Kennebunkport’s response to citizen complaints about excessive motorcycle noise is going to amount to little more than paying lip service to the problem. After resident David James brought his concerns to the board in late August, they decided to take up the issue ”“ following the lead of neighboring Arundel and Kennebunk.

On Thursday, the selectmen voted to spend money on signs that politely ask motorcyclists to keep the noise down. That’s right, signs. And this “friendly message” was supported by the town police chief as a legitimate way to limit excessive noise.

Apparently, the town has not been listening to the cries of Arundel residents who complain that a great deal of motorcycle noise emanates from Bentley’s Saloon, a popular biker attraction. Those who haven’t been to the establishment may not know that the saloon has enormous signs facing bikers as they leave, asking them to “respect our neighbors” and refrain from revving engines or pulling out loudly.

The ongoing issue in that area of Arundel is enough to prove that those signs have not done much good. An obnoxious motorcyclist (and they are the minority) who is proud of his or her illegal “muffler” for its ability to emit an insane amount of noise will not pay any mind to a sign that asks them to be polite. Especially when there is another human within earshot who might be impressed by their mighty pipes, these motorcyclists will continue to give all bikers a bad name by generously revving their engine and peeling out when they get a chance. Bentley’s is dealing with these bikers by letting them know that they are not welcome back because they are giving the establishment a bad name. The ownership has tried the signs and neighbors will attest that they just do not work for the type of motorcyclists who would seek to make loud noise in the first place.

The Kennebunkport selectmen have rejected the idea of enforcing the Environmental Protection Agency labeling requirements, stating that it’s “not enforceable.”

The EPA mandates that a motorcycle should not exceed 80 decibels at 4,700 rpms, and new motorcycles have matching tags on the chassis and a stamp on the exhaust that show compliance. After-market mufflers that meet EPA standards are also stamped or stickered.

The EPA label is actually the only option that is enforceable, because it does not rely on any one person or police officer’s subjective opinion of “offensive noise.” As Kennebunk resident and noise petition circulator Claire Unsinn stated at a recent  Arundel selectmen’s workshop, “it’s black and white.” Either the motorcyclists has a muffler that meets EPA noise level requirements or they don’t. How is that not enforceable?

In Arundel, a newly-formed motorcycle noise abatement committee is considering the EPA label ordinance as the best way to deal with excessive noise. Portland, too, had put the EPA proposal before its city council, which voted it down Sept. 9 after being scared away by the prospect of lost business and tourism, according to the Portland Press Herald report. Even Portland City Councilor Daniel Skolnik said that the proposed ordinance would not affect most bikers, only the “ridiculously loud” motorcycles, according to the article.

Motorcyclists with proper mufflers are easy to pick out by ear and strike a stark contrast to those with illegal mufflers. Many people who ride motorcycles even think illegal mufflers are obnoxious and annoying. A great deal of motorcyclists today are your next door neighbors, your co-workers and fellow church-goers ”“ and they don’t like to have to stop their dinner conversation so that a bike can go by any more than the next person.

But both Kennebunkport Police Chief Joseph Bruni and Selectman Mat Lanigan said they feel the EPA ordinance would be unfairly singling out parts of the population and violating the rights of a certain type of motorists. But anyone with a muffler that exceeds EPA noise standards is breaking the law. How is that singling anyone out?

Are we violating the rights of those who drive cars when police officers pull them over for exceeding the speed limit? No, we are enforcing the law.

Selectman Sheila Matthews-Bull stated that those motorcyclists who obey the law will be “paying for” the other motorcyclists’ illegal decision if the EPA label ordinance is adopted. But that just isn’t true ”“ a law-abiding motorist certainly doesn’t pay any penalty for the person in the car next to him who gets fined for using excessive speed.

The Kennebunkport selectmen’s wholesale rejection of adopting an EPA label enforcement ordinance shows that they clearly do not understand the real problem, do not understand the EPA label rules and do not understand the different types of motorcyclists. What they will soon grasp, however, is that their “polite” signs will not be money well spent.

— Questions? Comments? Contact Kristen Schulze Muszynski or Nick Cowenhoven at 282-1535 or kristenm@journaltribune.com or nickc@journaltribune.com.