(as of June 1999)
A. All motorboats shall be equipped and maintained with an effective
muffler or
underwater exhaust system. For the purpose of this Section, an
effective muffler or
underwater exhaust system is one that does not produce sound levels
that create excessive
or unusual noise, or sound levels that are in excess of 90 decibels
when subjected to a stationary
sound level test as prescribed by the Society of Automotive Engineers
in its procedure J2005.
B. No person may operate a motorboat on the waters of this State in a
manner to exceed a
noise level of 75 decibels measured as specified in the Society of
Automotive Engineers in its
procedure Jl970 from any point on the shoreline, or from any point on
the water within 20 feet
of the shoreline, of the body of water on which the motorboat is
being operated.
C. No person may manufacture or offer for sale any motorboat for use on
the waters of this
State if that motorboat cannot be operated in compliance with the
sound levels in subsections
A and B above.
D. The provisions of this Section shall apply to all public waters over
which the State has
jurisdiction.
E. This Section does not apply to:
(1) a motorboat tuning up for or participating in official trials for a
sanctioned race or
regatta conducted as authorized by the appropriate unit of
government, or
(2) a motorboat being operated by a boat or marine engine manufacturer
for the purpose
of testing or development as authorized by the appropriate unit of
government.
F. Any person violating subsection A or B of this Section shall be required to:
(1) install an effective muffler system on the motorboat in violation;
(2) pass the sound level test prescribed by the Society of Automotive
Engineers in its
procedure J2005 before putting the motorboat back into use; and
(3) be subject to a Class B misdemeanor for the first offense and a
Class A misdemeanor
for any subsequent offense occurring within 3 years of the date of
the most recent offense.
G. Any person violating subsection C of this Section shall be required to:
(1) install an effective muffler system on the motorboat in violation;
(2) pass thc sound level test prescribed by thc Society of Automotive
Engineers in its
procedure J2005 before putting the motorboat back into use; and
(3) be subject to a Class A misdemeanor for the first offense and a
Class 4 felony for any
subsequent offense.