CHAPTER 399

FORMERLY

SENATE BILL NO. 165

AS AMENDED BY

SENATE AMENDMENT NOS. 1,2 & 4, HOUSE AMENDMENT NOS. 1,3 & 4

AND

SENATE AMENDMENT NO. 5

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO UNLAWFUL USE OF SOUND DEVICES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §4306, Title 21, Delaware Code by adding thereto the following:

“(c) No person operating or occupying a motor vehicle on any street, highway, alley, or parking lot shall operate or permit the operation of any music amplification system, including, but not limited to, any radio, tape player, compact disc player, or any other electrical device used for the amplification of music in or on the motor vehicle so that the sound is plainly audible at a distance of fifty or more feet from the vehicle. For the purpose of this subsection, ‘plainly audible’ means any sound which clearly can be heard by unaided hearing faculties, however, words or phrases need not be discernible and bass reverberation alone shall be sufficient to so constitute.

(d) Subsection (c) of this section shall not apply to those in a parade which has been issued a permit nor to commercially licensed vendors in the legitimate operation of their businesses.”.

(e) Subsection (c) of this section shall not apply to any municipality of this State with a population in excess of 50,000 which has an ordinance addressing noise violations of that type. In the event that any such municipality repeals its ordinance without substituting requirements at least as restrictive as those found in subsection (c), then the provisions of subsection (c) shall take effect within that municipality.

Section 2. Amend §4315(b), Title 21, Delaware Code by inserting between “title” and “shall” therein the following:

“except for §4306(c) of this Title”.

Section 3. Amend §4315(b), Title 21, Delaware Code by adding thereto the following:

“Whoever violates §4306(c) of this Title shall be subject to a fine of at least $50 and not to exceed $250. For each subsequent offense such person shall be subject to a fine of at least $125 and not to exceed $500.”.

Section 4. This Act shall become law upon enactment, however for the first 60 days following its enactment into law violators shall be warned for educational purposes and not cited under this Act.”.

Approved July 22, 2004