| North Hampton N.H. Noise Ordinance News |
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May 26 2010: NHMRO has met with several of the business owners in North Hampton and
learned that measures are being taken in regards to the Motorcycle Noise Ordinance.
Thorough our discussions it quickly became obvious that this is not final and that, in fact - in
that in the coming days and weeks before the ordinance goes into effect - that things might
change.
We ask that the motorcyclists of New Hampshire do not take action at this time. We need
to let the businesses of North Hampton determine how to best address this - and how this
will effect them and then us. They are actively seeking a solution.
NHMRO asks that ALL motorcyclists NOT boycott North Hampton businesses until it has been
determined that in doing so, it will be effective. Your voice(s) have been heard in North
Hampton (along with your pipes) and we do not want to add to the difficulties that
businesses are already experiencing.
The ONE thing you can do, is to ensure that your exhaust meets the current state regulation
of 106 db and are not seen on as being obnoxious with the noise. You KNOW what I mean.
Stay tuned to this website, read your email from us and keep informed. We don't want to
take any rash actions and hurt others. More updates to follow!! Of course - your feedback is
always welcome (click here).
learned that measures are being taken in regards to the Motorcycle Noise Ordinance.
Thorough our discussions it quickly became obvious that this is not final and that, in fact - in
that in the coming days and weeks before the ordinance goes into effect - that things might
change.
We ask that the motorcyclists of New Hampshire do not take action at this time. We need
to let the businesses of North Hampton determine how to best address this - and how this
will effect them and then us. They are actively seeking a solution.
NHMRO asks that ALL motorcyclists NOT boycott North Hampton businesses until it has been
determined that in doing so, it will be effective. Your voice(s) have been heard in North
Hampton (along with your pipes) and we do not want to add to the difficulties that
businesses are already experiencing.
The ONE thing you can do, is to ensure that your exhaust meets the current state regulation
of 106 db and are not seen on as being obnoxious with the noise. You KNOW what I mean.
Stay tuned to this website, read your email from us and keep informed. We don't want to
take any rash actions and hurt others. More updates to follow!! Of course - your feedback is
always welcome (click here).
June 25 2010: Please know that your Board of Directors is ALL OVER this issue, but we
MUST let those in North Hampton try to figure this out first, before the rest of us can take
action.
There is still a lot of uncertainty and "mis-information" being tossed around, letters being
written to the editor that may or may not have factual information. It is important to be
heard, however - let's make sure we know the facts before taking action.
It is also important to remain respectful, even thought we don’t agree with a LOT that is
being said. We again, ask that if you are NOT A RESIDENT of North Hampton, WAIT before
taking ANY action besides “writing to the editor” of local papers.
Things are changing weekly and we recently heard that the businesses of North Hampton
hear your message loud and clear. The folks in North Hampton are working to understand
the full impact that this ordinance will cause. Once a final decision is made as to how they
will address this - we'll let you know! STAY TUNED!.....
MUST let those in North Hampton try to figure this out first, before the rest of us can take
action.
There is still a lot of uncertainty and "mis-information" being tossed around, letters being
written to the editor that may or may not have factual information. It is important to be
heard, however - let's make sure we know the facts before taking action.
It is also important to remain respectful, even thought we don’t agree with a LOT that is
being said. We again, ask that if you are NOT A RESIDENT of North Hampton, WAIT before
taking ANY action besides “writing to the editor” of local papers.
Things are changing weekly and we recently heard that the businesses of North Hampton
hear your message loud and clear. The folks in North Hampton are working to understand
the full impact that this ordinance will cause. Once a final decision is made as to how they
will address this - we'll let you know! STAY TUNED!.....
July, 2010: We have learned that the North Hampton Police will NOT be enforcing this
ordinance until further notice. However, NHMRO has been advised that they will be
enforcing the state noise emissions law of 106 decibels as well as the local ordinance that
addresses "unnecessary noise and throttling" for those folks who are obnoxiously riding
through their town.
NHMRO has been asked by Chief Brian Page to let motorcyclists know that there will be
both Inspection Check Points and Noise checks performed throughout the seacoast region
during the months of July, August and September.
Many folks have expressed the intension of boycotting businesses in North Hampton;
NHMRO's position is to NOT boycott the business. It is important to realize that many
businesses are working WITH us in this, and by boycotting them will only hurt them even
more. They hear you - and they are working on things, let's give them a chance.
NHMRO will be communicating to the members any changes in this situation. If you are not
a member, this is a good reason to join now!
ordinance until further notice. However, NHMRO has been advised that they will be
enforcing the state noise emissions law of 106 decibels as well as the local ordinance that
addresses "unnecessary noise and throttling" for those folks who are obnoxiously riding
through their town.
