OFF THE WIRE
http://www.seacoastonline.com/articles/20111221-NEWS-111229924
After town motorcycle noise law sinks, attention shifts to 2012 bill
By Shir Haberman shaberman@seacoastonline.com
December 21, 2011
NORTH HAMPTON - Police Chief Brian Page took some heat last year, first for opposing a petitioned warrant article to curtail motorcycle noise in town, and later for refusing to enforce the ordinance after voters passed it by a 2-1 margin. Based on several legal opinions, Page said, police and the town could face legal action if they tried to enforce a lower noise threshold than state law allows.
Page has been vindicated now that a Rockingham County Superior Court judge granted a permanent injunction against the town enforcing the ordinance. The ruling was prompted by an action filed by Seacoast Motorcycles Inc., a Harley-Davidson dealer on Lafayette Road, which claimed that because there is a state law governing motorcycle noise, no town can enact a standard that is more restrictive.
"The court agrees with the plaintiff and finds that the subject of motorcycle noise is preempted by the state and that, since the state has not authorized the town to regulate motorcycle noise, the town has no legal authority to adopt or enforce the ordinance," Judge Kenneth McHugh wrote in his Dec. 9 decision.
Page, noting he has not yet seen the court order, told the Hampton Union he never doubted the outcome of the case, which centered on an ordinance that would have required motorcycles driving through or located in town to have mufflers that complied with the federal EPA standard of 80 decibels. State law allows 106 decibels.
Page has supported efforts to lower the decibel limit in state law.
"In addition," Page said, "I want to get out (the fact) that a number of the Seacoast police chiefs and members of the State Police look forward to continuing to work with the riders, the New Hampshire Auto Dealers' Association, the Seacoast HOG chapter, the New Hampshire Motorcycle Rights Organization and, of course, the General Court, in order to come up with state legislation that will make it easier and more efficient for law enforcement to test the compliance of the sound levels of motorcycle exhaust."
One of those involved in the legislative push is state Rep. Michele Peckham, R-North Hampton.
Peckham is a sponsor of House Bill 1442, due to be introduced in 2012 and scheduled for a Feb. 7 hearing in Concord. The bill would lower the state's motorcycle noise limit to the federal standard, beginning Jan. 1, 2013.
Peckham told town leaders earlier this year that three attempts by members of the New Hampshire Legislature in the past four years to reduce motorcycle noise have failed. She called the opposition from the powerful motorcycle lobby opposed to lowering the decibel limit "fierce."
Peckham said the bill was written not to go into effect until 2013 because the motorcycle community and motorcycle dealers have said replacing mufflers would be a great expense. "That grandfathers every motorcycle on the road today (that is compliant with the state's 106-decibel standard and) allows motorcycle dealers time to deplete their inventories," she said.
Peckham said her bill also requires that any motorcycle brought in for servicing after the legislation's effective day would have to have EPA-compliant mufflers put on at that time.
She urged those who supported the town's motorcycle noise ordinance, which passed at the North Hampton's Town Meeting in May 2010, to support her legislation.
Among those now supporting Peckham's legislation is Larry Miller.
Miller, who is now on the Select Board, and his wife, former state Rep. Judith Day, were prime movers in getting the town ordinance passed. Miller said it would be better to support Peckham's bill than for the town to appeal the court ruling on the town motorcycle noise ordinance.
"Whether she'll be successful in getting the necessary support is still a question," Miller said.
Town Administrator Steve Fournier said he had just read the court decision and that he needed to discuss any further action on the case with the Select Board and town attorney. However, he called the decision "pretty cut and dried."
"I'm not sure on what grounds we could appeal, but we have to talk to our legal counsel about that," he said.
