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

No comments:

Post a Comment