Monday, March 24, 2025

New Laguna Beach Ordinance Regulate e-Bikes March 2025

 On March 11 2025 the LB City Council approved 5:0 the city Ordinance establishing regulations specific to the operation of e-bikes and other electric transportation conveyances. Since then the LBPD and city staff have further clarified the penalty provisions, the Ordinance will again appear before City Council March 25 2025 during the regular Council Session Consent Item #15.   The Ordinance paraphrased for simplicity appears below.

This information is presented for information only and is not considered legal guidance. For full text of the measure, see the Ordinance in municipal city code.

Chapter 10.16: Electric Bicycles and Other Electric Transportation Devices

Section 10.16.010 - DEFINITIONS


a) "Bicycle" means and includes any device upon which a person may ride, propelled by human power through a system of belts, chains or gears, with 20-inch wheels and 14-inch fame.

b) "Electric Bicycle" or "E-Bike" shall have the same meaning as set forth inCalifornia Vehicle Code Section 312.5, as amended on occasion.

c) "Motorized bicycle" shall have the meaning as set forth in California Vehicle Code Section 406(a), as amended form time to time.

d) "Other electric or motorized conveyance" shall mean any such similar one-, two-,or three-wheeled devices used for conveyance, optionally electric or other power source but may also accept human propulsion.

Section 10.16.020- OPERATION AND USE

A) Any person riding or operating any electric bicycle, motorized bicycle, or any other electric or motorized conveyance in the City must comply with the following provisions:

1. Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motorized bicycle, or any other electric or motorized conveyance recklessly or otherwise in an unsafe manner on any public roadway, highway, sidewalk, park, or private property open to the public. "Unsafe manner" shall mean operation violating City municipal code including speed, noise, threatening to cause injury to self or others, presenting a hazard to the free use of public property by pedestrians, motorists.

2. Direction of Travel. The operator all bicycle, electric or motorized conveyance shall travel in the same direction as vehicles on a roadway, regardless whether the operator is in the roadway or in a bike lane.

3. Yield to Pedestrians and Vehicles. The operator of all bicycle, electric or motorized conveyance shall yield to vehicles and pedestrians as required by the California Vehicle Code.

4. Signs. The operator of all bicycle, electric or motorized conveyance  shall obey official posted signs, including but not limited to traffic control signs and parking signs.

5. Speed Limit. No operator of an electric bicycle, motorized bicycle, or any other electric or motorized conveyance shall travel over 25 miles per hour on any public highway, trail, path, park, or other public prope1ty within the City where electric bicycles, motorized bicycles, or any other electric or motorized conveyances are permitted to be driven.

6. Passenger Restrictions. No person riding or operating an electric bicycle, motorized bicycle, or any other electric or motorized conveyance shall transport another person on such a conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner. No person shall be a passenger ... unless such passenger is seated upon a seat attached to the vehicle in a safe manner.

7. Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motorized bicycle, or any other electric or motorized conveyance, as specified in California Vehicle Code
Section 21212.

Section 10.16.030 - PENALTIES

A. Violation of any provision of this Chapter may be punishable by administrative citation and fine, pursuant to the procedures outlined.  In the event a minor is cited for violating this section, administrative citations may be issued to both, or either, the minor and the minor's parent or guardian.

FINES
1. An administrative fine not exceeding $100 for the first violation.
2. An administrative fine not exceeding $200 for a second violation within one year of the first violation.
3. An administrative fine not exceeding $500 for each additional violation
within one year of the first violation.


B. Violation of any provision of this Chapter may be punishable as an infraction, pursuant to the procedures outlined in Section 1.04.025 of this Code.

