A noise ordinance maybe but this? The lawyers will have a field day. I want to be second in line behind cHarley.

 

cHarley-

Since this proposed ordinance affects South Floridians in general, and you and I in particular,
I just couldn't let this BS go uncontested.

Being a well known PITA to local politicians that "think" with something other than their brains,
I just had to send the following letter to the Mayor of Delray Beach Florida.

I'll keep you posted, IF I receive a response.

06FXDBI-
[hr]The Honorable Rita Ellis, Mayor - Delray Beach, Florida.

It has come to my attention via an article in the Sun-Sentinel newspaper that it isyour stated intention, along with theDelray Beach City Commission,to enact an ordinance "banningALL motorcycles" from Atlantic Avenue in downtown Delray Beach from 7am to 11pm daily.

[/align]
While I can empathize with the Commission's desire to make "downtown" a quieter place, I must state my strenuous objection to the Commission's idea of how to accomplish that goal. The legal and enforcementramifications are almost too numerous to recount, but I will try to give ashort synopsis.

[/align] [/align] [font="arial"][size="2"]
(1)Thestated reason for the proposed ordinance is "noise control", but does nothing toaddressthe obnoxious and deafening sounds emitted byCARS with modified exhaust systems nor CARS withhigh-powered and extremely LOUD stereo systems.
[/align]
(2) While there may be plenty of justification and precedent for banning "commercial" vehicles from your downtown area, attempting to BAN "privately owned and operated" vehicles is certainly going to be a different matter.[/align]

(3) Assuming that theCommission's actual intent is to BAN LOUD NOISE, great. I don't have any objection to that, as long as it is done fairly and without prejudice toward any particular groupof people. Just be certain to accurately define what constitutes the non-acceptablenoise levels (sound pressurev.s. distance from the source). Furthermore,the Policeor other enforcement agency must beproperly trained and equipped tocorrectly test for, and determine a non-compliant noise source.[/align]
[/align]
(4) The Commission should NOT be considering singling out "motorcyclists" as the sole cause of excessive noise in the downtown area.As stated in (1) above, it just isn't the case, regardless of what the restaurant managers think.[/align]
[/align]
(5)Your restaurant owners have painted all motorcyclists with the same brush. But the truth of the matter is "THAT FOR EVERYLOUD MOTORCYCLE THAT PASSES, THERE ARE50 THAT PASS QUIETLY WITHOUT DRAWING ANYONE'S ATTENTION OR EVEN A SECOND LOOK".[/align]
[/align] [font="arial"][size="2"]
(6) Cards on the table: Yes, I do own and ride a motorcycle, and I have continually, for the last 45 years. My motorcycle conforms toALL E.P.A. noise and pollution regulations in effect at the time of its purchase in 2006. If the Delray Beach City Commission is sti

 

Hey 06FXDBI,
That was a superb letter, and it was well thought out and written. I'm impressed just reading it. I hope the mayor is also impressed.

 

Cudos 06FXDBI! Well said and worthy of repeating to other local politicians (state reps?)

 

PoorBoy-

Currently, the only state level input that is required is from the F.D.O.T.
regarding the federal/state/local legal status of that particular section of road. (SR-806)

It's in process.

06FXDBI-

 

IF it gets passed, protest with $$. I would NEVER patronize ANY business in the affected area... EVER! Hit the businesses in the cash register! The legal challanges should keep the city busy for a LONG time.

 

06FXDBI - Excellent Letter!

In the case of Delray Beach there are a lot of sidewalk cafes on Atlantic Avenue. As a matter of fact, it is even difficult to walk down Atlantic Avenue without having to go around tables that have been placed way out on the public sidewalks.

Folks like to sit at the table-clothed patio furniture tables that are on the sidewalk, eat dinner and leisurely sip their cappuccino after the meal. Most of these tables are three feet from the street. These same folks request to sit outside so they can watch the action on "the strip".

Then along comes some wannabe RUB with straight pipes and rides their scoot next to them. The “biker” revs the engine and the exhaust blows the napkins of the tables! The customer complains to the restaurant and the restaurant in turn complains to city hall that "something must be done".

If these customers want quiet, don't sit outside on "the strip" and then complain about the noise.
SIT INSIDE!

The city of Delray Beach has a noise ordinance but they have not and do not enforce it.
My guess is that the police officers do not want to bother.
If speed limits were not enforced would people speed?

What can be done?
Get the tables off the sidewalks and enforce the noise ordinance.


What can "WE" do as a biker community?
Use common sense and in areas like this be courteous and RIDE QUIET!

I personally like riding down the Delray Beach Atlantic Avenue strip.
Please, don't let this be another situation where the few spoil it for the many.

 

To everyone following this saga:

(a) I spoke with the F.D.O.T. Ft Lauderdale Distrct "legal counsel" today regarding the status
of the section of SR806 runing through downtown Delray Beach. He said that he had read the
Sun-Sentinel article and was surprised that the City Commission had not contacted him regarding
their intentions. He also stated that he was not certain which governmental agency was responsible
for that section of SR806 but would check on it and get back to me, possibly as soon as tomorrow.

(b) Her Honor, the Mayor of Delray Beach, has so far failed to respond to my emailed letter.

(c) There will be a public hearing on the proposed ordinance, possibly as soon as next week.
Interested parties should plan to attend to protest the blatant unfairness of the proposed ordinance.

(d) My friends that make a living in the courtroom tell me that even if the ordinance is passed
over all objections, not to worry. The proposed ordinance is so "legally lame" that the judge
that hears the very first case of a motorcyclist being arrested just for riding down the street
will invalidate and rescind the ordinance on constitutional grounds.

06FXDBI-

 

06FXDBI,

I believe that I read that the next council meeting on this subject is Tuesday night, the 16th.

 

06FXDBIthanks a mil for keeping us informed. if charley is correct on the mtg. I won't be able to show as I have plans for my b-day otherwise I'd show after work as I work in boca,however, I will be there in spirit. [sm=biker2.gif] for those who attend said mtg.all the best regards! [sm=americanasmiley.gif]