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A00782 Summary:

BILL NOA00782
 
SAME ASSAME AS S01620
 
SPONSORBerger
 
COSPNSR
 
MLTSPNSR
 
Add §397-d, V & T L
 
Restricts amplified sound coming from motor vehicles; allows for exceptions for certain police vehicles and certain vehicles used for business or political purposes.
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A00782 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           782
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced by M. of A. BERGER -- read once and referred to the Committee
          on Transportation
 
        AN  ACT to amend the vehicle and traffic law, in relation to restricting
          amplified sound coming from motor vehicles
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  section 397-d to read as follows:
     3    § 397-d. Restrictions on the operation  of  sound  making  devices  or
     4  instruments  in motor vehicles. 1. It shall be prohibited for any person
     5  operating or occupying a motor vehicle on a street or highway to operate
     6  or amplify the sound produced by a radio, tape player, or other  mechan-
     7  ical  sound making device or instrument from within the motor vehicle so
     8  that such sound is:
     9    (a) plainly audible at a distance of twenty-five feet or more from the
    10  motor vehicle; or
    11    (b) louder than necessary for the convenient hearing by persons inside
    12  the vehicle in areas in proximity to churches,  schools,  hospitals  and
    13  public parks.
    14    2.  The provisions of this section shall not apply to any law enforce-
    15  ment motor vehicle equipped with any communication device  necessary  in
    16  the  performance  of  law enforcement duties or to any emergency vehicle
    17  equipped with any communication device necessary in the  performance  of
    18  any emergency procedures.
    19    3.  The  provisions  of this section shall not apply to motor vehicles
    20  used for business or political purposes, which in the normal  course  of
    21  conducting  such  business  use  sound making devices. The provisions of
    22  this subdivision shall not be deemed to prevent local authorities,  with
    23  respect  to streets and highways under their jurisdiction and within the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00965-01-5

        A. 782                              2
 
     1  reasonable exercise of police power, from regulating the time and manner
     2  in which such business may be operated.
     3    4. The provisions of this section shall not apply to the noise made by
     4  a  horn or other warning device equipped in a motor vehicle. The depart-
     5  ment shall promulgate rules defining "plainly audible"  and  "convenient
     6  hearing"  and establish standards regarding how sound should be measured
     7  by law enforcement personnel who enforce the provisions of this section.
     8    5. A violation of this section shall be  an  unclassified  misdemeanor
     9  punishable  by  a fine of forty dollars for the first offense, a fine of
    10  one hundred dollars for the second and third offense, and a fine of  two
    11  hundred  dollars and possible confiscation of the vehicle for each addi-
    12  tional subsequent offense.
    13    § 2. This act shall take effect immediately.
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