Quiet our streets, please!
IN THE LEGISLATURE ASSEMBLED:
A BILL
By _________________for him/herself and __________________________________________
_______________________________________________________________________________
To control vehicular noise pollution and for other purposes.
Be it enacted by the Legislature assembled, to become effective upon signature by the Governor etc.:
Title: VEHICULAR NOISE REDUCTION ACT
Definition: Nonconforming Audio Equipment: Any device or combination of devices operated from within, on, or powered by any one vehicle, for the purpose of generating sound, whose total peak rated output exceeds 101 watts, or in the lack of such rating, whose total RMS rated output exceeds 33 watts, except the horn system and the alarm system defined as follows:
HORN SYSTEM: Those devices which, in accord with applicable sections of the Motor Vehicle Code, are designed to sound an emergency warning when, and only when, a momentary-contact switch near the driver is actuated, and which self-silences within 10 seconds after the switch is released, and whose output below 120 Hz is less than 5% of the total.
ALARM SYSTEM: Those devices which are designed to sound an emergency warning when, and only when, the vehicle, driver, cargo, or passenger is threatened, and which cannot be actuated through any manual control (whether within the passenger compartment or carried upon someone’s person) other than a momentary-contact switch, and which self-silences 120 seconds or less after being triggered, and whose output below 120 Hz is less than 5% of the total.
- No person shall operate, from within, upon, attached to, or powered from, a vehicle registered under the laws of this state, Nonconforming Audio Equipment, except at sites specifically authorized for loud noise such as stadiums, permitted events, approved sound laboratories, rail yards, and industrial zones.
- No vehicle registered under the laws of this state shall, except by permit, have within or upon it, Nonconforming Audio Equipment that is in playable status.
- Sound coming from a vehicle in violation of any noise ordinance shall constitute reasonable suspicion for enforcement purposes that Nonconforming Audio Equipment may be present.
- No emissions inspection station authorized to certify compliance with emissions laws shall approve any vehicle in or on which unpermitted Nonconforming Audio Equipment is present, whether in playable status or not and whether installed or not.
- Nonconforming Audio Equipment may be transported within or upon a vehicle if all of the following conditions are met:
- The vehicle is not in the process of undergoing an emissions inspection for registration purposes.
- No power cable connects the equipment to a power source (simply shutting the power switch off does not satisfy this requirement).
- The equipment batteries, if any, are uninstalled.
- The equipment itself is uninstalled, that is, freely removable from the vehicle without having to disengage screws, bolts, rivets, or clips; and its controls are not accessible to the driver from the driver’s seat.
- In the case of equipment that exists in sections, the sections are disconnected from one another.
- In the case of equipment that can play from removable media, no media is present within any playing slot, compartment, or receptacle.
- Effect on other law:
- Nothing in this Act shall preclude or reduce the applicability of or penalties specified by any other law, regulation, or ordinance that may be applicable in the case of noise emanating from the Nonconforming Audio Equipment.
- Nothing in this Act shall confer upon other audio equipment legal protection that it does not now enjoy.
- Penalties:
- A vehicle presented to a certified emissions inspection facility, and found to contain equipment in violation of this Act, whether in playable status or not, and whether installed or not, shall be denied emissions certification.
- An entity that has a business license of this state and that installs, for pay and without a permit for the specific installation, Nonconforming Audio Equipment into any vehicle registered in this State, shall be subject to a fine of up to $4000.00 per vehicle for all the installations performed in that vehicle during any one calendar month.
- Anyone who operates Nonconforming Audio Equipment from within, on, attached to, or powered from a vehicle registered under the laws of this state shall be guilty of a misdemeanor.
- A vehicle found to contain equipment in violation of this Act, whether operating or not, shall be eligible for am improper-equipment citation.
- A vehicle presented to a certified emissions inspection facility, and found to contain equipment in violation of this Act, whether in playable status or not, and whether installed or not, shall be denied emissions certification.
An entity that has a business license of this state and that installs, for pay and without a permit for the specific installation, Nonconforming Audio Equipment into any vehicle registered in this State, shall be subject to a fine of up to $4000.00 per vehicle for all the installations performed in that vehicle during any one calendar month.
- Anyone who owns and operates Nonconforming Audio Equipment from within, on, attached to, or powered from a vehicle registered under the laws of this state shall forfeit the equipment to the State Department of Environmental Quality.
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