(a) Except as provided in this section, or as permitted under the laws of the United States, no person shall willfully, surreptitiously and by means of any device listen to, transmit, amplify or record a private oral communication carried on in circumstances which reasonably indicate that the parties thereto desire it to be confined to them, and no person shall willfully disclose or willfully use or attempt to use any information, knowing or having reasonable cause to believe such information was obtained in violation of this section.
(b) This section shall not apply to an employer and his respective employees when any and all communication is confined to such employer and/or employees and no persons of the general public (nonemployees) are involved and the following conditions are met:
(1) Such monitoring, listening to, transmission, amplification or recording is reasonably necessary to preserve the efficiency of such employer's operation; and
(2) Any employee subject to monitoring, listening to, transmission, amplification or recording, receives actual notice that such monitoring, listening to, transmission, amplification or recording may occur during the hours of his employ; and
(3) Any such device or area subject to monitoring, listening to, transmission, amplification or recording shall have placed thereon or therein, in plain view, a brightly colored label with the inscription, "This device is monitored" or "This area is monitored," respectively.
(4) Devices and areas which are not subject to monitoring, listening to, transmission, amplification or recording are provided for employees on the employer's premises or property.
(c) Recording of any communication by or through a line, cable or wire under the control of a telegraph or telephone company where such communication involves a member of the general public shall be permitted only in conjunction with a recorder tone device or a beep tone which automatically produces a distinct and clearly audible signal that is repeated at intervals of fifteen seconds at all times during such recording.
(d) No person, corporation, partnership, agency or other entity shall install equipment designed for monitoring or recording communication by or through a line, cable or wire under control of a telephone or telegraph company as provided for by subsections (b) and (c) herein unless the party requesting and receiving such installation has a license as provided in Section 537.19.
(e) This section shall not apply where a valid search warrant has been obtained by the proper State or Federal authority.
(f) This section shall not apply to emergency reporting systems or reporting stations that are to be used solely for fire, police and other emergency report calls.
(g) Whoever violates this section is guilty of a misdemeanor of the first degree. (Ord. 74-1974. Passed 9-9-74.)