ABATE of Kansas
                                                     District 8
                                                                                              Dedicated to Freedom of the Road 
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Noise Issues
New Mexico:

Final action: 8/3/2009 -passed
City of Albuquerque -EIGHTEENTH COUNCIL

Title:

Amending Section 7-10-3 ROA 1994, The Vehicle Nuisance Ordinance To Expand Violations To Include Revving of Engines To Magnify Engine Noise In The Downtown Quiet Zone (Benton, by request)

[only part of ordinance]

[+(C) Downtown Quiet Zone. It shall be unlawful for any person to engage in exhibition driving in the Downtown Quiet Zone by operating a vehicle in a manner that willfully creates excessive engine noise because of revving the engine to magnify the engine noise. For the purposes of this section, the Downtown Quiet Zone shall be defined as the downtown core area generally bounded by Marble/Slate/Lomas Boulevard on the north, AT & SF railroad tracks/ Broadway Boulevard on the east, Coal Avenue on south, and Tenth/Ninth/Seventh streets on the west, as defined and depicted in the approved Downtown 2010 Sector Development Plan and which encompasses approximately 321 acres (0.5 square miles). +]
Rhode Island:

East Greenwich putting a lid on loud motorcycles

01:00 AM EDT on Saturday, August 1, 2009

 

EAST GREENWICH — Bikers planning to blast through East Greenwich may want to steer clear of the town instead, especially if their exhaust systems aren’t the proper match for their choppers.

 

The Town Council unanimously passed an emergency ordinance Monday night allowing the police to pull over and levy fines on bikers if the noise-rating data stamped into the chrome of the exhaust doesn’t match the label on the bike frame.

Modified exhaust systems are also outlawed.

The label-matching program is an indirect attempt to eliminate a noise problem that has been drawing complaints, particularly in the waterfront area of town.

The first offense is $500. It jumps to $700 the second time and $1,000 for the third and each subsequent violation.

“I hope we don’t have to pull over one single motorcycle,” said Police Chief David Desjarlais. “But if they’re loud and they draw our attention because of the volume of the exhaust, and we find they’re not in compliance, we’re more than willing to write the ticket.”

The ordinance, now in effect, sparked questions Wednesday from Buddy Cardoso, president of the Rhode Island Motorcycle Association, who said his group supports courteous riding, including keeping the noise down.

But if the labels have to match, “What do you do, throw away the motorcycle if the exhaust wears out?” he said.

Owners of other vehicles are allowed to use after-market exhaust systems, and it would be unfair to single out bikers, he said.

“If you’re not making too much noise, we’re not going to pull you over in the first place,” said Desjarlais.

Cardoso’s fears are also unfounded, the chief said Wednesday, because after-market exhausts say which bikes they were designed for to conform to federal noise pollution standards.

He said officials in Woonsocket, Cumberland, South Kingstown and Smithfield have already contacted the town, wanting to know how well the ordinance works for East Greenwich.

“It’s practical, it works, and officers can enforce it without specialized training,” said the chief.

The emergency ordinance, which applies only to motorcycles manufactured after 1982, expires 90 days from Monday. The council is expected to give the full ordinance a first reading at its meeting Aug. 11 and hold a hearing on Aug. 24.

This addresses a problem that needs to be addressed,” said Council President Michael B. Isaacs.

“I think it will go a long way toward solving some problems,” said Town Manager William Sequino Jr.

The proposal was sparked by riders gunning their bikes while coming up the King Street hill from the waterfront area. The stone railroad trestle they have to pass under amplifies the sound.

Desjarlais said the problem was also obvious over the weekend, when good weather drew a large group of bikers to Goddard Park. When they left, riding through the center of town, “you couldn’t hold a conversation in the street.”

He acknowledged that the fines are steep “but they do allow some leniency in the first instance.”

Under the ordinance, a system would be set up to allow a biker to avoid the first fine, of $500, by bringing in the bike and having it tested with a noise meter.

But the chief said he doubts that will happen, or most who come in for testing will fail “because they don’t put these exhaust systems in to be quiet. They do it to make noise.”

Cardoso of the motorcycle association agreed that “a lot of younger guys buy a motorcycle and the first thing they want to throw on is a set of pipes and get it as loud as they can. And you know what? They need to be ticketed. I have no problem with that whatsoever, especially if he’s going through a neighborhood and being rude.

Some bikers believe that being loud is important for staying safe because it alerts other drivers to their presence.

“We don’t subscribe to the ‘Loud Pipes Save Lives’ notion,” said Cardoso. “You should be driving respectfully.”

 

New Hampshire:

Rochester police plan 'loud pipes' check on Route 11 today
 
By John Quinn
Saturday, August 1, 2009
 
ROCHESTER - Police are conducting a "loud pipes" check on Route 11 from
9 a.m. To noon today .
 
Officers John Harding and Mike Mundy, both members of the city's
Motorcycle unit will be checking motorcycles from the parking lot of the
Former car dealership near Cardinal's Plaza to ensure the sound of the
Exhaust is under 106 decibels, which is the state limit.
 
