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Tuesday, February 15, 2011

NEW HAMPSHIRE: Motorcycle ordinance on hold Rye to wait for results of North Hampton suit..

OFF THE WIRE

www.seacoastonline.com/apps/pbcs.dll/article?AID=/20110210/NEWS/10210042 0/
Motorcycle ordinance on hold Rye to wait for results of North Hampton suit
By Dave Choate
 dchoate@seacoastonline.com
 February 10, 2011 2:00 AM RYE - The effort to curb motorcycle noise in town has hit a roadblock - for now. Led by local members of the group N.H. Citizens Against Loud Motorcycles, a petition effort that reached the town ballot calls for quieter motorcycles, arguing that overly loud cycles are a quality of life issue on the Seacoast. The warrant article aims to require any motorcycle riding through Rye to bear a sticker from the Environmental Protection Agency stating it meets the federal requirement to not exceed 82 decibels. Selectmen had expressed caution about the idea, given that North Hampton's efforts to enforce its noise ordinance have drawn a lawsuit from riders and dealerships. While David Hickey of N.H. CALM argued at a previous meeting that Rye would not be affected because it has no motorcycle dealerships, selectman Joe Mills proposed an amendment Saturday to hold off on implementing the item should it pass, based on the legality of North Hampton's ordinance being upheld. That amendment ultimately passed. William Laverty, a resident of Ocean Boulevard, said that a deliberative session in the summer would have turned out a full room of disgruntled residents who are bothered by the roar of passing motorcycles throughout the season. He was joined by a handful of other residents who said the noise created by those who ride overly loud motorcycles presents problems for them and their families. "What's concerning me is that I live on one street of town that is highly impacted by this. It is a very serious situation for those of us that live on these roads," Laverty said. Chip Kelly, who told the crowd he has two Harley-Davidson motorcycles that are within the law, said he was uncomfortable with some of the generalizations and stereotypes about riders he heard at the session. He also rejected the idea that Rye would be able to avoid litigation if the ordinance went forward. "To suggest it's not going to be expensive for the town, I don't think is realistic," Kelly said. Police Chief Kevin Walsh continued to make his argument that the proposed ordinance would be unenforceable by police, and both he and former police chief Allan Gould argued that the change needs to come at the state level, where 106 decibels is the legal limit. Don Jeka, a Rye resident who owns the Great Bay Triumph, Ducati and Vespa motorcycle dealership in nearby North Hampton, took much the same stance, saying he believes the 106 decibel standard should be lowered, a course of action he believes will ultimately be more productive than the ordinance. "I don't want our town to pursue an ordinance that's destined to fail," Jeka said. The amended article will go before the voters on March 8.