Nashville, TN Anti Scanner Info

[stewart00311]

Ok Bad News here is the link on the Nashville laws in Tn
See for yourself.
http://municipalcodes.lexisnexis.co...Chapter_11_04_OFFENSES_BY_OR_AGAIN/index.html

J. Stewart
Smyrna, Tn


--- In NashvilleScan@yahoogroups.com, "goodtogo1974
> Yes the Metropolitan Government of Nashville and Davidson County
has
> a "metro" ordinance against the mobile use of "High Frequency
> Receivers" somewhere on the books. I used to work for metro. I
> only know of a very small percentage of officers that used to
> enforce it. I don't think that you will have much trouble if you
> are not in the commission of a crime. Just be cordial and explain
> when asked why you have it. I will see if I can come across the
> actual ordinance and post.

Here it is:

11.04.110 High frequency police radio receiving set--Defined.

A high frequency police radio receiving set shall be defined as any
radio receiving set capable of receiving any message sent out by any
police radio station. (Prior code § 34-2-1)

11.04.120 Police radio--Permit required.

It is unlawful for any person to equip or operate any motor vehicle
with a high frequency police radio receiving set unless such motor
vehicle is being used by the federal, state or metropolitan
government or a peace officer, or unless a permit for the use of the
same shall have been granted as provided by this chapter. (Ord. 90-
1339 § 1 (34-1), 1990; prior code § 34-2-2)

11.04.130 Police radio--Application--Annual fee.

A. Any person desiring a permit from the mayor to operate a high
frequency police radio receiving set in a motor vehicle shall file
the application with the mayor in writing, stating the name of the
applicant, the license number, engine number, model and make of the
motor vehicle in which it is desired to install such set and shall
furnish a photograph of the applicant and his fingerprints. The
application shall also state the reason why it is desired to install
such set.

B. If the mayor finds that the application shows a need for the set,
that the set will be used for a lawful purpose and that the public
interest will be served by a granting of the application, he shall
issue a permit for installation and use of the set upon payment by
the applicant for a license fee of one hundred dollars per year. An
application shall be filed and a new permit shall be secured for
each year a high frequency police radio receiving set is used. (Ord.
90-1339 § 1 (34-2), 1990; prior code § 34-2-3)

11.04.140 Police radio permits--Not transferable.

Any permit issued under the provisions of Section 11.04.130 shall
not be transferable to any other person. A high frequency police
radio receiving set authorized to be installed and used by any such
permit shall not be placed in any motor vehicle other than the one
described in the application for the permit without first obtaining
a permit from the mayor for the removal of the set to the other
motor vehicle. No fee shall be charged for such removal permit. In
case of a change in license number of any motor vehicle in which a
high frequency police radio receiving set has been permitted under
this chapter, the owner of the vehicle shall notify the mayor of
such change within five days after the change is made. (Prior code §
34-2-4)

11.04.150 Answering police radio calls prohibited.

It is unlawful for the operator of any motor vehicle, other than
metropolitan government officers and police and fire department
officers in the line of duty, to follow up and answer police radio
calls or in any way interfere with police officers answering such
radio police calls. (Prior code § 34-2-5)

 

[GlacierClipper]

Chattanooga Scanner Law

Several cities in Tennessee have laws on the books concerning scanner operation.