Section 10.16.040 - IMPOUND


a) In the event an adult is cited for violating this section for a violation that endangers the safety of others, the City officer issuing the citation may impound the electric bicycle, motorized bicycle, or any other electric or motorized conveyance to the Laguna Beach Police Department. The impounded ... conveyance shall be released upon payment of the impound fee consistent with Laguna Beach Police Department impound fee schedule.

b) In the event a minor is cited for violating this section for a violation that endangers the safety of others, the City officer issuing the citation may impound the electric bicycle, motorized bicycle, or any other electric or motorized conveyance to the Laguna Beach Police Department. The impounded ... conveyance shall be released to the minor's parent, guardian, or other responsible adult upon payment of the impound fee consistent with Laguna Beach Police Department impound fee schedule.

c) An electric bicycle, motorized bicycle, or any other electric or motorized conveyance impounded to the Laguna Beach Police Department under this Chapter shall be considered abandoned if not collected pursuant to this Section after a period in excess of 90 days. Abandoned electric bicycles, motorized bicycles, or any other
electric or motorized conveyances may be disposed of as restricted by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.

Section 10.16.050 - EXEMPTIONS:

a) Public Agency Personnel: Notwithstanding any other provision of this Chapter, or any other section of this code, City and public agency personnel may operate regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.

b) Mobility Devices. This Chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.).

SECTION 3. The City Council finds that this Ordinance is not subject to CEQA ("Public Resources Code section 21000 et seq.) because it does not qualify as a "project" under CEQA. The provisions are exempt from environmental review.

SECTION 4. If any portion of this Ordinance, or the application of any such provision to any person or circumstance, shall be held invalid, the remainder of this Ordinance ... shall not be affected thereby, and to this extent the provisions of this Ordinance are servicable.

SECTION 5. This Ordinance is intended to be of Citywide effect and application. All ordinances and provisions of the Laguna Beach Municipal Code and Sections thereof inconsistent shall be and the same are hereby repealed to the extent of such inconsistency and no further.

SECTION 6. The City Clerk of the City of Laguna Beach shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law in the City of Laguna Beach. This Ordinance shall become effective thirty (30) days after the date of its adoption by the City Council.

ADOPTED this 25 th day of March, 2025.

-LS

Friday, March 14, 2025

eBikes on SIDEWALKS ???

 

The California Vehicle Code classifies an e-Bike as a bicycle equipped with an electric motor less than 750 watts, ranging from top speeds anywhere from 20 mph to 28 mph. 

e-Bikes with larger motors are classified as electric motorcycles with performances equivalent or greater than a small motorcycle. 

  

By this definition all the vehicles in this chart would be classified as electric motorcycles not e-Bikes.  

 

 

Bicycles are not allowed on any sidewalk in Newport Beach, Laguna Beach or San Clemente (see the Municipal Codes below), it follows eBikes are treated the same way.

Sidewalks are for Pedestrians, no place to find eBikes in any city - they belong on a multi-modal street. 

-LS

Wednesday, March 12, 2025

New Laws on eBIKES in OC Municipalities

Is this Your Kid?
In a June 2024 article the Voice of O.C. shows us of 34 Cities in Orange County fully half of them don't have any eBike laws. An Orange County grand jury investigation found in a push for more eBike rules led to 34 sets of rules across Orange County's 34 cities. 

In February 2025 Buena Park City Council members voted unanimously to update their city regulations, restricting eBikes to 28mph and requiring adults to ride on the street.
But if you’re 18 years of age and younger, riding on the sidewalk is permitted - completely misplaced and dangerous for pedestrians.

Thus the OC Grand Jurors wrote in their report “There is an urgent need to have consistent ordinances for the regulation and enforcement of safe E-Bike use in all cities, school districts, parks, and unincorporated areas. ” And they wrote “There are significant differences in policy across cities.”  Orange County Supervisor Katrina Foley noting e-bike accidents have gone up 500% in recent years.

Here are what the Municipal Codes say for Laguna and neighbors Newport Beach and San Clemente. In all three cities eBikes may not be operated on sidewalks.


Municipal Codes: Laguna Beach

(a) 
It is unlawful for any person, except for authorized law enforcement personnel, to operate a bicycle upon any sidewalk, the Main Beach Boardwalk, or any area within any city park.
(b) 
It is unlawful for any person, except for authorized law enforcement personnel and for persons with disabilities, to operate any electric personal assistive mobility device (as defined by the California Vehicle Code and sometimes also known or referred to as Segways, T-3 Motions and/or motorized scooters) or any golf cart or low speed vehicle (as defined by the California Vehicle Code) on any sidewalk on Pacific Coast Highway, within the central business district, Main Beach Boardwalk, or any area within any city park.

