520 North Main Stree ce (248 581-2600, Royal Oak, Michigan 48067 Fan (855) $31-2600 "The Law Offiges of Barton Morris ‘August 2, 2017 ‘SENT VIA EMAIL: gilamd@ romi,gov David W. Gillam, Esq Royal Oak City Attorney 211 South Willams Street Royal Oak, Michigan 48067 Re: Disorderly Conduct - Loud Vehicles Unlawful Enactment and Enforcement Please be advised that this office has been officially retained by several persons whom have recently been issued a civil infraction andlor misdemeanor offense of being a isorderly person by operation of a “loud vehicle" or making an “unreasonable noise” in alleged violation of Royal Oak City Ordinance Article V Section. 278-35 subsections (B) and (Q). Its our understanding that these infractions have been issued on a regular and {frequent basis primarily on, or around, Woodward Avenue and in particular in the months immediately before and after the annual Woodard Dream Cruise. ‘State law on vehicle noise specifically states that a vehicle cannot exceed 90 decibe's on ‘a weighted network on a highway with a speed limit of 96 miles per hour or greater. MCL. 257.707o(). State law further states that a city shall not adopt an ordinance to enforce vvehiole noise unless the rules are “identical to the requirements of” the state law. MCL. 287.707e(2). Please be advised that the City’s Ordinance, enacted on July 25, 2016 is rot Identical to the state statute which seeks to regulate the same issue. The City’s ‘Ordinance is blatantly in violation of state law and its concerning because it is our Understanding that these tickets have been issued hundreds of times. Many people who ‘aro simply enjoying the summer with their cars on Woodard feel harassed. This letter ‘s00ks to stop this perception and end the issuance of these infractions immediately. am eager to hear your response and corrective actions that you plan on implementing. spect,» oe i i | (os farton W. Mortis, Jt. ‘cc: Corrigan O'Donohue, Chief of Police