An eleventh hour discovery that the ordinance amending the vendor and special events permits needed to go to the Planning Commission for a recommendation prior to final consideration from council keeps an issue potentially affecting the May bike rallies undecided.
Third reading of the ordinance was scheduled for county council last night. If the ordinance had been approved in its present form, vendor permits would be allowed for seven days at reduced fees from prior years. Both would be positive results for the bike rallies.
Instead, council chairman Tom Rice announced county attorney Arrigo Carotti had contacted him earlier in the day stating the ordinance must be reviewed and a recommendation received from the Planning Commission prior to final consideration from council.
Carotti took the podium and went through a song and dance with Rice about how this development had been discovered only hours before the council meeting was scheduled to start. Carotti told council that he had been informed by Planning Department Director Janet Carter that the ordinance, if passed, would cause a change to Appendix B of the county’s zoning ordinance, therefore state law and county ordinance both required Planning Commission review.
Therefore, third reading of the ordinance had to be delayed until the next regular meeting of council, April 17th. The regular meeting of the Planning Commission is scheduled for Thursday April 5, 2012 at which the ordinance will be considered and a recommendation made to council.
This would all be very understandable, if regrettable, except for several considerations. The ordinance was always designed to change Appendix B of the county zoning ordinance. This was not a development that happened yesterday. Proper council leadership and/or staff work would have included referral to the Planning Commission over a month ago.
Why did it slip through the cracks until the last minute?
The ordinance was first discussed at the February Committee of the Whole meeting of county council with Rice stating “something” would be on the agenda for first reading at the county’s February 28, 2012 meeting.
Rice led the “Take Back May” movement several years ago, before being elected to county council. The movement effectively cancelled bike rallies in Myrtle Beach.
His intention from the beginning was to develop an ordinance that would further discourage bike rally attendance in the county. Rice has been heard privately to say he would get rid of every biker in Horry County if he could.
First reading of Rice’s ordinance was successfully passed by council at its February 28th regular meeting.
However, Rice’s ordinance ran into considerable opposition on second reading at the March 13, 2012 regular council meeting. This resulted in the ordinance being amended so that the number of days the permits would be issued for remained the same seven days it has been for the past several years with reduced permit fees.
That was the ordinance that would have passed third reading Tuesday night if it wasn’t for the eleventh hour “discovery” that a step in approving the ordinance had been skipped.
A majority of council members told me after Tuesday’s meeting that they had been given no “heads up” prior to the meeting that third reading had to be delayed. Many said they felt “sandbagged” by the development. From what I can determine, only Rice knew of this in advance.
Council has dinner available prior to council meetings. There is not a formal meeting in the “chicken room”, as it is called, but often upcoming agenda items are discussed in passing. I have it on authority that not one word of delaying third reading of the ordinance was mentioned.
The votes were lined up to easily pass third reading of the ordinance, thereby defeating an attempt by Rice to further dampen enthusiasm for and attendance at the May bike rallies.
Now, third reading cannot be considered until council’s April 17th meeting. This brings resolution of the issue to within several weeks of the start of the Harley Davidson Rally. Will such indecision until the last minute have the effect of reducing bike rally attendance?
Was this mishandling of the ordinance process a way for Rice to negatively affect the bike rallies even though his ordinance ultimately goes down to defeat?
Why does the county seem to be indirectly following Myrtle Beach’s lead in discouraging the millions of dollars the bike rallies generate for the local economy?
The atmosphere on the council dais is the most toxic I have seen in many years of covering council meetings. Even in the days when Terry Cooper and Liz Gilland were constantly “spitting at each other”, it was not as bad as it is now. Nobody on council trusts anyone.
This is terrible leadership on Rice’s part and horrible government for the citizens of Horry County and the tourist economy we depend on.
An eleventh hour discovery that the ordinance amending the vendor and special events permits needed to go to the Planning Commission for a recommendation prior to final consideration from council keeps an issue potentially affecting the May bike rallies undecided.
Third reading of the ordinance was scheduled for county council last night. If the ordinance had been approved in its present form, vendor permits would be allowed for seven days at reduced fees from prior years. Both would be positive results for the bike rallies.
Instead, council chairman Tom Rice announced county attorney Arrigo Carotti had contacted him earlier in the day stating the ordinance must be reviewed and a recommendation received from the Planning Commission prior to final consideration from council.
