City of Grain Valley, MO
Jackson County
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Table of Contents
Table of Contents
Article I Light Regulations

Section 380.010 Definitions.

Section 380.020 When Lights Required.

Section 380.030 Headlamp on Motor Vehicles.

Section 380.040 Headlamps — Permissible Substitutes, Speed Limit.

Section 380.050 Single-Beam Headlamps — Intensity, Adjustment.

Section 380.060 Multiple-Beam Headlamps — Arrangement.

Section 380.070 Dimming of Lights, When.

Section 380.080 Taillamps, Reflectors.

Section 380.090 Auxiliary Lamps — Number — Location.

Section 380.100 Cowl, Fender, Running Board and Backup Lamps.

Section 380.110 Spotlamps.

Section 380.120 Colors of Various Lamps — Restriction of Red Lights.

Section 380.130 Limitations on Lamps Other Than Headlamps — Flashing Signals Prohibited Except on Specified Vehicles.

Section 380.140 Limitation on Total of Lamps Lighted at One Time.

Section 380.150 Parked Vehicles — How Lighted — Exception.

Section 380.160 Other Vehicles — How Lighted.

Article II Miscellaneous Regulations

Section 380.170 Loads Which Might Become Dislodged to Be Secured.

Section 380.180 Trucks or Truck-Tractors, Fenders or Mud Flaps Required.

Section 380.190 Sound-Producing Signaling Devices.

Section 380.200 Muffler Cutouts.

Section 380.210 Brakes.

Section 380.220 Mirrors.

Section 380.230 Projections on Vehicles.

Section 380.240 Towlines.

Section 380.250 Studded Tires, Prohibited When.

Section 380.260 Rubber Tires.

Section 380.270 Altering Passenger Motor Vehicle by Raising Front or Rear of Vehicle Prohibited, When.

Section 380.280 Bumpers, Front and Rear Required — When — Height.

Section 380.290 Vision-Reducing Material Applied to Windshield or Windows Without Permit Prohibited.

Section 380.300 Seat Belts.

Section 380.310 Passenger Restraint System Required for Children Under Four Years of Age — Exceptions, Violations, Fine.

Section 380.320 Exemptions.

Section 380.330 Regulations Concerning the Use of Communication Equipment in Motor Vehicles Capable of Monitoring Police Frequencies.

Section 380.010 Definitions. [1]

[Code 1985, §76.600; CC 1990 §14-461]
The following words, terms and phrases, when used in this Article shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
APPROVED
Approved by the State Director of Revenue and when applied to lamps and other illuminating devices must be in good working order.
AUXILIARY LAMP
An additional lighting device on a motor vehicle used primarily to supplement the headlamps in providing general illumination ahead of the vehicle.
HEADLAMP
A major lighting device capable of providing general illumination ahead of a vehicle.
MOUNTING HEIGHT
The distance from the center of the lamp to the surface on which the vehicle stands.
MULTIPLE-BEAM HEADLAMPS
Headlamps or similar devices arranged so as to permit the driver of the vehicle to use one (1) of two (2) or more distributions of light on the road.
REFLECTOR
An approved device designed and used to give an indication by reflected light.
SINGLE-BEAM HEADLAMPS
Headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one distribution of light on the road.
VEHICLE
Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WHEN LIGHTED LAMPS ARE REQUIRED
At any time from a half (½) hour after sunset to a half (½) hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead.
[1]
Cross Reference — Definitions and rules of construction generally, §100.020.

Section 380.020 When Lights Required.

[Code 1985, §76.610; CC 1990 §14-462]
No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the time when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as required by this Article. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.

Section 380.030 Headlamp on Motor Vehicles.

[Code 1985, §76.615; CC 1990 §14-463]
Except as provided in this Article, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.

Section 380.040 Headlamps — Permissible Substitutes, Speed Limit.

