Although North Hampton, New Hampshire voters approved a noise ordinance in May that prohibits motorcycles without an EPA sticker from being operated or even parked in town, a lawyer for the federal agency has expressed that just because the U.S. Environmental Protection Agency requires a label on all motorcycle mufflers indicating the noise the vehicle produces does not exceed 80 decibels doesn't mean a municipality has the authority to enforce that noise level.
"The Noise Control Act (NCA), which authorizes EPA to enact noise control regulations, states that 'nothing in this section precludes or denies the right of any state or political subdivision thereof to establish and enforce controls on environmental noise,” wrote EPA Senior Assistant Regional Counsel Timothy Williamson in an Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However, neither does it grant localities any additional authority to control environmental noise beyond that available to them under state and local law."
"The Noise Control Act (NCA), which authorizes EPA to enact noise control regulations, states that 'nothing in this section precludes or denies the right of any state or political subdivision thereof to establish and enforce controls on environmental noise,” wrote EPA Senior Assistant Regional Counsel Timothy Williamson in an Aug. 31 letter to North Hampton Town Administrator Steve Fournier. "However, neither does it grant localities any additional authority to control environmental noise beyond that available to them under state and local law."
"The ordinance basically bans motorcycles from the town if they do not have an EPA label on their exhaust system even though the motorcycles comply with the state's noise level limit of 106 decibels," said Seacoast Harley-Davidson in court papers challenging the new law.
Even the town’s own legal counsel has indicated the ordinance is unenforceable, saying that the state has already determined the appropriate noise levels for motorcycles and that the town, therefore, does not have the option of creating its own more restrictive noise ordinance.
That opinion was clearly reiterated in Williamson's letter on behalf of the EPA. "Thus, neither the NCA nor the regulations in Part 205 (of the EPA code) grant municipalities the authority to enact or enforce ordinances that supersede any limitations on their authority under state law," he wrote.
That opinion was clearly reiterated in Williamson's letter on behalf of the EPA. "Thus, neither the NCA nor the regulations in Part 205 (of the EPA code) grant municipalities the authority to enact or enforce ordinances that supersede any limitations on their authority under state law," he wrote.
Town officials decided not to fight the Harley dealer’s request for a preliminary injunction against the enforcement of the noise ordinance. "The ordinance will remain unenforced until we have a hearing," Fournier said, indicating that the town’s new noise ordinance will not be enforced until after the judge issues a ruling on the matter.
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