Arvada, Colorado, Passes Questionable & Targeted Noise Ordinance

By Tim Anderson

The City of Arvada has very quietly passed a motorcycle exhaust noise ordinance that rivals the one Denver passed in terms of nastiness.

Made official on April 20, 2009, very few people outside the city government knew anything of the ordinance until the city reportedly sent out a letter to residents announcing the new law, and how it would make Arvada a better place.

At its core, the new law, CB09-013, is not too dissimilar from the Denver law. Arvada, though, added a couple questionable twists to their ordinance.

The proposal for the ordinance calls motorcycle “noise” among the most vexing noise issues communities face. The introduction, or proposal, for the ordinance also puts the burden of proof in noise cases squarely on the shoulders of the motorcyclist.
The burden of proof: an EPA stamp, which Arvada refers to as a “label.”

Nowhere in the ordinance is there mention of any decibel reading as a requirement to stop, investigate, ticket or prove a motorcycle is excessively loud.

The ordinance makes it illegal to ride a motorcycle in Arvada with an exhaust system that does not bear the EPA stamp. Additionally, the ordinance states, “Said label shall be affixed to the exhaust muffler in such a manner as to be readily visible.”

In most cases, exhaust pipes carry the embossed EPA stamp on the frame-facing side of the pipes and is difficult to see. The law makes no mention of how this fact is to be dealt with.

CB09-013 also gives wide latitude to police to stop motorcyclists. All an Arvada officer need do is “establish or determine reasonable suspicion to stop a motorcycle based on any relevant facts and circumstances concerning the unusually loud or excessive nature of the noise created or emitted by the motorcycle.” There are no decibel measurement requirements, nor any other auditory guidelines mentioned.

The law allows police to make a stop based on the time of day, the proximity of the allegedly offending motorcycle to any residential area, assisted living facility, nursing or care home, hospital, and public or private school. Any noise may also be used to determine a violation. The ordinance says “Any unusual quality associated with the noise such as, but not limited to, a loud grating, grinding, rattling or whining…” may also be used as cause to make a noise stop. The ordinance then covers all other areas by allowing “Any other factors tending to show the magnitude or disruptive effect of the noise,” to be used as a determination to write a ticket.

As if all this were not enough, the law provides for noise tickets to be written when an accident involving a motorcycle takes place, after any lawful traffic stop, or during any traffic investigation.
Finally, the ordinance states that the failure any motorcycle owner or operator to immediately demonstrate the presence of “an EPA noise label” when requested to do so by police will be taken as prima facia evidence at any trial for such a violation.

At trial, prima facia evidence alleges facts adequate to prove the underlying conduct (violation) supporting the cause of action (ticket) and the allegations thereby prevail. Typically, it is then up to the defense to prove otherwise.

In other words, by being a smart biker and not talking to police or doing their job for them by showing them an EPA stamp, the City of Arvada says a ticketed motorcyclist is guilty of the charge.

There is no mention of fines, suspensions, incarceration or any other penalty associated with the revised ordinance.

Finally, the city of Arvada seems to be prepared for legal challenges, even losses, in court in relation to the ordinance.

Section 2 of the ordinance addresses severability, stating that if any part of the ordinance is found to be unconstitutional or invalid for any reason, that ruling will not affect any other part of the ordinance. This means there may be need for multiple challenges by any single alleged violator to win a case stemming from a ticket written under this ordinance.

The ordinance provides a list of EPA approved motorcycles for reference. Most major brands are included, but stock Harley-Davidson is the only American-made bike on the “approved” list. Naturally, any alteration or replacement of the exhaust system is not included on the “approved” list.