Section 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.