http://www.chattanooga.gov/citycode/code/Chapter16.pdf




ARTICLE IV. INTERCEPTION OF POLICE RADIO SIGNALS Sec. 16-71. Definition. A "high frequency police radio receiving set" shall be defined as any radio receiving set capable of receiving any message sent out by any police radio station. (Code 1986, § 16-71) Cross reference-Definitions and rules of construction generally, § 1-2. Sec. 16-72. Permit for operation of high frequency receiver required. It shall be unlawful for any person to equip or operate, inside the city, any motor vehicle with a high frequency police radio receiving set, unless such motor vehicle is being used by the federal, state, city or county government or a peace officer, or unless a permit for the use of the same shall have been granted as provided in this article. (Code 1986, § 16-72) Cross reference-Businesses, trades and occupations, Ch. 11. Chapter 16 – Page 13
CHATTANOOGA CITY CODE
Sec. 16-73. Application for permit. Any person desiring a permit from the city to install and operate a high frequency police radio receiving set in a motor vehicle inside the city shall file an application with the police chief, in writing, stating the name of the applicant, the license number, motor number, model and make of the motor vehicle in which it is desired to install such set, and shall furnish a photograph of the applicant and his fingerprints. The application shall also state the reason why it is desired to install the set. If the police chief, after an investigation. finds that the application shows a need for the set, that the set will be used for a lawful purpose and that the public interest will be served by the granting of the application, he shall recommend to the mayor the approval of such application. (Code 1986, § 16-73; Ord. No. 9654, §§ 13 and 98, 1-6-92) Sec. 16-74. Permit issuance; fee; renewal. Upon approval by the mayor of an application for a permit under this article, the city treasurer shall issue to such applicant a permit for installation and use of the set, upon payment by the applicant of a license fee of twenty-five dollars ($25.00) per year. Application must be filed and a new permit secured for each year a high frequency police radio receiving set is used. (Code 1986, § 16-74; Ord. No. 9654, § 133, 1-6-92) Sec. 16-75. Permit nontransferable; notice of change in license number of vehicle. Any permit issued under the provisions of section 16-55 of this Code shall not be transferable to any other person. Any high frequency police radio receiving set authorized to be installed and used by any such permit shall not be placed in any other motor vehicle than the one described in the application for the permit without first obtaining a permit from the police chief for the removal of the set to the other motor vehicle. No fee shall be charged for such removal permit. In the event of a change in license number of any motor vehicle in which a high frequency police radio receiving set has been permitted to be installed under this article, the owner of such vehicle shall notify the police chief of such change within five (5) days after the change is made. (Code 1986, § 16-75; Ord. No. 9654, § 98, 1-6-92) Sec. 16-76. Permit revocation. Chapter 16 – Page 14
If any person who has been issued a permit to install and operate a high frequency police radio receiving set violates any of the provisions of this article or uses such set for an unlawful purpose, where the public interest requires, the permit may be revoked upon giving the holder of such permit five (5) days' notice of the time and place to appear before the mayor to show cause why such permit should not be revoked.

 

[memphislawenforcer]

It looks like Nashville took a page out of the Chatanooga Ordinance book. The only difference appears to bve the cost difference of $75.00 in Nashville Thats quite a cost of living increase. Do you think they are trying to discourage people from applying? Does anyone know what they consider a good reason to be to obtain a permit? Memphis is preparong to go to an IMBE digital system and I'm sure that they havent even thought of such a law. has anyine been prosicuted for it yet? just wondering.

 

[joema]

I thought the Communications Act of 1934 essentially said anybody can receive anything they want -- it's public airwaves. This was later modified to exclude cellular phone communications.

It's interesting that many VHF/UHF ham radios, while not thought of as scanners, nonetheless have wide band reception and scanning ability. E.g, the Yaesu FT-60R 144/430Mhz hand held can receive from 108-520 Mhz and 700-999.99Mhz.

In addition newer ham base radios (not just mobiles) have wide band receive. Are all of these illegal under the above-listed laws?

 

[memphislawenforcer]

They didn't prohibit you from listening to these transmisssions they just said that you could not do it in the car. The law seems to border on prohibiting a mounted unit as opposed to a handheld but the definition would include a handheld device in a veh.

 

[lschmidt]

Does Tennessee allow licensed hams to have mobile scanners as some
other states do that have restrictions on mobile scanners?

 

[joema]

They didn't prohibit you from listening to these transmisssions they just said that you could not do it in the car.

This would mean it's illegal for a licensed ham radio operator to use his Yaesu FT-8800R 144/430Mhz car-mounted mobile transceiver with 108-520Mhz and 700-999Mhz receive coverage.
http://www.yaesu.com/indexVS.cfm?cm...WA1KBsgag=&DivisionID=65&isArchived=0

I would submit this is exactly why the 1934 Communications Act was passed -- to avoid crazy-quilt regional laws. I was under the impression the FCC had jurisdiction here.

 

[ham612]

From what I understand, there is a federal pre-emption concerning local and state “scanner laws” for licensed amateur radio operators. This protects only amateur radios which will scan, not an actual scanner. Check the following link,

http://www.arrl.org/announce/regulatory/pr91-36/pr91-36.html

I would bring this up with your local elected officials to see if an exemption can be added to the local ruling. Talk to your ARRL section manager to see if he can give you any pointers and/or help in discussing with the local elected officials.
This subject seems to guarantee many responses on at least one of the amateur radio posting sites. For some interesting reading , check these out,

http://www.qrz.com/cgi-bin/ikonboard.cgi?s=40d565a70e6affff;act=ST;f=3;t=36933

http://www.qrz.com/cgi-bin/ikonboard.cgi?s=40d565a70e6affff;act=ST;f=3;t=37593

http://www.qrz.com/cgi-bin/ikonboard.cgi?s=40d565a70e6affff;act=ST;f=3;t=42773;st=0

Good luck to all concerned,
ham612