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Myrtle Beach New Motorcycle ordinances; ''rallies a public nuisance'' ..etc....
Topic Started: Thursday Sep 25 2008, 11:27 AM (255 Views)
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Myrtle Beach New Motorcycle ordinances
September 24, 2008


Wednesday was the first full day for a series of new ordinances in Myrtle Beach.

City council passed the ordinances at Tuesday afternoon’s council meeting, primarily to try to stop the May bike rallies.

Myrtle Beach passed 15 ordinances Tuesday to crack down on a 70-year tradition of motorcycle rallies in the city, but some attorneys warned the new laws might not survive legal challenges.

City Council unanimously passed nearly all the ordinances, which include rules requiring motorcycle riders to wear helmets, restricting where bikers can park and strengthening loitering rules, The (Myrtle Beach) Sun News reports.

Lawyers representing Harley-Davidson of Myrtle Beach and other businesses that cater to bikers suggested some of the laws are illegal, but city attorney Tom Ellenburg told them to “save those arguments for the judge.”

Many others, in favor of and against the rallies, spoke in front of a packed house in the council’s chambers, including former Mayor Mark McBride, who quietly urged the council to rescind the ordinances and simply enforce the laws the city already has.

“You’re making a mistake,” McBride said.

But Councilman Wayne Gray said the city is ready to face any legal challenge.

The only vote that was 5 to 1 is a new law requiring helmets and protective eyewear if you’re riding a motorcycle or a moped. The helmet ordinance appears to be the least popular among rally supporters and might face the toughest challenge. State law doesn’t require helmets for riders 21 and older.

However that law does not go into effect for about 90 days—Dec. 21.





Three of the ordinances took effect immediately.
:SOAPBOX:


  • The first changed the city’s nuisance code which, now declares the rallies a public nuisance.

  • The second changed the special event law, which now declares that special events requiring any excessive use of public resources, like police, is against the law.

    Under that law, anybody who promotes special events and causes the use of extra resources will be fined.

  • And the third law that is in effect right now is one about noise.

    There is already a noise law on the books, but the change is very specific.

    It now states that it is against the law to operate a motorcycle that has a measured noise level of more than 87 decibels.



One promoter of the fall Harley-Davidson rally, which is next week, tells News13 he’s moving forward with everything, the rally will go on as scheduled and just rolling the dice.

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Rally heat still alive
Some say the new ordinances infringe on their civil rights
By Lorena Anderson - landerson@thesunnews.com



Myrtle Beach's new motorcycle rally ordinances might be in place, but that doesn't mean the heat has died down.

A forum Thursday night sponsored by the local branch of the National Association for the Advancement of Colored People was meant to be a neutral discussion with a panel of city and county officials, but devolved into name-calling and accusations against city leaders.

The majority of the questions and comments from the 65-member audience at the Canal Street Recreation Center were directed at Myrtle Beach leaders.

Mayor John Rhodes, city Councilman Mike Chestnut, City Manager Tom Leath and Police Chief Warren Gall sat on the panel along with a lending officer from Conway National Bank, the Rev. Mickey James, president of the local NAACP chapter, Violet Lucas from the Horry-Georgetown Bikers Association, county Councilman Marion Foxworth and North Myrtle Beach Public Safety Director William Bailey.

Several people said they felt their civil rights are being infringed by the 15 ordinances the City Council gave final approval this week.

The discussion started out civilly with questions about enforcement at the May motorcycle rallies and a statement from Lucas indicating her group still wants to work with the city to make the May rallies better events for all concerned.

The city passed the new ordinances and amendments to existing ones after years of hearing from residents every May about the traffic, noise, garbage, reckless driving and lewd acts they say typify the two weeks of bike rallies.

The NAACP got involved several years ago after people complained about mistreatment during the predominately black Atlantic Beach Bikefest. The NAACP filed several suits against the city and some local restaurants for discrimination and monitors both May rallies to watch for equal treatment.

James said the association is neutral on the city's ordinances so far, though he is concerned about what he perceives as "civil rights encroachments." He did not specify his concerns, though.

Some are angry about the city's new ordinance making it an infraction not to wear a helmet while riding a motorcycle or mo-ped.

Tony Spinatto, a biker from the Georgetown area, wanted to know whether the city was going to make people in golf carts or in motorized wheelchairs wear helmets.

Others accused the police department of profiling bikers, racial profiling and the city of discrimination against bikers.

Bikers expressed concerns about whether the city is really trying to promote safety with the helmet ordinance or trying to punish them.

"Helmets will help eliminate deaths," Rhodes said, as well as permanent, serious injuries. "We feel we are doing the right thing for people's safety."

Leath said the city is sending a letter to area municipalities asking them to consider passing some or all the same ordinances to stand with Myrtle Beach.

Foxworth told the audience that the county will consider some measures, but likely would not pass all 15 ordinances because it cannot afford to enforce them.

"We're going to back the city where we can," he said.

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Two motorcycle owners are challenging Myrtle Beach's new laws meant to curtail motorcycle rallies.

Their lawsuit filed in Horry County Court alleges city officials violated state law when they required motorcyclists to wear helmets and lessen the noise from their mufflers. They want the court to declare the city laws invalid and unenforceable.

The suit was filed Monday by William and Carol O'Day of Myrtle Beach. Their attorney is self-proclaimed motorcycle lawyer Tom McGrath of Virginia.

According to his firm's Web site, McGrath founded the Virginia Coalition of Motorcyclists. Neither McGrath, the O'Days, nor city officials immediately returned messages Tuesday seeking comment.

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Sounds like a low db level

Even here in NZ it is:
(a) in the case of a moped, 91 dBA; or
(b) in the case of a motorcycle with an engine capacity of 125 cc or less, 96 dBA; or
(c) in the case of a motorcycle with an engine capacity of more than 125 cc, 100 dBA; or

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