NHMRO has been asked by Chief Brian Page to let motorcyclists know that there will be
both Inspection Check Points and Noise checks performed throughout the seacoast region
during the months of July, August and September.
Many folks have expressed the intension of boycotting businesses in North Hampton;
NHMRO's position is to NOT boycott the business. It is important to realize that many
businesses are working WITH us in this, and by boycotting them will only hurt them even
more. They hear you - and they are working on things, let's give them a chance.
NHMRO will be communicating to the members any changes in this situation. If you are not
a member, this is a good reason to join now!
| EPA on motorcycle noise: Town can't supersede state noise law Opinion based on North Hampton motorcycle ordinance approved at the polls in March |
By Shir Haberman
news@seacoastonline.com
September 07, 2010 2:00 AM
NORTH HAMPTON — Just because the U.S. Environmental Protection Agency requires
a label on each motorcycle muffler indicating the noise the vehicle produces does not
exceed 80 decibels doesn't mean a municipality has the right to enforce that noise
level, according to a lawyer for the federal agency.
"The Noise Control Act, which authorizes EPA to enact noise control regulations,
states that 'nothing in this section precludes or denies the right of any state or
political subdivision thereof to establish and enforce controls on environmental
noise,'"‰" EPA Senior Assistant Regional Counsel Timothy Williamson wrote in an
Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However,
neither does it grant localities any additional authority to control environmental noise
beyond that available to them under state and local law."
To read full article - click here
news@seacoastonline.com
September 07, 2010 2:00 AM
NORTH HAMPTON — Just because the U.S. Environmental Protection Agency requires
a label on each motorcycle muffler indicating the noise the vehicle produces does not
exceed 80 decibels doesn't mean a municipality has the right to enforce that noise
level, according to a lawyer for the federal agency.
"The Noise Control Act, which authorizes EPA to enact noise control regulations,
states that 'nothing in this section precludes or denies the right of any state or
political subdivision thereof to establish and enforce controls on environmental
noise,'"‰" EPA Senior Assistant Regional Counsel Timothy Williamson wrote in an
Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However,
neither does it grant localities any additional authority to control environmental noise
beyond that available to them under state and local law."
To read full article - click here
| News Regarding North Hampton! |
Motorcycle noise case sent back to county court
By Elizabeth Dinan
edinan@seacoastonline.com
February 08, 2011 2:00 AM
CONCORD — The state's federal court declined to hear a motorcycle noise dispute, remanded
the case back to Rockingham County Superior Court and ordered motorcycle noise opponents
to pay a Harley-Davidson dealership's legal fees.
By order dated Feb. 4, U.S. District Court Judge Landya McCafferty ruled that a case filed by
New Hampshire Citizens Against Loud Motorcycles belongs in the superior court, not the federal
court, as NH CALM had argued. New Castle resident and NH CALM founder Bill Mitchell
previously told the Herald the dispute involves a federal statute and should be judged in the U.
S. Circuit Court.
The federal judge disagreed Friday on the basis that NH CALM intervened in the case involving
Seacoast Motorcycles and the town of North Hampton. Because the town did not join NH CALM in
its motion to have the case heard in the federal court, the judge wrote, the court lacked
jurisdiction over the dispute.
"Without formally analyzing the issue, the court observes that NH CALM's claim for federal-
question jurisdiction appears to be exceptionally weak," McCafferty wrote.
The judge also ordered NH CALM to pay Seacoast Motorcycles' attorney fees in an amount to
be determined within 20 days.
The underlying dispute involves a Superior Court lawsuit filed by Seacoast Motorcycles in
opposition to North Hampton's new ordinance regulating decibel levels emitted by motorcycles.
The ordinance requires a federal Environmental Protection Agency sticker on all motorcycles
manufactured after 1982, which indicates decibel levels don't exceed 80.
That level is lower than the state of New Hampshire's 106-decibel requirement.
In its suit, the dealership asks the court to file a restraining order preventing North Hampton
from enforcing the motorcycle noise ordinance, to declare that state law trumps the local
ordinance in terms of motorcycle noise and to award attorney's fees.
North Hampton Police Chief Brian Page has called the ordinance unenforceable.
"The town ordinance is trying to circumvent state law and is not enforceable," he told the town's
Select Board in June of 2010. "It would be ridiculous for me to direct my men to enforce it."
