July 1, 2010, Introduced by Rep. Lipton and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 80156 (MCL 324.80156), as amended by 1996 PA
274.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80156. (1) Subject to subsection (2), a person shall not
operate a motorboat on the waters of this state unless the
motorboat is equipped and maintained with an effective permanently
affixed muffler or underwater exhaust system that does not produce
sound levels in excess of 90 dB(A) when subjected to a stationary
sound level test as prescribed by SAE J2005 or a sound level in
excess of 75 dB(A) when subjected to a shoreline sound level
measurement procedure as described by SAE J1970. The operator of a
motorboat shall present the motorboat for a sound level test as
prescribed by SAE J2005 upon the request of a peace officer. If a
motorboat is equipped with more than 1 motor or engine, the test
shall be performed with all motors or engines operating. To
determine whether a person is violating this subsection, a peace
officer
may measure sound levels pursuant to using procedures
prescribed in SAE J1970, issued 1991-92.
(2) The department may by rule establish a motorboat sound
level test and set a maximum decibel level or levels permitted for
motorboat operation that replace the tests and maximum decibel
levels permitted under subsection (1). If a test and maximum
decibel
level or levels are established pursuant to under this
subsection, all of the following apply:
(a) A person shall not operate a motorboat on the waters of
this state if the motorboat produces sound levels that exceed the
maximum decibel level or levels established under this subsection.
(b) The operator of a motorboat shall present the motorboat
for
the sound level test established pursuant to under this
subsection upon the request of a peace officer.
(c) A motorboat equipped with more than 1 motor or engine
shall be tested with all motors or engines operating.
(3) A person shall not manufacture, sell, or offer for sale a
motorboat for use on the waters of this state unless that motorboat
is equipped and maintained with an effective permanently affixed
muffler or underwater exhaust system that complies with the
applicable sound levels permitted under subsection (1) or (2).
(4) Subsections (1) and (2) do not apply to any of the
following:
(a) A motorboat tuning up or testing for or participating in
official trials for speed records or a sanctioned race conducted
pursuant
to under a permit issued by an appropriate unit of
government.
(b) A motorboat being operated by a boat or marine engine
manufacturer for the purpose of testing or development.
(c) A motorboat that qualifies as an historic vessel.
(5) As used in this section, "dB(A)" means decibels on the "A"
scale on a sound meter having characteristics of a general purpose
sound meter as defined by American national standards institute
S1.4-1983.
(6)
A person who violates this section is guilty of
responsible
for a misdemeanor, punishable by
imprisonment for not
more
than 90 days and a fine of state
civil infraction and shall be
fined
not less than $100.00 or more than
$500.00. Additionally,
(7) If a person has received a state civil infraction citation
for violating this section, the court shall waive the civil fine,
costs, and assessments upon receipt of certification by a law
enforcement agency that the motorboat was brought into compliance
with this section before the appearance date on the citation.
(8) If a person is found responsible for violating this
section, the court shall order that, before putting the motorboat
back
in use, a the person who violates this section is required to
shall install an effective permanently affixed muffler or
underwater exhaust system that meets the requirements of this
section on the motorboat in violation at his or her expense.