Sec. 25-198. Prohibiting use of devices to detect presence of radar, penalty.
(a) It shall be unlawful for any person to operate a motor vehicle upon the highways of this city when such vehicle is equipped with any device or mechanism to detect radar employed by law enforcement personnel to measure the speed of motor vehicles upon the highways of this city for law enforcement purposes; it shall be unlawful to use any such devices or mechanism upon any such motor vehicle upon the highways. It shall be unlawful for any person to sell any such device or mechanism in this city. Provided, however, that the provisions of this section shall not apply to any receiver of radio waves utilized for lawful purposes to receive any signal from a frequency lawfully licensed by any state or federal agency. Any person violating any provisions of this section shall be punished by a fine of not more than two hundred dollars ($200.00).
This section shall not be construed to authorize the forfeiture of any such device or mechanism. Any such device or mechanism may be taken by the arresting officer if needed as evidence, and, when no longer needed, shall be returned to the person charged with the violation of this section, or at that person's request, his expense, mailed to an address specified by him. Any unclaimed devices may be destroyed on court order after six (6) months have elapsed from the final date for filing an appeal.
(b) No person shall be guilty of a violation of this section when a device or mechanism in question, at the time of the alleged offense, had no power source and was not readily accessible for use by the driver or any passenger in the vehicle.
(c) Except as provided in subsection (b) of this section, the presence of any such prohibited device or mechanism in or upon a motor vehicle upon the highways of this city shall constitute prima facie evidence of the violation of this section. The city need not prove that the device in question was in operative condition or being operated.
(d) This section shall not apply to any motor vehicles owned by the state or any political subdivision thereof and which are used by law enforcement officers in their official duties, nor to the sale of any such device or mechanism to law enforcement agencies for use in their official duties.
(e) No demerit points shall be awarded by the commissioner of the division of motor vehicles for violations of this section. (Code 1959, § 20-82.1; Ord. No. O-94-288, 11-8-94)
Last updated date: 10/23/2006 4:15:21 PM