Enforceability of North Hampton motorcycle noise ordinance questioned North Hampton chief seeks information on legality of ordinance

OFF THE WIRE
http://www.seacoastonline.com/articles/20100518-NEWS-5180352 Enforceability of North Hampton motorcycle noise ordinance questioned North Hampton chief seeks information on legality of ordinance Today's most viewed articles Travolta's dogs killed in airport mishap - 5/17/2010Man who jumped from bridge dies - 5/18/2010Man jumps to his death from I-95 bridge - 5/19/2010PSNH invites electric customers to pay for more than they use - 5/16/2010Naked joggers prompt Portsmouth police call - 5/18/2010Bus bomb scare inspires T-shirt design, business - 5/18/2010 Photo 1 of 1 | Zoom Photo +

Staff file photo Motorcycle riders cruise along Route 1A in North Hampton last summer. By Shir Haberman hamptonunion@seacoastonline.com May 18, 2010 2:00 AM NORTH HAMPTON — The motorcycle noise ordinance that passed by almost 2 to 1 at the May 11 town elections could have a financial impact on the town as the warm weather riding season is set to begin.

Pete Pitman, president of the Manchester Motorcycle Club, is asking his 67 members to boycott North Hampton businesses until this ordinance is repealed and is urging other motorcycle clubs around the state to do the same.

"My feeling is that if police had enforced the current noise ordinance, the town would not have had to pass this one," Pitman said. "I think this is a continuation of (North Hampton Rep.) Judith Day's vendetta against motorcycles."

Pitman said the ordinance passed in North Hampton is virtually the same as legislation Day had previously proposed at the state level, but was rejected by the Legislature.

The Manchester club president also noted the North Hampton ordinance would place a huge financial burden on area motorcyclists by requiring each motorcycle that is in town or riding through the community to have an EPA sticker that shows it meets federal noise standards.

"Those stickers are good for 3,700 miles and then they expire," Pitman said. "Motorcycle owners would have to replace their exhaust systems every 3,700 miles to be in compliance, and exhaust system replacements for older bikes are not available and have to be custom built."

North Hampton Police Chief Brian Page has concerns about the ability of his department to enforce the new town ordinance. However, Page wanted to make it clear he was not against attempts to curb overly loud motorcycle noise in town and in surrounding communities.

"On a professional as well as a personal basis, I have no use for those things," Page said referring to motorcycles. "I moved off a main road in Hampton because I don't like the noise they make."

However, the chief said he questioned whether the town has the authority to enforce the noise ordinance passed by voters.

"I find it difficult to believe that a town can remove the rights of a group of people," Page said.

The motorcycle noise ordinance was outlined in Article 26 of the municipal warrant passed by a vote of 512 to 274 at town elections May 11. It calls noise from motorcycles "a chief contributor of ... excessive noise" in town and references an U.S. Environmental Protection Agency regulation that requires motorcycle manufacturers to attach a permanent label to their products stating they meet the EPA's noise emission requirements.

The North Hampton ordinance prohibits the operation or parking of any motorcycle that does not have this label in town. First violations of the ordinance would result in a fine of between $200 and $500, and each subsequent violation would be punishable by a find of between $500 and $1,000.

Page noted at this year's deliberative session that often the EPA label is located on the bottom of the motorcycle making it difficult for police officers to get to. The chief also indicated that stopping a motorcyclist for what could be a violation of the ordinance could be seen as a civil rights infraction and lead to lawsuits against the town and/or the officers involved.

The chief said he is in the process of getting legal opinions on whether the ordinance is legally enforceable from the state attorney general and the two judges who hear cases in Hampton District Court. Depending on what is learned, Page said he will make a recommendation to the Select Board.

"Thankfully, the ordinance gives 60 days before it is enacted," Page said. "That gives me some time to get some answers."

In August of last year when the issue of motorcycle noise came up at a Select Board meeting, Page was openly critical of lawmakers for failing to lower the legal noise limit for motorcycles in the state.

"One of the things that has failed miserably at the state is the effort to change the allowable motorcycle noise level," the North Hampton chief said. "It is still 106 decibels."

Page continues to be critical of lawmakers and insists the only way they will ever take the matter seriously is if more citizens show up legislative committee hearings to push for a change.

"The citizens (who wrote and supported the ordinance) should be the ones to testify in Concord," he said. "I helped (Rep.) Judy Day write legislation to reduce the decibels allowed to 95, but this year the legislation went nowhere."