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