2012-12 AMENDING CITY CODE - CHAPTER 66 - REGULATION OF LAKE DECATUR

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't ,f Chapter 66 E. No person may operate a personal water craft or specialty prop-craft unless each person aboard is wearing a Type I, Type II, Type III or Type V personal flotation device approved by the United States Coast Guard. No person may operate a water craft unless a Type I, Type II, Type III or Type V personal flotation device is being properly worn by each person under the age of 13 on board the water craft at all times in which the water craft is underway; however, this requirement shall not apply to persons who are below decks in totally enclosed cabin spaces. F. A U. S. Coast Guard approved Type V personal floatation device may be carried in lieu of the Type 1, II, III or IV personal flotation device required in this Section, if the Type V personal flotation device is approved for the activity in which it is being used. 23. MUFFLERS REQUIRED. A. All motorboats shall be equipped and maintained with an effective muffler or underwater exhaust system. For the purpose of this Section, an effective muffler or underwater exhaust system is one which does not produce sound levels that create excessive or unusual noise, or sound levels that are in excess of 90 decibels when subjected to a stationary sound level test as prescribed by the Society of Automotive Engineers in its procedure J2005. B. No person may operate a motorboat so as to exceed a noise level of 75 decibels measured as specified by the society of Automotive Engineers in its procedure J1970. C. This Section does not apply to: (1) A motorboat tuning up for or participating in official trials for a sanctioned race or regatta conducted under a permit by the Lake Maintenance Supervisor or designee; or (2) a motorboat being operated by a boat or marina engine manufacturer for the purpose of testing or development, as authorized by the Lake Maintenance Supervisor or designee. D. Any person violating subsections A or B of this Section: (1) shall be required to install an effective muffler system on the motorboat in violation; and (2) shall be required to pass the sound level test prescribed by the Society of Automotive Engineers in its procedure J2005 before putting the motorboat back into use. E. Any person who operates any motorboat upon Lake Decatur shall be deemed to have given consent to the test or tests prescribed in this Section to determine if the motorboat is in compliance with the provisions of this Section. 24. BREACH OF THE PEACE. It shall be unlawful for any person on or in the Lake, whether boating, swimming or otherwise, to do any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace, or to cause or permit in any manner loud and raucous sounds to be audible as such to any other craft, premises, or residence on or near the Lake. 25. TOILETS ON BOATS. No boat or craft used or operated on the Lake shall be equipped with toilet facilities except closed chemical toilets which must be approved by the Lake Maintenance Supervisor or designee.