A local ordinance requires that, when operating a motorboat on a lake, the operator of the boat must always keep the boat a distance of at least 75 yards from the shore. While operating a motorboat on a lake, Martin steers the boat within 35 yards of Dave's property on the shore of the lake. Dave has a fenced-in portion of the lake bordering his property where he collects and keeps valuable fish. The exhaust from the boat (which, unbeknownst to Martin, is defective) causes a number of the fish to die, causing Dave to spend thousands of dollars to replace them. Is Martin negligent per se?