I wanted to start an additional thread on this subject so that this post did not get lost in the 300+ posts on the original thread. Sorry for the duplication.
Also, I apologize for the length of the post but it is necessary.
First off I want to provide some background. We have a boat with Mercury Racings 525 motor. Since we knew that the noise laws were coming we decided to put some type of muffling device on. I contacted Rex Marine and asked them if they were interested in using our boat as a test boat since it’s a fairly stout motor and is bone-stock. Rex Marine agreed. We spent the better part of an entire day at Lake Elsinore with a representative from Rex Marine testing the boat with the stock exhaust to get a baseline, testing with the proto-type to see what the difference was in the decibel (db) readings from stock exhaust to prototype. We then put on the actual Rex Marine Silencers to compare the db readings to stock exhaust, prototype Silencers, and then the real Silencers. All of these tests were conducted per the new CA law that goes into effect on January 1, 2005 which is more restrictive than the AZ law. For a refresher, the law in AZ is 86 db at 50 ft at any throttle position, of which idle is one. The new law in CA is 88 db at 39” back from the transom and 4’ up from the waterline. Both the prototype silencer and the finished product version of the Silencers brought our db readings down to 88 dbs.
On Saturday September 25, 2004 we drove from our house in Lake Havasu to the Lake Havasu Marina knowing full well that we would probably be stopped and asked to be tested. We thought fine, we have the new Rex Marine Silencers which we KNOW meet the more restrictive CA law. Upon arrival at the Marina I was asked by an employee of the marina if we have been tested, I explain yes we have silencers installed that meet the CA law that goes into effect on January1, 2005. The employee asked if I had been tested at the marina to which I responded no. The employee proceeds to tell me that I have to be tested or I will not be allowed to launch. Keep in mind this is after I have already paid my launch fee.
We proceed to the launch area and are then asked if we have been tested by yet another employee of Lake Havasu Marina. I again explain the situation as described above about having the Rex Marne Silencers. This employee asks if they can take a look at them on the back of the boat. I tell the employee sure, no problem. The employee looks at them and then tells me, youÂ’re good, just go to lane 3 and launch when it is cleared.
I proceed over to lane 3 as instructed by the employee of Lake Havasu Marina. The Ramp Ranger then says to the employee who told me I was good that I need to be tested no matter what. I say fine, again, knowing that we meet the more restrictive CA law.
I back the boat down into the water, with my dad at the helm, of lane 1 and disconnect it from the trailer. The Ramp Ranger, that’s what the nametag on his shirt said, then proceeds to walk ~10 ft back, not a true measured distance, just 3 steps from the back of the boat. The Ramp Ranger asks my dad to start it up which he does. The Ramp Ranger then begins to point his db meter at the back of the boat. While the Ramp Ranger is doing this a friend of mine who had already launched is standing right next to the Ramp Ranger with his own db meter. My friend proceeds to ask the Ramp Ranger if he has the db meter set to slow response, per the AZ law, the Ramp Ranger says “no” and hastily makes changes to the switches/dials on the db meter. The Ramp Ranger again points the db meter at the transom with my friend still there. My friend then asks the Ramp Ranger if he has the db meter set to the “A” scale, as per the AZ law, as opposed to the “C” scale. The Ramp Ranger replies “no” and again hastily makes changes to the switches/dials on his db meter. The Ramp Ranger is now pointing his db meter at the transom and the db’s are bouncing between 87 and 88 dbs, the same readings, within a db of my friends meter. The Ramp Ranger also proceeded to tell my dad that they had just gotten the db meter on Friday, lots of formal training I’m sure. The Ramp Ranger then proceeds to tell us that we can not launch and that we need to put the boat back on the trailer.
Both my dad and I inform the Ramp Ranger that the boat has Rex Marine Silencers installed that meet the more restrictive CA law of 88 db’s at 39” We also inform the Ramp Ranger that the law in the State of Arizona is 86 dbs at 50 ft. The Ramp Ranger proceeds to tell us that no, the law in Arizona is 86 db at 50 ft at Wide Open Throttle (WOT). We again inform the Ramp Ranger he is wrong in what the State Law is. He says “it does not matter and that we need to put the boat back on the trailer”, keep in mind the boat is now, and has been the whole time, floating. I proceed to tell the Ramp Ranger that I am not putting the boat back on the trailer as I am floating and they have no jurisdiction over the water. The Ramp Ranger then states, “put it back on the trailer or I will call my manager”, I tell the Ramp Ranger to call his Manager.
The manager, (I do not believe that it was Jeff that everyone refers to), proceeds to come over and I extend my hand to shake his hand, which he refused to do. The Manager then proceeds to raise his voice and ask me “What part of 86 decibels do you not understand?” in front of a crowd of at least 5-10 other boat owners waiting to launch/be tested. I reply to the manager that I understand 86 dbs but the law in the State of Arizona is 86 dbs at 50 ft, not the ~10 ft that the Ramp Ranger was taking the measurement at. The manager then tells me “I don’t care what the State Law is, these are the Lake Havasu Marina Laws and we make the laws around here and the law here is 86 dbs.” The Manager goes on to say that “This is private property and we can do whatever we want to. The State can not tell a private business how to run its business.” I inform the manager that I know for a fact that the Marina resides on State of Arizona owned land that the Marina leases from the State as a Sub-concessionaire, they do not own land which means it is not private property. I ask the Manager if he knows if he is in violation of Arizona law, that is the noise law, and he responds again with “I don’t care what the State Law is”.
