Burlingame Municipal Code Ch. 13.56 Electric Micromobility Devices

The purpose and intent of this chapter is to regulate electric micromobility devices within the City of Burlingame. The city supports the use of electric micromobility devices as an alternative mode of transportation. At the same time, the city recognizes the need to balance the use and operation of electric micromobility devices against safety concerns of other users of public spaces.

(Ord. No. 2031, 10/7/2024)

"Electric micromobility device"

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

(1)

"Bicycle" has the same meaning as California Vehicle Code Section 231.

(2)

"Code" means the Burlingame Municipal Code.

(3)

"Electric bicycle" or "E-Bike" has the same meaning as in California Vehicle Code Section 312.5, and includes all classes of electric bicycle defined in that section.

(4)

"Electric personal assistive motorized device" or "EPAMD" has the same meaning as California Vehicle Code Section 313.

(5)

"Electrically motorized board" or "electrically motorized skateboard" or "E-Skateboard" has the same meaning as California Vehicle Code Section 313.5.

(6)

"Motorized scooter" has the same meaning as California Vehicle Code Section 407.5.

(7)

"Operator" means a person who owns, operates and/or controls an electric micromobility device.

(8)

"Park" or "recreation area" mean any city-owned or city-operated parks, pools, recreation centers, playgrounds, fields, or open spaces. For purposes of this chapter only, all city-owned portions of the San Francisco Bay Trail, as defined by the Metropolitan Transportation Commission (MTC), are not a considered a "park" or "recreation area."

(9)

"Vehicle" has the same meaning as California Vehicle Code Section 670.

(Ord. No. 2031, 10/7/2024)

(a) Prohibition of Electric Micromobility Devices in Designated Areas.

(1) No person shall operate or ride an electric micromobility device in public areas where bicycles are prohibited in this code.

(2) No person shall operate or ride an electric mobility device in any park or recreation area.

(b) Duty to Operate Electric Micromobility Devices with Due Care.

(1) The operator shall exercise all due care while operating said device and shall reduce the speed of the device, obey all traffic control regulations, and take all other actions relating to the operation of the device as necessary to safeguard the safety of the operator, passengers, and any other persons or other vehicles or devices in the immediate area.

(2) It shall be unlawful to transport a passenger on an electric micromobility device designed for a single person, or to cling to or attach one's self to an electric micromobility devices with an operator or rider on board, to any moving vehicle or motorized or non-motorized wheeled device.

(3) Operators shall obey all applicable California Vehicle Code and Burlingame Municipal Code provisions.

(4) Operators shall allow the inspection of electric micromobility devices upon lawful contact with a peace officer to determine if the rider is legally allowed to operate said device.

(c) Violations.

(1) In addition to any other penalty authorized by law, violations of this chapter are subject to citations and penalties as described in Chapter 1.12 of this code. Furthermore, any violation of this chapter shall be deemed a public nuisance and may be abated as such by the city, and each such day of violation shall constitute a new and separate offense.

(d) Exemptions.

(1) Public Agency Personnel. Notwithstanding any other provision of this chapter, city and public agency personnel may operate electric micromobility devices at any place in the city in the performance of their duties.

(2) Disability. This chapter does not apply to or otherwise restrict persons with physical disabilities from utilizing electric micromobility devices in accordance with the Americans with Disabilities Act (42 USC Section 12101 et seq.) and Section 36.311 of Title 28 of the Code of Federal Regulations.

(Ord. No. 2031, 10/7/2024)