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slimcolo
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#1 Unread post by slimcolo »

NEWS FLASH: The City of Denver, Colorado, becomes the first Major U.S. City to basically Outlaw After Market Pipes on Motorcycles!
06/09/07
NEWS FLASH: The City of Denver, Colorado, becomes the first Major U.S. City to basically Outlaw After Market Pipes on Motorcycles!
Permalink 07:12:46 am, by Norman Gregory Fernandez, Esq. Email , 1015 words, 220 views English (US)
Categories: News, Articles, Biker Rights, Noise Laws, General Legal, Editorial, Regulations, EPA

Biker Motorycycle Lawyer Attorney Norman Gregory Fernandez discusses new noise ordinance in Denver, Colorado. **** 6/10/07 Update: SEE BELOW

*** 6/11/06 Update: SEE BELOW

The City of Denver, Colorado has enacted a municipal ordinance that will require all motorcycles in the city to have a Federal Environmental Protection Agency (EPA) sound-certification label on the exhaust systems of all motorcycles.

This modification of Denver’s existing sound law will “retro-actively” apply to all motorcycles manufactured since 1982, which was the first year EPA required all motorcycles sold in the United States to comply with EPA sound regulations.

This new ordinance is scheduled to take effect on July 1, 2007. Any violators of the new ordinance would have two weeks to prove to a Judge that they have fixed the problem or they will be forced to pay a fine of $500.00.

Previously Denver had a noise ordinance based upon maximum decibels or sound levels, which set a limit of 80 decibels at 25 feet.

For all intents and purposes, this new ordinance will force all motorcyclists to use only stock pipes on their motorcycles, because most of the after market pipes made for motorcycles do not have the EPA sound certification label on the pipes.

The marks the first time that I know of where a major United States City has adopted, and will be enforcing “Federal Laws” which are discriminatory against bikers and motorcyclist.

What is disturbing is that this new ordinance is only geared towards motorcycles and not other vehicles such as big rig trucks and cars, which are not required to have strictly stock exhaust systems on them. It does appear that Denver, Colorado is exclusively discriminating against bikers and motorcyclist.

*** 6/11/06 Update: A closer look at this ordinance has brought to light another sinister issue. Now law enforcement in Denver, Colorado will be able to willy nilly pull over any biker or motorcycle on a whim just to check their exhaust pipes. Basically riding a motorcycle in Denver, Colorado will make all bikers and motorcyclist subject to arbitrary stops and harassment by law enforcement. Our freedoms are slipping away from us people.

[More:]

This new ordinance is a very disturbing precedent that if allowed to stand, could result in similar laws being adopted in other major cities and towns in the United States. Furthermore, the new Denver ordinance creates an exclusive class of enforcement against motorcycles, and no other vehicles. Big Rig trucks for the most part are much louder than motorcycles.

I am not a Colorado lawyer, I am a California lawyer. Notwithstanding this fact, I am a biker who rides motorcycles. I for one will never go to, or ride through Denver, Colorado again on my motorcycle, car, or any other vehicle; unless this ordinance is changed or modified back to the way it used to be. I will not give Denver, Colorado one dime of my tax dollars. Denver, Colorado has become a city that specifically discriminates against bikers and motorcyclist.

This ordinance does not prohibit riding motorcycles; it just forces the motorcycles to have for all intents and purposes, stock pipes. The ordinance as written, means that Denver, Colorado does not respect me, or other bikers and motorcyclist.

I am calling on all Bikers and Motorcyclist from around the nation to pepper the idiotic Denver City Council with letters, phone calls, and emails, voicing your opposition to this new ordinance. These brain dead morons need to be voted out of office as soon as possible.

I am also calling on all bikers and motorcyclist to refrain from doing any commerce, or spending any money in Denver, Colorado. I am also calling on all bikers and motorcyclist to not have any motorcycle events in Denver, Colorado. If Denver, Colorado does not like us, than they do not need our money!

A Picture of the idiots in the Denver City Council who enacted discriminatory law against bikers and motorcyclist.Here is a picture of the idiots who have crafted this discriminatory ordinance.

Click Here for the official City of Denver Website.

Click Here for the Elected Official Portion of the City of Denver’s Website.

Click Here for the Denver City Council Website.

The address, phone number, and email address for the Denver City Council is:

Denver City Council
City & County Bldg.
1437 Bannock St., Rm. 451
Denver, CO 80202
Phone: 720.865.9534
Fax: 720.865.9540
Email: dencc@ci.denver.co.us

Send them an email now if you can, about your opposition to their discriminatory law, and how you will not spend any money in Denver, and the fact that you will let all other bikers and motorcyclist know about their discriminatory law.

I am calling on all Bikers and Motorcyclist from around the nation to pepper the Mayor John Hickenlooper with letters, phone calls, and emails, voicing your opposition to this new ordinance. He needs to know his city will be hurt in the pocket book by enacting such a moronic discriminatory ordinance.

