MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Judiciary B

By: Representative Turner, Akins, Aldridge, Baker (8th), Barnett, Bondurant, Bounds, Carlton, Chism, Ellington, Fillingane, Formby, Gunn, Hamilton (109th), Howell, Ishee, Janus, Masterson, Mayhall, Moore, Montgomery, Nicholson, Parker, Reed, Rogers (14th), Snowden, Stevens, Sullivan, Vince, Ward

House Bill 535

AN ACT TO PROHIBIT EXCESSIVE NOISE FROM MOTOR VEHICLES; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  (1)  No person operating or occupying a motor vehicle on any public street, highway, alley, parking lot or driveway shall operate or permit the operation of any sound amplification system including, but not limited to, any radio, tape player, compact disc player, loud speaker or any other electrical device used for the amplification of sound from within the motor vehicle so that the sound is plainly audible at a distance of fifty (50) or more feet from the vehicle.  For the purpose of this section, "plainly audible" means any sound which clearly can be heard, by unimpaired auditory senses based on a direct line of sight of fifty (50) or more feet, however, words or phrases need not be discernible and such sound shall include bass reverberation.

     (2)  This section shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by a municipal or county government or any utility company, for sound emitted unavoidably during a job-related operation, school or community sponsored activities, auctioneers or auctioning activities, boats or other watercrafts operated on waters or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of a municipal or county government.

     (3)  A violation of this act is a misdemeanor punishable by a fine of up to One Hundred Dollars ($100.00).

     SECTION 2.  It is not the intent of this section to prohibit any right guaranteed by the United States Constitution and state Constitution, including freedom of speech and freedom of religion.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2005.