Brea Municipal Code Ch. 10.46 Electric Mobility Devices

The purpose of this chapter is to protect the health, safety, and welfare of Brea residents, businesses, and visitors by regulating the operation of electric mobility devices. The city supports the usage of electric mobility devices as an alternative mode of transportation, but recognizes that increased usage has created safety concerns among operator interactions with other pedestrians and bicyclists, warranting a higher level of regulation.

(Ord. 1252, 12-3-2024)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Bicycle."

As defined in Cal. Veh. Code § 231 (which expressly includes e-bikes).

"Electric bicycle classifications and restrictions."

See Cal. Veh. Code § 312.5.

"Electric bicycle."

A bicycle equipped with fully operable pedals and an electric motor of less than seven hundred fifty (750) watts.

"Class one electric bicycle or low-speed pedal-assisted electric bicycle."

A bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour.

"Class two electric bicycle or low-speed throttle-assisted electric bicycle."

A bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.

"Class three electric bicycle or speed pedal-assisted electric bicycle."

A bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour and is equipped with a speedometer.

"Electric mobility device."

Includes the following, each as defined in the California Vehicle Code, as it may be amended from time to time:

"Electric bicycle."

As defined in Cal. Veh. Code § 312.5, and shall also be known and is sometimes referred to herein as "e-bike."

"Electric personal assistive mobility device."

As defined in Cal. Veh. Code § 313.

"Electrically motorized board."

As defined in Cal. Veh. Code § 313.5.

"Motorized scooter."

As defined in Cal. Veh. Code § 407.5.

"Pocket bike."

As defined in Cal. Veh. Code § 473(a).

"Operator."

A person who owns, operates, and/or controls an electric mobility device.

"Public area."

Any outdoor area that is open to the public, whether publicly or privately owned.

"Vehicle."

Has the same meaning as in Cal. Veh. Code § 670.

(Ord. 1252, 12-3-2024)

A. Operation of electric mobility devices where prohibited. No person shall operate or ride or operate an electric mobility device in public areas where this code, including § 12.00.150, or any other law prohibits such operation of such device. Nothing herein shall be deemed to prohibit operation of any e-bike upon any bicycle path or bicycle trail.

B. No operating or riding electric mobility devices on sidewalks and public facilities. No person shall operate or ride an electric mobility device: (i) upon any sidewalk; (ii) in any public drainage facility, culvert, ditch, or channel; (iii) outside of any roadway or other paved public area; (iv) in or upon any public athletic field, athletic/sports court, or gymnasium in the city; or (v) over any equestrian trail, or hiking or recreational trail.

C. Duty to operate electric mobility devices with due care and reduced speed.

1. The operator of an electric mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other actions relating to the operation of the device as necessary to protect the safety of the operator, passengers, and any persons or other vehicles or devices in the vicinity. In no case shall an operator operate an electric mobility device faster than twenty-seven (27) miles per hour in any public area.

2. No person shall ride a bicycle, e-bike, moped, motorized scooter, or any other electric mobility device, in an unsafe manner in any public area. "Unsafe manner" means and includes operating a device in any manner whatsoever that displays a willful or wanton disregard for the safety of other persons or property.

3. No person shall transport a passenger on an electric mobility device designed for a single person.

4. No person operating an electric mobility device shall cling or attach to any moving vehicle, or other moving motorized or non-motorized wheeled device.

5. Electric mobility device operators who are under the age of sixteen (16) shall not ride "double" or "tandem," or otherwise transport any other person, regardless of the device's capacity or ability to do so.

D. Electric mobility device operators shall allow the inspection of such device while in any public area, upon request by any police officer to determine if the rider is legally allowed to operate the device, and/or when an officer has a reasonable suspicion that the device has been unlawfully modified, or otherwise as authorized by law.

(Ord. 1252, 12-3-2024)

A. This chapter does not prohibit any officer, in their discretion, from issuing a citation whereby the violator promises to appear in court for any violation of this chapter or the California Vehicle Code. In the event an observed violation is not a violation of the California Vehicle Code, but is a violation of this chapter, an administrative citation may be issued pursuant to Chapter 1.04 of this code. The amount of administrative fines imposed for violations of this chapter are as follows:

1. First offense: one hundred twenty-five dollars ($125).

2. Second offense within twelve (12) months: two hundred fifty dollars ($250).

3. Third and subsequent offenses within twelve (12) months: five hundred dollars ($500).

B. In the event the operator of the electric mobility device is a juvenile, officers will make every effort to contact the parent(s) or responsible guardian(s) of the operator and advise them of the nature of the violation. This shall occur at the time of the stop or as soon as practical.

C. In lieu of a fine or administrative citation as authorized by this chapter, and in lieu of filing charges in any court having jurisdiction over a violation, the Police Chief or designee may allow a juvenile violator and parents of the juvenile violator to complete a Police Department diversion safety program, if available, at their expense, as assigned by the Police Department designee.

D. Each parent or legal guardian having custody and control of a minor who is issued an administrative citation for violation of this chapter shall be jointly and severally liable with such minor for payment of the administrative fine.

(Ord. 1252, 12-3-2024)

A. Public agency personnel. Notwithstanding any other provision of this chapter or any other section of this code, city personnel may operate electric mobility devices or other vehicles at any place in the city to perform their duties.

B. Disability. This chapter does not apply to or otherwise restrict persons with mobility disabilities utilizing a wheelchair or other power-driven mobility device in accordance with the Americans with Disabilities Act (42 U.S.C. §§ 12101, et seq.) and § 36.311 of Title 28 of the Code of Federal Regulations.

(Ord. 1252, 12-3-2024)