Click Here for the official website for Mayor John Hickenlooper.

Here is the contact information for Mayor John Hickenlooper

Mayor John W. Hickenlooper
City and County Building
1437 Bannock Street, Suite 350
Denver, CO 80202
Phone: 720.865.9000
Fax: 720.865.8787
E-mail: MileHighMayor@ci.denver.co.us

We live in a Democracy with a supposedly representative government. I am making a call to all bikers and motorcyclist to legally voice your opposition to the new Denver, Colorado ordinance, and make these idiots understand that they will be voted out, and their city will be hurt in the pocket book, unless they "poo poo" can the discriminatory ordinance aimed at bikers and motorcyclist, and that no biker or motorcyclist from anywhere in the nation will spend one dollar in Denver, Colorado unless they do.

I am calling for an all out boycott of Denver, Colorado, until this new ordinance is reversed or repealed.

I am asking the 1000’s of bikers and motorcyclist who visit my Biker Law Blog each day to take action on this issue, because the same BS discriminatory ordinance could be coming to a City or State near you, if we let this stand.

I invite all public comments about this new Denver Colorado City ordinance, by clicking the comments button below.

**** 6/10/07 UPDATE: The Los Angeles Times has written an article about this new Denver, Colorado ordinance; click here to read the Los Angeles Times story.

By Norman Gregory Fernandez, Esq., © 2007
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SEE NO EVO
HEAR NO EVO
SPEAK NO EVO

and above all

RIDE NO EVO

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paul246
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#2 Unread post by paul246 »

Great, finally someone has done something about the idiots with their pipes. Kudos to Denver!

I for one am sick of listening to the pathetic morons and their craving for attention .... thats all it is, too. Nothing about "safety" either, thats the biggest BS claim on the books.

Now I wish they would do the same here!!

BTW, H-D has been quietly hinting and warning for several years now that this was bound to happen, because of the actions of some idiots. And of course its not just Harley riders or even cruiser riders either, there are idiots annoying people with all types and brands of bikes.
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ANDS!
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#3 Unread post by ANDS! »

I can see both sides. It WOULD get annoying to me if someone is rolling down suburban areas, and gunning their pipes for no other reason than they can.

On the other side, do they have sound legislation for OTHER vehicles and other items (sound systems for isntance)?

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#4 Unread post by slimcolo »

What this means is a BMW with a Super trapp exhaust will get a $500 fine but a LOUDER Harley or dirt bike with stock exhaust is ok.

READ the fine print this ord. is about any (non stock motorcycle, aftermarket) exhaust.

IT IS NOT ABOUT NOISE EMITTED Otherwise it would have an exception for non EPA exhaust that comply with federal and state standards. (Hardly any aftermarket exhaust are EPA certified, This includes OEM style replacement as well custom exhaust)
Denver already has an Noise Ord. that is much stricter than state standards (80 dec @ 25 foot state is as high as 86 dec @ 50 foot depending on year)

WHY DO THESE IDIOTS NEED A NEW LAW IF THEY CAN"T ENFORCE THE ONE THEY HAVE ON THE BOOKS NOW??
SEE NO EVO
HEAR NO EVO
SPEAK NO EVO

and above all

RIDE NO EVO

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#5 Unread post by mydlyfkryzis »

So if I modify my Stock Exhaust by altering the baffles, and it is LOAD, that's o.k. because the EPA label is still on the muffler.


I bet this law doesn't hold up long.
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matthew5656
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#6 Unread post by matthew5656 »

mydlyfkryzis wrote:So if I modify my Stock Exhaust by altering the baffles, and it is LOAD, that's o.k. because the EPA label is still on the muffler.


I bet this law doesn't hold up long.
I sure hope it doesn't! The fact that stock pipes on a harley would be overlooked but any aftermarket pipes on an inline four sport bike or any other bike would be considered illegal? How ridiculous!

I hope the Police Department will turn their heads to most of Denver's modded sport bikes because they're not nearly as loud as most of the harleys and cruisers who ride with a stock exhaust!!

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#7 Unread post by Jadien »

I would imagine, out of my complete faith in the integrity of the Denver PD, that officers would only pull over bikes because they are breaking the already established noise-law. They would use this law for the "violation" and the noise-law for justification of pulling the bike over.

Does what I said make sense?
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#8 Unread post by Flak Monkey »

I know this is kinda off topic, but I gotta metion that this thread is really helping prove Godwin's Law
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matthew5656
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#9 Unread post by matthew5656 »

Yah that would make sense! The noise violation of 80 dec @ 25ft should cause more reason and validity for a traffic stop, unlike stopping someone for having installed an aftermarket slipon/exhaust. If they do break that noise barrier however, then I assume the rider would be charged with the new legislation.

One positive about this unfair law pertains to the 2 week time period allowed to prove to a judge that the stock pipes were reinstalled. That is much nicer than a $500 fine, no questions asked.

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#10 Unread post by matthew5656 »

Damn Nazis!!.... :laughing:

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