 

Municipal Codes: San Clemente

 A.

.....It shall be unlawful for any person to ride or operate any electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such ride or operation complies with the following provisions:

1.

Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance in an unsafe manner. "Unsafe manner" shall mean operating in such a way as that violates any provision of state law or the City's municipal code or constitutes a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.

2.

Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance, as specified in California Vehicle Code Section 21212.

3.

Direction of Travel. The operator of a bicycle, electric bicycle, electric scooter, or electric skateboard shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane.

4.

Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless:

a.

Such passenger is seated upon a seat attached to the vehicle in a safe manner; and

b.

The operator is at least 16 years of age and possesses a valid driver's license, or is at least 18 years of age.

5.

Requirements During Hours of Darkness.

a.

During hours of darkness, electric bicycles shall only be operated by persons 16 years of age or older.

b.

During hours of darkness, electric bicycles shall only be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

6.

Prohibited Actions.

a.

It shall be unlawful to operate electric bicycles on highways, roadways, or sidewalks while performing stunts such as wheelies or endowheelies (stoppies).

b.

It shall be unlawful to operate electric bicycles while utilizing a hand-held mobile communication device, such as using a mobile phone to text.

7.

Use of Designated Lanes. E-bike operators must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, e-bike operators must yield the right-of-way to all pedestrians and bicycle-riders and maintain a cautious speed that does not endanger pedestrian safety.

8.

Requirements for Class 3 Electric Bicycles.

a.

A person must be 16 years of age or older to operate a Class 3 electric bicycle.

b.

All persons operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.

c.

Class 3 E-Bikes shall not be ridden on any sidewalks or any public off-road trails within the City of San Clemente.

9.

Compliance with Safety Standards. An electric bicycle shall meet the following criteria:

a.

Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).

b.

Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.

c.

A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the bicycle unless he or she appropriately replaces the label indicating the classification.

10.

Electric Motorcycles. Electric motorcycles shall not be operated within the limits of the City of San Clemente without the following:

a.

The operator shall have a valid motorcycle license as required by California Vehicle Code Section 12500(b); and

b.

The electric motorcycle shall have, and the operator shall carry proof of, valid registration and license plate as required by California Vehicle Code Section 4000(a)(1); and

c.

All operators and riders shall wear a helmet approved by the United States Department of Transportation (DOT) as required by California Vehicle Code Section 27803(b); and

d.

All operators shall have and maintain evidence of financial responsibility (Insurance) as required by California Vehicle Code Section 16028a.

(Ord. No. 1778, § 3, 9-3-2024; Ord. No. 1787, § 4, 1-14-2025)

Municipal Codes: Newport Beach 

12.56.030 Operating Bicycle on Sidewalk.

A.    Prohibition. No person shall operate or ride a bicycle upon any sidewalk in the City.

B.    Exceptions. The provisions of this section shall not apply to:

1.    Sidewalks on which bicycles are permitted pursuant to a resolution adopted by the City Council;

2.    Tricycles, wheelchairs, or wheeled devices operated by the disabled or the elderly;

3.    Rollerskates, rollerblades or skateboards or similar devices, except when operation is prohibited by the provisions of Chapter 12.57 of this Code;

4.    Tricycles which measure less than one of the following:

a.    Eighteen (18) inches from ground level to the neck joint,

b.    Twenty-four (24) inches in width measured from the outer rear wheels,

c.    Eighteen (18) inches in front tire diameter, or

d.    Twelve (12) inches in rear tire diameter.