Carotti took the podium and went through a song and dance with Rice about how this development had been discovered only hours before the council meeting was scheduled to start. Carotti told council that he had been informed by Planning Department Director Janet Carter that the ordinance, if passed, would cause a change to Appendix B of the county’s zoning ordinance, therefore state law and county ordinance both required Planning Commission review.
Therefore, third reading of the ordinance had to be delayed until the next regular meeting of council, April 17th. The regular meeting of the Planning Commission is scheduled for Thursday April 5, 2012 at which the ordinance will be considered and a recommendation made to council.
This would all be very understandable, if regrettable, except for several considerations. The ordinance was always designed to change Appendix B of the county zoning ordinance. This was not a development that happened yesterday. Proper council leadership and/or staff work would have included referral to the Planning Commission over a month ago.
Why did it slip through the cracks until the last minute?
The ordinance was first discussed at the February Committee of the Whole meeting of county council with Rice stating “something” would be on the agenda for first reading at the county’s February 28, 2012 meeting.
Rice led the “Take Back May” movement several years ago, before being elected to county council. The movement effectively cancelled bike rallies in Myrtle Beach.
His intention from the beginning was to develop an ordinance that would further discourage bike rally attendance in the county. Rice has been heard privately to say he would get rid of every biker in Horry County if he could.
First reading of Rice’s ordinance was successfully passed by council at its February 28th regular meeting.
However, Rice’s ordinance ran into considerable opposition on second reading at the March 13, 2012 regular council meeting. This resulted in the ordinance being amended so that the number of days the permits would be issued for remained the same seven days it has been for the past several years with reduced permit fees.
That was the ordinance that would have passed third reading Tuesday night if it wasn’t for the eleventh hour “discovery” that a step in approving the ordinance had been skipped.
A majority of council members told me after Tuesday’s meeting that they had been given no “heads up” prior to the meeting that third reading had to be delayed. Many said they felt “sandbagged” by the development. From what I can determine, only Rice knew of this in advance.
Council has dinner available prior to council meetings. There is not a formal meeting in the “chicken room”, as it is called, but often upcoming agenda items are discussed in passing. I have it on authority that not one word of delaying third reading of the ordinance was mentioned.
The votes were lined up to easily pass third reading of the ordinance, thereby defeating an attempt by Rice to further dampen enthusiasm for and attendance at the May bike rallies.
Now, third reading cannot be considered until council’s April 17th meeting. This brings resolution of the issue to within several weeks of the start of the Harley Davidson Rally. Will such indecision until the last minute have the effect of reducing bike rally attendance?
Was this mishandling of the ordinance process a way for Rice to negatively affect the bike rallies even though his ordinance ultimately goes down to defeat?
Why does the county seem to be indirectly following Myrtle Beach’s lead in discouraging the millions of dollars the bike rallies generate for the local economy?
The atmosphere on the council dais is the most toxic I have seen in many years of covering council meetings. Even in the days when Terry Cooper and Liz Gilland were constantly “spitting at each other”, it was not as bad as it is now. Nobody on council trusts anyone.
This is terrible leadership on Rice’s part and horrible government for the citizens of Horry County and the tourist economy we depend on.
If Ralph Anderson is your representative in Greenville, you need to contact him immediately and let him know you are not happy with this bill. Contact him even if he is not your representative. hE NEEDS TO KNOW HE JUST OPENED A CAN OF WORMS!
JOIN US IN COLUMBIA JANUARY 10, 2012 FOR LOBBY DAY! WE MEET UPSTAIRS IN THE STATE HOUSE @ 9AM. YOU DO NOT HAVE TO BE A MEMBER OF ABATE TO ATTEND. TAKE THE DAY OFF FOR AN IMPORTANT ISSUE, BRING YOUR KIDS (VERY EDUCATIONAL), COME OUT AND SHOW THE POLITICIANS (CIVIL SERVANTS) THAT YOU ARE SERIOUS ABOUT PROTECTING YOUR OWN FREEDOM TO CHOOSE. WE NEED TO COVER THE STATE HOUSE WITH LEATHER!