[Code 1985, §76.620; CC 1990 §14-464]
Any motor vehicle need not be equipped with approved headlamps provided that every such vehicle during the times when lighted lamps are required is equipped with two (2) lighted lamps on the front thereof displaying white or yellow lights without glare capable of revealing persons and objects seventy-five (75) feet ahead; provided however, that, no such motor vehicle shall be operated at a speed in excess of twenty (20) miles per hour during the times when lighted lamps are required.

Section 380.050 Single-Beam Headlamps — Intensity, Adjustment.

[Code 1985, §76.625; CC 1990 §14-465]
Approved single-beam headlamps shall be so aimed that when the vehicle is not loaded none of the high intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.

Section 380.060 Multiple-Beam Headlamps — Arrangement.

[Code 1985, §76.630; CC 1990 §14-466]
A. 
Except as provided in this Article, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
1. 
There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.
2. 
There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high-intensity portion of the beam shall be directed to strike the eyes of an approaching driver.

Section 380.070 Dimming of Lights, When.

[Code 1985, §76.635; CC 1990 §14-467]
Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the time when lighted lamps are required, shall use a distribution of light, or composite beam directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.

Section 380.080 Taillamps, Reflectors.

[Code 1985 §76.640; CC 1990 §14-468]
A. 
Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which when lighted will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.
B. 
Every motorcycle when operated on a roadway of this City shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.
C. 
Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers when operated on a roadway, shall also carry at the rear at least two (2) approved red reflectors, at least one (1) at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this Article and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.

Section 380.090 Auxiliary Lamps — Number — Location.

[Code 1985, §76.645; CC 1990 §14-469]
Any motor vehicle may be equipped with not to exceed three (3) auxiliary lamps mounted on the front at a height not less than twelve (12) inches nor more than forty-two (42) inches above the level surface upon which the vehicle stands.

Section 380.100 Cowl, Fender, Running Board and Backup Lamps.

[Code 1985, §76.650; CC 1990 §14-470]
Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with not more than one (1) running board courtesy lamp on each side thereof which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp; except that no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.

Section 380.110 Spotlamps.

[Code 1985, §76.655; CC 1990 §14-471]
Any motor vehicle may be equipped with, not to exceed one (1) spotlamp but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.

Section 380.120 Colors of Various Lamps — Restriction of Red Lights.

[Code 1985, §76.660; CC 1990 §14-472]
Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowl-lamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle upon any street or highway with any lamp or device thereon displaying a red light visible from directly in front thereof.

Section 380.130 Limitations on Lamps Other Than Headlamps — Flashing Signals Prohibited Except on Specified Vehicles.

[Code 1985, §76.665; CC 1990 §14-473]
Any lighted lamp or illuminating device upon a motor vehicle other than headlamps, spotlamps, front direction signals or auxiliary lamps which projects a beam of light of an intensity greater than three hundred (300) candlepower shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof and on emergency vehicles as defined in Section 304.022, RSMo., but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn.

Section 380.140 Limitation on Total of Lamps Lighted at One Time.

[Code 1985, §76.670; CC 1990 §14-474]
At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle except when such vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with headlamps as in this Chapter required is also equipped with any auxiliary lamps or a spotlamp or any other lamp on the front thereof projecting a beam of intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a roadway of this City.

Section 380.150 Parked Vehicles — How Lighted — Exception.

[Code 1985, §76.675; CC 1990 §14-475]
A. 
Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (½) hour after sunset and a half (½) hour before sunrise and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway, no lights need be displayed upon such parked vehicle.
B. 
Whenever a vehicle is parked or stopped upon a highway or shoulder adjacent thereto, whether attended or unattended, during the hours between a one-half (½) hour after sunset and a one-half (½) hour before sunrise and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, a vehicle so parked or stopped shall be equipped with one or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of the lamps shall always be such that at least one lamp or combination of lamps meeting the requirements of this Section is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This Section does not apply to a motor-driven cycle. Any lighted headlamp upon a parked vehicle shall be depressed or dimmed.

Section 380.160 Other Vehicles — How Lighted.

