Section § 430

Explanation

This law requires that both the U.S. Flag and the California State Flag be clearly set up, shown, and kept in good condition in specific places. These places include all courtrooms in California and any rooms where sessions are held by any court or state, county, or city commissions.

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)CA Government Code § 430(a) In the courtrooms of all courts of the State.
(b)CA Government Code § 430(b) In all rooms where any court or any state, county, or municipal commission holds any sessions.

Section § 431

Explanation

This California law mandates that both the United States Flag and the California State Flag must be prominently displayed during business hours in several key locations. These include any public buildings owned by the state, counties, or municipalities, entrances and exits of state parks, all University of California campuses, every school (public or private) from universities to elementary schools, agricultural inspection stations on highways entering California, and state highway maintenance stations with on-site personnel.

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)CA Government Code § 431(a) Each public building belonging to the State, a county, or a municipality.
(b)CA Government Code § 431(b) At the entrance and exit of every state park.
(c)CA Government Code § 431(c) At the entrance or upon the grounds of each campus of the University of California.
(d)CA Government Code § 431(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)CA Government Code § 431(e) Upon or at every agricultural inspection station just inside California and located on every highway leading into California.
(f)CA Government Code § 431(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.

Section § 432

Explanation

This law requires that both the United States flag and the California state flag be clearly displayed at all public events held in outdoor venues like coliseums, stadiums, and race tracks.

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.

Section § 433

Explanation

This law mandates that during any procession or parade, the United States and California state flags must be displayed at the front if the event involves the National Guard, California State Guard, any other state military groups, sheriff’s posse, or city police or fire departments.

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

Section § 434

Explanation

If a public place in California is required to display the United States and California flags, the responsible public officials must ensure these flags are acquired and properly displayed and maintained.

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.

Section § 434.5

Explanation

This law ensures that people have the right to display the U.S. flag on private property. No one, including government agencies, can create rules that stop someone from doing this, unless the flag is used for advertising purposes. Local governments can impose reasonable rules on when and how flags can be displayed to keep public order and safety. However, these rules can't be based only on how things look (aesthetics). Also, local government employees can display the U.S. flag or a flag pin at work or on government vehicles, with reasonable restrictions to maintain workplace discipline.

(a)CA Government Code § 434.5(a) As used in this section, the following terms have the following meaning:
(1)CA Government Code § 434.5(a)(1) “Legal right” means the freedom of use and enjoyment generally exercised by owners and occupiers of land.
(2)CA Government Code § 434.5(a)(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)Copy CA Government Code § 434.5(b)
(1)Copy CA Government Code § 434.5(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)CA Government Code § 434.5(b)(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)Copy CA Government Code § 434.5(c)
(1)Copy CA Government Code § 434.5(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)CA Government Code § 434.5(c)(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)CA Government Code § 434.5(d) No restrictions solely to promote aesthetic considerations shall be imposed pursuant to paragraph (2) of subdivision (b) or paragraph (2) of subdivision (c).

Section § 434.7

Explanation

Starting January 1, 2017, any American or California flags bought by the state government or local government agencies must be made in the United States.

Local government agencies include entities like counties, cities, towns, and school districts.

(a)CA Government Code § 434.7(a) On and after January 1, 2017, any Flag of the United States or the Flag of the State of California purchased by the state or any local government agency shall be made in the United States.
(b)CA Government Code § 434.7(b) For purposes of this section, the term “local government agency” means a county, city, city and county, town, municipal corporation, school district or other district, political subdivision, or any board, commission, or agency thereof, or other local agency.

Section § 435

Explanation

This law states that if a city or county in California has created an official flag, no other city or county can create a new flag that looks so much like the existing one that it could confuse people about which city or county the flag belongs to.

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.

Section § 436

Explanation

This law mandates that when both the National Flag and State Flag are displayed together, they must be the same size. If there's only one flagpole, the National Flag should be at the top, and the State Flag should not obstruct any part of it. The National Flag must always be in the highest place of respect.

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.

Section § 437

Explanation

This law allows any citizen of a county to file a complaint in superior court regarding an offense, which the court is then responsible for handling and enforcing.

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

Section § 438

Explanation

This law allows any U.S. flags currently owned or later acquired by various government agencies in California to be used until they are no longer in serviceable condition. This applies to flags obtained through contracts made before March 18, 1959.

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.

Section § 439

Explanation

This law assigns the Adjutant General the responsibility to set rules about when, where, and how the California State Flag can be displayed. The Adjutant General must also gather all the relevant laws and regulations about the State Flag and make them available to the public at a cost through the Department of General Services.

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.