SECTIONS 430-439 - California Statutes

GOVERNMENT CODE

SECTION 430-439

430. The Flag of the United States and the Flag of the State of
California (the Bear Flag) shall be prominently installed, displayed,
and maintained in the following places:
(a) In the courtrooms of all courts of the State.
(b) In all rooms where any court or any state, county, or
municipal commission holds any sessions.

431. The Flag of the United States and the Flag of the State shall
be prominently displayed during business hours upon or in front of
the buildings or grounds of or at each of the following places:
(a) Each public building belonging to the State, a county, or a
municipality.
(b) At the entrance and exit of every state park.
(c) At the entrance or upon the grounds of each campus of the
University of California.
(d) At the entrance or upon the grounds or upon the administration
building of every university, college, high school, and elementary
school, both public and private, within the State.
(e) Upon or at every agricultural inspection station just inside
California and located on every highway leading into California.
(f) At the entrance of or within every state highway maintenance
station where personnel reside or are on duty at the time necessary
to raise and lower the Flag.

432. The Flag of the United States and the Flag of the State shall
be prominently displayed during any and all games and performances of
every kind which take place in a coliseum, stadium, bowl, or other
open air sites, and at all race tracks where racing is being
conducted.

433. The National and State Flags shall be carried at the head of
any procession or parade of:
(a) The National Guard.
(b) The California State Guard.
(c) Any other state military organization.
(d) Sheriff's posse.
(e) City police or fire department.

434. Where the installation or display of the Flag of the United
States and the Flag of the State in a place publicly owned, whether
by the State, a county, or a municipality, is prescribed, public
officials charged with furnishing the place shall provide for the
acquisition of the flags and their installation, display, and
maintenance pursuant to this chapter.

434.5. (a) As used in this section, the following terms have the
following meaning:
(1) "Legal right" means the freedom of use and enjoyment generally
exercised by owners and occupiers of land.
(2) "Local government agency" means a county, city, whether
general law or chartered, city and county, town, municipal
corporation, school district or other district, political
subdivision, or any board, commission, or agency thereof, or other
local agency.
(b) (1) No person, private entity, or governmental agency shall
adopt any rule, regulation, or ordinance, or enter into any agreement
or covenant, that prevents any person or private entity that would
otherwise have the legal right to display a Flag of the United States
on private property from exercising that right, unless it is used
as, or in conjunction with, an advertising display.
(2) Nothing in this subdivision shall be construed to prevent a
city, county, or city and county from imposing reasonable
restrictions as to the time, place, and manner of placement or
display of a Flag of the United States when necessary for the
preservation of the public's health, safety, or order.
(c) (1) A local government agency may not adopt any policy or
regulation that prohibits or restricts an employee of that agency
from displaying a Flag of the United States, or a pin of that flag,
on his or her person, in his or her workplace, or on a local
government agency vehicle operated by that employee.
(2) Nothing in this subdivision shall be construed to prevent a
local government agency from imposing reasonable restrictions as to
the time, place, and manner of placement or display of a Flag of the
United States when necessary for the preservation of the order or
discipline of the workplace.
(d) No restrictions solely to promote aesthetic considerations
shall be imposed pursuant to paragraph (2) of subdivision (b) or
paragraph (2) of subdivision (c).

435. Where a city or county has adopted an official flag, it is
unlawful for any other city or county to adopt an official flag so
similar that it might deceive or mislead anyone as to the city or
county to which it belongs.

436. Where the National and State Flags are used, they shall be of
the same size. If only one flagpole is used, the National Flag shall
be above the State Flag and the State Flag shall be hung in such
manner as not to interfere with any part of the National Flag. At all
times the National Flag shall be placed in the position of first
honor.

437. The superior court having jurisdiction of the offense shall
enforce this chapter on the complaint of any citizen of the county.

438. All United States Flags now in the possession of state,
county, city, and district agencies, or hereafter acquired by such
agencies under contracts awarded prior to March 18, 1959, may be
utilized until unserviceable.

439. The Adjutant General shall, by regulation, prescribe rules
regarding the times, places, and manner in which the State Flag may
be displayed. He shall, periodically, compile the laws and
regulations regarding the State Flag. Copies of the compilation shall
be printed and made available to the public at cost by the
Department of General Services.