"We're just going to be testing as they go by," Mundy said, adding they
Don't plan to issue summons, just warnings.
 
"I believe 99 percent of motorcycles will come in under the limit,"
Mundy said, adding this check will be similar to the ones Portsmouth
Police do.

Portland Maine  Posted 8/9/09


PORTLAND COUNCIL MAY VOTE ON MOTORCYCLE NOISE LAW IN AUGUST 2009

     On July 14, 2009 the 3-member Public Safety Committee of the Portland, Maine City Council voted unanimously to require that all motorcycles operating in the city have EPA-approved quiet mufflers.  Councilman Kevin

Donoghue reports the bill may be before the council August 17 for a public hearing and possibly a final vote.

New York City.  Posted 9/26/09  Introduced 9/23/09

Be it enacted by the Council as follows:

Section 1. Subchapter six of chapter two of title 24 of the administrative code of the city of New York is amended by adding a new section 24-236.2 to read as follows:
§24-236.2 Prohibition on the sale or installation of a motorcycle exhaust device without United States environmental protection agency required labeling.

A. Definitions. For the purposes of this section, "motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

205.169 of title 40 of the code of federal regulations, nor shall any person sell a motorcycle without an exhaust muffler bearing such labeling.

C. Any person who violates subdivision B of this section shall be liable for a civil penalty of not less than five hundred dollars nor more than one thousand dollars for a first violation thereof; not less than one thousand dollars nor more than two thousand five hundred dollars for a second violatioB. No person shall sell or install a motorcycle exhaust device that is not equipped with an exhaust muffler bearing the United States environmental protection agency required labeling applicable to the motorcycle's model year, as required by section n thereof; and not less than two thousand five hundred dollars nor more than five thousand dollars for a third or subsequent violation thereof. Such civil penalties may be recovered in a proceeding before the environmental control board.

§2. This local law shall take effect immediately upon enactment.
West Virginia posted 8/19/09

CHARLESTON, W.Va. (WSAZ) - Charleston City Council let it be known loud
And clear Monday night that nuisance noise will not be tolerated in the
City.

Council unanimously passed an ordinance to regulate noise, including
Loud music, barking dogs and repeated revving of car and motorcycle
Engines in residential areas. Councilman Jack Harrison said a council
Committee recently met with a local judge and Charleston Police Chief
Brent Webster about the issue.

"Both felt it was a move in the right direction in giving police
Officers a path forward in the enforcement of nuisance noise," Harrison
Said.

Under the new law, a police officer may issue a written warning

Citation, which may or may not include a penalty. If the recipient of
The citation, however, violates it within six months, he or she will be
Fined as much as $250. Each additional violation within a six-month
Period can carry an additional fine of up to $250.
New Hampshire  Posted 9/3/09



By Beth LaMontagne Hall
September 03, 2009 3:14 PM
 
RYE - Local and state police were pleased with results of recent
Motorcycle noise and safety checkpoints along Route 1A.
 
Rye, North Hampton and state police put up two checkpoints last Sunday
At the corner of Ocean Boulevard and Atlantic Avenue in North Hampton
And on Route 1A between Odiorne Point State Park and Wallis Sands State
Beach.
 
Police stopped 53 motorcycles to test decibel levels of their exhaust
System. Rye Police Chief Kevin Walsh said seven motorcyclists were
Issued "defective equipment tags." Similar to a citation, the tag
Requires the cyclist to take the bike to an inspection station and have
It retested to ensure its exhaust noise levels are within the state
Limit of 106 decibels. The driver must then send the tag back with proof
The bike passed to the local police. Walsh said if the driver does not
Send the tag back, the officer who issued it can request a hearing with
The state Department of Safety to revoke the motorcycle's registration.
 
Walsh said the motorcyclists stopped were cooperative. "Ninety-nine
Point nine percent of motorcycle drivers don't want to be noisy because
They know it's going to disrupt their opportunity to ride through
Towns," he said.
 
Police across the state continue to hold voluntary noise checkpoints
With the hope that motorcyclists will learn from the experience, fix any
Problems on their own and pass the information to others, Walsh said.
Massachusetts, pending legislation  Posted 9/10/09

House Bill 3332 provides the following:

AN ACT FURTHER REGULATING MOTORCYCLE SOUND LEVELS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 7U of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following sentence:- "The use and sale of any exhaust pipe that increases the sound emission of any vehicle including motorcycles shall be prohibited. All motorcycle exhaust pipes must conform to 82dBA maximum noise level measured directly to the rear exhaust outlet at a distance of 12 inches. The angle of measurement shall not exceed 30 degrees.  Sound measurements taken beyond 12 inches that exceed the requirements are not acceptable.  Violation of said decibel level, or illegal retrofitting, will result in a license suspension for six (6) months and/or a fine not to exceed two hundred and fifty dollars ($250)."