IF YOU ARE COMING FROM THE UPSTATE AREA, GREENVILLE ABATE MEETS AT THE IHOP ON WOODRUFF ROAD & I-385 @ 6AM, LEAVING @ 7AM TO COLUMBIA. WEATHER PERMITTING (NOT SNOWING), WE WILL RIDE, OTHERWISE WE CAN CARPOOL.
LET YOUR CIVIL SERVANTS KNOW WHERE YOU STAND AND THAT YOU ARE WATCHING THEIR EVERY MOVE. JOIN ABATE IN THE FIGHT FOR BIKER RIGHTS AND FREEDOM OF THE ROAD! iF YU DO NOT KNOW WHO REPRESENTS YOU, CHECK OUT THIS LINK:
NIKKI HALEY & HER HUSBAND ARE ABATE MEMBERS. CALL HER AND THANK HER FOR STANDING FOR OUR RIGHTS AND REMIND HER THAT YOU ARE HAPPY WITH THE CURRENT HELMET LAW. CONTACT YOUR REPRESENTATIVE AND SENATOR, TOO!
FAST FRED HAS PROVIDED MORE INFORMATION BELOW ON HOW TO TAKE ACTION AND WHO TO CONTACT. THANK YOU FRED!
TAKE ACTION TO SUPPORT SC's CURRENT HELMET LAW
Senate Transportation Committee Members: Grooms, Lawrence K. "Larry", ChairmanRyberg, W. GregLand, John C., IIILeatherman, Hugh K., Sr.McGill, J. YanceyElliott, DickRankin, Luke A.Verdin, Daniel B. "Danny", IIIMalloy, GeraldPinckney, Clementa C.Campsen, George E. "Chip", IIICleary, Raymond E., IIIPeeler, Harvey S., Jr.Anderson, RalphSheheen, Vincent A.Campbell, Paul G., Jr.Bright, Lee
Please send thank you notes to Senator Grooms and Governor Haley. Thank them for their past support of motrocyclist's rights and encourage their continued support of our rights.
On Wednesday, December 14, the Senate Commerce, Science, &Transportation Committee will mark-up the "Motor Vehicle and Highway Safety Improvement Act of 2011," (S. 1449). The measure covers the safety aspects of the next national transportation program, including the acceptable activities of the National Highway Transportation Safety Administration (NHTSA). S. 1449 contains three areas of critical concern to motorcyclists.
The first is Lautenberg Amendment #1 filed on the morning of Monday, December 12. Senator Frank Lautenberg's (D-NJ) amendment would drastically alter the motorcyclist safety grant program, indirectly force states to pass mandatory universal helmet laws, and direct the use of federal tax dollars to only promote the use of helmets.
More specifically, the amendment alters the current motorcyclist safety grant program (a.k.a. Section 2010 funds) by loosening the requirements to receive funds for states with mandatory universal helmet laws in place. A mandatory universal helmet law requires any rider and passenger on a motorcycle to be wearing a helmet at all times, regardless of age. The AMA believes that adults should have the right to voluntarily decide when to wear a helmet.
States that currently do not have universal helmet laws would see their qualification criteria become stricter in order to receive safety grants.
Additionally, states without mandatory universal helmet laws would be required to spend 50% of their grant funds on the promotion of helmet use. The remaining 50% could be spent on rider training, helmet promotion, enforcement programs to reduce impaired riding, linking motorcycle data together electronically in states, implementation of graduating licensing systems for riders, and speeding and reckless riding enforcement programs.
The revised use of funds is contradictory to the spirit in which motorcyclists fought for the safety grant program during the last federal transportation initiative. In 2005, the motorcycling community came together to create the motorcyclist safety grant program to encourage states to fund motorcycle safety awareness, education, and training programs. The allowable uses of funds included public service announcements, motorist awareness campaigns, and the improved delivery of rider training.
Lautenberg Amendment #1 would provide zero funding for awareness and education programs.
The second threat to motorcyclists is a clause that would lift the ban on NHTSA being able to use federal tax dollars to lobby states to pass mandatory helmet laws. The provision was included in the national transportation program beginning in 1998 and was re-affirmed in 2005. The AMA believes that the decision on helmet laws is the right of each individual states and the federal government should not be allowed to apply unfair pressure to influence a state's choice on that issue.
Senator Jim DeMint (R-SC) has introduced one amendment to strike the clause lifting the ban on NHTSA lobbying efforts. Additionally, DeMint has offered an amendment that would further address lobbying efforts by the federal government. Both DeMint Amendments #1 and #18 should pass in order to bar the federal government from using individual tax-payer dollars to control the state law-making process.