Mitchell was so annoyed by loud motorcycles roaring past his home, he used his own money to
buy the New Castle Police Department a decibel meter last year. He later learned it takes three
officers to take an accurate decibel reading from a stopped motorcycle, so he founded NH
CALM. The group legally formed as a corporation, retained Portsmouth attorney Robert Shaines
and worked toward its goal is to raise awareness, publicity and legal defense funds.
The Harley dealership claims in its suit that the ordinance bans motorcycles from town without
EPA labels on exhaust systems, "even though the motorcycles comply with the state's noise
level limit of 106 decibels."
"The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire
used motorcycle inventory illegal," according to the suit. The Harley dealership also notes that
after-market exhaust pipes, which are popular among Harley owners, also do not have EPA
stickers.
Last year the N.H. House killed a bill that would have mandated EPA stickers on motorcycle
pipes as "inexpedient to legislate." The bill was sponsored by state Rep. Judith Day, D-North
Hampton, who has since joined NH CALM.
By Elizabeth Dinan
edinan@seacoastonline.com
February 08, 2011 2:00 AM
CONCORD — The state's federal court declined to hear a motorcycle noise dispute, remanded
the case back to Rockingham County Superior Court and ordered motorcycle noise opponents
to pay a Harley-Davidson dealership's legal fees.
By order dated Feb. 4, U.S. District Court Judge Landya McCafferty ruled that a case filed by
New Hampshire Citizens Against Loud Motorcycles belongs in the superior court, not the federal
court, as NH CALM had argued. New Castle resident and NH CALM founder Bill Mitchell
previously told the Herald the dispute involves a federal statute and should be judged in the U.
S. Circuit Court.
The federal judge disagreed Friday on the basis that NH CALM intervened in the case involving
Seacoast Motorcycles and the town of North Hampton. Because the town did not join NH CALM in
its motion to have the case heard in the federal court, the judge wrote, the court lacked
jurisdiction over the dispute.
"Without formally analyzing the issue, the court observes that NH CALM's claim for federal-
question jurisdiction appears to be exceptionally weak," McCafferty wrote.
The judge also ordered NH CALM to pay Seacoast Motorcycles' attorney fees in an amount to
be determined within 20 days.
The underlying dispute involves a Superior Court lawsuit filed by Seacoast Motorcycles in
opposition to North Hampton's new ordinance regulating decibel levels emitted by motorcycles.
The ordinance requires a federal Environmental Protection Agency sticker on all motorcycles
manufactured after 1982, which indicates decibel levels don't exceed 80.
That level is lower than the state of New Hampshire's 106-decibel requirement.
In its suit, the dealership asks the court to file a restraining order preventing North Hampton
from enforcing the motorcycle noise ordinance, to declare that state law trumps the local
ordinance in terms of motorcycle noise and to award attorney's fees.
North Hampton Police Chief Brian Page has called the ordinance unenforceable.
"The town ordinance is trying to circumvent state law and is not enforceable," he told the town's
Select Board in June of 2010. "It would be ridiculous for me to direct my men to enforce it."
Mitchell was so annoyed by loud motorcycles roaring past his home, he used his own money to
buy the New Castle Police Department a decibel meter last year. He later learned it takes three
officers to take an accurate decibel reading from a stopped motorcycle, so he founded NH
CALM. The group legally formed as a corporation, retained Portsmouth attorney Robert Shaines
and worked toward its goal is to raise awareness, publicity and legal defense funds.
The Harley dealership claims in its suit that the ordinance bans motorcycles from town without
EPA labels on exhaust systems, "even though the motorcycles comply with the state's noise
level limit of 106 decibels."
"The ordinance has the effect of making the majority of Seacoast's (Harley dealership) entire
used motorcycle inventory illegal," according to the suit. The Harley dealership also notes that
after-market exhaust pipes, which are popular among Harley owners, also do not have EPA
stickers.
Last year the N.H. House killed a bill that would have mandated EPA stickers on motorcycle
pipes as "inexpedient to legislate." The bill was sponsored by state Rep. Judith Day, D-North
Hampton, who has since joined NH CALM.
| Liability disclaimer: Every effort has been made to ensure the accuracy and completeness of the electronic documents and resources provided on this Web site. However, the New Hampshire Motorcyclists' Rights Organization (NHMRO) makes no warranties, express or implied, regarding errors or omissions and assumes no legal liability or responsibility for loss or damage resulting in the use of this information contained within. Copyright 1995-2009 The New Hampshire Motorcyclists' Rights Organization |
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for their type of sales or service!
| Our Supporters |
Atlantic Upholstery
Londonderry, NH 603-432-3391
Specializing in Antique, Classic & Hot Rod Restorations. Auto & Truck
Seats, Headliners, Convertible Tops - Motorcycle & Snowmobile Seats -
Boat Covers & Interiors
Londonderry, NH 603-432-3391
Specializing in Antique, Classic & Hot Rod Restorations. Auto & Truck
Seats, Headliners, Convertible Tops - Motorcycle & Snowmobile Seats -
Boat Covers & Interiors
NHMRO recognizes the businesses that support us through various
contributions of their services, products and discounts. We are listing
the businesses here area token of our appreciation for a period of time.
