Every motorboat operated on the waters of Falmouth shall
be equipped at all times with a muffler on the exhaust of its engine or an
underwater exhaust as required by Chapter 90B, Section 6 of the General Laws.
Ninety decibels on the "A" scale when subjected to a
stationary sound level measurement at a distance greater than three feet from
the stern with its engine at idle speed, or
The Harbor Master, Assistant Harbor Master or police
officer who has reason to believe that a motorboat is not in compliance with
noise levels established in this section may direct the operator of the motorboat
to submit it to an on-site test to measure the level of the sound emitted
by the motorboat's engine. The operator shall comply with that direction.
The Harbor Master, Assistant Harbor Master, or police officer may remain aboard
the motorboat during the test at his discretion. If the level of sound emitted
by the motorboat's engines exceeds the sound levels established in this
section, the Harbor Master, Assistant Harbor Master, or police officer may
direct the operator to take immediate and reasonable measures to correct the
violation, including returning the motorboat to a mooring or dock, stopping
the motor and keeping the boat there until the violation is corrected or ceases.
This section shall not apply to the operations of dredges,
commercial vessels engaged in construction or demolition work, tugboats, or
to auxiliary engines on commercial vessels that do not propel the vessel through
water.