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32-1120. Restrictions on motorboat exhaust noise; compliance; penalties.

32-1120

Chapter 32.--WILDLIFE, PARKS AND RECREATION
Article 11.--BOATING AND WATER ACTIVITIES

      32-1120.   Restrictions on motorboat exhaust noise;compliance; penalties.(a) A motorboat shall not be operated on the waters of this state underany condition or in any manner whereby the motorboat exhaust noise emitsa sound level in excess of92 decibels on the "A" weighted scale,when subjected to a stationary sound level test as prescribed bySAE J2005.

      (b)   The provisions ofsubsection (a) shall not apply to motorboats officially registered andcompeting in or while on trial runs 48 hours immediately preceding a regatta,race, marine parade, tournament or exhibition which has been authorized orpermitted by the department.

      (c)   Any officer authorized to enforce the provisions of this section whohas reasonablesuspicion to believe that a motorboat is not in compliance with the noiselevels established in thissection may direct the operator of such motorboat to submit the motorboat to anon-site test tomeasure noise levels, with the officer on board if such officer chooses, andthe operator shallcomply with such request. The owner of any motorboat which violates anyprovision of thissection shall have sixty days from the date of the violation to bring themotorboat intocompliance with the provisions of this section. Thereafter, it shall be theowner's responsibilityto have the motorboat tested by the department. If the motorboat fails suchtest, the motorboat shall not be operated on the waters of this stateuntil the departmentcertifies that the motorboat is in compliance with the provisions of thissection. Failure tocomply with a request or direction of an officer made pursuant to thissubsection is a class Cmisdemeanor. Nothing in this section shall be construed to limit the officer'sability to enforcethis section and to issue citations to the owner or operator of any motorboatduring the sixty-daycompliance period.

      History:   L. 2006, ch. 85, § 7;L. 2008, ch. 88, § 1; Apr. 24.

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