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NEWS > RED PHONE
Red phone: Loud motorcyclists are not exempt from noise laws

May 9, 2008
 By Morgan Hill Staff

Gratuity tax at Sinaloa
My family and I recently went to Sinaloa Cafe Restaurant in Morgan Hill. We were a party of six. We ordered our food, which came out two meals at a time. When we received the bill there was an automatic gratuity and then a gratuity tax was added. When I asked about it we did not receive a good answer. Can you find out if this is a legal tax and if so where does it go?




Red Phone:
When restaurants include the gratuity in the bill it certainly is taxable. Let's take for example a 20 percent gratuity charge to a $100 bill (after state and federal taxes). If a 20 percent gratuity is automatically charged - $20, that amount is considered to be a service charge. Service charges fall under the goods and service category with the IRS and since that amount goes directly to the house, it's taxable.



Motorcycle traffic on 'the hill'
I'll bet now that summer is almost here you are supremely busy. My question for you is this ... In the past few years there has been a significant increase in motorcycle traffic "on the hill" Dunne Avenue/Jackson Oaks Drive.

Of course, they have just as much right to the road as I do, but do they have the "right" to excessive speed and excessive noise? There are at least five or six cycles that seem to not have mufflers. One in particular comes down Jackson Oaks Drive, idling and gunning at the stop sign, displaying way too much testosterone. When he hits the pedal, the windows in our homes shake. When our kids are outside their little eardrums are being damaged when this macho-man exhibits his power. What exactly is the law? Dunne is being used as a racetrack coming out of the lake area and down Jackson Oaks Drive. I am sure we could ask them to go slower, with less performance and to use a little more caution and have a little respect for the neighbors on their take-off runway ... but somehow I think it would land on deaf ears. Maybe a few well-placed speed bumps would work. As a matter of fact, I am sure they would.

I notice that a Morgan Hill police officer sits at the bottom of the hill (sometimes pretty well concealed) ... they really need to sit up here for a while. Thanks for your time, Red Phone. I appreciate your column every week. Keep up the great work.




Red Phone:
No motor vehicle other than emergency response units have a right to speed over the posted speed limit, especially around residential areas. As for the noise, according to the California Vehicle Code section 27202, the noise limit for any motorcycle manufactured after 1985 is 80 decibels.

Now Red Phone understands that purchasing a decibel measuring device might not be on the top of your "things to buy" list, but if the noise is significantly loud you can issue a complaint with the Department of Environmental Health at (408) 918-3400.

You may also read more information regarding noise pollution on the Santa Clara County Web site at www.sccgov.org. In the search bar, type "noise pollution" and click on the second link. Finally, you may want to issue a citizen inquiry with the City of Morgan Hill and describe the situation. Submissions may be made at www.morgan-hill.ca.gov/html/contact/inquiry.asp. As a suggestion, documenting the times and days your audible road warrior passes by would give an officer (if the city decides to send one) an idea as to what time to drop by. Godspeed!



Target charity funds
I have a question concerning Target. They have TV ads that say that they give a percent of their profits to charity. Does Morgan Hill get the benefit? If so where?




Red Phone:
Stephanie Clark, from Target's Human Resources Department, said Target gives back to the community through a variety of programs. The Take Charge of Education program operates with the Target Visa or Target Guest Card. Every time the participating guest uses the cards at a Target Store or target.com, 1 percent of the purchase, and 1/2 percent of Target Visa purchases made elsewhere, go to the eligible school of the guest's choice.

Target Field Trip Grants provide 1,600 educators with grants worth $1,000 to their students on field trip of their choice. See target.com to apply.

Each Target store also gives out grants each year to local non-profit organizations located within the stores community. The grants are focused on arts, early childhood reading and family violence preventions. See target.com to apply. Red Phone thanks Clark for the great information about how much Target helps out our community.


Morgan Hill Staff
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