We ask that you consider these businesses when looking for their type of
sales or service!
contributions of their services, products and discounts. We are listing
the businesses here area token of our appreciation for a period of time.
We ask that you consider these businesses when looking for their type of
sales or service!
Manchester Harley Davidson
115 John E Devine Drive Manchester, NH www.manchesterhd.com
603-622-2461
115 John E Devine Drive Manchester, NH www.manchesterhd.com
603-622-2461
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Northeast Motorcycle Expo & Kev-Marv Productions
www.kevmarv.com
www.kevmarv.com
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| Gold Sponsors |
| Joseph A. Ritzo Attorney at Law Representing Injured People Since 1985 Email or Call 24 hours/7 days a week 603-436-1070 or 1-800-232-7533 email: lawyers@ritzo-injurylaw.com www.ritzo-injurylaw.com |
| Makris Lobster & Steak House Don't wait any longer! Come See us today; your stomach will thank you! Rt. 106 North - just past the Rt.202 junction. Concord, NH - 603-225-7665 www.eatalobster.com |
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| Sponsors |
Deerhead Sportsmen's Club
314 Londonderry Tkpe (Rt 28 bypass)
Hooksett, NH
314 Londonderry Tkpe (Rt 28 bypass)
Hooksett, NH
Lafayette Press Inc.
455 Hayward St.
Manchester, NH 03103
603-622-8142
455 Hayward St.
Manchester, NH 03103
603-622-8142
HK Powersports of Hooksett/Hooksett Kawaski
1354 Hooksett Rd, Hooksett NH
603-668-4343
web: www.hkpowersports.com
1354 Hooksett Rd, Hooksett NH
603-668-4343
web: www.hkpowersports.com
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Rockin Rick's Tattoo Shack
190 Londonderry Turnpike(Rt. 28 Bypass)
603-623-8287
190 Londonderry Turnpike(Rt. 28 Bypass)
603-623-8287
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Older Bikers Riding Club -Southern New Hampshire Chapter
www.olderbikers.org or
www.facebook.com/pages/obrc-southern-nh-chapter/143713702347253
www.olderbikers.org or
www.facebook.com/pages/obrc-southern-nh-chapter/143713702347253
| "People, Equipment, Commitment" Ted Bantis Excavating Excavating - Grading - Drainage -Underground Utilities Sewer & Water Services - Septic Systems - Road Construction 603-627-8519 879 Londonderry Turnpike Auburn NH www.tedbantisexcavating.com |
| Huge antique center featuring scores of dealer booths!! 601 Main Street Laconia, NH 03246 603-524-3460 www.laconiaantiquecenter.com |
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KSU Motorcycle Gear
852 Lafayette Road (Rt. 1)
Hampton, NH 03842
email: ksumcgear@gamil.com
852 Lafayette Road (Rt. 1)
Hampton, NH 03842
email: ksumcgear@gamil.com
| ______________________ |
Rochester Sports Center
98 Calef Hwy (Rt. 125)
Barrington, NH 03825
603-332-1022
web: rochestersportscenter.com
98 Calef Hwy (Rt. 125)
Barrington, NH 03825
603-332-1022
web: rochestersportscenter.com
| ______________________ |
| Broken Spoke Saloon 1072 Watson Road (Rt. 3) Laconia, NH 03246 (603) 527-8029 www.brokenspokesaloon.c om/laconia.php |
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Twisted Iron Riding Club
Rochester, NH
603-923-4407
www.twistedironmrc.org
Rochester, NH
603-923-4407
www.twistedironmrc.org
| Iron Tails Saloon "Where the Soft tails Roam" Phone: 207-850-1142 559 Rte. 109 - Acton, Maine www.irontailssaloon.com or visit them on FaceBook |
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| 2012 Sponsor! |
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RPM Motorcycle Service
421 Amherst St. - Nashua, NH - 10% off to any NHMRO member!
603-595-8534
421 Amherst St. - Nashua, NH - 10% off to any NHMRO member!
603-595-8534