Rhode Island- pipes

[karen]

E. Greenwich using labels to curb motorcycle noise - Projo 7 to 7 News Blog | Rhode Island news | The Providence Journal
E. Greenwich using labels to curb motorcycle noise

4:28 PM Wed, Jul 29, 2009
C. Eugene Emery Jr
EAST GREENWICH, R.I. - Bikers planning to blast through East Greenwich may want to steer clear of the town instead, especially if their exhaust systems aren't the proper match for their choppers.
The Town Council unanimously passed an emergency ordinance Monday night allowing police to pull over and levy fines against bikers if the noise rating data stamped into the chrome of the exhaust doesn't match the label on the bike.
The "label matching" program is an indirect attempt to eliminate a noise problem that has been drawing complaints, particularly in the waterfront area of town.
The first offense is $500. It jumps to $700 the second time $1,000 for each third and subsequent violation.
"I hope we don't have to pull over one single motorcycle," said Police Chief David Desjarlais. "But if they're loud and they draw our attention because of the volume of the exhaust, and we find they're not in compliance, we're more than willing to write the ticket."
The ordinance, now in effect, sparked questions Wednesday from Buddy Cardoso, president of the Rhode Island Motorcycle Association.
"What do you do, throw away the motorcycle if the exhaust wears out?" he said. He said the owners of other vehicles are allowed to use after-market exhaust systems, and it would be unfair to single out bikers.
"If you're not making too much noise, we're not going to pull you over in the first place," said Desjarlais.
Cardoso's fears are also unfounded, the chief said Wednesday, because after-market exhausts say which motorcycles they were designed for to conform to federal noise-pollution standards.
Under the ordinance, a system would be set up to allow a biker to avoid the fine by bringing in the bikes and having it tested with a noise meter.
But the chief said he doubts that will happen because noisy riders know that the exhaust system they purchased is over the limit.
He said officials in Woonsocket, Cumberland, South Kingstown and Smithfield have already contacted the town, wanting to know how well the ordinance works out for East Greenwich.

K

[karen]

Update:

East Greenwich may consider modifying stance on loud cycle ordinance | Rhode Island news | projo.com | The Providence Journal

East Greenwich may consider modifying stance on loud cycle ordinance

07:52 AM EDT on Monday, August 24, 2009
By C. Eugene Emery Jr.

Journal Staff Writer

EAST GREENWICH — Will they be Mad to the Bone, or will the bikers who show up Monday night when the Town Council has a public hearing on its proposed motorcycle noise ordinance take more of a Born-to-be-Mild approach?

At issue is whether the police should be ticketing drivers of motorcycles with exhaust pipes that don’t match the specifications for their choppers.

The label-matching program is a way to discourage motorcycle enthusiasts who want to swap out the manufacturer’s exhaust system to one that’s hard to ignore.

An emergency ordinance giving officers that right has been in effect since July 27. The first offense produces a $500 fine. The penalty jumps to $700 the second time and to $1,000 for each subsequent violation.

Five bikers showed up — but didn’t speak — at the council meeting Aug. 11, when the ordinance got its first reading.

Since then, Police Chief David Desjarlais has met with the Rhode Island Motorcycle Association about the proposal.

He said he may ask the council Monday night to reconsider the ordinance because the association seems to want to follow an even easier rule: if you can hear a bike 200 feet away, it’s automatically a nuisance.

“I’m not adverse to that and I’m surprised they would be favorable to that,” said the chief. That rule “targets the offending motorcyclist rather than the equipment used.”

“A label matchup program is, in their eyes, unfair,” said Desjarlais. “Many of the after-market exhaust pipes do not carry a label or a stamp. Their position is, it’s the rider and not the equipment.”

Or, as Buddy Cardoso, president of the motorcycle association, said after the emergency ordinance was passed, “What do you do, throw away the motorcycle if the exhaust wears out?”

The 200-foot test could also apply to cars with bad exhaust systems or drivers with blasting radios.

Many bikers claim they are being targeted by the emergency ordinance while some cars can be heard a half-mile away.

Cardoso said his group supports courteous riding, including keeping the noise down.

“A lot of younger guys buy a motorcycle and the first thing they want to do is throw on a set of pipes and get it as loud as they can. And you know what? They need to be ticketed. I have no problem with that whatsoever, especially if he’s going through a neighborhood and being rude,” he said.

For now, the emergency ordinance remains in effect until Oct. 25.

“That gives us a window of opportunity to present a potential compromise,” said the chief.

The temporary ordinance, he said, has already been a success. “I can tell you I have noted a favorable difference in how they ride. The loud exhaust sounds just aren’t there anymore.”

Other communities are considering a similar proposal.

