Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.14 Boating Safety

1. Every motorboat shall at all times be equipped with a serviceable muffler or other similar device to reduce the sound of engine exhaust, and no person shall use a cutout bypass or similar device upon any motorboat used upon any waterway except motorboats exempted by a watercraft test or watercraft racing permit.
    

2. It is unlawful for any person to operate upon any waterway, under any condition of speed, load, acceleration or deceleration, in such manner as to exceed the following:

   1. For watercraft and engines manufactured before January 1, 1980:  A noise level of eighty-four dB.

   2. For watercraft and engines manufactured after January 1, 1980:  A noise level of eighty-two dB.

   3. For watercraft and engines manufactured after January 1, 1984:  A noise level of eighty dB.

   Such measurements shall be taken by a sound level meter at a distance of not less than fifty feet from the motorboat being operated.
    

3. It is unlawful for any person to operate upon any waterway any motorboat between one-half hour after sunset and seven a.m. which motorboat exceeds sixty-four dB as measured by a sound level meter at a distance of not less than fifty feet from the motorboat being operated.
    

4. It is unlawful for any person to operate upon any waterway any motorboat which exceeds seventy-four dB at the shoreline or anywhere within a receiving property.

   1. At any hour of the day and between sunset and sunrise the limit for a receiving property shall be sixty-four dB, provided such property is a Class A EDNA as defined by WAC 173-70-030(4)(a), Residential or Recreation Area.
       

5. 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 law enforcement for the health, safety and welfare of the community.

   4. Sounds created by the operation of commercial nonrecreational motor-powered craft.

      1. These commercial activities include, but are not limited to:

         1. pile driving,

         2. operation of a marina,

         3. transportation of logs,

         4. fishing, and

         5. ferries.
             

6. No person shall sell or offer for sale a new watercraft or new watercraft engine for use in any existing watercraft which exceeds the following maximum noise limits when measured according to the procedures of the society of automotive engineer’s recommended practice SAE-J34:

   1. For watercraft and engines manufactured after January 1, 1980:  A noise level of eighty-two dB.

   2. For watercraft and engines manufactured after January 1, 1984:  A noise level of eighty dB.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

Recodification ORD C34041 Section 1