5.    To a bicycle operated by any peace officer employed by the City of Newport Beach and acting within the course and scope of his or her employment. (Ord. 97-41 § 5 (part), 1997: Ord. 95-40 § 2, 1995; Ord. 91-12 § 1, 1991: Ord. 86-3 § 1, 1986: Ord. 85-18 § 2, 1985; Ord. 1806 § 1, 1979: Ord. 1608 § 1, 1975: Ord. 1452 § 1, 1972: Ord. 1435 § 1, 1972: Ord. 1256 § 1, 1968: Ord. 1224 § 1, 1967: Ord. 898, 1959: 1949 Code § 3295.1)

 

-LS

Friday, February 28, 2025

MOTORISTS: Remember SPRING = Cycling

 It's almost Spring 2025 and there are more bike riders on the road. When you see 

 

Bontrager Jacket Womens


  1. TAKE YOUR FOOT OFF THE GAS
  2. Keep your eyes on the road
  3. Watch for bike riders
  4. PASS SAFELY Allow 3-Feet space

Remember the California Vehicle Code Rules have changed  

  • AB-1371 says give 3-feet to pass bike riders
  • AB-2147 allows pedestrian mid-block crossings without a cross-walk

 -LS

Tuesday, February 25, 2025

A MESSAGE TO LAGUNA BEACH MOTORISTS

GOT-IT ?

Since September 16, 2014, drivers must give bikes at least 3 feet. VEHICLE CODE AB-1371, give bicyclists more safe space when passing.

-LS

Sunday, February 16, 2025

The Forest Ave Promenade IV

 

Courtesy Ailustrar.com
Illustration courtesy Ailustrar.com

The LB Independent Newspaper disapproval rating for the downtown Promenade Project is 90.3%. Here's what Laguna Beach City should have done in 2021 to prepare for a project of this magnitude. YAWN! 

OK, but without knowing where a project is going and WHY, you'll end-up somewhere else.   

After three redesigns LB Public Works still does not know WHY they build promenades.  "Having lost sight of our goals, we redoubled our efforts" -Mark Twain  Let's give them a hand-up here.

PROMENADE PROJECT REQUIREMENTS
Requirements answer what function the project performs, what are the objectives achieved and WHY;

- who are the project stakeholders
- what problems or issues does a Promenade solve
- who benefits, who looses
- what does it cost
- who pays for it.

Promenade Functional Requirements, the Project shall:

  1. increase foot traffic and reduce car traffic
  2. remain consistent with Vision 2030 Promenade
  3. MO4 Downtown Pedestrian Enhancement Mobility page-29
  4. AC2 Arts and Culture page-49
  5. remain consistent with Feb 9, 2021 RFP for a Design Consultant
  6. "promenade" "pedestrian zone" is not addressed in LB General Plan
  7. plan consistent with General Plan (update the LB GP)
  8. provide community space where once was parking space
  9. provide shared space for public gatherings
  10. design-in alternative to car transport with walking, biking, transit
  11. revitalize local retail business, make economic sense
  12. open to both LB Residents and Visitors
  13. remain accessible to LBFD and LBPD
  14. satisfy Cal Coastal Commission Replacement Parking Exemption
  15. financial: business receipts before and after Promenade interventions
  16. financial: reinvest business profits into local infrastructure
  17. financial: pool business profits into local business district
  18. identify funding sources; grants, taxes, parking fund, GoFundMe - metrics: measure traffic counts before and after interventions
  19. identify cost estimates, construction, maintenance, Enforcement, city services
  20. retail business compensation during construction



The Promenade Design Requirements, the Project shall:

  1. preserve look and feel downtown village, preserve trees
  2. enhance visitor experience by sharing community space
  3. develop a multi-modal access plan
  4. provide access to cyclists, provide bike parking throughout
  5. provide amenities to walkers with wash station
  6. provide amenities for walkers with pets
  7. take traffic counts for multi-modal use: walkers, cyclists, transit
  8. ensure Coastal Commission exemption is met
  9. reroute transit stops
  10. place benches for seniors at entrance and middle of Promenade
  11. provide audible  music
  12. provide a performance stage
  13. provide entertainment for children
  14. enhance public bathrooms, add bathrooms
  15. provide furniture for outdoor dining and public meeting (tables)
  16. address replacement parking in the project RFP (Feb 9, 2021)
  17. ensure Coastal Commission Replacement Parking Exemption is met
  18. develop connectivity between downtown, transit stops, Forest alley
  19. address flood control drainage
  20. provide permeable surfacing with storm drainage
  21. provide utility power and lighting for events
  22. allow a hybrid design for seasonal variation in traffic
  23. allow a hybrid design for emergency vehicle access