The idea of stopping a noisy rider and using a mismatched exhaust system as evidence of an offense developed from state law, which prohibits the owner of any vehicle from making modifications “which would cause the exhaust system to generate a higher or louder sound level than would be generated by the exhaust system customarily installed by the manufacturer as original equipment.”

When the emergency ordinance was outlined on projo.com, several commenters raised the issue of loud exhaust systems alerting other drivers to their presence.

“If we didn’t have ‘so-called loud exhaust,’ how would we get the attention of all the people in cars who are on the cell phone talking, text messaging, fiddling with the radio or iPod, putting on makeup, eating or whatever other distraction they are involved with,” asked one. “If they don’t see us, a blip of the throttle might get their attention.”

gemery@projo.com

K

[karen]

UPDATE:
Sept. 2:

It’ been a busy couple of weeks and while we’ve had some success on the label noise ordinances, there are a number of other cities and towns that are thinking that this is an easy fix to loud motorcycles.
We need your help to check your own town9 9s website and check the town council agendas and keep any eye open for any noise issues coming up for consideration.

Yesterday we met with Colonel Desjardais of East Greenwich P.D. and continued our discussions about his noise law.
The chief has listened and has modified the ordinance some. The bike will have to be running and heard clearly from a distance of 200 or more feet.
That will eliminate the possibility of ticketing bikes that are parked and not running with a label violation.
The fines will be reduced and there will be a base fine and an enhanced penalty if the bike is found to not have the EPA labels. This can give a cop some discretion as to whether to hit light or heavy, probably depending on circumstances in a pull over.
1st offense will be $100.00 with additional $100.00 for no EPA label, 2nd offense is 200.00, with additional $150.00 and bike gets towed if no label, 3rd offense is $300.00 and additional $200.00 and bike gets towed. Still pretty steep but he originally went for $500.00 1st offense, up to $1000.00 and a tow for 3rd offense.
We are not agreeing or supporting this newly modified law based on the label requirement still being the sole determini ng factor for the higher penalty.
So while we were able to get some concessions from the Chief, the label aspect is still going to be there until we challenge in court. Also beware that the temporary original ordinance is still in force until the end of October. RIMA does appreciate the Town Council and the Chief for taking time to hear our concerns and work with us. My personal thanks to Paul L, Peter, and Geno for the help and support on this. The next town council meeting is Sept 14th @ 7pm.

Today, we met with the Lincoln Town Council as they held a committee hearing to introduce their noise law. The town Council president stated that he received his information from…..…… East Greenwich!!!! SURPRISE!!!
They had exactly the same ordinance ready to go. Thankfully we had a heads up and attended the committee hearing. Went very well. We offered our testimony and showed them the flaws and complexities with the label match law. The committee is going to recommend going with the same 2 step penalty set up as East Greenwich, but will use the state definition of an altered exhaust system in determining whether to assess the additional penalties.
As described below; Thanks to Ken (from VMC), Steve C, Nick N, and Lucille for their help and support with L incoln. And thank you to the Lincoln Town Council and Town Solicitor.

Enhanced Penalties for purposeful motor vehicle exhaust noise:

Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. No person shall use a muffler cutout, bypass, or similar device upon a motor vehicle on a highway. Any exhaust system shall be deemed defective if any changes, modifications, alterations, deletions, or adjustments have been made which would cause the exhaust system to generate a higher or louder sound level than would be generated by the exhaust system customarily installed by the
manufacturer as original equipment.

Any violation resulting from excessive vehicle exhaust sound, where it can be plainly determined through visible inspection that the exhaust system has been modified in such a way to generate a louder sound than the manufacturer intended shall be fined an additional $100.00 upon first offense.

Second Offense: an additional One hundred and fifty dollars ($150.00) and vehicle may be 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 will be impounded and released for tow only with all tow related expenses paid by the operator or person prior obtaining vehicle release.

Again not great, but much much better than E.G. Also more leeway for the cop to work with.

Now neither of these is a done deal, The EG is going to go before the council, and Lincoln still has to get by their Chief of Police.


Bud Cardoso
President
Rhode Island Motorcycle Association
PO Box 726
Pawtucket, RI 02862
401-454-9011

[jamman]

hell, everyone knows, it snows and rains too much in Rhode Island.. to get a decent ride in..

