Filing date for noise ordinance case nears

OFF THE WIRE
Filing date for noise ordinance case nears

By Shir Haberman
hamptonunion@seacoastonline.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it

NORTH HAMPTON — As the due date approaches for briefs to be filed in the legal action brought by the Seacoast Harley-Davidson dealership on Lafayette Road to prevent the enforcement of the town's new motorcycle noise ordinance, local police are continuing to try to deal with the noise issue in the only manner left to them.

On Saturday, Sept. 18, from 11:15 a.m. to 1:40 p.m., North Hampton police, along with Rye police and troopers from Troop G of the N.H. State Police, conducted motorcycle and traffic enforcement checkpoints at the Rye/North Hampton town line. Every motorcycle the officers encountered was voluntarily tested or was put through mandatory testing based on individual circumstances.

As a result, 66 motorcycles were stopped and tested. That resulted in the issuance of one summons, three defective-equipment tags and 14 warnings for assorted motor vehicle violations.

Approximately 13 of the motorcycles checked, or about 20 percent, tested over the acceptable noise level of 106 decibels allowed under state law.

This is the second such joint effort this year. On Sunday, Aug. 22, between 10:50 a.m. and 3 p.m., officers from the Rye, Hampton and North Hampton police departments joined with troopers to man motorcycle and traffic enforcement checkpoints on the Seacoast.

In that check, 28 motorcycles were tested resulting in the issuance of five summonses and two defective-equipment tags.

North Hampton Police Chief Brian Page conjectured the low number of motorcycles encountered in August was the result of poor weather conditions.

Briefs in the North Hampton noise ordinance case are due in Rockingham County Superior Court on Oct. 16. As of last week, Town Administrator Steve Fournier said attorneys for the town are continuing to work on defending the new ordinance from the dealership's action.

"As of now, there is no change in the town's direction with the lawsuit," Fournier said.

The ordinance seeks to make it illegal to operate or park a motorcycle in town that does not have an EPA label on its exhaust system. That label signifies that at the time of production, the noise coming from that system did not exceed 80 decibels.

The regional attorney for the EPA has ruled that his agency's regulations do not give individual communities the right to enforce a standard that state law does not.

The group of citizens that was instrumental in getting the new noise ordinance passed at the May 2010 town elections and a newly formed group based in New Castle called NH-CALM have indicated they will file briefs in support of the ordinance with the court.