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Thread: Decibel Level Issue at Havasu

  1. #21
    olc
    what am i doing wrong now ChumpChange? Thanks Essex29.
    Why do you want to go to the Marina? There's other places. Why do the laws need to be changed in AZ? Is Rex Marine donating to changing the laws? AZ isn't going to change their law on dB right now. They would change the OUI laws first. Like: make it affect your drivers license or track 2 or more with in 60 months on your record to charge felony. Did you know there isn't even a law under title 5 that says failing to stop for an officer on the water is felony flight. Yep look it up - no felony flight under title 5 only motor vehicle code (title 28)

  2. #22
    Boatcop
    Define "unusual" or "excessive" noise because it's not defined in the statute. Therefore is subjective. Which brings us back to what is reasonable? If you get a citation for 5-336.A the officer is telling you he/ she can articulate in court why you were excessive or unusual. Could you articulate why you weren't excessive or unusual? ThatÂ’s where your focus should be I think.
    I didn't quote the whole rambling because it's moot. As is the part I did quote.
    Arizona Game and Fish Commission Rule
    R12-4-516. Watercraft Sound Level Restriction
    A. It shall be unlawful for any person to operate a watercraft upon the waters of this state under any condition or in any manner that the watercraft emits a sound level in excess of 86 decibels on the "A" weighted scale when measured from a distance of 50 feet or more from the watercraft.
    B. This Section shall not apply to watercraft operated under permits issued in accordance to A.R.S. § 5-336(C).
    We "articulate" in court that we were at least 50 feet from the violator vessel, and that the db reading, using a certified, calibrated meter on the "A" scale, was greater than 86 decibles.
    Nothing subjective about that.

  3. #23
    Havasu Hangin'
    Why do you want to go to the Marina?
    Two reasons:
    1. The Marina is the only place I can make a turn to get my boat lined up straight on the ramp.
    2. The Marina is the only sheltered ramp- ever try to trailer an 11,000lb. boat in a crosswind?
    http://www2.***boat.com/image_center.../279AZ_Gov.jpg
    Are you with us or against us?

  4. #24
    That Guy
    what am i doing wrong now ChumpChange? Thanks Essex29.
    Why do you want to go to the Marina? There's other places. Why do the laws need to be changed in AZ? Is Rex Marine donating to changing the laws? AZ isn't going to change their law on dB right now. They would change the OUI laws first. Like: make it affect your drivers license or track 2 or more with in 60 months on your record to charge felony. Did you know there isn't even a law under title 5 that says failing to stop for an officer on the water is felony flight. Yep look it up - no felony flight under title 5 only motor vehicle code (title 28)
    Brother, not since the new guy jumped in and called the Shocker "old school" has anyone made such a first 2 day splash....2 Mods in 2 days...I wonder what the record is...... :crossx:

  5. #25
    Boatcop
    Ho-Hum.
    This may take all night correcting the uninformed.
    It already is a Felony for the 3rd OUI in 60 months. 2nd is still a misdmeanor, but calls for a longer jail sentence and increased fine.
    ARS 5-391.C. In the enforcement of this chapter, the operator of the watercraft upon being hailed by any peace officer shall stop immediately and lay to, or maneuver in such a way as to permit the peace officer to come aboard or alongside. The operator may be ordered ashore to correct any unlawful condition, issued a written warning or written repair order, or issued a citation for any violation of this chapter.
    Not a Felony, but the sentence can run up to 1 year in jail and a $5,000 dollar fine.
    NEXT!

  6. #26
    olc
    So you enforce AZ G&F rules not ARS? Seems too hard to enforce the 50' feet rule. Do you have a tape measure? Are their any other boats around making noise? Are you in a confined area between two block walls like on the ramp area or in a canyon between mountains. Does echo affect the test? What about weather conditions?

  7. #27
    riverbound
    Is Rex Marine donating to changing the laws?
    Even though he is a newbie, he does have apoint here. Do you really think that REX, Eddie, Gibson, Dana etc.... Ever did anything to help with this? Of course not this is law and the enforcement and focus on it is great for their business.
    olc= you will have to put up with alot of criticism. you started off with a rough 2 days, hopefully things get better for you. Or you could take the easy way out and just register under a nother screen name and start over. Just remember, Its only the internet.

  8. #28
    ChumpChange
    First the moderators and the BoatCop? Wow, this has to be a record of some sort. The record for starting off on the wrong foot.

  9. #29
    Boatcop
    AZGFD Rules and ARS go hand in hand. Here's another one:
    ARS 5-391.B All peace officers of the state, counties and cities shall enforce the provisions of this chapter and all laws and rules relating to the operation of watercraft.
    Go ahead and argue in court your echo theroy and all the other stuff. It's been done. We know what we're doing. I've never lost a sound level case.
    After all. I've only been doing this on the State and/or Federal level for 30 years.

  10. #30
    olc
    probably will re-register however it's funny how this issue it so terrible. Why don't we get drunks off the water? license boaters? or something serious..
    and i said: failing to stop is not a felony -
    whats the ARS for 3 violation in 60 months felony? who keeps track of it? Not MVD, AZ G&F? Call them on a Saturday.

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