Saturday, July 24, 2010

Loud Motorcycles Ride Despite Noise Law Violation

OFF THE WIRE
DENVER (CBS4) ― Click to enlarge1 of 1
Loud motorcycle pipes are illegal in Denver
CBS
CBS4 Investigates Section
It may sound like thunder, but that noise could be a motorcycle in violation of Denver's 3-year-old controversial law. It's a law the CBS4 Investigator Rick Sallinger found is rarely being enforced.

The law in Denver mandates that motorcycle pipes must have the Environmental Protection Agency stamp of approval for noise emission, and cannot produce more than 82 decibels of sound measured from 25 feet away.

Denver Police records, obtained by CBS4, show just 37 tickets were issued in 2007, the law's first year. In 2008, just 4 tickets, and last year 5 tickets. So far this year, no tickets have been issued.

Attorney Wade Eldridge represents motorcycle clubs.

"I think it was something the city council passed that they knew was unenforceable as a practical matter," said Eldridge.

He suggests those who receive tickets in Denver or elsewhere demand trials.

While Denver has issued no tickets this year, Golden has slapped 81 loud motorcycle riders at $125 per citation.

"If the rider decides he is going to make noise and it draws the attention of the officer, he's going to get fined," said Golden City Manager Mike Bestor.

Those whose businesses depend on the motorcycles find the silence deafening.

"It's decreased business by 30 percent. I've lost $9,000 a month," said co-owner of the Buffalo Rose Murry Martinez.

In Denver, almost every motorcycle CBS4 checked did not have the EPA-approved pipes and measured above the legal limit.

Motorcycle enthusiasts call the law discriminatory.

"A city garbage truck puts out more noise than a Harley Davidson," said one rider.

When asked about the loud pipes, Denver Police Officer Jim Pelloni said, "We're only going to stop them if they are riding real aggressive, creating a lot of noise and bringing attention to themselves."

A survey of Denver City Council members shows they've received hardly any complaints lately. Police said if they do get complaints, they will enforce the little-used law.

The noise law in Denver is not reserved for motorcycles, but also for booming sound systems and cars in need of mufflers.