Section 42. Whoever uses a radio or boom box, so-called, or similar broadcasting equipment without the use of earphones or other apparatus on a public conveyance used for the common carriage of persons, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than one month. Evidence seized pursuant to this section shall be sold at public auction and the proceeds therefrom may be applied against outstanding fines and court costs.