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.