Published: July 06, 2009 10:04 pm      

Bikers claim harassment by police

By TESA CULLI

tesa.culli@register-news.com

MT. VERNON — A crowd of motorcycle riders representing motorcycle clubs and activists descended on the city council Monday to express their frustration about what they perceive as targeted ticketing for loud muffler pipes.

“The City of Mt. Vernon is fast getting a reputation as being biker unfriendly,” ABATE Chapter 27 President Mick Eddington said. “Loud pipes save lives, it’s a fact. Someone may not see us, but they hear us.”

Eddington and others claimed that in the last few weeks they have received more than 50 tickets for loud mufflers. The groups cited their charity work in the city and other events they sponsor and support, when saying they would “leave town and take the charity events elsewhere.”

“If we feel threatened, and get ticketed every time we come through, we’ll take our money and our charities and go elsewhere,” Eddington said. “We’d hate to see that. But we’re perceiving that we’re being harassed. If it keeps up, we’ll leave, it’s as simple as that.”

Ronda Tupper, who organizes the annual toy run for the United Methodist Children’s Home said money raised for charitable events, such as the toy run, is spent in the community to purchase items. Also mentioned is the annual Run For The Wall, which has stopped in Mt. Vernon as the only stop in Illinois for more than 20 years, and the revenue from gas which is purchased for between 300 and 500 participants.

One biker was ticketed on his way into the parking lot at Veterans Park on his way to the meeting, and Mt. Vernon Police Chief Chris Mendenall said he was behind the squad car that pulled him over.

“I didn’t notice excessive noise,” Mendenall admitted. “But if you have after market pipes they qualify to be ticketed.”

Mendenall said the citations are being given under the state statute — not a city ordinance — which was adopted by the state in 1970.

“We haven’t aggressively enforced it until recently because we have now been receiving more complaints,” Mendenall said, and read the statute, which states that any pipes that have been modified in a matter to amplify the sound from that originally installed on the motorcycle can be cited.

Mendenall said he has instructed officers to step up enforcement of those who have loud pipes and are being loud in residential areas.

“The intent is not to harass motorcycle groups,” Mendenall said. “I have a license, I enjoy riding. My brother has two Harley’s and there are several officers that have bikes. ... We appreciate the charitable work you do in the community and have even helped escort you through town.”

Mendenall said when directing officers to enforce the statute, there is an element of “judgment” on the part of the officer and when giving directions of enforcement, the officers can interpret and become too aggressive in enforcement.

ABATE attorney George Tinkham, a former attorney with the Attorney General Office and the Illinois Department of Transportation, said the state code only specifies citations for pipes that are “louder than stock.”

“What is stock?” Tinkham asked. “The officer would have to know what was original on each and every bike.”

Tinkham also said taking all the cases to court is “one of the worst ways to practice government. Judges are not in a position to make policy, you are.”

Mayor Mary Jane Chesley directed City Manager Ron Neibert to set up a meeting with representatives of the various motorcycle groups, the police department and city leaders to get an “overview of the situation” and determine any action that would need to be taken about the situation.

In addition to hearing the concerns of the public, the council presented Mt. Vernon Township High School athlete Margo Richardson with a special recognition for her accomplishments at the Illinois High School Association Class 2A State track and Field meet, taking first place in both the mile and two-mile races, setting a new team record in the mile and taking first place in state cross country meet.

“She has represented the city of Mt. Vernon very well in the sports arena,” Chesley said.

The incoming senior told those gathered at the council meeting that she “couldn’t do it without all of the support from the city, the school, my team mates, coach and parents.”

In other business, the council:

Accepted a bid for banking services from Peoples National Bank for three years, with an option to renew an additional three years. According to City Finance Director Merle Hollmann, Peoples offered the city an interest rate of five basis points above the Illinois Funds rate and eliminated service fees. Two other financial institutions submitted bids — Fifth Third Bank and Old National Bank;

Accepted a bid of $8,550 from Rob Nett of Centralia for painting the Municipal Building West;

Accepted a bid of $39,000 from Hampton Equipment for a 6,000 gallon emulsion tank;

Granted permission for the Mt. Vernon Police Department to seek bids for five mobile data terminals;

Approved a phone agreement extension with Ameritech; and

Approved a resolution allocating $20,000 of motor fuel tax funds for costs of relocating Tri-County Electric Cooperative transmission lines for the I-57/64 overpass/interchange project.

In addition, City Councilman David Wood said he has recently become involved with Hope in Christ Ministries, which provides a homeless shelter for those in need. Wood said the ministry is in need of several items, including a copy machine, stove, refrigerator, pickup truck and volunteers for plumbing and other work. Wood urged anyone who is interested in helping Hope in Christ contact Neibert at city hall who will act as a liaison. “There is a real need for this in our community,” Wood said. “Especially during these difficult times.”