The Manager then proceeds to tell me that we either put the boat back on the trailer or he will call the Police and have them come and arrest us. I tell him that we are on the water and he has no jurisdiction on the water and go ahead and call the Police. I then proceed to tell my dad to just take the boat out to Thompson Bay. The Manager then looks at my dad and says, “Are you going to leave your tow vehicle here, if so we’ll take real good care of it” In a very sarcastic and threatening tone. I ask the Manager if that is a threat. He says “No, we’ll just watch it real close for you” again in a very sarcastic and threatening tone. I again ask the Manager if that is a threat, he responded again with no. I tell him, well it sounded like a threat to me. And the crowd that had gathered around said they agreed.
I tell my dad to head over to Windsor and IÂ’ll tow the trailer over there and we will just retrieve from there. The Manager then proceeds to find out the AZ numbers on the boat and told the Ramp Ranger that we are banned from ever coming back to the Marina, (for what I do not know since we MEET THE ARIZONA LAW). The Manager also directs the Ramp Ranger to take the tow vehicle license plate and the trailer plate. I proceed to tell the Ramp Ranger both.
So, we have a launch ramp that sits on leased State land and the contract for the lease states that they must provide a public launch ramp for the boating public to use. I received a response from the Arizona State Land Department to the previous letter that I wrote requesting action regarding the Marina and it’s actions, The letter stated that the sub-concessionaire “…is without authority to restrict public use, without good cause, of the marina to launch water craft” Where is the good cause in what I have described above?
For all of you that think it won’t happen to you, it will. This needs to be fought because what the Marina is doing is wrong and totally arbitrary. Who is the Marina, as a non-law enforcement agency, to restrict a certain boater from launching at their facility? The Marina does not make the laws in the State of Arizona. The Marina can not come up with its own “Lake Havasu Marina Laws” as the Manager said they have. The Marina has absolutely no right to prevent us from launching again nor do they even have the right to conduct decibel meter tests on launching boats.
EVERYONE NEEDS TO GET INVOLVED IN THIS! WHAT THE MARINA IS DOING IS NOT RIGHT! THIS IMPACTS US ALL!
Hd, sorry to hear it. Sounds like someone at the marina wants to play God to the lake. What are the possibilities of getting a class action lawsuit going, or getting the state to enforce the rules that they are not a private property and cannot restrict the use?
I was present at the incident related above and can attest to the accuracy of HD's facts. I was appalled at the attitude of "we're above the law" that the Lake Havasu Marina staff project. I believe the staff member or manager's name was "Tony" and can best be described as an older, grey haired, tall guy. I have a picture of this person that I haven't posted yet. I took pictures while the scene played itself out. I can also say that I took "Tony's" statement of "watching the truck" as an implied threat.
In no way did Havasu Dreamin' nor his dad incite this incident. Both were calm and polite to the Ramp Ranger and this Tony character. Tony's reply that the Marina didn't have to abide by Arizona law astounding all of the bystanders - which were many.
This crap has to stop.
I had been boycotting the marina until recently.Was under the impression that round one had been won and give it a try.Since then i launched twice.
Last time about 2-3 weeks ago no problem.this time the rump ranger I mean ramp ranger stood about 10' behind my boat with his meter and says that my boat is to loud and that i can't launch there anymore.STOCK496ho and my exhaust is under the swim step half in the water.Muffled and quite to say the least.What the f u c k? I think it's time for Mercruiser to get involved if thier stock engines can't be legally launched or run on the lake.
This flat out sucks! People with power can be dangerous. People who abuse their power are insecure scum bags who make life tough for others for no reason.
Justice will be gained when this weasel and his henchmen are tossed out on their asses. Then they'll have no power and return to simply being pricks.
Now the question I have is what is the best way to put an end to this BS?!
Everyone and I mean EVERYONE needs to get involved in this. The marina screwed up every launch ramp in town this weekend with their arbitrary and illegal practices. The Advantage owners (who mostly had stock boats) with families, kids, friends, etc. were treated like common criminals this weekend. Windsor was full by early afternoon on Saturday, an afternoon that normally wouldn't even get to capacity. We have a major problem here and even if you don't launch at the marina, you will BE IMPACTED. Even for those of you not usually inclined to get involved, please take the time to make some calls, write some letters, donate some money, etc. to help out. I didn't spend $100k on a boat to watch it sit in my drive way. Contact Art and see how you can help.
I can also say that I took "Tony's" statement of "watching the truck" as an implied threat.
Maybe a sacrificial (read: commuter) truck could be placed in harms way, just to catch these focks.
If we get to deliver a nice beatin' then the video go's away. If we don't then we have video evidence.
Now the question I have is what is the best way to put an end to this BS?!
Write letters. Write many and write write often. Explain that you are not happy wth what you are hearing is happening at the Lake Havasu Marina. If you ahave first hand experiences, liek the one I described above or similiar, write about that. We need to get on this and get the Marina to stop this BS!
I guess I wont be lauching tbere
Here are all of the addresses that I have so far. Every person on this list has received a letter from me. EVERYONE ELSE SHOULD DO THE SAME!
Arizona State Land Department
Operations Division
1616 W. Adams
Phoenix, AZ 85007
RE: Havasu Marina Inc
Lake Havasu City, AZ
Lease No. 32-99062
_________________________________________________
Lake Havasu City Council
Attn: Honorable Mayor Bob Whelan
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Bob Crabtree
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Carolyn Bruce
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Kristen Leitz-Aldridge
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Paula Fowler
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Don Clark
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
Lake Havasu City Council
Attn: Councilmember Vall Striyle
2330 McCulloch Blvd N, Lake Havasu City, AZ 86403
TodayÂ’s News Herald
Attn: Brian Wedemeyer
2225 W Acoma Blvd
Lake Havasu City, AZ 86403
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