1. Except as otherwise provided in subsection 2: (a) A governing body shall not adopt an ordinance, regulation or plan or take any other action that prohibits an owner of real property from engaging in the display of the flag of the United States on his or her property. (b) Any covenant, condition or restriction contained in a deed, contract or other legal instrument which affects the transfer, sale or any other interest in real property that prohibits the owner of the property from engaging in the display of the flag of the United States on his or her property is void and unenforceable. 2. The provisions of this section do not: (a) Apply to the display of the flag of the United States for commercial advertising purposes. (b) Preclude a governing body from imposing reasonable restrictions as to the time, place and manner of display of the flag of the United States if the governing body determines that such restrictions are necessary to protect the health, safety or welfare of the public. For the purposes of this paragraph, reasonable restrictions as to the time, place and manner of display of the flag of the United States may include, without limitation, reasonable restrictions as to height and setback. 3. In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorneys fees and costs. 4. As used in this section, display of the flag of the United States means a flag of the United States that is: (a) Made of cloth, fabric or paper; (b) Displayed from a pole or staff or in a window; and (c) Displayed in a manner that is consistent with 4 U.S.C. Chapter 1. The term does not include a depiction or emblem of the flag of the United States that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.
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