Elk Grove Municipal Code Ch. 10.71 Bicycles and Personal Transportation Devices

"Bicycle"

is defined by California Vehicle Code Section 231, and means a device upon which a person may ride, propelled exclusively by human power, except as defined by California Vehicle Code Section 312.5, through a belt, chain, or gears, and having one or more wheels. An electric bicycle is a bicycle.

"Class I bikeway,"

also referred to as bike paths or shared use paths, is defined by California Streets and Highways Code Section 890.4, and means a bikeway which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. A Class I bikeway permits a variety of users, in addition to bicyclists, including walkers, joggers, wheelchair users, and non-motorized scooter users.

"Class II bikeway,"

also referred to as bike lanes, is defined by California Streets and Highways Code Section 890.4, and means a bikeway which provides a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted.

"Class III bikeway,"

also referred to as bike routes, is defined by California Streets and Highways Code Section 890.4, and means a bikeway which provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists.

"Class IV bikeway,"

also referred to as cycle tracks or separated bikeways, is defined by California Streets and Highways Code Section 890.4, and means a bikeway which promotes active transportation and provides a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which is separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking.

"Highway"

means a way or place of whatever nature, publicly maintained and opened to the use of public for purposes of vehicular travel. Highway includes street, as defined by California Vehicle Code Section 360.

"Parkway"

means that portion of a street other than a roadway or sidewalk.

"Pedestrian"

means any person afoot.

"Personal transportation device" or "PTD"

means any of the following:

An electric bicycle as defined by California Vehicle Code Section 312.5, including Class 1, Class 2, and Class 3 electric bicycles; or

A motorized scooter as defined by California Vehicle Code Section 407.5; or

An electrically motorized board as defined in California Vehicle Code Section 313.5.

"Roadway"

means the portion of a highway improved, designed, or ordinarily used for vehicle travel, as defined by California Vehicle Code Section 530.

"Sidewalk"

means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings, or other delineation for pedestrian travel, as defined by California Vehicle Code Section 555.

(Ord. 7-2026, eff. 9/25/2026)

Reference is made by this section to California Vehicle Code Division 11 relating to laws applicable to bicycle use and equipment, including helmets, and by such reference any and all statutes relating to the operation of bicycles are incorporated into this chapter. Every person operating a bicycle or a PTD on a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle, by the laws of this state or by the ordinances of this City except those provisions of laws and ordinances which by their nature can have no application, and except as otherwise provided in this chapter.

(Ord. 7-2026, eff. 9/25/2026)

A. No person shall ride or operate a PTD upon a sidewalk unless a sign is posted by the City stating that riding a PTD on the sidewalk is allowed. The Public Works Director shall designate sidewalks where such signs are posted.

B. Any electric-powered transportation device with a motor capable of more than 750W shall not be operated on a sidewalk.

C. Where operating on a sidewalk is allowed, the following shall apply:

1. Bicyclists and PTD users must yield the right-of-way to pedestrians by slowing down, stopping, or dismounting, as necessary to not interfere with the safety of the pedestrian; and

2. Before passing a pedestrian traveling in the same direction, bicyclists and PTD users must give the pedestrian an audible warning in a manner that does not unduly startle or alarm the pedestrian.

(Ord. 7-2026, eff. 9/25/2026)

A. A bicycle or PTD may be operated on any Class I, II, III, or IV bikeway unless the City of Elk Grove and/or the governing body of the public agency having jurisdiction over bikeway prohibits such operation by posting a sign.

B. Any gasoline-powered transportation device shall not be operated on any Class I, Class II, or Class IV bikeway.

C. Any electric-powered transportation device with a motor capable of more than 750W shall not be operated on any Class I bikeway.

D. A bicycle or PTD shall not be operated at a speed of more than 15 miles per hour on any Class I bikeway.

(Ord. 7-2026, eff. 9/25/2026)

A. No person operating a bicycle or PTD upon a public highway or street shall participate in any unauthorized race, speed, or endurance contest; provided, however, that the City may authorize bicycle or PTD racing and trick riding events with a permit.

B. A person who drives, operates, or rides a bicycle or PTD upon public property with disregard for the safety of others or property is in violation of this chapter.

