(a) Except as provided in subsection (b), a county legislative body shall not adopt or enforce a resolution or ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner’s property.

Terms Used In Tennessee Code 5-5-114

  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) A county legislative body may adopt and enforce a resolution or ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety.
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