A. Muffler System Required: It shall be unlawful for any person to operate, or permit the operation of, any motor driven watercraft on any public waters within Kootenai County unless such motor driven watercraft is equipped at all times with a muffler or a muffler system in good working order and in constant operation and effectively installed to prevent any excessive or unusual noise.
B. Muffler, Muffler System Defined: For the purposes of this section, "muffler" or "muffler system" shall mean a sound suppression device or system, underwater exhaust system, or other device or system which is designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise.
C. Noise Levels Generally: It shall be unlawful for any person to operate, or permit the operation of, any motor driven watercraft on any public waters within Kootenai County in such a manner as to exceed the following noise levels:
1. For motor driven watercraft manufactured before January 1, 1995, a noise level of ninety (90) dBA when subjected to a stationary sound level test as prescribed by SAE J2005;
2. For motor driven watercraft manufactured on or after January 1, 1995, a noise level of eighty eight (88) dBA when subjected to a stationary sound level test as prescribed by SAE J2005.
D. Noise Levels; Public Waters Greater Than Five Hundred Feet In Width: It shall be unlawful for any person to operate, or permit the operation of, any motor driven watercraft on any public waters within Kootenai County, which is more than five hundred feet (500') in width, in such a manner as to exceed a noise level of seventy five (75) dBA measured as specified in SAE J1970; provided, that such measurement shall not preclude a stationary sound level test as prescribed by SAE J2005.
E. Altered Mufflers Prohibited: No person shall operate, or give permission for the operation of, any motor driven watercraft on any public waters within Kootenai County that is equipped with an altered muffler or a muffler cutout, bypass or other device designed or so installed so that it can be used to continually or intermittently bypass or otherwise reduce or eliminate the effectiveness of any muffler or muffler system installed in accordance with the provisions of this section.
F. Muffler Removal, Alteration, Modification Prohibited: No person shall remove, alter or otherwise modify in any way a muffler or muffler system in a manner which will prevent it from being operated in accordance with the provisions of this section.
G. Amplification Device Prohibited: No engine or motor shall be equipped with any device designed to amplify the sound of the exhaust.
H. Noise Level Compliance Required; Exemption: No person shall manufacture, sell or offer for sale any motor driven watercraft unless it is equipped with a muffler or muffler system which complies with subsection C of this section. This subsection shall not apply to motor driven watercraft designed, manufactured and sold for the sole purpose of competing in racing events and for no other purpose.
I. Marine Event Exemption: The provisions of this section shall not apply to motor driven watercraft registered and actually participating in an authorized marine event pursuant to a valid marine event permit issued by the sheriff.
J. Noise Level Test: Any peace officer who has reason to believe that a motor driven watercraft is not in compliance with the noise levels established in this section may direct the owner or operator of such motor driven watercraft to submit the motor driven watercraft to an on site test to measure noise levels, with the officer on board if such officer chooses, and the owner or operator shall comply with such request. The sheriff may, by order, set a fee for such test not to exceed the actual cost of administration of the test. If such motor driven watercraft exceeds the decibel levels established in this section, or if the owner or operator refuses to submit the motor driven watercraft to an on site test, the officer may direct the owner or operator to take immediate and reasonable measures to abate the violation, or to compel submission to an on site test, including, without limitation:
1. Ordering the mooring of the motor driven watercraft, and requiring that it continue to be moored or removed from the water;
2. Ordering the removal of the motor driven watercraft from the water; or
3. Ordering the impoundment of the motor driven watercraft until such time as the owner or operator agrees to submit the motor driven watercraft to an on site test as required in this subsection. The registered owner of any such motor driven watercraft shall be liable for all towing fees, storage fees and any other expenses reasonably incurred as a result of such impoundment, and the county shall have a lien against the motor driven watercraft for any unpaid fees.
No motor driven watercraft ordered moored, removed from the water or impounded pursuant to this subsection shall be operated on any public waters within Kootenai County until a test is conducted which confirms that the motor driven watercraft is in compliance with subsection C of this section. This test may be conducted by any tester capable of conducting the test according to the requirements set forth in the standards referenced in subsection C of this section.
K. Penalties:
1. The first violation of any provision of this section shall constitute an infraction.
2. A second violation of any provision of this section occurring within one year of the first violation shall also constitute an infraction.
3. A third violation, and any subsequent violations, of any provision of this section occurring within one year of the second violation shall constitute a misdemeanor.
4. The failure or refusal to comply with any order lawfully made by a peace officer pursuant to subsection J of this section shall constitute a misdemeanor. (Ord. 379, 8-30-2006; amd. Ord. 571, 10-19-2021)