N.Y. Navigation Law § 44: Noise levels on pleasure vessels

§ 44. Noise levels on pleasure vessels. 1. The provisions of this

section shall apply to the navigable waters of the state including all

tidewaters bordering on and lying within the boundaries of Nassau and

Suffolk counties.

2. (a) No person shall operate or give permission for the operation of

any pleasure vessel in or upon the waters of this state in such a manner

as to exceed a noise level of 90dB(A) when subjected to a stationary

sound level test as prescribed by SAE J2005.

(b) No person shall operate a pleasure vessel on the waters of this

state in such a manner as to exceed a noise level of 75dB(A) measured as

specified in SAE J1970. Provided, that such measurement shall not

preclude a stationary sound level test as prescribed by SAE J2005.

3. Sale or manufacture. No person shall manufacture or offer for sale

any pleasure vessel or engine for use in a pleasure vessel for use on

the waters of this state if such vessel or engine, at the time of

manufacture or sale, cannot be operated in such a manner so as to comply

with the sound level requirements provided in this section.

4. No person shall operate or give permission for the operation of any

pleasure vessel in or upon the waters of this state that is equipped

with an altered muffler or a muffler cutout, bypass or otherwise reduce

or eliminate the effectiveness of any muffler or muffler system

installed in accordance with this section.

5. 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 this section.

6. Exceptions. The provisions of this section shall not apply to

pleasure vessels designed, manufactured and sold for the sole purpose of

competing in racing events and for no other purpose. Any such exemption

or exception shall be so documented in any and every sale agreement and

shall be formally acknowledged by signature on the part of both the

buyer and the seller and copies of said agreement shall be maintained by

both parties. A copy shall be kept on board whenever the pleasure vessel

is operated. Any pleasure vessel sold under this exemption may only be

operated on the waters of this state in accordance with this section.

The provisions of this section shall also not apply to:

(a) Pleasure vessels which are competing in or participating for a

definite race over a given course held under the auspices of any bona

fide club or racing association between the hours of nine o'clock in the

morning and sunset, which has been approved pursuant to the provisions

of section thirty-four of this chapter, and all provisions of such

section have been complied with or pursuant to authorization by the

commandant of the United States Coast Guard.

(b) An authorized agent of the federal, state or municipal government

when operating a pleasure vessel necessary to carry out his or her

official duty of enforcement, search and rescue, firefighting or

research programs.

(c) A pleasure vessel being operated by a boat or marine engine

manufacturer for the purposes of testing and/or development.

(d) A pleasure vessel manufactured prior to nineteen hundred

sixty-five.

7. Any officer authorized to enforce the provisions of this section

who has reason to believe that a pleasure vessel is not in compliance

with the noise levels established in this section may direct the

operator of such pleasure vessel to submit the pleasure vessel to an

on-site test to measure noise level, with the officer on board if such

officer chooses, and the operator shall comply with such request. If

such pleasure vessel exceeds the decibel levels established in this

section, the officer may direct the operator to take immediate and

reasonable measures to correct the violation, including returning the

pleasure vessel to a mooring and keeping the pleasure vessel at such

mooring until the violation is corrected or ceases.

8. Any officer who conducts pleasure vessel sound level tests as

provided in this section shall be qualified in pleasure vessel noise

testing by the department of parks, recreation and historic

preservation. Such qualifications shall include but may not be limited

to the selection of the measurement site, and the calibration and use of

noise testing equipment.

9. Penalties. (a) Any person who fails to comply with the provisions

of this section shall be guilty of a violation punishable by a fine not

to exceed fifty dollars for the first offense and not exceeding two

hundred fifty dollars for a second or subsequent offense. However, the

court shall waive any fine for which a person who violates the

provisions of this section would be liable if such person supplies the

court with proof within thirty days of the issuance of the summons that

he purchased his pleasure vessel prior to the effective date of this

section, that the pleasure vessel's muffler was not altered or made

inoperable so as to result in a violation of the provisions of this

section, and that the pleasure vessel has been repaired, altered or

modified so as to be in compliance with the provisions of this section.

Provided, however, that such waiver of fine shall not apply to a second

or subsequent conviction under this section.

(b) Any person who alters or makes inoperable an effective muffler

system so that such system is no longer in compliance with this section

shall be guilty of a violation punishable by a fine of not less than

fifty dollars nor more than two hundred fifty dollars.

(c) All fines and forfeitures collected pursuant to the provisions of

this section by any court, judge, magistrate or other officer referred

to in subdivision one of section thirty-nine of the judiciary law,

establishing a unified court budget, shall be paid to the state

commissioner of taxation and finance, within the first ten days of the

month following collection to be deposited in a fund known as the

boating noise level enforcement fund established pursuant to section

ninety-one-b of the state finance law. The office of parks, recreation

and historic preservation shall distribute the fines to local law

enforcement officials according to the provisions of section

seventy-nine-b of this chapter for the purpose of enforcing the

provisions of this section.

10. All fines and forfeitures collected by any other court, judge or

magistrate or other officer shall be paid to the state comptroller

within the first ten days of the month following collection to be

deposited in a fund known as the boating noise level enforcement fund

established pursuant to section ninety-one-b of the state finance law.

The office of parks, recreation and historic preservation shall

distribute the fines to local law enforcement officials according to the

provisions of section seventy-nine-b of this chapter for the purpose of

enforcing the provisions of this section.