[Added ATM 4-8-2003, Art. 38]
A. 
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.
B. 
No person shall operate a motorboat on the waters of Falmouth in a manner to permit the production of sound from its engine that equals or exceeds;
(1) 
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
(2) 
Seventy-five decibels on the "A" scale when subjected to the stationary sound level measurement from the shoreline or edges of the harbors.
C. 
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.
D. 
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.