North Hampton, NH- More Another Attempt at Loud Pipes Enforcement
#21
05-26-2010, 09:15 AM
Road Master
#22
05-27-2010, 06:07 AM
Cities can and do pass ordinances that go against state law, take Myrtle Beach for example. Helmets are not required in SC but are within the city limits of MB. Then the emails flew but to no avail. Then the suits came, and they have more money. So the bikers say screw it and leave, and the town got what they wanted. Less noise, less traffic and also a lot less money.
So buy whatever pipes you like, and rev them up until car sirens go off all over the place, and all you are doing is putting nails into the coffin.
So buy whatever pipes you like, and rev them up until car sirens go off all over the place, and all you are doing is putting nails into the coffin.
#23
05-30-2010, 07:52 AM
Cities can and do pass ordinances that go against state law, take Myrtle Beach for example. Helmets are not required in SC but are within the city limits of MB. Then the emails flew but to no avail. Then the suits came, and they have more money. So the bikers say screw it and leave, and the town got what they wanted. Less noise, less traffic and also a lot less money.
So buy whatever pipes you like, and rev them up until car sirens go off all over the place, and all you are doing is putting nails into the coffin.
So buy whatever pipes you like, and rev them up until car sirens go off all over the place, and all you are doing is putting nails into the coffin.
Last edited by JefFLH; 05-31-2010 at 12:01 PM.
#24
08-06-2010, 12:36 AM
Seasoned HDF Member
Update: Seacoast Harley-Davidson fights back, sues Town of N. Hampton over noise law
#25
08-06-2010, 06:29 AM
This from the article was spot on:
The outcome of this conflict will depend largely on how the motorcyclists conduct themselves in their response to the public's opposition to noisy pipes. As with anything related to politics, it's all in how you're perceived. Should the bikers come off as combative and the townspeople look like the victims, they can expect more and harsher laws in the future and in other townships. However, if they (at least look like they're trying to) work with the people for a reasonable and fair resolution, they could win over the emotions of the rest of the public, not to mention the elected officials who pass the laws.
A few loudmouths could ruin it for everyone.
The outcome of this conflict will depend largely on how the motorcyclists conduct themselves in their response to the public's opposition to noisy pipes. As with anything related to politics, it's all in how you're perceived. Should the bikers come off as combative and the townspeople look like the victims, they can expect more and harsher laws in the future and in other townships. However, if they (at least look like they're trying to) work with the people for a reasonable and fair resolution, they could win over the emotions of the rest of the public, not to mention the elected officials who pass the laws.
A few loudmouths could ruin it for everyone.
#26
09-19-2010, 09:44 AM
North Hampton was harassing motorcycles Saturday, pulling everyone over and checking for violation of the states quiet 106 dB limit. No cages were pulled over. I spent 60 minutes in line, with several law abiding and frustrated riders, made me late for the BBQ.
Got to be something we can do about this harrasment short of avoiding that stretch of beach and multi million dollar homes. Liberty and individualism is something not tolerated in that town or Judith Day. When is she up for re-election?
Got to be something we can do about this harrasment short of avoiding that stretch of beach and multi million dollar homes. Liberty and individualism is something not tolerated in that town or Judith Day. When is she up for re-election?
Last edited by ColdCase; 09-19-2010 at 09:55 AM.
#27
11-18-2010, 07:24 AM
I don't believe it was North Hamption buty possibly Rye or New Castle. North Hamption has shown no interest in moving this law and the police department has stated publically they will not enforce it.
Latest news..:
By Elizabeth Dinan
edinan@seacoastonline.com
November 18, 2010 2:00 AM
NEW CASTLE — Bill Mitchell wants to make a federal case about loud motorcycles.
A recent founder of the group New Hampshire Citizens Against Loud Motorcycles, the New Castle resident instructed the group's attorney to attempt to have a motorcycle noise case heard by a federal judge.
"The dispute involves a federal statute and should, in our opinion, be judged in the Federal Circuit Court," Mitchell said.
The underlying dispute currently exists as a Rockingham Superior Court suit filed by Seacoast Harley Davidson in opposition to a new North Hampton ordinance regulating decibel levels emitted by motorcycles. The ordinance requires a federal Environmental Protection Agency sticker on all motorcycles manufactured after 1982, which indicates decibel levels don't exceed 80. That level is lower than the state of New Hampshire's 106-decibel requirement.
In its suit, the dealership asks the court to file a restraining order preventing North Hampton from enforcing the motorcycle noise ordinance, to declare that state law trumps the local ordinance in terms of motorcycle noise, and to award attorney's fees.
N.H. CALM has joined North Hampton in defending the suit, but the town isn't interested in taking it to a higher court.
A Nov. 15 e-mail distributed to N.H. CALM members written by North Hampton's attorney Matthew Serge said the town "does not assent to moving this matter to federal court." The e-mail does not offer an explanation, and Serge's office told the Herald on Wednesday he was unavailable for comment.
