Baldwin's Kentucky Revised Statutes Annotated (1993)
pp. 30-1, Crimes and Punishments
s. 453.570
 

  453.570  Possession or use of radio capable of sending or receiving
police messages restricted; penalty; enforcement

  (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)
oe chief executive of the city or county (for thier 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 thier law enforcement agency,
Commonwealth's attorneys and thier assistants, county attorneys and
thier 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

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                        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 sirens, 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
thier 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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