§ 44. Noise levels on pleasure vessels. 1. The provisions of this\nsection shall apply to the navigable waters of the state including all\ntidewaters bordering on and lying within the boundaries of Nassau and\nSuffolk counties.\n 2. (a) No person shall operate or give permission for the operation of\nany pleasure vessel in or upon the waters of this state in such a manner\nas to exceed a noise level of 90dB(A) when subjected to a stationary\nsound level test as prescribed by SAE J2005.\n (b) No person shall operate a pleasure vessel on the waters of this\nstate in such a manner as to exceed a noise level of 75dB(A) measured as\nspecified in SAE J1970. Provided, that such measurement shall not\npreclude a stationary sound level test as prescribed by SAE J2005.\n 3. Sale or manufacture. No person shall manufacture or offer for sale\nany pleasure vessel or engine for use in a pleasure vessel for use on\nthe waters of this state if such vessel or engine, at the time of\nmanufacture or sale, cannot be operated in such a manner so as to comply\nwith the sound level requirements provided in this section.\n 4. No person shall operate or give permission for the operation of any\npleasure vessel in or upon the waters of this state that is equipped\nwith an altered muffler or a muffler cutout, bypass or otherwise reduce\nor eliminate the effectiveness of any muffler or muffler system\ninstalled in accordance with this section.\n 5. No person shall remove, alter or otherwise modify in any way a\nmuffler or muffler system in a manner which will prevent it from being\noperated in accordance with this section.\n 6. Exceptions. The provisions of this section shall not apply to\npleasure vessels designed, manufactured and sold for the sole purpose of\ncompeting in racing events and for no other purpose. Any such exemption\nor exception shall be so documented in any and every sale agreement and\nshall be formally acknowledged by signature on the part of both the\nbuyer and the seller and copies of said agreement shall be maintained by\nboth parties. A copy shall be kept on board whenever the pleasure vessel\nis operated. Any pleasure vessel sold under this exemption may only be\noperated on the waters of this state in accordance with this section.\nThe provisions of this section shall also not apply to:\n (a) Pleasure vessels which are competing in or participating for a\ndefinite race over a given course held under the auspices of any bona\nfide club or racing association between the hours of nine o'clock in the\nmorning and sunset, which has been approved pursuant to the provisions\nof section thirty-four of this chapter, and all provisions of such\nsection have been complied with or pursuant to authorization by the\ncommandant of the United States Coast Guard.\n (b) An authorized agent of the federal, state or municipal government\nwhen operating a pleasure vessel necessary to carry out his or her\nofficial duty of enforcement, search and rescue, firefighting or\nresearch programs.\n (c) A pleasure vessel being operated by a boat or marine engine\nmanufacturer for the purposes of testing and/or development.\n (d) A pleasure vessel manufactured prior to nineteen hundred\nsixty-five.\n 7. Any officer authorized to enforce the provisions of this section\nwho has reason to believe that a pleasure vessel is not in compliance\nwith the noise levels established in this section may direct the\noperator of such pleasure vessel to submit the pleasure vessel to an\non-site test to measure noise level, with the officer on board if such\nofficer chooses, and the operator shall comply with such request. If\nsuch pleasure vessel exceeds the decibel levels established in this\nsection, the officer may direct the operator to take immediate and\nreasonable measures to correct the violation, including returning the\npleasure vessel to a mooring and keeping the pleasure vessel at such\nmooring until the violation is corrected or ceases.\n 8. Any of
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