§ 144-1. State flag.

The flag of North Carolina shall consist of a blue union, containing in the center thereof a white star with the letter "N" in gilt on the left and the letter "C" in gilt on the right of said star, the circle containing the same to be one third the width of said union. The fly of the flag shall consist of two equally proportioned bars, the upper bar to be red, the lower bar to be white; the length of the bars horizontally shall be equal to the perpendicular length of the union, and the total length of the flag shall be one half more than its width. Above the star in the center of the union there shall be a gilt scroll in semicircular form, containing in black letters this inscription: "May 20th 1775" and below the star there shall be a similar scroll containing in black letters the inscription: "April 12th 1776".

History

(1885, c. 291; Rev., s. 5321; C.S., s. 7535; 1991, c. 361, s. 1.)

Editor's Note. - Session Laws 2005-360, s. 2, effective October 1, 2005, and applicable to construction of ordinances adopted before, on or after that date, rewrote the heading of Chapter 144, which formerly read: "State Flag, Motto And Colors."


§ 144-2. State motto.

The words "esse quam videri" are hereby adopted as the motto of this State, and as such shall be engraved on the great seal of North Carolina and likewise at the foot of the coat of arms of the State as a part thereof. On the coat of arms, in addition to the motto, at the bottom, there shall be inscribed at the top the words, "May 20th, 1775."

History

(1893, c. 145; Rev., s. 5320; C.S., s. 7536.)

§ 144-3. Flags to be displayed on public buildings and institutions.

The board of trustees or managers of the several State institutions and public buildings shall provide a North Carolina flag, of such dimensions and material as they may deem best, and the same shall be displayed from a staff upon the top of each and every such building, at all times except during inclement weather, and upon the death of any State officer or any prominent citizen the flag shall be put at half-staff until the burial of such person has taken place.

History

(1907, c. 838, s. 2; C.S., s. 7537; 2009-570, s. 23.)

Effect of Amendments. - Session Laws 2009-570, s. 23, effective August 28, 2009, substituted "half-staff" for "half-mast" near the end of the section.

§ 144-4. Flags to be displayed at county courthouses.

The boards of county commissioners of the several counties in this State shall likewise authorize the procuring of a North Carolina flag, to be displayed either on a staff upon the top or draped behind the judge's stand, in each and every courthouse in the State, and the State flag shall be displayed at each and every term of court held, and on such other public occasions as the commissioners may deem proper.

History

(1907, c. 838, s. 3; C.S., s. 7538.)

§ 144-5. Flags to conform to law; display and handling of a flag of the United States of America or the State of North Carolina by State institutions and other political subdivisions of the State.

  1. No State flag is allowed in or over any building here mentioned unless the flag conforms to the description of the State flag contained in this Chapter.
  2. A flag of the United States of America or the State of North Carolina that is displayed by a State institution or a political subdivision of the State on the premises of a building of a State institution or a political subdivision of the State shall be handled, displayed, stored, and respectfully disposed of in accordance with the federal Flag Code, 4 U.S.C. §§ 1-10.

History

(1907, c. 838, s. 4; C.S., s. 7539; 2015-170, s. 2(a).)

Effect of Amendments. - Session Laws 2015-170, s. 2(a), effective July 23, 2015, inserted "display and handling of a flag of the United States of America or the State of North Carolina by State institutions and other political subdivisions of the State" in the section heading; made minor stylistic changes in subsection (a); and added subsection (b).

Legal Periodicals. - For article, "North Carolina's Heritage Protection Act: Cementing Confederate Monuments in North Carolina's Landscape," see 94 N.C.L. Rev. 2176 (2016).

§ 144-6. State colors.

Red and blue, of shades as adopted and appearing in the North Carolina State flag and the American flag, shall be, and hereby are, declared to be the official State colors for the State of North Carolina.

The use of such official State colors on ribbons attached to State documents with the great seal and/or seals of State departments is permissive and discretionary but not directory.

History

(1945, c. 878.)

§ 144-7. Display of official governmental flags; public restrictions.

