Fairfax Municipal Code Ch. 10.30 Operation of Electric Mobility (micromobility) Devices

(A) The purpose of this chapter is to regulate electric mobility (micromobility) devices within the town limits of Fairfax.

(B) The town supports the usage of electric bicycles, motorized scooters, and other electric mobility (micromobility) devices as an alternative mode of transportation and recognizes the increased usage has created safety concerns among operator interactions with other motorists and pedestrians, warranting a higher level of regulation.

(C) The town desires to participate in the Marin Electric Bicycle Safety Pilot Program, as authorized by California Vehicle Code § 21214.5.

(Ord. 898, passed 6-4-2025)

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

BICYCLE. The same meaning as in California Vehicle Code § 231.

ELECTRIC MOBILITY (MICROMOBILITY) DEVICE. Includes the following:

(1) ELECTRIC BICYCLE. The same meaning as in California Vehicle Code § 312.5.

(a) CLASS 1 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 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour, or as otherwise defined in California Vehicle Code § 312.5.

(b) CLASS 2 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 20 miles per hour, or as otherwise defined in California Vehicle Code § 312.5.

(c) CLASS 3 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 28 miles per hour and is equipped with a speedometer, or as otherwise defined in California Vehicle Code § 312.5.

(2) ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. The same meaning as in California Vehicle Code § 313.

(3) ELECTRICALLY MOTORIZED BOARDS. The same meaning as in California Vehicle Code § 313.5.

(4) LOW SPEED VEHICLE. The same meaning as in California Vehicle Code § 385.5.5.

(5) Motorized scooter has the same meaning as in California Vehicle Code § 407.5.

OPERATOR. A person who owns, operates, and/or controls an “electric mobility (micromobility) device.”

PUBLIC AREA. Any outdoor area that is open to the members of the public for public use.

VEHICLE. The same meaning as in California Vehicle Code § 670, as it may be amended from time to time.

(Ord. 898, passed 6-4-2025)

(A) Prohibition of electric mobility (micromobility) devices where posted. No person shall operate or ride on an electric mobility (micromobility) device in public areas where bicycles are prohibited.

(B) Electric bicycle class and age restrictions. Riders must be 16 years or older to ride a Class 2 electric bicycle or Class 3 electric bicycle.

(C) Helmet requirements.

(1) All riders under the age of 18 must wear a properly fitted and fastened bicycle helmet that complies with California Vehicle Code § 21212(a).

(2) All riders of any Class 2 or Class 3 electric bicycle must wear a properly fitted and fastened bicycle helmet that complies with California Vehicle Code § 21212(a).

(D) Electric mobility (micromobility) devices on sidewalks and public facilities. No person shall operate or ride an electric mobility (micromobility) device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic field, athletic/sports court, or gymnasium in the town, except for 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.

(E) Duty to operate electric mobility (micromobility) devices with due care and reduced speed.

(1) An operator of an electric mobility (micromobility) 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 safeguard the safety of the operator, passengers, and any persons or other vehicles or devices in the immediate area.

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

(3) It is recommended that those under the age of 16 and in primary control of any electric mobility (micromobility) device do not ride “double” or “tandem,” regardless of the device's capacity or ability to do so.

(4) Operators must obey all applicable California Vehicle Code requirements.

(5) Operators shall allow the inspection of electric mobility (micromobility) devices upon lawful contact with police officers to determine if the rider is legally allowed to operate said electric mobility (micromobility) device.

(Ord. 898, passed 6-4-2025)

Businesses within the town that sell, rent, or service electric mobility (micromobility) devices shall provide safety information and information educating users on the legal use of such devices within the State of California and the town. This information shall be provided at the time of sale, time of rental, or upon request of an individual.

(Ord. 898, passed 6-4-2025)

(A) Public agency personnel. Notwithstanding any other provision of this chapter or any other section of this code, town, and public agency personnel may operate electric mobility (micromobility) devices or other vehicles at any place in the town 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. 898, passed 6-4-2025)

(A) California Vehicle Code § 21214.5 authorizes local governments in Marin County to adopt ordinances prohibiting persons under 16 years of age from operating Class 2 electric bicycles and requiring all persons operating Class 2 electric bicycles to wear a bicycle helmet that complies, provided the local government administers a public information campaign regarding the ordinance at least 30 days before enactment. The town wishes to participate in the Marin Electric Bicycle Safety Program in order to promote the safe and efficient use of sidewalks, bicycle paths, pathways, trails, bicycle lanes, and other pedestrian and bicycle facilities in the town.

(B) Enforcement. A violation of the age and helmet requirements related to Class 2 electric bicycles described in this chapter and adopted pursuant to the Marin Electric Bicycle Safety Program shall be deemed an infraction and may be punished as follows:

(1) For the first 60 days after adoption of this chapter, a violation shall be punishable by a warning notice.

(2) After the first 60 days following adoption of this chapter, a violation shall be punishable by a fine not exceeding $25. A fee shall not be imposed upon a citation of this infraction if the parent or legal guardian of the minor person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training course pursuant to California Streets and Highways Code § 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.

(3) After the first 60 days following adoption of this chapter, a violation shall be punishable by a fine not exceeding $25. A fee shall not be imposed upon a citation of this infraction if the person who violated the requirement, or, if that person is an un- emancipated minor, their parent or guardian, delivers proof to the issuing agency within 120 days after the citation was issued that the person has a helmet meeting the requirements specified in California Vehicle Code § 21212(a) and the person has completed a safety course established pursuant to California Streets and Highways Code § 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.

(4) No record of any violation of the regulations specified in this chapter shall be transmitted to any Superior Court of the State of California.

(C) Expiration. This section shall remain in effect until January 1, 2029, and as of that date is repealed.

(Ord. 898, passed 6-4-2025)