Chapter 194

Chapter 194

2003 -- S 1199

Enacted 07/11/03






     Introduced By: Senators Damiani, and Polisena

     Date Introduced: July 02, 2003



It is enacted by the General Assembly as follows:


     SECTION 1. Title 11 of the General Laws entitled "Criminal Offenses" is hereby

amended by adding thereto the following chapter:

     CHAPTER 45.1


     11-45.1-1. Declaration of policy. It is hereby declared to be the policy of the state to

prohibit unreasonable, excessive and annoying noise levels from all sources subject to its police

power. At certain levels, low frequency sound (between 100-20 cps) when substantially

amplified, often referred to as sub-woofer frequency, can be extremely penetrating, disturbing

and poses a danger to the health and safety of the individual using equipment creating the sound,

and to other individuals in the immediate area from which the sound is being generated. The

noise being generated may originate from radios, CD players, DVD players, tape players,

televisions and other audio-producing equipment.

     11-45.1-2. Violations of acceptable noise levels. It shall be unlawful for any person to

operate any equipment as set forth in section 11-45.1-1 from which the sound created by this

equipment is capable of penetrating a closed vehicle from twenty (20) feet away from the location

at which the sound is being generated, or heard from one hundred (100) feet away by a person

outside from which the sound is originating. This section shall include, but not be limited to,

sound electronically generated by autos, trucks, motor homes, mobile homes, houses, apartment

buildings, condominiums, commercial buildings, or from any type of portable sound producing

equipment that can be carried or placed outdoors which through its operation exceeds the

provision of this chapter. All state and municipal vehicles shall be exempt from the provisions of

this chapter, nor any person firm, corporation or other legal entity which holds a valid state or

municipal entertainment license to sponsor a parade, carnival or other similar special event.

     11-45.1-3. Penalties. Any person who violates the provisions of this chapter shall, upon

conviction, be subject to a fine in the amount of one hundred dollars ($100) for a first offense,

two hundred dollars ($200) for a second offense, and three hundred dollars ($300) for the third

and any subsequent offense.

     SECTION 2. This act shall take effect upon passage.