(Ord. 7-2026, eff. 9/25/2026)

A. No person riding a bicycle or PTD shall carry another person on a bicycle or PTD unless such person is seated upon an individual seat or carrier with footrests separate from those intended to be used by the operator.

B. No person shall ride upon a bicycle or PTD as a passenger unless they are seated upon an individual seat or carrier with footrests separate from those intended to be used by the operator.

(Ord. 7-2026, eff. 9/25/2026)

The operator of a bicycle or PTD on approaching any public right-of-way when the view is obstructed shall stop such bicycle or PTD immediately prior to entering upon such public right-of-way and only proceed when safe to do so.

(Ord. 7-2026, eff. 9/25/2026)

It shall be a violation of this chapter to violate any local, state, or federal bicycle or PTD-related law, including, but not limited to, this chapter, California Vehicle Code Section 21200 regarding duties of bicycle riders, California Vehicle Code Sections 21202 and 21208 relating to bicycle operation within a roadway, California Vehicle Code Section 21200.5 relating to bicycling under the influence, California Vehicle Code Section 21207.5 related to certain prohibitions regarding the operation of motorized or electric bicycles, California Vehicle Code Section 21650.1 related to bicycles operated on a roadway or shoulder of the highway.

(Ord. 7-2026, eff. 9/25/2026)

A. It is unlawful for any person to remove, alter, or mutilate the serial number of any bicycle frame or PTD.

B. A person shall not tamper with or modify a bicycle or PTD so as to change the speed capability of the device, or otherwise alter, modify, or adjust the motor settings to increase the speed of the device, unless they first appropriately replace the label indicating the appropriate classification.

(Ord. 7-2026, eff. 9/25/2026)

The impoundment fees required to be paid pursuant to the provisions of this chapter shall be those fees established by resolution adopted by the City Council.

(Ord. 7-2026, eff. 9/25/2026)

A. The City may impound and retain possession of any bicycle or PTD which was operated in violation of this chapter. If a bicycle or PTD is impounded, the City shall issue notice of impoundment and a property receipt to the person in possession, or the owner if known, of the bicycle or PTD. The property receipt shall include the date the bicycle or PTD was impounded, the contact information for the Elk Grove Police Department's Traffic Division, the name and contact information for the person in possession of the bicycle or PTD, and, if the person in possession is not the owner, the owner's name and contact information shall be included if known, and the description of the bicycle or PTD.

B. A bicycle or PTD may be impounded and retained for up to 30 days. The owner or person who was in possession of the bicycle or PTD at the time it was impounded may request a meeting with the Elk Grove Police Department's Traffic Division to determine if the bicycle or PTD will be released prior to the end of the impound period and/or if there was justification for the impound. This request for a meeting must be submitted in writing or electronically to the Elk Grove Police Department Traffic Division within five days of the date of impoundment. The meeting shall be held within 10 days of the date of the request, unless continued upon mutual agreement or a showing of good cause. The Elk Grove Police Department shall provide notice of the meeting date, time, and location. After conducting the meeting, the Elk Grove Police Department shall notify the owner or person in possession of the bicycle of PTD at the time of impoundment, who requested the meeting, of the decision within five days of the meeting.

C. The City may dispose of an impounded bicycle or PTD if the owner does not claim it and pay any required fees after 60 calendar days from the date the owner is notified that it is available to be retrieved.

(Ord. 7-2026, eff. 9/25/2026)

A. Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set forth in this chapter and in Chapters 1.04 and 1.08.

B. Any administrative citation issued pursuant to this chapter shall be prima facie evidence that the violation occurred.

C. In addition to any other remedies set forth herein, any person violating the provisions of this chapter shall be guilty of an infraction for the first violation, and shall be guilty of a misdemeanor for any subsequent violation in a five year period.

D. The remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, available to the City under the law.

(Ord. 7-2026, eff. 9/25/2026)

The City Manager shall be authorized to administer the provisions of this chapter including, without limitation, developing all documentation and forms, and taking all actions reasonably necessary and consistent with this chapter to administer the provisions of this chapter.

(Ord. 7-2026, eff. 9/25/2026)

Nothing in this chapter shall preclude police officers and other emergency personnel, City employees, and other authorized personnel from operating a bicycle or PTD while acting within the scope of their duties.

(Ord. 7-2026, eff. 9/25/2026)