(1) It shall be unlawful for any person except a member of a police department or police force or an official with written authorization from the head of a department which regularly maintains a police radio system authorized or licensed by the Federal Communications Commission, to have in his or her possession, or in an automobile or other vehicle, or to equip or install in or on any automobile or other vehicle, any mobile radio set or apparatus capable of either receiving or trans- mitting radio or other messages or signals within the wavelength or channel now or which may hereafter be allocated by the Federal Communi- cations Commission, or its successor, for the purpose of police radios, or which may in any way intercept or interfere with the transmission of radio messages by any police or other peace officers and it shall be unlawful for any car, automobile, or other vehicle other than one publicly owned and entitled to an official license plate issued by the state issuing a license to a said car, to have, or be equipped with such sets or apparatus even though said car is owned by an officer. Provided, however, the provisions of this section shall not apply to any automobile or other vehicle owned or operated by a member of a sheriff's department authorized by the fiscal court to operate a radio communications system that is licensed by the Federal Communications Commission or other federal agency having the authority to license same.
(2) Any person guilty of violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50) and not exceeding five hundred dollars ($500), or imprisonment not exceeding twelve (12) months, or both so fined and imprisoned.
(3) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment had or used in violation of the provisions of this section, and, upon conviction of the person having, equipping or using such equipment, it shall be the duty of the trial court to order such equipment or apparatus destroyed, forfeited, or escheated to the Commonwealth of Kentucky, and said property may be ordered destroyed, forfeited, or escheated as above provided without a conviction of the person charged with violating this section.
(4) Nothing contained in this section shall prohibit the possession of a radio by:
(a) An individual who is a retailer or wholesaler and in the ordinary course of his business offers such radios for sale or resale;
(b) A commercial or educational radio or television station, licensed by the Federal Communications Commission, at its place of business; or
(c) An individual who possesses such a radio, provided it is capable of receiving radio transmissions only and is not capable of sending or transmitting radio messages, at his place of residence; licensed commercial auto towing trucks; newspaper reporters and photographers; disaster and emergency services personnel authorized in writing by the state director of disaster and emergency service (for state personnel) or chief executive of the city or county (for their respective personnel); a person holding a valid license issued by the Federal Communications Commission in the amateur radio service; peace officers authorized in writing by the head of their law enforcement agency, Commonwealth's attorneys and their assistants, county attorneys and their assistants, except that it shall be unlawful to use such radio to facilitate any criminal activity or to avoid apprehension by law enforcement officers. Violation of this section shall, in addition to any other penalty prescribed by law, result in a forfeiture to the local law enforcement agency of such radio.
(5) The secretary of the Finance and Administration Cabinet is hereby empowered by issuance of a secretary's order to exempt from the pro-hibitions and penalties of this section the possession and use of any and all radio communication equipment that he finds is necessary to be owned and used by members of the general public and other nonpolice persons for utilization in the N.O.A.A. weather radio system.
HISTORY: 1992 c 110, s. 1, eff. 7-14-92 1986 c 241, s. 1; 1980 c 137, s. 1; 1978 c 435, s. 1; 1976 ex s c 14, s. 443; 1976 c 166, s. 1; 1942 c66
CROSS REFERENCES
Safety and security officers of public institution of higher education, use of vehicles, 164.970
NOTES ON DECISIONS AND OPINIONS
OAG 89-11. A tape recording of police radio transmissions on a given frequency is a public record.
OAG 98-11. The tape recording of all police radio transmissions on a given frequency on an around-the-clock basis independently of and col-laterally to a specific event is not "compiled on the process of detec- ting and investigating statutory ... violations" within the meaning of KRS 61.878(1) (f), and no "harm ... by premature release" will occur from release of a tape recounting facts already substantially revealed by news accounts.
OAG 82-126. Where the fire chief has given written permission to members of his department to equip personal vehicles with flashing red lights and siren the permission terminates when he ceases to be the chief. The chief's successor must then provide such written permission.
OAG-82-126. There is no authority for the chief of the fire department to permit firemen within his department to install radios in their private vehicles for use in performance of official duties if those radios are capable of receiving or transmitting police messages.
OAG-79-154. KRS 432.570 is impermissibly vague because it does not adequately connote or embrace the use of radar detectors within the existing prohibition protecting the effectiveness of essential police communications.
OAG 78-384. A commercial radio station may legally use a scanner (radio receiving equipment) which can receive police radio transmissions on a mobile news unit.
OAG 66-495. No private car may be equipped with a sheriff's frequency two-way radio.
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