EXHAUST MUFFLERS
Every vessel with an engine must be equipped with a muffler system in good working order and in constant operation to prevent excessive noise.
A vessel must not exceed these following noise levels:
- Measured from 50 feet of the shoreline:
- for all vessels, an operational noise level of 86 decibels (dbA) or...
- Measured using a stationary test:
- for engines manufactured before January 1, 1993, a noise level of 90 dbA ;
- for engines manufactured on or after January 1, 1993, a noise level of 88 dbA , or
- from the shoreline using a stationary sound level test, a noise level of 75 dbA
- The exhaust of every internal combustion engine used on any motorboat must be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
- The use of cutouts is prohibited.
- Does not apply to:
- Approved motorboats competing in a regatta or boat race;
- Such motorboats while on trial runs between the hours of 9 a.m. and 5 p.m. and during a period not to exceed 48 hours immediately preceding the regatta or boat race;
- Such motorboats while competing in official trials for speed records during a period not to exceed 48 hours immediately following the regatta or boat race; or
- Any motorboat operating under a separate permit issued by the Department for tuning engines, making test or trial runs or competing in official trials for speed records other than in connection with regattas or boat races.
- The Department may issue permits under such conditions and restrictions as the Commission determines necessary to prevent a public nuisance and to assure the public safety.
Enforcement
A peace officer authorized to enforce the provisions of this section who has reason to believe that a motorboat is being operated in violation of the noise levels established in this section may direct the operator of the motorboat to submit the motorboat to an on-site test to measure noise level. An operator of a motorboat who receives a request from a peace officer pursuant to this subsection to test the noise level of the motorboat shall allow the motorboat to be tested. If, based on a test to determine the noise level of a motorboat administered pursuant to this section, the noise level of the motorboat exceeds the decibel levels established in this section, the peace officer shall direct the operator of the motorboat to take immediate and reasonable measures to correct the violation, including, without limitation, returning the motorboat to a mooring and keeping the motorboat at the mooring until the motorboat no longer operates in violation of this law.
A copy of the conditions and restrictions for conducting a test of noise levels to determine if a motorboat is in violation of the maximum noise levels set forth in this section may be obtained free of charge from the main or any regional office of the Department. |