Hello Everyone,
Evelyn here.
There has been much speculation about the Florida statue
and law governing noise pollution of boom car drivers - drivers who turn their
car stereos up loudly enough to be serious public and private nuisance. Below
is the answer.
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The 2007 Florida Statutes
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316.3045
Operation of radios or other mechanical sound making devices or instruments
in vehicles; exemptions.--
(1) It is
unlawful for any person operating or occupying a motor vehicle on a street
or highway to operate or amplify the sound produced by a radio, tape
player, or other mechanical sound making device or instrument from within
the motor vehicle so that the sound is:
(a) Plainly
audible at a distance of 25 feet or more from the motor vehicle; or
(b) Louder
than necessary for the convenient hearing by persons inside the vehicle in
areas adjoining churches, schools, or hospitals.
(2) The
provisions of this section shall not apply to any law enforcement motor
vehicle equipped with any communication device necessary in the performance
of law enforcement duties or to any emergency vehicle equipped with any
communication device necessary in the performance of any emergency procedures.
(3) The
provisions of this section do not apply to motor vehicles used for business
or political purposes, which in the normal course of conducting such
business use sound making devices. The provisions of this subsection shall
not be deemed to prevent local authorities, with respect to streets and
highways under their jurisdiction and within the reasonable exercise of the
police power, from regulating the time and manner in which such business
may be operated.
(4) The
provisions of this section do not apply to the noise made by a horn or
other warning device required or permitted by s. 316.271. The Department of Highway Safety and
Motor Vehicles shall promulgate rules defining "plainly audible"
and establish standards regarding how sound should be measured by law
enforcement personnel who enforce the provisions of this section.
(5) A
violation of this section is a noncriminal traffic infraction, punishable
as a nonmoving violation as provided in chapter 318.
History.--s. 1, ch. 90-256; s. 220, ch.
99-248; s. 9, ch. 2005-164.
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Evelyn out.
