MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary B

By: Representative Comans

AN ACT TO REGULATE AND RESTRICT THE VOLUME OF RADIOS OR ANY SOUND AMPLIFICATION SYSTEM IN MOTOR VEHICLES; TO AMEND SECTION 97-35-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE OPERATION OF ANY SOUND AMPLIFICATION SYSTEM THAT DISTURBS THE PUBLIC PEACE IS A MISDEMEANOR; AND FOR RELATED PURPOSES.  

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) It shall be unlawful for any person to cause, or to allow another to cause, a stereo or any other type radio device or sound amplification system in, on or about a motor vehicle to increase in volume to such an extent that it can be heard by another person while inside an enclosed vehicle or by a pedestrian who is more than fifty (50) feet away from the vehicle.

(2) This section shall apply to the public roads, streets and highways of this state and any place where the public is invited.

(3) This section shall not apply to law enforcement, fire department, ambulance/emergency or gas, electric, communications or water utility personnel while acting within the scope of their duties.

SECTION 2. Section 97-35-15, Mississippi Code of 1972, is amended as follows:

97-35-15. (1) Any person who disturbs the public peace or the peace of others by violent or loud or insulting or profane or indecent or offensive or boisterous conduct or language or by intimidation or seeking to intimidate any other person or persons or by conduct either calculated to provoke a breach of the peace or by conduct that may lead to a breach of the peace or by any other act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail not more than six (6) months, or both.

(2) (a) While upon public property or private property which is available to the public, any person who disturbs the public peace by operating or carrying a sound amplification system which is producing loud noises or by operating a vehicle with a sound amplification system that is producing sounds which can be heard outside the vehicle from fifty (50) or more feet, unless that system is being operated to request emergency assistance or warn of a hazardous situation, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) and by imprisonment in the county jail not less than ninety (90) days nor more than six (6) months.

(b) This subsection does not apply to persons who, within the scope of their duties, are operating authorized emergency vehicles or vehicles belonging to gas, electric, communications or water utilities. This subsection does not apply to the sound system of vehicles used for advertising or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution.

(3) The provisions of this section are supplementary to the provisions of any other statute of this state.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.