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Author Topic: Idaho Flag Law  (Read 889 times)

W1VT

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Idaho Flag Law
« on: October 17, 2020, 08:47:52 AM »


https://legislature.idaho.gov/statutesrules/idstat/title55/t55ch1/sect55-115/
(b) A homeowner’s association may adopt reasonable rules, subject to applicable laws or ordinances:
(i) That require:
1. The flag of the United States of America and the flag of the state of Idaho to be displayed in accordance with 4 U.S.C. 5 et seq.;
2. A flagpole attached to a dwelling or a freestanding flagpole to be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flagpole and harmonious to the dwelling;
3. The display of a flag, or the location and construction of the supporting flagpole, to comply with applicable zoning ordinances, easements, and setbacks of record; and
4. That a displayed flag and the flagpole on which it is flown be maintained in good condition and that any deteriorated flag or deteriorated or structurally unsafe flagpole be repaired, replaced, or removed;
(ii) That regulate the size, number, and location of flagpoles on which flags are displayed, except that the regulation may not prevent the installation or erection of at least one (1) flagpole per property that:
1. Is not more than twenty (20) feet in height and, subject to applicable zoning ordinances, easements, and setbacks of record, is located in the front yard of the property; or
2. Is attached to any portion of a residential structure owned by the property owner and not maintained by the homeowner’s association;
(iii) That govern the size of a displayed flag;
(iv) That regulate the size, location, and intensity of any lights used to illuminate a displayed flag;
(v) That impose reasonable restrictions to abate noise caused by an external halyard of a flagpole; or
(vi) That prohibit a property owner from locating a displayed flag or flagpole on property that is:
1. Owned or maintained by the homeowner’s association; or
2. Owned in common by the members of the association.
(c) A property owner who has a front yard and who otherwise complies with any permitted homeowner’s association regulation may elect to install a flagpole in accordance with paragraph (b)(ii) of this subsection.
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K6AER

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Re: Idaho Flag Law
« Reply #1 on: October 17, 2020, 10:15:09 AM »

Don't forget the 13 foot lightning rod at the tip to protect the flag from Mother Nature.

OMG. that about 1/4 wave length on 40 meters, what a coincidence.
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K1VSK

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Re: Idaho Flag Law
« Reply #2 on: October 17, 2020, 01:05:05 PM »

I wonder how long it took them to craft, discuss, review and vote to enact a state statute which says HOAs can write reasonable rules regarding a flagpole already protected by Federal statute.  Another solution in search of a problem.
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KH6AQ

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Re: Idaho Flag Law
« Reply #3 on: October 17, 2020, 05:51:17 PM »

The federal statute is H.R.42- Freedom to Display the American Flag Act of 2005.

Sec. 3

"A condominium association, cooperative association, or residential
real estate management association may not adopt or enforce any policy,
or enter into any agreement, that would restrict or prevent a member of
the association from displaying the flag of the United States on
residential property within the association with respect to which such
member has a separate ownership interest or a right to exclusive
possession or use."

Sec. 4
"Nothing in this Act shall be considered to permit any display or use
that is inconsistent with--
            (1) any provision of chapter 1 of title 4, United States
        Code, or any rule or custom pertaining to the proper display or
        use of the flag of the United States (as established pursuant to
        such chapter or any otherwise applicable provision of law); or
            (2) any reasonable restriction pertaining to the time,
        place, or manner of displaying the flag of the United States
        necessary to protect a substantial interest of the condominium
        association, cooperative association, or residential real estate
        management association."

My take on the Idaho statue is that is clarifies Sec. 4, (2) of the federal statute.
« Last Edit: October 17, 2020, 05:54:57 PM by KH6AQ »
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W4MDP

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Re: Idaho Flag Law
« Reply #4 on: October 17, 2020, 10:48:59 PM »

And every house in my HOA comes with a wall mount for a flag and very owners gets a flag when they move in.  So much for 40 meter lightning rods.
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W8LV

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Re: Idaho Flag Law
« Reply #5 on: October 18, 2020, 12:05:08 AM »

And if you wish to display ANOTHER flag,
your team, your home state? Well...So much for that "Freedom of Expression" stuff. And the Jack Booted HOA Tyranny Continues.
A LAW to give RELIEF TO AMATEUR RADIO OPERATORS? Still Sorely Needed!

73 DE W8LV BILL
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ND6M

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Re: Idaho Flag Law
« Reply #6 on: October 18, 2020, 07:17:30 AM »

.... DE W8LV BILL

YAWN,  same ole broken record.

What doers a FLAGPOLE have to do with Amateur antennas?
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W1VT

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Re: Idaho Flag Law
« Reply #7 on: October 18, 2020, 07:41:10 AM »

Many hams have connected a metal flagpole to a automatic antenna tuner.  The 20' flagpole I bought came with a plastic tube for the base that works great as an insulator.

Zak W1VT
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K1VSK

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  • Posts: 1949
Re: Idaho Flag Law
« Reply #8 on: October 18, 2020, 10:04:54 AM »

And if you wish to display ANOTHER flag,
your team, your home state? Well...So much for that "Freedom of Expression" stuff. And the Jack Booted HOA Tyranny Continues.
A LAW to give RELIEF TO AMATEUR RADIO OPERATORS? Still Sorely Needed!

73 DE W8LV BILL

This isn't complicated - hams using a flagpole as an antenna, not for display of your high school flag. Find another non-issue to complain about.
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W3WN

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Re: Idaho Flag Law
« Reply #9 on: October 19, 2020, 04:10:31 PM »

And every house in my HOA comes with a wall mount for a flag and very owners gets a flag when they move in.  So much for 40 meter lightning rods.
Where is your HOA?  Be nice know where to avoid...

Hope that question doesn’t make you shaken, or stirred (up).
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Quando Omni Flunkus Moritati.
Ban The DH!
זאל ס גיין באַקס!
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