S-3181

AN ACT Relating to vehicle noise; amending RCW 46.63.020; adding new sections to chapter 46.61 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as follows:

(1) A person commits the offense of causing unreasonable sound amplification from a vehicle if the person operates, or permits the operation of, a sound amplification system that is plainly audible outside a vehicle from fifty or more feet when the vehicle is on a public highway or on premises open to the public, unless the system is being operated to request assistance or warn of a hazardous situation.

(2) Subsection (1) of this section does not apply to:

(a) Authorized emergency vehicles;

(b) Vehicles operated by public service companies as defined under RCW 80.04.010;

(c) Sound systems of vehicles used for advertising, or in parades, political, or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution;

(d) Audio alarm systems installed in vehicles; or

(e) Two-way radio communications systems licensed by the Federal Communications Commission.

(3) As used in subsection (1) of this section "plainly audible" means a sound for which the information content of that sound is unambiguously communicated to the listener, including but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, or comprehensible musical rhythms or vocal sounds.

NEW SECTION. Sec. 2. A new section is added to chapter 46.61 RCW to read as follows:

A person otherwise found to have committed an infraction under section 1 of this act commits a misdemeanor if the person has been found to have committed three or more violations of section 1 of this act within twelve months immediately before the commission of the offense.

Sec. 3. RCW 46.63.020 and 1991 c 339 s 27 are each amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

(4) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

(9) RCW 46.16.381 (6) or (8) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

(10) RCW 46.20.021 relating to driving without a valid driver's license;

(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

(14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

(15) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(16) RCW 46.25.170 relating to commercial driver's licenses;

(17) Chapter 46.29 RCW relating to financial responsibility;

(18) RCW 46.30.040 relating to providing false evidence of financial responsibility;

(19) RCW 46.37.435 relating to wrongful installation of sunscreening material;

(20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

(21) RCW 46.48.175 relating to the transportation of dangerous articles;

(22) RCW 46.52.010 relating to duty on striking an unattended car or other property;

(23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

(24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

(25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

(26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

(27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

(28) RCW 46.55.035 relating to prohibited practices by tow truck operators;

(29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

(30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

(31) RCW 46.61.022 relating to failure to stop and give identification to an officer;

(32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

(33) RCW 46.61.500 relating to reckless driving;

(34) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

(35) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

(36) RCW 46.61.522 relating to vehicular assault;

(37) RCW 46.61.525 relating to negligent driving;

(38) RCW 46.61.530 relating to racing of vehicles on highways;

(39) Section 2 of this act relating to multiple violations of causing unreasonable sound amplification from a vehicle;

(40) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

((~~(40)~~)) (41) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(41)~~)) (42) RCW 46.64.020 relating to nonappearance after a written promise;

((~~(42)~~)) (43) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(43)~~)) (44) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(44)~~)) (45) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

((~~(45)~~)) (46) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(46)~~)) (47) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(47)~~)) (48) Chapter 46.82 RCW relating to driver's training schools;

((~~(48)~~)) (49) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

((~~(49)~~)) (50) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.