 

-LS

Tuesday, January 28, 2025

LB City Expenditures for Animal Limosines

From the 28 January 2025 Agenda Bill here a city purchase of three vehicles for animal carriers:

(1) Authorize the City Manager to purchase one 2025 VW Buzz electric van for the Animal Shelter, at a cost not to exceed $75,000 from the Animal Shelter Estate Donation Fund, which includes the van, electric charging equipment, installation, and necessary vehicle modifications;

(2) Authorize the City Manager to purchase two 2025 Ford F-150 Lightning electric trucks from Tuttle-Click Ford of Irvine for $102,000, and allocate $98,000 for custom-built animal containers with air conditioning, light bars, computers, radio communication equipment, and other necessary modifications, for a total cost of $200,000; and

(3) Appropriate $30,000 from the Capital Improvement fund for the purchase and installation of a charging station for the Animal Services Trucks, as well as required electrical work in the City Hall rear parking lot.

AUTHORIZATION TO PURCHASE THREE ELECTRIC VEHICLES FOR THE ANIMAL SHELTER AND ANIMAL SERVICES OFFICERS AND CHARGING STATION


 

That's a total of 305,000 of Electric Vehicles to chauffeur animals?

-LS

Saturday, December 21, 2024

Park Avenue Bike Lanes: Ascent

On 6 December the LB Department of Public Works completed bike-lanes on Park Avenue, from Wendt Terrace to Alta Laguna Blvd. The project was completed on request from the school district to manage eBikes and bicycles near Thurston Intermediate School. 

It is noteworthy of this project that 

  • the posted speed limits were not reduced
  • on-street parking retained even where nobody parks
  • the motorist lane width was greatly reduced
  • Sharrows were considered inappropriate
  • no traffic counts (measurements) were taken

 These are photos taken from a cyclists perspective ascending Park Avenue from Wendt Terrace to Alta Laguna Blvd.



































How could LB Public Works improve projects like this ?

  1. Reduce posted roadway speeds and differentials
  2. Employ traffic calming devices
  3. Prioritize roadway users to on-street parking
  4. Consult street users who actually ride bikes
  5. Take traffic counts: Peds, Bikes, Bus, Cars
  6. Consult cycling organizations: BikeLA, CABO
  7. Utilize Sharrows on descent, bike-lanes on ascent

-LS

Tuesday, December 17, 2024

Park Avenue Bike Lanes: Descent

On 6 December the LB Department of Public Works completed bike-lanes on Park Avenue, from Wendt Terrace to Alta Laguna Blvd. The project was completed on request from the school district to manage eBikes and bicycles near Thurston Intermediate School. 

It is noteworthy of this project that 

  • the posted speed limits were not reduced
  • on-street parking retained
  • the motorist lane width was greatly reduced
  • Sharrows were considered inappropriate
  • no traffic counts (measurements) were taken

No cyclist advocacy nor bicycle retailers nor cycling organizations were consulted for this project.

LB Public Works said:

"This project was initiated at the request of the School District and City Council, with the primary goal of improving safety for bicyclists. The Class II Bike Lane was designed by the City’s consultant Traffic Engineer, under the guidance of the City Engineer. Given the posted speed limits on Park Avenue, sharrows were not considered as they are not recommended for roads with higher speeds. Therefore, buffer zones were incorporated into the design to provide an additional layer of safety for cyclists (emphasis LS).

The project underwent extensive public review and was discussed in four public meetings, offering ample opportunities for public feedback; however, the individuals mentioned in your email were not directly consulted during the process. The Planning Commission conditionally approved the project at its February 7, 2024, meeting, and subsequently approved modified conditions at the August 21, 2024, meeting. "
 
Motorists and cyclists may decide for themselves whether the bike-safety objective was met. Join me on a gutter-bunny descent of Park Avenue from Alta Laguna to Santa's Beach Shack with a stop at Thurston  Intermediate School
:: 
































..
When the automobile remains king-of-the-road then killer traffic engineers hand us roadway designs like this one.  Next week the ascent of Park Avenue.
-
LS