§ 10-817.  Police and Fire Radio Broadcasts. 264
   (1)   Prohibited Conduct.
      (a)   No person shall own, possess, sell or transfer any radio equipment or conversion equipment of any nature or type which is capable of transmitting on or otherwise interfering with police or fire radio broadcast frequencies.
      (b)   No person shall alter any radio equipment in any manner so that the receiver or converter makes it possible to transmit on or interfere with police or fire radio broadcast frequencies.
      (c)   No unauthorized person who owns or is in possession of any radio equipment or conversion equipment of any type which is capable of receiving signals on frequencies allocated for police or fire radio broadcasts shall transmit on said frequencies or otherwise interfere with any police or fire radio broadcast.
      (d)   No person shall use any radio equipment or conversion equipment for the purpose of violating the law or for the unlawful purpose of hindering or interfering with police officers or firemen in the performance of their official duties.
      (e)   No person shall:
         (.1)   possess on a public street or on public or private property not his or her residence; or 265
   (2)   Confiscation.
      (a)   Any radio equipment or conversion equipment capable of transmitting or interfering with police and fire radio broadcasts shall be presumed to be used for that purpose and any police officer is authorized to impound the equipment and hold it until the owner arranges for it to be re-equipped so that it will not be capable of transmitting on or interfering with police or fire radio broadcasts. If the owner does not make such arrangements within a period of thirty (30) days, the equipment shall be destroyed.
   (3)   Exemptions.
      (a)   Subsections 10-817(1) and (2) shall not apply to any law enforcement agency or to the Fire Department of the City of Philadelphia.
      (b)   Subsection 10-817(1)(e) shall not apply to any person engaged in the retail or wholesale business of selling or manufacturing radio equipment capable of receiving police or fire broadcasts, as long as the possession and/or carrying of such equipment is for business purposes.
   (4)   Penalty. The penalty for violation of this Section shall be a fine of not less than one hundred dollars ($100) and not more than three hundred dollars ($300), and/or imprisonment of not less than thirty nor more than ninety (90) days. 266

 

Notes

264
   Added, 1967 Ordinances, p. 898; amended, 1983 Ordinances, p. 394.
265
   Subsection (1)(e)(.2) deleted, Bill No. 171126 (approved March 20, 2018).
266
   Renumbered and former subsection (4) deleted, Bill No. 171126 (approved March 20, 2018).