Kennebunckporte, Maine  Posted 9/17/09

KENNEBUNKPORT - While nearby communities such as Kennebunk, Arundel and

Portland search for ways to address motorcycle noise, Kennebunkport is
Taking the first step toward doing something about it.
 
On Sept. 10, Police Chief Joe Bruni showed the Board of Selectmen a sign
He believes will serve as the first measure the town can take to fix the
Noise complaints. Bearing a drawing of a motorcycle, the signs ask
Bikers to keep the noise level down.
 
The board approved the purchase of the signs, which have been ordered
And will be posted along high-traffic areas such as North and School
Streets and Ocean Avenue, Bruni said. The department will also be
Handing out brochures to hotels in town as well as to motorcycle groups
In the area, to educate riders on the noise issue.
 
"This is a first step," Bruni said. "It's the same as putting up the
Signs for (truck and bus) engine brakes. By all reports, that worked."
 
Still, Bruni said he's been stung by criticism that the signs will be a
Waste of money and that the only thing that will work is enforcing the
EPA labels on motorcycles.
 
"Some people are missing the point," Bruni said. "They still believe
it's black and white."
 
He said that even bikes with after-market muffler systems (without EPA
Labels) can pass Maine inspections and that even bikes with EPA labels
Can cause problems.
 
"We can't violate people's rights to congregate together and even enough
Good apples riding together make bad apples," Bruni said. "In most
Instances, it's a group riding together that creates the problem."
 
Resident David James said at the meeting that Sen. Nancy Sullivan was
Considering sponsoring a bill that would enforce the EPA muffler
Standards.
 
Selectman Sheila Mathews-Bull expressed concern during the meeting that
Any new noise ordinance could target those law-abiding bikers simply out
For a ride.
 
Finding a solution to that won't be easy, Bruni said. Further, while
Some residents have questioned why noisy bikers can't simply be stopped,
Bruni said that isn't possible either.
 
"It baffles me that people think we can readily stop someone,' he said.
Unless there is a clear violation, officers cannot stop the bikers, he
Said.
 
Even if they were to be allowed to do so, Bruni said, pulling over what
Could be a large group of bikers could put an officer at risk, since he
Or she could literally be surrounded by riders on the scene. Bruni said
Officers stopping trucks or cars routinely keep those drivers in their
Vehicles as a safety precaution.
 
Bruni has been attending meetings in both Kennebunk and Portland to see
How those communities are dealing with the problem. He said, though,
That it really isn't an issue local towns can solve.
 
"You need a state-wide law, something that's enforceable," he said.
 
For now, though, he will post the new signs when they arrive from the
Printer and hope that this first step makes a difference to residents
And bikers alike.
 
"We're taking a step forward that other communities aren't taking at
This time," he said

 

Boston  Posted 9/17/09

Boston Police unveiled a new voluntary program to reduce motorcycle noise on North End streets, called "Pipe Down Please." The Boston initiative is mirrored after a successful program in Golden, Colorado named "Silence is Golden." The police will be handing out cards requesting cooperation from bikers on the neighborhood's residential streets. Police intend to initially target areas that bikers tend to gather such as Hanover Street. The cards will remind city bikers of existing sound level restrictions and the value of public peace.

Boston Police from Area A-1, Captain O'Rourke, Sargent Lema and Officer Teddy Boyle discussed the "Pipe Down Please" program at the September North End Public Safety Meeting. The police commented that enthusiast bikers are likely to comply with the program while there will always be some troublemakers.

The outreach and self-policing program has had positive results in Golden, Colorado. This interesting story was on their website:
"In a bar, an officer shared this cooperative idea with a group of bikers. Shortly after the group went to the patio to chat about sharing the public peace value, two motorcycles with customized exhausts rode by with almost perfectly orchestrated timing. One was riding absolutely “rapped out” in a low gear, forcing the conversation to stop due to the bike’s loudness. The amazing part of this intrusion was that the bikers with whom the officer was conversing responded by exclaiming, “Now he needs a ticket!” They added that people who ride in that manner are “ruining the ride for the rest of us.” By contrast, the second motorcyclist, also riding a motorcycle with a customized exhaust, was in high gear with “low rev,” and the volume did not interrupt the conversation. The officer was quick to point out that the second motorcyclist was a great example of riding in a “community-friendly” fashion."

The Golden, Colorado program also involved businesses that feared excessive noise would drive away tourists. Police indicated a cultural change needed to take place to diffuse an "us vs them" mentality with the bikers. Logo signs are posted in businesses and on street signs to give visability to the program.

The initiative follows the efforts of District 1 City Councilor Sal LaMattina who introduced a city ordinance that calls for an EPA stamp on all approved motorcycle mufflers operating in Boston. Without such a stamped muffler, the biker will be ticketed for a $300 fine. The ordinance was approved by the City Council and signed by the Mayor. However, a legal challenge has delayed its enforcement pending court proceedings. Despite the holdup on the city ordinance, police are looking at increased training with sound meters to enforce existing noise regulations.

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