indicated the text reflected earlier direction and staff time spent researching comparable codes.
Action: Ordinance No. 3060 adopted (second reading) establishing rules for public‑property alterations and permitted flags; staff may return with later revisions to address naming, disposal and other public‑property topics.
