East Greenwich Final Ordinance 11/9/2009
The final
hearing on the motorcycle EPA label law that started in the
town of East Greenwich, RI as an emergency motorcycle noise
abatement ordinance last July, was held November 9, 2009.
The original intent of this ordinance was to effectively ban
or fine any motorcycle in town that did not have an original
equipment EPA certification label on both the frame and
exhaust system of the bike. This was in response to many,
many noise complaints made to members of the town council,
and the council using a broad brush approach to control a
small minority of irresponsible bikers. The original
ordinance is below.
The RIMA
legislative task force went into immediate action by
contacting the town council members to express our
opposition to this highly discriminatory, biased bill
against all motorcycles. RIMA reps have attended every
town council meeting since, and has testified at these
hearings as well as meeting to discuss alternatives.
The �final� version was heard at the October 26th
council meeting, at which RIMA again offered testimony to
the short comings of the proposed law and made a push to
simplify the ordinance and eliminate the so called enhanced
penalties. After the October 26th meeting,
RIMA members were also urged to phone and email the council
people and continue the push to eliminate the enhanced
penalties for after market exhaust. Our main argument
aimed to shift the responsibility of excessive noise off the
equipment and onto the irresponsible behavior of the
individual operating the motorcycle. As we witnessed
on the evening of November 9, the message was heard loud and
clear as each council member talked about the behavior of
the operator vs. the equipment. Also each town
councilman made note of the emails and phone calls received.
This incredible effort by the RIMA legislative Task Force
and the membership at large convinced the East Greenwich
Town Council to unanimously vote against any EPA Label
requirements or original equipment restrictions and for an
amended �final� version that eliminates the enhanced penalty
portion of the ordinance. While the 2nd and
3rd offense fines have been raised, what is now
in effect is a motor vehicle noise ordinance that addresses
all motor vehicles, not only motorcycles,. It
addresses all noise from these vehicles, including loud
stereos that can be heard from 200 ft, not just motorcycle
exhaust. Also eliminated is the provision in the 2nd
and 3rd offense that would have led to impounding
the vehicle.
Congratulations to the RI Motorcycle Association Legislative
Task Force and a sincere thanks to the members that
contacted the East Greenwich Town Council. Your
efforts are greatly appreciated.
Below is the final version (with deletions) that was
approved by the Town of East Greenwich. Take note, the
town council also made it quite clear that should noise
(motorcycles in particular) still be an issue in spite of
this ordinance, then additional measures will again be
implemented. So a word to the wise�.
� 152-14 Excessive
Vehicular Noise.
Unnecessary, excessive, or offensive vehicular noise: Any
sound or noise emanating from any vehicle(s) in motion,
parked, or standing on any streets, land parcels, or
properties, public or private, within the Town of East
Greenwich, plainly audible to a person of reasonably
sensitive hearing at a distance of two hundred (200) feet
from its source, shall be deemed a prima facie violation of
this article.
For the purposes of this section, �plainly audible�
means any sound which clearly can be heard, by unimpaired
auditory senses based on a direct line of sight of 200 feet
or more, from the source of the sound and crosses a property
boundary line or boundary between two dwelling units,
however, words or phrases need not be discernible and said
sound shall include base reverberation.
Any operator of any vehicle violating the provisions
of this chapter shall be fined according to the following:
First offense: One Hundred Dollars ($100.00) and where
applicable, enhanced penalties as specified.
Second Offense: Two
Hundred Fifty Dollars ($250.00)Two
Hundred Dollars ($200.00) and where applicable,
enhanced penalties as specified.
Third Offense:
Five Hundred Dollars ($500.00) Three Hundred
Dollars ($300.00) and where applicable, enhanced penalties
as specified.
Enhanced
Penalties: Under circumstances when an issuing officer(s)
have clear evidence to determine that the excessive noise
emanating from the offending vehicle is the result of any
modification, alteration, or substitution of the original
equipment manufactures (OEM) components, the following
enhanced penalties shall apply:
First
Offense: an additional One Hundred Dollars ($100.00)
Second
Offense: an additional One Hundred and Fifty Dollars
($150.00) and vehicle impounded and released for tow only
with all tow related expenses paid by the operator or person
seeking vehicle release.
Third
Offense: an additional Two Hundred and Dollars ($200.00) and
vehicle impounded and released for tow only with all tow
related expenses paid by the operator or person prior
obtaining vehicle release.
For first offense violators, the offending vehicle may be
corrected, and displayed at Police headquarters, to any
sworn member of the East Greenwich Police Department. Upon
satisfactory inspection of said correction the enhanced
penalty will be waived however future violations, by the
operator cited, will be considered a second or subsequent
offense and subject to the appropriate fine and penalty as
specified herein.
Any and all Emergency Vehicles engaged in official
business requiring audible warning or public address shall
be exempt from any provision of this ordinance.
Section 2. This ordinance amendment shall take effect and be
made part of the Code of Ordinances of the Town of East
Greenwich, Rhode Island upon its passage.
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