S 0929 General Bill, By Scott
 A BILL TO AMEND CHAPTER 7, TITLE 16 OF THE 1976 CODE, BY ADDING SECTION
 16-7-180, TO PROVIDE THAT IT IS UNLAWFUL TO PLAY OR OPERATE ANY RADIO OR OTHER
 APPARATUS MAKING OR REPRODUCING MUSIC IN A MANNER THAT IS CLAMOROUS, NOISY, OR
 AUDIBLE OUTSIDE OF A MOTOR VEHICLE, IN THE PUBLIC STREETS, OR IN ANY
 RESIDENCE, AND TO PROVIDE PENALTIES.

   12/12/07  Senate Prefiled
   12/12/07  Senate Referred to Committee on Judiciary
   01/08/08  Senate Introduced and read first time SJ-68
   01/08/08  Senate Referred to Committee on Judiciary SJ-68
   01/15/08  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Massey

TO AMEND CHAPTER 7, TITLE 16 OF THE 1976 CODE, BY ADDING SECTION 16-7-180, TO PROVIDE THAT IT IS UNLAWFUL TO PLAY OR OPERATE ANY RADIO OR OTHER APPARATUS MAKING OR REPRODUCING MUSIC IN A MANNER THAT IS CLAMOROUS, NOISY, OR AUDIBLE OUTSIDE OF A MOTOR VEHICLE, IN THE PUBLIC STREETS, OR IN ANY RESIDENCE, AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 7, Title 16 of the 1976 Code is amended by adding:

"Section 16-7-180.    (A)    It shall be unlawful for any person to play, operate, or cause to be played or operated, any radio or other apparatus making or reproducing musical or other artificial sounds in such a manner as to be clamorous, noisy, or audible outside of a motor vehicle, in the public streets, or in any residence or building or enclosure used in whole or in part for residential purposes.

(B)    A person adjudicated to be in violation of this section must

be fined not more than five hundred dollars and not less than two hundred dollars, no part of which may be suspended, for any one incident. No court costs, assessments, or surcharges may be assessed against a person who violates this section. A violation of this section does not constitute a criminal offense. If a person violates this section by causing music to be clamorous, noisy, or audible outside of a motor vehicle, the violation must not be:

(1)    included in the offender's motor vehicle records maintained by the Department of Motor Vehicles or in the criminal records maintained by SLED; or

(2)    reported to the offender's motor vehicle insurer."

SECTION    2.    This act takes effect upon approval by the Governor.