Thirdly, S. 1449 seeks to alter the definition of "motor vehicle equipment" to specifically call-out motorcycle helmets. This is a tactic used to quietly suggest states spend federal funding related to any type of motor vehicle equipment on motorcycle helmets. Senator DeMint has also offered DeMint Amendment #2 to strike the reference to motorcycle helmets in this definition.
If one of your Senators is on the Commerce, Science, & Transportation Committee, then that Senator can help address these issues immediately. Due to the short amount of time available, the best way to contact your Senator is to call. Click on the "Call Now" option, enter your zip code and receive all the information you need, including pre-written talking points to deliver to your Senator on the Committee.
Call your Senator on the Committee now and tell them to: 1) Vote "No" on Lautenberg Amendment #1 to S. 1449 that would change the motorcyclist safety grant program; 2) Support the DeMint Amendments #1 & #18 to S. 1449 that would address lobbying by the federal government; 3) Strike "motorcycle helmet" from the definition of "motor vehicle equipment."
Call now; there is no time to waste --- The recent bill SB 1867, voted on and passed through the Senate, is called the National Defense Authorization Act for Fiscal Year 2012, pertaining to the detention and imprisonment of US citizens by the US military without trial or jury is not only a threat to every law-abiding citizen in this country but to our US Constitution as well. Our Bill of Rights has been thrown out the window!!!
We must have 100% participation from every biker that values personal freedom and LIBERTY!
Every one of us must let the President know he must VETO this horrible piece of legislation .
Chad Fuller, from the Columbia, SC office of Tom McGrath's Motorcycle Law Group, gave a presentation at today's ABATE meeting. Here is the video that the firm produced, with helpful advice on insurance coverage to protect yourself in the event you are hit by someone.
COLUMBIA, S.C. — Bikers coming to Myrtle Beach for annual rallies can once again ride their motorcycles without helmets or eyewear.
The South Carolina Supreme Court unanimously ruled Tuesday that the city cannot mandate the protective gear in the absence of a state law. The Myrtle Beach city council adopted the ordinance in 2008 after years of complaints from residents about noise, lewd behavior and congestion along the 60-mile Grand Strand, and the helmet ban had an almost immediate effect: rallies saw double-digit percentage drops in attendance last spring.
Individual cities each making distinctive rules on helmets and eyewear would lead to chaos for motorcycle riders, the justices ruled.
"Local authorities might enact ordinances imposing additional and even conflicting equipment requirements," wrote Justice Costa Pleicones. "Such burdens would unduly limit a citizen's freedom of movement throughout the state."
State Rep. Thad Viers, a local lawyer who challenged the ordinance, said the decision reaffirms important limits on government power.
"It's a great day for freedom," the Myrtle Beach Republican said. "I think the court spoke very clearly about what local governments can and can't do in the state of South Carolina."
Calls to Myrtle Beach officials were not immediately returned Tuesday.
Sonny Copeland, who organizes Myrtle Beach Bike Week in the spring, doubts the court's ruling will have much effect on reviving biker enthusiasm for the city. He said the city, which covers about 14 of the strand's 60 miles of coastal vistas, has made its feelings clear.
"If you ride a motorcycle, you're not welcome in the city of Myrtle Beach," Copeland said.
He expects future motorcycle events to bypass the city altogether.
The city council adopted the ordinance unanimously. There are two major rallies: the bike week rally in the spring attracts mostly white riders, while bikers at the Atlantic Beach Bikefest during Memorial Day weekend are mostly black.
Biker rallies have been going on in Myrtle Beach for decades, but the events have grown rapidly over the last 20 years.
The helmet ban had carried a $100 fine.
Michael Norman, an Atlanta biker who's been ticketed for not wearing a helmet at Myrtle Beach, welcomed the court's decision. But he said the city is no longer the favored destination it once was.
"They don't really like the bike rallies anymore," he said. "They're not as friendly. They're not as geared toward welcoming visitors."
ABATE does not advocate riding without a
helmet; ABATE advocates that you have the right to decide. ABATE does
not condone drinking and driving or riding. Contributions to ABATE of
South Carolina, Inc., or any of its chapters are not tax deductible.