[karen]

R. I. Motorcycle Association
RI Motorcycle Association

Local News: CALL TO ARMS…..IT IS NOW TIME TO LET THEM HEAR YOU!!!!!
The next Town Council meeting in East Greenwich is scheduled for November 9th. Approximately 1 1/2 weeks from now. That’s when the council is set to vote on a final version of the noise ordinance.
It is now time for all members and your family and friends to start emailing and phoning the town council members and letting them know that you as a responsible motorcyclist want to be able to continue to enjoy dining and shopping in East Greenwich. Let them know that as a responsible biker and citizen you understand the need to operate your motorcycle in a reasonable manner and individuals that insist on operating loudly and irresponsibly should be fined for their behavior. Operating any motor vehicle in such a way as to be purposely loud is a behavior issue, not an equipment issue. If the town council approves of any type of enhanced penalties for aftermarket exhaust then let them know you will shop and dine elsewhere. If you happen to live in E.G., then it is most important that you contact your council and insist that they drop the enhanced penalty section of the noise law.
We need many, many contacts to get our message across, and now is the time.
The town website list e mail addresses only. Here are the individual addresses:
Michael B. IsaacsRepublican President
mbisaacs@cox.net
Henry V. BoeziRepublican Vice President
hboezi@aol.com
Richard P. BuonauitoRepublican
RPBU@aol.com

Michael S. KiernanRepublican
mkiernan@kprlaw.com
Mark Schwager
Democrat
mschwag@cox.net


Bud Cardoso
President
Rhode Island Motorcycle Association
PO
Box 726
Pawtucket, RI 02862
401-454-9011

K

[karen]

R. I. Motorcycle Association
RI Motorcycle Association

E. Greenwich final ordinance

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 attached as #1.
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)
Second Offense: Two Hundred Fifty Dollars ($250.00)TwoHundred Dollars ($200.00)
Third Offense: Five Hundred Dollars ($500.00)

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.
K

[karen]

EastBayRI.com

12/3/09 12:52PM
New group starts talking about noise
Police chief tells noise study group that noise convictions aren’t easy

By Michael Yoder

BRISTOL - Bristol’s newest effort to quiet things down took its first steps Tuesday night, as Noise Study Committee members elected officers and discussed what they hope to accomplish.

The 16 members of the committee elected Councilor David Barboza to serve as their chairman. Blithewold Executive Director Karen Binder was elected vice chairwoman, and Church Street resident Christy Nadalin was elected secretary.

Council President Kenneth Marshall, who is not on the committee, addressed members and gave his thoughts on what they should strive for.

“As population increases, residential zones encroach upon industrial zones, and industrial zones encroach upon residential zones,” Mr. Marshall said. “It’s only going to get worse unless we put something together that we can utilize as a baseline.”

The committee is made up of a diverse cross-section of the town, including councilors Mr. Barboza and Raymond Cordeiro, Bristol Police Chief Josue Canario and Lt. Steven Contente, zoning officer Ed Tanner, planning board member Nathan Calouro; Peter B. Wilbur, director of planning and project management for Roger Williams University; Joseph Antinucci, 90 Van Wickle Lane; Thomas Pasqual Jr., 37 Prospect St.; David Raposa, 6 Rego Ave.; Gillary’s owner Michael Ferreira, 47 Viking Drive; Stephen Barker, 68 Constitution St.; Anthony Buono, 52 Constitution St.; and former council member Richard Ruggiero, 21 Kingswood Road.

Chief Canario discussed some of the difficulties of enforcing noise complaints. He said since there is no state standard for noise violations, many of the complaints that make it to court are thrown out by judges because the regulations are too inconsistent between communities. The process wastes time and money for the department, which sends officers to court.

Instead of focusing on violations for noise, Chief Canario said, the department looks for other charges that will stick in court and not be thrown out.

Chief Canario said since September, 35 people have been charged for underage drinking and five people have been arrested for furnishing alcohol to minors stemming from complaints of loud house parties.

“We’re looking for the recipe to bake this cake very favorable for all of us,” Chief Canario said. “My philosophy is we pick and choose battles, but we win the war.”

Issues surrounding motorcycle noise were the primary focus during the first meeting.

In the last year, Chief Canario said, the department has cited 53 motorcyclists for driving with inappropriate equipment during random traffic stops in town. He said many motorcyclists who drive illegal vehicles got the word that the Bristol Police were on the lookout for violations and avoided town.

Mr. Baker said he has heard anecdotes that the priest at St. Michael’s Episcopal Church has to stop services at times during the summer when groups of motorcycles go by because he cannot hear.

Mr. Barboza said not all motorcyclists are driving loud bikes, but the “testosterone level” of some riders is the problem; they like to hear their bikes vibrate off buildings in town.

“It’s a small percentage, but it’s a small percentage that’s contributing to a large percentage of the noise problems,” Mr. Barboza said.

The next Noise Study Committee meeting will be held at 7 p.m. Tuesday, Jan. 5., at Town Hall.


K

[ironwood]

South park...