MYRTLE BEACH SUED AGAIN OVER NOISE LAW-- compiled and edited by Bill Bish - JULY 2010 National Coalition of Motorcyclists (NCOM)

As Myrtle Beach prepares to adjust some of the 14 ordinances passed in 2008 to quell the May motorcycle rallies, including their city-wide helmet law and four other ordinances being invalidated by the state’s high court, it faces yet another legal challenge that could require even more changes. Some residents and other motorcycle enthusiasts are suing the city again, this time hoping the Horry County Circuit Court will overturn the city's noise ordinance. Under the final version of the noise ordinance amendment, which gained final approval in March 2009, no vehicles except emergency vehicles can be louder than 89 decibels when measured from 20 inches away from the exhaust pipe, at a 45-degree angle, while the vehicle is idling. 

Bikers also must have an EPA issued sticker that state their bike meets federal noise reduction laws according to the municipal ordinance, but not South Carolina state law. On June 15th, Virginia-based Aid to Injured Motorcyclists (A.I.M.) attorney Tom McGrath filed suit in Horry County Circuit Court on behalf of local motel owner William O’Day, Horry County ABATE, and others who feel the city overstepped their authority in enacting muffler regulations that conflict with existing state law. McGrath's challenge to the city's helmet ordinance prevailed in the S.C. Supreme Court, with all five justices unanimously agreeing that the state has already covered the issue of who has to wear motorcycle helmets and that the city could not make its own rules because there must be a uniform traffic code. 

The noise ordinance wasn't included in the case the high court recently ruled on, he said, because the focus was on the helmet law. "They were issuing tickets left and right [under the helmet law]," he said. "No one we know had gotten a ticket under the noise ordinance. It's still sitting there, and the city has bought decibel meters, so we assume they are planning to use them. We felt we shouldn't let the ordinance stay on the books." McGrath said he felt it best to give the Circuit Court the first chance to make the decision in this case. "Let's see if the judge will follow the Supreme Court's opinion," he told the Sun News. Meanwhile, the city of Myrtle Beach has mailed out refunds to those who paid fines when they received tickets for not wearing motorcycle helmets. The city repaid nearly $14,000 in fines for 141 tickets it issued when the improper helmet law was in effect.