  1. A county, city, consolidated city-county, or unified government shall not prohibit an official governmental flag from being flown or displayed if the official governmental flag is flown or displayed:
    1. In accordance with the patriotic customs set forth in 4 U.S.C. §§ 5-10, as amended; and
    2. Upon private or public property with the consent of either the owner of the property or of any person having lawful control of the property.
  2. Notwithstanding subsection (a) of this section, for the purpose of protecting the public health, safety, and welfare, reasonable restrictions on flag size, number of flags, location, and height of flagpoles are not prohibited, provided that such restrictions shall not discriminate against any official governmental flag in any manner.
  3. For purposes of this section, an "official governmental flag" shall mean any of the following:
    1. The flag of the United States of America.
    2. The flag of nations recognized by the United States of America.
    3. The flag of the State of North Carolina.
    4. The flag of any state or territory of the United States.
    5. The flag of a political subdivision of any state or territory of the United States.

History

(2005-360, s. 1.)

Editor's Note. - This section was enacted as G.S. 144-7.1 and was redesignated as G.S. 144-7 at the direction of the Revisor of Statutes.

§ 144-8. State salute to the North Carolina flag.

The phrase "I salute the flag of North Carolina and pledge to the Old North State love, loyalty, and faith." is adopted as the official salute to the North Carolina flag.

History

(2007-36, s. 1.)

Cross References. - As to desecration of State and United States flag, G.S. 14-381.

As to flagpoles and display of flags in state parks, G.S. 100-17.

As to display of the United States and North Carolina flags and the recitation of the Pledge of Allegiance, G.S. 116-69.1.

Editor's Note. - The preamble of Session Laws 2007-36, provides: "Whereas, an official State flag was first recognized in 1861, with a new design adopted in 1885; and

"Whereas, in 1907 the General Assembly enacted legislation requiring the flag to be displayed at all State institutions, public buildings, and courthouses; and

"Whereas, many organizations and groups use the salute to the North Carolina flag at their meetings and conventions; and

"Whereas, there is no record of an official pledge to the State flag having been adopted; and

"Whereas, for the purpose of promoting greater loyalty and respect to the State of North Carolina and inasmuch as a special act of the legislature adopted an emblem of our government known as the North Carolina flag; Now, therefore,".

§ 144-9. Retirement of a flag of the United States of America or the State of North Carolina.

  1. A State institution or a political subdivision of the State in possession of a flag of the United States of America or the State of North Carolina that is no longer a fitting emblem for display because it is worn, tattered, or otherwise damaged shall make arrangements for its respectful disposal and may deliver the flag to the Department of Military and Veterans Affairs for disposal. The Department shall accept a flag delivered to it and shall make arrangements for its respectful disposal.
  2. The Department of Military and Veterans Affairs shall accept, at no charge, a worn, tattered, or otherwise damaged flag of the United States of America or the State of North Carolina from a citizen of the State and shall make arrangements for its respectful disposal. The Department shall establish a flag retirement program to encourage citizens to send in or drop off worn, tattered, or otherwise damaged flags at the Department's office in Raleigh and at any Veterans Home or Veterans Cemetery in the State and may establish other locations for flag drop-off as it deems appropriate. The Department shall advertise the flag retirement program on its website and by printed posters placed at all flag drop-off locations. On or before December 31 annually, the Department shall report the number of flags received under the program to the Joint Legislative Committee on Governmental Operations.
  3. An official flag of the State that is no longer a fitting emblem for display because it is worn, tattered, or otherwise damaged may be respectfully retired by fire.

History

(2010-189, s. 1; 2015-170, s. 2(b); 2021-88, s. 14(b).)

Effect of Amendments. - Session Laws 2015-170, s. 2(b), effective December 1, 2015, substituted "a flag of the United States of America or the State of North Carolina" for "State flag" in the section heading; designated the existing language as subsection (c); and added subsections (a) and (b).

Session Laws 2021-88, s. 14(b), effective July 22, 2021, substituted "Department of Military and Veterans Affairs” for "Division of Veterans Affairs in the Department of Administration,” and "The Department” for "The Division” in subsection (a); and rewrote subsection (b).

Legal Periodicals. - For article, "North Carolina's Heritage Protection Act: Cementing Confederate Monuments in North Carolina's Landscape," see 94 N.C.L. Rev. 2176 (2016).