(625 ILCS 45/4-3) (from Ch. 95 1/2, par. 314-3)
Sec. 4-3. Mufflers.
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 that 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 on the waters of this State in a manner to exceed a noise level of 75 decibels measured as specified in the Society of Automotive Engineers in its procedure J1970 from any point on the shoreline, or from any point on the water within 20 feet of the shoreline, of the body of water on which the motorboat is being operated.
C. No person may manufacture or offer for sale any motorboat for use on the waters of this State if that motorboat cannot be operated in compliance with the sound levels in subsections A and B above.
D. The provisions of this Section shall apply to all public waters over which the State has jurisdiction.
E. This Section does not apply to:
(1) a motorboat tuning up for or participating in
official trials for a sanctioned race or regatta conducted as authorized by the appropriate unit of government, or
(2) a motorboat being operated by a boat or marine
engine manufacturer for the purpose of testing or development as authorized by the appropriate unit of government.
F. Any person violating subsection A or B of this Section shall be required to:
(1) install an effective muffler system on the
motorboat in violation;
(2) pass the sound level test prescribed by the
Society of Automotive Engineers in its procedure J2005 before putting the motorboat back into use; and
(3) be subject to a Class B misdemeanor for the first
offense and a Class A misdemeanor for any subsequent offense occurring within 3 years of the date of the most recent offense.
G. Any person violating subsection C of this Section shall be required to:
(1) install an effective muffler system on the
motorboat in violation;
(2) pass the sound level test prescribed by the
Society of Automotive Engineers in its procedure J2005 before putting the motorboat back into use; and
(3) be subject to a Class A misdemeanor for the first
offense and a Class 4 felony for any subsequent offense.
H. Any person who operates any motorboat upon the waters of this State shall be deemed to have given consent to the test or tests as may be prescribed in this Section or by the Department to determine if the motorboat is in compliance with the provisions of this Section.
(Source: P.A. 87-391; 87-422; 87-895.)
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Last modified: February 18, 2015