Delray Beach FL Motorcycle Ban
#61
RE: Delray Beach FL Motorcycle Ban
You don't need to lecture me, I started this thread. I understand where you are coming from, but they can't require EPA stickers on bikes manufactured prior to when EPA regulationsrequired them. My point is, this is another loophole that can be used as an argument against thier proposed legislation. Enforcing noise legislation is one thing, requiring stickers on bikes built before the ERA reg.s existed or the banning of bikes altogether is not constitutional.
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#67
RE: Delray Beach FL Motorcycle Ban
ORIGINAL: Merlinii
The Date for this meeting is November 6th at Delray Beach City Hall located at 100 N.W. 1st Ave. Delray Beach. The regular meeting starts at 6:00 PM Public Hearings begin at 7:00 PM. in the Commission Chambers.
Please pass this along to everyone you know that rides. We need to make a very strong showing in numbers.
The council will be voting on the passing of this ordinance.
The Date for this meeting is November 6th at Delray Beach City Hall located at 100 N.W. 1st Ave. Delray Beach. The regular meeting starts at 6:00 PM Public Hearings begin at 7:00 PM. in the Commission Chambers.
Please pass this along to everyone you know that rides. We need to make a very strong showing in numbers.
The council will be voting on the passing of this ordinance.
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#69
RE: Delray Beach FL Motorcycle Ban
There is a 90-day survey being performed, but this Tuesday at 6 begins the next Commission meeting, and although I don't know the agenda, I believe the floor will be open to the general public. Here is what I know/heard and read from BAM:
Apparently the city council and mayor don't know the demographics of motorcycle riders. It might be of use to let them know what you do or did for a living when speaking before them.
The proposed ordinance also has issues as not only regulates what is or is not a legal vehicle on the road, a state preemption violation, it also violations state and federal preemption by determining what is or is not proper vehicle equipment.
This is the statute that addresses the proposed Ban: Take a look a do your research
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.007 Provisions uniform throughout state.--The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized. However, this section shall not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this chapter in the local court. [emphasis added]
History.--s. 1, ch. 71-135; s. 2, ch. 71-982.
Above is the Florida Statute indicating the requirement for uniformity of the laws and prohibiting local governments from enacting ordinances in contradiction to statute. I have added the emphasis. Be aware that Florida Statute 316.008 Powers of local authorities.-- subsection (1)(g) states ?restricting the use of streets? with respect to the control of traffic. Traffic control however does not equate with vehicle control. They can restrict the use of the street to all commercial deliveries but not to the passage of passenger vehicles unless all are prohibited equally.
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Apparently the city council and mayor don't know the demographics of motorcycle riders. It might be of use to let them know what you do or did for a living when speaking before them.
The proposed ordinance also has issues as not only regulates what is or is not a legal vehicle on the road, a state preemption violation, it also violations state and federal preemption by determining what is or is not proper vehicle equipment.
This is the statute that addresses the proposed Ban: Take a look a do your research
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chapter
316.007 Provisions uniform throughout state.--The provisions of this chapter shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this chapter unless expressly authorized. However, this section shall not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this chapter in the local court. [emphasis added]
History.--s. 1, ch. 71-135; s. 2, ch. 71-982.
Above is the Florida Statute indicating the requirement for uniformity of the laws and prohibiting local governments from enacting ordinances in contradiction to statute. I have added the emphasis. Be aware that Florida Statute 316.008 Powers of local authorities.-- subsection (1)(g) states ?restricting the use of streets? with respect to the control of traffic. Traffic control however does not equate with vehicle control. They can restrict the use of the street to all commercial deliveries but not to the passage of passenger vehicles unless all are prohibited equally.
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#70