§ 73.052 MUFFLERS.
   (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 which does not produce 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 so as to exceed a noise level of 75 decibels measured as specified by the Society of Automotive Engineers in its procedure J1970 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 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 under a permit issued 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 subsections (A) or (B) of this section:
      (1)   Shall be required to install an effective muffler system on the motorboat in violation;
      (2)   Shall be required to 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)   Is subject to the misdemeanors set forth in § 73.999.
   (G)   Any person violating subsection (C) of this section:
      (1)   Shall be required to install an effective muffler system on the motorboat in violation;
      (2)   Shall be required to 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)   Is subject to the offense set forth in § 73.999.
   (H)   Any person who operates any motorboat upon the waters of this state shall be deemed to have given consent to the test or tests prescribed in this section or by the Department to determine if the motorboat is in compliance with the provisions of this section.
(1977 Code, § 3:5-2) (Ord. passed 8-11-1992) Penalty, see § 73.999