Aug 8, 2007
COLORADO:

http://www.rockymountainnews.com/drmn/local/article/0,1299,DRMN_15_5665356,00.html

Ticket for Loud Bike DISMISSED!

The city's decision to drop the case highlights a fundamental flaw - Denver police aren't equipped with the $1,000 noise monitors needed to make the charge stick, said Wade Eldridge, lawyer for the ticketed biker.

"In any case in which it's properly challenged, the city has an impossible burden," said Eldridge.

The reason Assistant City Attorney April Snook cited in her motion to dismiss the case was the city was "unable to prove charge beyond a reasonable doubt."

The ordinance, which took effect July 1, was in response to rising complaints about ear-splitting motorcycle noise in areas such as downtown, where more people are living in lofts and high-rise condos.

It limits noise levels to 82 decibels from a distance of 25 feet and requires motorcyclists with bikes made after 1982 to have a muffler with an EPA noise-certification stamp.

Ellen Dumm, spokeswoman for the city's Environmental Health Department, said an "oversight" caused the case to be dismissed.

"The police officer did not inspect the pipes for the required (Environmental Protection Agency) sticker," she said.

Dumm also said she thinks the dismissal was a "one-time" thing and that the ordinance's enforcement will result in quieter streets.

Eldridge's client, Stuart Sacks, was stopped in LoDo near Little Raven and 20th streets at 5:25 p.m. July 2. He was ticketed for having an "unlawful modified muffler," records show.

Eldridge said he believes Sacks was initially pulled over for making an illegal lane change.

"Basically, they had no noise meter and no visual inspection in this case," Eldridge said.

"So the most they would have had was the officer's gut feeling that it was too loud, which is not enough."

Eldridge said he wasn't "at liberty to comment" about whether his client's motorcycle had an EPA noise-certification stamp.

"But," Eldridge said, "I'd be surprised if he did."

June 16 2007
Denver City Council Bill 242

I have had several calls regarding Denver City Council Bill 242. A bill for amending section 36-8 of the Revised Municipal Code pertaining to Motor Vehicle Noise.
Amends Chapter 36, Section 36-8 of the Revised Municipal Code regarding motor vehicle noise levels. The amendments will bring the City into compliance with federal standards and will do the following: 1) increase noise level for vehicles weighing less than 10,000 lbs from 80 to 82 decibels, 2) establish for vehicles weighing more than 10,000 lbs. a decibel of 90, and 3) require that any person operating a motorcycle manufactured after December 1982 to have a mandatory EPA certification stamp on its muffler or muffler system.
Folks, where have you been for the past 5 years? These are nothing more than the new EPA guidelines that took effect 2006. ABATE of Colorado lobbied against these new guidelines 5 years ago. No one was worried about the guidelines. Well, now they have taken effect, more to follow in 2010. Please visit mrf.org and check out the position papers for EPA http://mrf.org/epa.php. ABATE of Colorado also has a position paper regarding noise Excessive Motorcycle Sound Management.
Please visit these pages to familiarize yourself with the new guidelines. It is too late to change these guidelines. ABATE and MRF asked for input years ago regarding these issues and fought hard against the provisions, however, it wasn’t enough. We will see more cities and counties complying with these Federal standards. All of you that are concerned are a day late and a dollar short. There is no changing the current guidelines.
Terry Howard