HF 86

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to traffic regulations; restricting the use 
  1.3             of certain radios and other sound-producing devices in 
  1.4             or on motor vehicles; prescribing a penalty; proposing 
  1.5             coding for new law in Minnesota Statutes, chapter 169. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [169.694] [UNLAWFUL USE OF SOUND-PRODUCING 
  1.8   DEVICES IN MOTOR VEHICLES; PENALTY.] 
  1.9      Subdivision 1.  [DEFINITION.] As used in this section, 
  1.10  "sound-producing device" means a machine or device designed to 
  1.11  produce or reproduce sound and includes, but is not limited to, 
  1.12  a radio receiving set, tape or disc player, musical instrument, 
  1.13  phonograph, or paging system. 
  1.14     Subd. 2.  [UNLAWFUL ACTS; PENALTY.] (a) It is a misdemeanor 
  1.15  for a motor vehicle owner to be present while a sound-producing 
  1.16  device is being operated in or on the owner's motor vehicle in a 
  1.17  manner that unreasonably disturbs the peace and quiet of a 
  1.18  person nearby. 
  1.19     (b) It is a misdemeanor for any person to operate or be in 
  1.20  actual physical control of a motor vehicle in or on which a 
  1.21  sound-producing device is being operated in a manner that 
  1.22  unreasonably disturbs the peace and quiet of a person nearby. 
  1.23     (c) It is a misdemeanor for any person to operate a 
  1.24  sound-producing device in a motor vehicle in a manner that 
  1.25  unreasonably disturbs the peace and quiet of a person nearby. 
  2.1      Subd. 3.  [PRIMA FACIE EVIDENCE OF VIOLATION.] The 
  2.2   operation of a sound-producing device in a manner that makes it 
  2.3   plainly audible at a distance of 50 feet from the motor vehicle 
  2.4   is prima facie evidence of a violation of this section. 
  2.5      Subd. 4.  [EFFECT ON LOCAL ORDINANCES.] Nothing in 
  2.6   subdivisions 1 to 3 supersedes or precludes the continuation or 
  2.7   adoption of a local ordinance that provides for more stringent 
  2.8   regulation of the subject matter in subdivisions 1 to 3. 
  2.9      Sec. 2.  [EFFECTIVE DATE.] 
  2.10     Section 1 is effective August 1, 1997, and applies to 
  2.11  offenses committed on or after that date.