[Code 1985 §76.680; CC 1990 §14-476]
All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors not in this Chapter specifically required to be equipped with lamps, shall be equipped during the time when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicle.

Section 380.170 Loads Which Might Become Dislodged to Be Secured.

[Code 1985, §76.590; CC 1990 §14-431]
All motor vehicles, and every trailer and semitrailer operating upon the public roadways of this City and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semitrailer as a result of wind pressure or air pressure and/or by the movement of the vehicle, trailer or semitrailer shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer or semitrailer while being transported or carried.

Section 380.180 Trucks or Truck-Tractors, Fenders or Mud Flaps Required.

[Code 1985, §76.595; CC 1990 §14-432]
It shall be unlawful for any person to operate upon the public roadway of this City a truck or truck-tractor trailer, without rear fenders, which is not equipped with mud flaps for the rear wheels. If mud flaps are used, they shall be wide enough to cover the full tread width of the tire or tires being protected; shall be so installed that they extend from the underside of the vehicle body in a vertical plane behind the rear wheels to within eight (8) inches from the ground; and shall be constructed of a rigid material or flexible material which is of a sufficiently rigid character to provide adequate protection when the vehicle is in motion. No provisions of this Section shall apply to a motor vehicle in transit and in process of delivery equipped with temporary mud flaps, to farm implements, or to any vehicle which is not required to be registered.

Section 380.190 Sound-Producing Signaling Devices.

[Code 1985, §76.685; CC 1990 §14-433]
Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.

Section 380.200 Muffler Cutouts.

[Code 1985, §76.690; CC 1990 §14-434]
Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.

Section 380.210 Brakes.

[Code 1985, §76.695; CC 1990 §14-435]
All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order. Motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.

Section 380.220 Mirrors.

[Code 1985, §76.700; CC 1990 §14-436]
All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.

Section 380.230 Projections on Vehicles.

[Code 1985, §76.705; CC 1990 §14-437]
All vehicles carrying poles or other objects which project more than five (5) feet from the rear of such vehicle, shall, during the period when lights are required by this Chapter, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.

Section 380.240 Towlines.

When one (1) vehicle is towing another, the connecting device shall not exceed fifteen (15) feet. During the time that lights are required by this Chapter, the required lights shall be displayed by both vehicles. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth-wheel type connection.

Section 380.250 Studded Tires, Prohibited When.

[Code 1985, §76.715; CC 1990 §14-439]
No person shall operate any motor vehicle upon any road of this City between the first (1st) day of April and the first (1st) day of November while the motor vehicle is equipped with tires containing metal or carbide studs.

Section 380.260 Rubber Tires.

[Code 1985, §91.050; CC 1990 §14-440]
No vehicle or combination of vehicles or heavy equipment, including track vehicles and earth moving equipment, shall be permitted to use or be moved or operated on any highway, street or alley in the City, unless such vehicles and equipment are moved or operated upon street pads or rubber tires.

Section 380.270 Altering Passenger Motor Vehicle by Raising Front or Rear of Vehicle Prohibited, When.

[Code 1985, §76.720; CC 1990 §14-441]
No person shall operate any passenger motor vehicle upon the public streets of this City, the body of which has been altered in such a manner that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the operator of the street or highway in front or to the rear of the vehicle.

Section 380.280 Bumpers, Front and Rear Required — When — Height.

Every motor vehicle which is licensed in this State and operated upon the public streets or highways of this City shall be equipped with front and rear bumpers if such vehicle was equipped with bumpers as standard equipment. This Section shall not apply to motor vehicles designed or modified primarily for off-highway purposes while such vehicles are in tow or to motorcycles or motor driven cycles, or to motor vehicles registered as historic motor vehicles when the original design of such vehicles did not include bumpers nor shall the provisions of this Section prohibit the use of drop bumpers. The Superintendent of the Missouri State Highway Patrol shall adopt rules and regulations relating to bumper standards. Maximum bumper heights of both the front and rear bumpers of motor vehicles shall be determined by weight category of gross vehicle weight rating (GVWR) measured from a level surface to the highest point of the bottom of the bumper when the vehicle is unloaded and the tires are inflated to the manufacturer's recommended pressure. Maximum bumper heights are as follows:
Maximum front bumper height
Maximum rear bumper height
Motor vehicles except commercial motor vehicles
22 inches
22 inches
Commercial motor vehicles (GVWR)
4,500 lbs and under
24 inches
26 inches
4,501 lbs through 7,500
27 inches
29 inches
7,501 lbs through 9,000 lbs
28 inches
30 inches