In his e-mail, Mitchell reminded group members that North Hampton Police Chief Brian Page called the ordinance unenforceable and, Mitchell believes, "the attitude of the town has been 'let's make this thing go away.'"
"The town ordinance is trying to circumvent state law and is not enforceable," Page told the town's Select Board in June. "It would be ridiculous for me to direct my men to enforce it."
N.H. CALM, on the other hand, hopes to get a federal ruling in support of the local ordinance and, Mitchell said, "make sure it's enforced."
"We all bought on to the strategy" to fund Portsmouth attorney Robert Shaines' legal fees to take the case to the federal court, he said.
Funding has come from donations, which Mitchell said are "getting a little thin" as a result of paying Shaines about $1,500 a month. To ramp up support, fliers are being prepared for New Castle residents, and N.H. CALM members plan to meet with newly elected lawmakers, he said.
Mitchell was so annoyed by loud motorcycles roaring past his home, he used his own money to buy the town's police department a decibel meter last year. He later learned it takes three officers to take an accurate decibel reading from a stopped motorcycle, so he founded N.H. CALM. The group legally formed as a corporation, retained Shaines, and its goal is to raise awareness, publicity and legal defense funds.
The North Hampton Harley Davidson dealership claims in its suit that the ordinance bans motorcycles from town without EPA labels on exhaust systems, "even though the motorcycles comply with the state's noise level limit of 106 decibels."
"The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire used motorcycle inventory illegal," according to the suit. The Harley dealership also notes that after-market exhaust pipes, which are popular among Harley owners, also do not have EPA stickers.
Earlier this year, the N.H. House killed a bill that would have mandated EPA stickers on motorcycle pipes as "inexpedient to legislate." Mitchell wrote to legislators urging them to enact the proposed law.
"For too long the citizens of New Hampshire have had to endure the outrageous racket caused by improperly muffled motorcycles," he wrote in January. "There is no justification in this day and age of environmental enlightenment to permit this noise pollution, or for allowing a minority to infringe on the rights of the majority to peace and quiet."
The bill was sponsored by state Rep. Judith Day, D-North Hampton, who has since joined N.H. CALM. Day did not seek re-election this fall.
Since then, Page, the county attorney and a N.H. Local Government Center attorney all stated publicly the North Hampton ordinance is not enforceable.
Mitchell said Day's husband, Larry Miller, out-going state Rep. David Borden, D-New Castle, and several Rye residents have joined N.H CALM. And while there is a Maine CALM organization, also in opposition to motorcycle noise, Mitchell said it is not affiliated and, unlike N.H CALM, not incorporated.
Judith Day. When is she up for re-election?
She did not run this year.
Latest news..:
Mitchell ready to take motorcycle noise fight to federal court
By Elizabeth Dinan
edinan@seacoastonline.com
November 18, 2010 2:00 AM
NEW CASTLE — Bill Mitchell wants to make a federal case about loud motorcycles.
A recent founder of the group New Hampshire Citizens Against Loud Motorcycles, the New Castle resident instructed the group's attorney to attempt to have a motorcycle noise case heard by a federal judge.
"The dispute involves a federal statute and should, in our opinion, be judged in the Federal Circuit Court," Mitchell said.
The underlying dispute currently exists as a Rockingham Superior Court suit filed by Seacoast Harley Davidson in opposition to a new North Hampton ordinance regulating decibel levels emitted by motorcycles. The ordinance requires a federal Environmental Protection Agency sticker on all motorcycles manufactured after 1982, which indicates decibel levels don't exceed 80. That level is lower than the state of New Hampshire's 106-decibel requirement.
In its suit, the dealership asks the court to file a restraining order preventing North Hampton from enforcing the motorcycle noise ordinance, to declare that state law trumps the local ordinance in terms of motorcycle noise, and to award attorney's fees.
N.H. CALM has joined North Hampton in defending the suit, but the town isn't interested in taking it to a higher court.
A Nov. 15 e-mail distributed to N.H. CALM members written by North Hampton's attorney Matthew Serge said the town "does not assent to moving this matter to federal court." The e-mail does not offer an explanation, and Serge's office told the Herald on Wednesday he was unavailable for comment.
In his e-mail, Mitchell reminded group members that North Hampton Police Chief Brian Page called the ordinance unenforceable and, Mitchell believes, "the attitude of the town has been 'let's make this thing go away.'"
"The town ordinance is trying to circumvent state law and is not enforceable," Page told the town's Select Board in June. "It would be ridiculous for me to direct my men to enforce it."
N.H. CALM, on the other hand, hopes to get a federal ruling in support of the local ordinance and, Mitchell said, "make sure it's enforced."
"We all bought on to the strategy" to fund Portsmouth attorney Robert Shaines' legal fees to take the case to the federal court, he said.
