Does anyone know the scanner law in ohio? I was wondering what the law was to have a scanner in a vehicle in ohio. if anyone could help? I like to take my hand-held PRO-164 with me when i go somewhere, but i dont want to get in trouble.
With the exception of a specific local municipal ordinance, it's just a generic criminal tools law in the rest of the state under Ohio Revised Code (see ORC 2923.24). It's a 1st degree misdemeanor, unless it is used in the commission of a felony (like burglary, robbery, etc.). In that case, it is a 5th degree felony.Is there a specific law about that, or is it just a generic criminal tools law?
I don't know if you are right on local over ruling state laws. I think it is a mixed bag. For instance concealed gun carry follows state law. Cell phone usage follows local law since there is not a State wide ban on use of cell phones in cars. Again I am not a lawyer so I have no specific knowledge on who over rules who, but in the case of scanners I believe there is a State law allowing mobile use so I don't know if a local ordinace over rules that. I don't want to be the guy to test who is right either.Where at in Cuyahoga County? I think Parma has an ordinance banning scanners in cars. Ohio is a home rule state, so individual municipalities (but not counties or townships) can make their own rules on this issue and enforce them on anybody who just happens to be passing through (so, for example, when you're driving down 271 just in Cuyahoga County, you're subject to the jurisdiction of 11 separate cities or villages).
In further support of my position on Parma or any other community having an anti-scanner law I found the following exerpt from an article on "Home Rule".Ohio is a home rule state, so individual municipalities (but not counties or townships) can make their own rules on this issue and enforce them on anybody who just happens to be passing through .
That is my point. There is no Ohio state law specific to scanners. The abscence of a law pretty much allows a local community to pass an anti scanner law if it wishes under Home Rule. However, the Ohio Revised Code requires local communities that pass laws impacting the use of a motor vehicle through their community to post such law(s) at the borders of communities announcing such law. Whether scanners and cell phones are included with State law use of motor vehicles, I don't know.What state law?