Section 380.290 Vision-Reducing Material Applied to Windshield or Windows Without Permit Prohibited.

[Code 1985, §76.730; CC 1990 §14-443]
No person shall operate without a permit granted because of physical disorder any motor vehicle on any public highway or street with any manufactured vision-reducing material applied to any portion of the motor vehicle's windshield, sidewings, or windows located immediately to the left and right of the driver which reduces visibility from within or without the motor vehicle. This Section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar screening material to recreational vehicles as defined in Section 700.010, RSMo., provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.

Section 380.300 Seat Belts.

[Code 1985, §76.360; CC 1990 §14-444; Ord. No. 519 §1, 1-13-1986; Ord. No. 573, 1-11-1988]
A. 
Except as otherwise provided in this Section, each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements, except that a child less than four (4) years of age shall be protected as required in Section 380.310.
B. 
Each driver of a motor vehicle transporting a child four (4) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt.
C. 
With respect to Subsections (A) and (B) of this Section:
1. 
No person shall be stopped, inspected or detained solely to determine compliance with Subsections (A) and (B) of this Section.
2. 
The provisions of Subsections (A) and (B) of this Section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about his/her body or to any person employed by the United States Postal Service while performing duties for that Federal Agency which require the operator to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles.
3. 
As used in Subsections (A) and (B) of this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor tricycles and trucks.
D. 
Each person who violates the provisions of Subsection (A) or (B) of this Section shall, upon conviction, be subject to a fine not to exceed ten dollars ($10.00) in amount. All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence. In no case shall points be assessed against any person, pursuant to Section 302.302, RSMo., for a violation of this Section.

Section 380.310 Passenger Restraint System Required for Children Under Four Years of Age — Exceptions, Violations, Fine.

A. 
Every person transporting a child under the age of four (4) years shall be responsible, when transporting such child in a motor vehicle operated by that person on the streets or highways of this State, for providing for the protection of such child. When traveling in the front seat of a motor vehicle the child shall be protected by a child passenger restraint system approved by the Department of Public Safety. When traveling in the rear seat of a motor vehicle the child shall be protected by either a child passenger restraint system approved by the Department of Public Safety or the vehicle's seat belt. When the number of child passengers exceeds the number of available passenger positions, and all passenger positions are in use, remaining children shall be transported in the rear seat of the motor vehicle.
B. 
Any person who violates this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than twenty-five dollars ($25.00) and court costs.

Section 380.320 Exemptions.

[Code 1985, §76.605; CC 1990 §14-445]
The provisions of this Chapter with respect to equipment and lights on vehicles shall not apply to agricultural machinery and implements, road machinery, road rollers, traction engines or farm tractors except as in this Chapter made applicable.

Section 380.330 Regulations Concerning the Use of Communication Equipment in Motor Vehicles Capable of Monitoring Police Frequencies.

[Ord. No. 921 §16.239, 9-12-1994]
No person shall equip any motor vehicle with any appliance or equipment which may be operated on an ultra-high-frequency radio receiving set, or with a communication device tuned, fixed or tunable to receive or transmit messages on any frequency used by the Police Department, or have or use the same in any motor vehicle in this City, unless such motor vehicle is used or owned by a Police Officer, police agency or other person whose bona fide duty is to execute, process, make arrests or aid in conserving public peace, without first securing a permit to do so from the Chief of Police, upon application made to him, upon such form as he may prescribe.