Funding has come from donations, which Mitchell said are "getting a little thin" as a result of paying Shaines about $1,500 a month. To ramp up support, fliers are being prepared for New Castle residents, and N.H. CALM members plan to meet with newly elected lawmakers, he said.
Mitchell was so annoyed by loud motorcycles roaring past his home, he used his own money to buy the town's police department a decibel meter last year. He later learned it takes three officers to take an accurate decibel reading from a stopped motorcycle, so he founded N.H. CALM. The group legally formed as a corporation, retained Shaines, and its goal is to raise awareness, publicity and legal defense funds.
The North Hampton Harley Davidson dealership claims in its suit that the ordinance bans motorcycles from town without EPA labels on exhaust systems, "even though the motorcycles comply with the state's noise level limit of 106 decibels."
"The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire used motorcycle inventory illegal," according to the suit. The Harley dealership also notes that after-market exhaust pipes, which are popular among Harley owners, also do not have EPA stickers.
Earlier this year, the N.H. House killed a bill that would have mandated EPA stickers on motorcycle pipes as "inexpedient to legislate." Mitchell wrote to legislators urging them to enact the proposed law.
"For too long the citizens of New Hampshire have had to endure the outrageous racket caused by improperly muffled motorcycles," he wrote in January. "There is no justification in this day and age of environmental enlightenment to permit this noise pollution, or for allowing a minority to infringe on the rights of the majority to peace and quiet."
The bill was sponsored by state Rep. Judith Day, D-North Hampton, who has since joined N.H. CALM. Day did not seek re-election this fall.
Since then, Page, the county attorney and a N.H. Local Government Center attorney all stated publicly the North Hampton ordinance is not enforceable.
Mitchell said Day's husband, Larry Miller, out-going state Rep. David Borden, D-New Castle, and several Rye residents have joined N.H CALM. And while there is a Maine CALM organization, also in opposition to motorcycle noise, Mitchell said it is not affiliated and, unlike N.H CALM, not incorporated.
Judith Day. When is she up for re-election?
Last edited by rscalzo; 11-18-2010 at 07:32 AM.
#28
11-18-2010, 09:54 AM
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Sounds like the same kind of BS they have in New Hope, Pa. For those not familiar, this is an artsy little river town on the banks of the Deleware River, across from Lambertville, NJ.
It's got a lot of neat little shops, bars and restaurants. It's known for being a bit bohemian. Lots of people go to New Hope on nice days just to walk around, shop, eat, and generally enjoy the people watching. Brings lots of revenue to the local merchants. It's also a very popular place w/ motorcyclists during the warm months. Well, about 3 years ago, they enacted a noise ordanance, w/ a max limit of 89dB. It was strictly aimed at the bikers.
2 years ago, I and a group of friends decided to for a ride to New Hope, since it was an unusually warm February day. After eating lunch, we were sitting in traffic (2-lane road that runs through town), waiting to get back to the bridge to head back to NJ. As we are sitting there, just idling (nobody was reving their bike), this cop on foot walks by, looks at my bike, looks down at the pipes, pulls a sound meter out of his back pocket, and motions for myself and my friends to pull over. He says he needs to test the sound level of my bike and my friend's bike ('04 RK w/ the same V&H Straight Shots that I have on my WG). We ask why. He says that those pipes (V&H) are "known to be too loud". We both read 91 dB, 2 dB over the limit. He then asks if we are aware of the noise ordnance in town. We replay that we do not, and that there is no notice posted when you cross the bridge. Instead of informing us and sending us on our way, he slaps us both w/ $88 tickets.
It's strictly a money-maker for the town. F that, haven't been back since.
It's got a lot of neat little shops, bars and restaurants. It's known for being a bit bohemian. Lots of people go to New Hope on nice days just to walk around, shop, eat, and generally enjoy the people watching. Brings lots of revenue to the local merchants. It's also a very popular place w/ motorcyclists during the warm months. Well, about 3 years ago, they enacted a noise ordanance, w/ a max limit of 89dB. It was strictly aimed at the bikers.
2 years ago, I and a group of friends decided to for a ride to New Hope, since it was an unusually warm February day. After eating lunch, we were sitting in traffic (2-lane road that runs through town), waiting to get back to the bridge to head back to NJ. As we are sitting there, just idling (nobody was reving their bike), this cop on foot walks by, looks at my bike, looks down at the pipes, pulls a sound meter out of his back pocket, and motions for myself and my friends to pull over. He says he needs to test the sound level of my bike and my friend's bike ('04 RK w/ the same V&H Straight Shots that I have on my WG). We ask why. He says that those pipes (V&H) are "known to be too loud". We both read 91 dB, 2 dB over the limit. He then asks if we are aware of the noise ordnance in town. We replay that we do not, and that there is no notice posted when you cross the bridge. Instead of informing us and sending us on our way, he slaps us both w/ $88 tickets.
It's strictly a money-maker for the town. F that, haven't been back since.
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