"Delray Beach backs off motorcycle restrictions -lawyer
Posted: Tue Nov 06, 2007 7:35 pm
"Delray Beach backs off motorcycle restrictions -- Bikers' lawyers
successfully argue legality"
By Angel Streeter, South Florida Sun-Sentinel
November 7, 2007
Delray Beach, Florida.
Bikers rolled into town, threw around their collective weight and
forced city leaders to back down from imposing restrictions on
motorcycles on Atlantic Avenue.
They did it with brains rather than brawn. Lawyers representing several
motorcycle clubs from Palm Beach and Broward counties successfully
argued before city commissioners Tuesday that the city would be
violating state laws if it stiffened fines and placed additional
restrictions on noisy motorcycles.
Facing a roomful of angry motorcycle enthusiasts, the commission agreed
to hold off on passing an amendment to the city's noise abatement law
to see whether it jibes with state law. It also gave the Delray Beach
Police Department 90 days to see whether officers could curtail noise
complaints along the strip of retail shops and outdoor cafes by
enforcing the current noise ordinance and educating bikers about the
law.
"This is a significant victory," said Demetrios C. Kirkiles, attorney
for the motorcycle group ABATE. "We made the city pause."
Bikers rallied last month in a collective outcry over the city's
original proposal to ban motorcycles altogether on the five-block
stretch of Atlantic Avenue from Swinton Avenue to U.S. 1 from 7 a.m. to
11 p.m. But city commissioners shifted gears after hundreds of bikers
rode to City Hall two weeks ago to protest the ban.
Instead, they proposed a harsher noise abatement law that would have
required motorcycles manufactured after Dec. 31, 1982, riding on
downtown Atlantic Avenue to include labeled exhaust systems that meet
federal noise emission standards.
The revised law also would have required motorcycles manufactured
between 1982 and 1985 to emit 83 or fewer decibels; and for those built
after 1985, 80 or fewer decibels.
The ordinance also included clauses against throttle advances and
"raucous" noises.
But that wouldn't fly with motorcyclists either.
They argued that the city had no authority to single out motorcycle
riders and prevent them from driving on public roads.
They also claimed the city could not impose specific equipment
requirements on licensed vehicles. That's the domain of the state.
"We want to resolve this issue the city's having a problem with," said
Steven Sessa, a lawyer representing motorcycle clubs. "But this is not
a problem that needs legislation. This is not a motorcycle problem.
This is a noise problem."
Even though city leaders backed down, they pledged not to let the issue
die.
"I do think we need to pass this ordinance," said Mayor Rita Ellis, who
first proposed the ban, citing numerous complaints from diners and
downtown business owners. "Those of us who do dine downtown see
violations of the noise ordinance take place on a regular basis. . . .
Officers have told me the top two complaints they get is motorcycle
[noise] and parking."
Motorcycle groups also pledged to rein in unruly riders who are
creating problems.
"You have to be polite in public," Kirkiles said. "You need to curb
your pipes."
Angel Streeter can be reached at astreeter@sun-sentinel.com or
561-243-6537.
Copyright © 2007,
Garry Van Kirk
Bikers Accident Survivor Forum
www.bacsuv.com
bikeraccsurvivor@bacsuv.com
Supporting Our Right to Ride, Supporting Bikers In their Time Of Need.
" You can only protect your liberties in this world by protecting the other man's freedom."
~Clarence Darrow~
successfully argue legality"
By Angel Streeter, South Florida Sun-Sentinel
November 7, 2007
Delray Beach, Florida.
Bikers rolled into town, threw around their collective weight and
forced city leaders to back down from imposing restrictions on
motorcycles on Atlantic Avenue.
They did it with brains rather than brawn. Lawyers representing several
motorcycle clubs from Palm Beach and Broward counties successfully
argued before city commissioners Tuesday that the city would be
violating state laws if it stiffened fines and placed additional
restrictions on noisy motorcycles.
Facing a roomful of angry motorcycle enthusiasts, the commission agreed
to hold off on passing an amendment to the city's noise abatement law
to see whether it jibes with state law. It also gave the Delray Beach
Police Department 90 days to see whether officers could curtail noise
complaints along the strip of retail shops and outdoor cafes by
enforcing the current noise ordinance and educating bikers about the
law.
"This is a significant victory," said Demetrios C. Kirkiles, attorney
for the motorcycle group ABATE. "We made the city pause."
Bikers rallied last month in a collective outcry over the city's
original proposal to ban motorcycles altogether on the five-block
stretch of Atlantic Avenue from Swinton Avenue to U.S. 1 from 7 a.m. to
11 p.m. But city commissioners shifted gears after hundreds of bikers
rode to City Hall two weeks ago to protest the ban.
Instead, they proposed a harsher noise abatement law that would have
required motorcycles manufactured after Dec. 31, 1982, riding on
downtown Atlantic Avenue to include labeled exhaust systems that meet
federal noise emission standards.
The revised law also would have required motorcycles manufactured
between 1982 and 1985 to emit 83 or fewer decibels; and for those built
after 1985, 80 or fewer decibels.
The ordinance also included clauses against throttle advances and
"raucous" noises.
But that wouldn't fly with motorcyclists either.
They argued that the city had no authority to single out motorcycle
riders and prevent them from driving on public roads.
They also claimed the city could not impose specific equipment
requirements on licensed vehicles. That's the domain of the state.
"We want to resolve this issue the city's having a problem with," said
Steven Sessa, a lawyer representing motorcycle clubs. "But this is not
a problem that needs legislation. This is not a motorcycle problem.
This is a noise problem."
Even though city leaders backed down, they pledged not to let the issue
die.
"I do think we need to pass this ordinance," said Mayor Rita Ellis, who
first proposed the ban, citing numerous complaints from diners and
downtown business owners. "Those of us who do dine downtown see
violations of the noise ordinance take place on a regular basis. . . .
Officers have told me the top two complaints they get is motorcycle
[noise] and parking."
Motorcycle groups also pledged to rein in unruly riders who are
creating problems.
"You have to be polite in public," Kirkiles said. "You need to curb
your pipes."
Angel Streeter can be reached at astreeter@sun-sentinel.com or
561-243-6537.
Copyright © 2007,
Garry Van Kirk
Bikers Accident Survivor Forum
www.bacsuv.com
bikeraccsurvivor@bacsuv.com
Supporting Our Right to Ride, Supporting Bikers In their Time Of Need.
" You can only protect your liberties in this world by protecting the other man's freedom."
~Clarence Darrow~