8.60.220 Prevention of noise.
A. Every motor-powered vessel shall at all times be equipped with a functioning underwater exhaust or a properly installed and adequately maintained muffler or other similar device to reduce the sound of engine exhaust, and no person shall use a cut-out, bypass or similar device upon any motor-powered vessel or install such equipment for use on a motor-powered vessel used upon any lakes, rivers and all other waters within the corporate boundaries of the City. Nor shall a person use a muffler or pipes with pinched outlets, holes or rusted-through areas, or similar condition or defect where the result of the condition or defect does or could increase the level of noise of the motor-powered vessel over the level that would reasonably result if the motor-powered vessel were equipped with standard and/or properly maintained equipment.
B. It is unlawful for any person to operate upon any lakes, rivers and all other waters within the corporate boundaries of the City, under any condition of speed, load, acceleration, or deceleration, in such manner as to exceed noise level of 75 decibels (dB), as measured from any point on the shoreline of the body of water on which the vessel is being operated using the SAE shoreline testing procedure, and 70 dB as measured from the water or when moored. The 70 dB noise level measurement shall be done using the SAE stationary test procedure. In addition, it shall be unlawful for any person to operate upon any lakes, rivers and all other waters within the corporate boundaries of the City any motor-powered vessel between sunset and sunrise, where the noise level exceeds 60 dB as measured using the SAE shoreline test. All sound measurement will be performed to standards provided in Chapter 352-67 WAC, Vessel Sound Measurement Procedures.
C. The following types of sounds shall be exempt from this section:
1. Sounds created by safety and protective devices where noise suppression could defeat the intent of the device;
2. Sounds created by a warning device not operating continuously for more than five minutes;
3. Sounds created by emergency equipment for emergency work necessary in the interest of public safety for the health, safety, and welfare of the community;
4. Sounds created by the normal docking, undocking and water-skier pick-up and drop-off operations.
D. A violation of this section constitutes a Class 2 civil infraction under Chapter 1.48 LMC. [Ord. 380 § 5, 2005; Ord. 86 § 1, 1996.]