(A) (1) Subject to division (B) below, a person shall not operate a motorboat on the waters of the city unless the motorboat is equipped and maintained with an effective muffler or underwater exhaust system that does not produce sound levels in excess of 90 db(A) when subjected to a stationary sound level test as prescribed by SAE J2005 or a sound level in excess of 75 db(A) when subjected to a shoreline sound level measurement procedure as described by SAE J1970. The operator of a motorboat shall present the motorboat for a sound level test as prescribed by SAE J2005 upon the request of a peace officer. If a motorboat is equipped with more than one motor or engine, the test shall be performed with all motors or engines operating. To determine whether a person is violating this division (A), a peace officer may measure sound levels pursuant to procedures prescribed in SAE J1970, issued 1991-92.
(2) If these decibel levels are modified by the state, then those amendments are herein incorporated by reference and all of the following apply.
(a) A person shall not operate a motorboat on the waters of the city if the motorboat produces sound levels that exceed the maximum decibel level or levels established under this chapter.
(b) The operator of a motorboat shall present the motorboat for the sound level test established pursuant to this chapter upon the request of a peace officer.
(c) A motorboat equipped with more than one motor or engine shall be tested with all motors or engine operating.
(B) Division (A) above does not apply to any of the following:
(1) A motorboat being operated by a boat or marine engine manufacturer for the purpose of testing or development;
(2) A motorboat that qualifies as an historic vessel; or
(3) A motorboat tuning up or testing for or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by a unit of government.
(C) A person shall not operate on the waters of the city a motorboat that is equipped with a cutout, bypass, amplifier or other similar device.
(D) As used in this section, db(A) means decibels on the “A” scale on a sound meter having characteristics of a general purpose sound meter as defined by American National Standards Institute S1.4.-1983.
(Prior Code, § 21.5-96) (Ord. 1048, passed 5-18-1998; Ord. 1118, passed 6-11-2001)