HF 86

1st Engrossment - 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; proposing coding for new law in 
  1.5             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.] 
  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.] (a) It is unlawful for a motor 
  1.15  vehicle owner to be present while a sound-producing device is 
  1.16  being operated in or on the owner's motor vehicle in a manner 
  1.17  that unreasonably disturbs the peace and quiet of a person 
  1.18  nearby. 
  1.19     (b) It is unlawful 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 unlawful 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.  [EXCEPTIONS.] This section does not apply to the 
  2.6   operation of: 
  2.7      (1) antitheft devices in motor vehicles; or 
  2.8      (2) sound-producing devices in authorized emergency 
  2.9   vehicles. 
  2.10     Subd. 5.  [EFFECT ON LOCAL ORDINANCES.] Nothing in 
  2.11  subdivisions 1 to 4 supersedes or precludes the continuation or 
  2.12  adoption of a local ordinance that provides for more stringent 
  2.13  regulation of the subject matter in subdivisions 1 to 4. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective August 1, 1997, and applies to 
  2.16  offenses committed on or after that date.