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MMA Legislative Alert-Falmouth Noise Bylaw

Published on 4/21/2010

MMA Legislative Alert-Falmouth Noise Bylaw

Tuesday evening, April 20, approximately 85 motorcyclists packed the room at the Falmouth Recreation Center to discuss the recently passed Falmouth “Vehicle Noise” Bylaw.

MMA Member Chuck Gonsalves spoke to the crowd first, explaining the circumstances leading up to the existence of the bylaw on the Warrant for the Town Meeting.   Spirited discussions followed that included the testimony presented at the Town Meeting and the need for local Falmouth Riders to be present at these meetings.

Chuck then introduced and turned the meeting over to Rick Gleason, MMA Legislative Director.   Rick explained that, “...even though the Town Meeting has approved the bylaw, it still needs approval from the Attorney General’s Office.”   The MMA has already entered into discussions with the Municipality Law Specialist at the Attorney Generals’ Office and will provide this office with information from the motorcyclists’ point-of-view.

As previously reported by the MMA, the new Falmouth bylaw draws heavily from existing M.G.L. Chapter 90, Section 16 (90-16) and the MMA questions the legality of a practice where a Town bylaw overrides existing State Law, with harsher penalties.

Explaining how 90-16 is “subjective”, leaving too much open to interpretation, Gleason noted the recent dismissal of 25+ 90-16 citations in March 2010 for riders cited in Sterling & Princeton last July, 2009.   “When citations are dismissed and the riders are found “Not Responsible”, the town is left responsible for all court costs incurred.”

Joining the riders last evening to show support were members of the Falmouth Classic Car Club (FCCC).   Citing “common concerns”, these members spoke of the revenue generated by all of the Car Shows planned in the Town of Falmouth and noted that it would be a shame and a loss to Falmouth, if they were forced to go else with their car shows due to this new, ambiguous, “Loud Vehicles Bylaw”.

An important outcome from last evening’s meeting will be the immediate creation of a Falmouth Rider Committee made up of local Falmouth MMA Members, reporting directly to the MMA’s Legislative Director.   Lead by Mr. Gonsalves, this committee vows to vigilantly monitor this bylaw, note any and all developments, and sound the alert if any other initiatives affecting motorcyclists are noted.

All riders are encouraged to remain vigilant and check their local Town Meeting Warrants and notify the MMA of any issues relating to your right to ride.

For more information, please visit www.MassMotorcycle.org or LegislativeDirector@MassMotorcycle.org

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