N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-2.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 646-2.8 - Noise limits

(a) No person shall operate a vessel on the waters of Lake George which is propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha or other substance, without having the exhaust from the engine run through an effective muffler so constructed and used as to muffle the noise of the exhaust in a reasonable manner. Dry stacks, cut outs and straight pipes are expressly prohibited.

(b) No person shall operate a vessel on the waters of Lake George which exceeds 86 db when measured at not less than 50 feet from the vessel being tested or 80 db when measured at not less than 100 feet from the vessel being tested.

(c) All decibel levels are to be measured on a decibel meter gaged to an A-weighted scale. Measurements of decibel levels shall be taken when the subject vessel is in motion or by static test when the subject vessel is stationary with engine operating at not more than 3,500 rpm.

(d) Any patrolman or law enforcement officer of the commission, the State of New York, or any political subdivision having jurisdiction of the waters of Lake George, who has reason to believe that a vessel is being operated in excess of the noise levels established in this section may request the operator of the vessel to subject the vessel to a test as set forth in this section to measure noise levels, with the officer on board if the officer so requests, and the operator shall comply with such request. Failure to comply with the request shall constitute a violation of this section.

(e) The provisions of this section shall not apply to a vessel competing in or practicing for a boat race over a specified course held by a bona fide club or racing association between the hours of 9 a.m. and 6 p.m., provided the due written notice of the date of the race and scheduled practice times have been given to the commission not less than 15 days prior to the date of any such race or scheduled practice times, and the event is registered with the commission on such forms as the commission may prescribe. Where appropriate, the commission may require that notice of the event and all scheduled practice times be given to persons who may be impacted by the event.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-2.8