Irvine Municipal Code Ch. 1 In General

This division shall apply to the use, licensing, registration and control of bicycles in conformity with State law, and shall apply to any bicycle operated upon any street or sidewalk, or upon any public path set aside for the use of bicycles. The provisions contained herein are enacted pursuant to Vehicle Code Division 16.7 (Vehicle Code § 39000 et seq.), and any rules and regulations adopted thereunder, pertaining to the licensing of bicycles, and California Vehicle Code § 21206 pertaining to the regulation of the operation, use and equipment of bicycles, and are not intended to conflict in any way with the provisions thereof.

This division shall also apply to the use of electric bicycles ("e-bikes"), other micro-mobility devices (either human or engine-powered) and motor vehicles operated upon any City streets, sidewalks, public paths set aside for the use of bicycles, and other property under the jurisdiction of the City of Irvine.

(Ord. No. 26-05, § 2, 2-10-26)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bicycle: Bicycle has the same meaning as in California Vehicle Code § 231, as it may be amended by State Legislature. "Bike" shall mean the same as "bicycle," and the terms may be used interchangeably.

Bicycle dealer: Any person who sells, gives away, buys or takes in trade for the purpose of resale more than five bicycles or e-bikes in any one calendar year, whether or not such bicycles or e-bikes are owned by such person or entity. The term also includes agents or employees of such person or entity.

Bicycle lane: Bicycle lanes have the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by State Legislature.

Bicycle path: A bicycle path has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by State Legislature. A bicycle path may also be referred to as a bicycle trail.

Bicycle route: A bicycle route has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by State Legislature.

Electric bicycle: An "electric bicycle" has the same meaning as in California Vehicle Code § 312.5(a), as it may be amended by State Legislature. E-bike shall mean the same as "electric bicycle," and the terms may be used interchangeably.

Class 1 electric bicycle has the same meaning as in California Vehicle Code § 312.5(a)(1), as it may be amended by State Legislature.

Class 2 electric bicycle has the same meaning as in California Vehicle Code § 312.5(a)(2), as it may be amended by State Legislature.

Class 3 electric bicycle has the same meaning as in California Vehicle Code § 312.5(a)(3), as it may be amended by State Legislature.

A "highway" has the same meaning as in California Vehicle Code § 360, as it may be amended by State Legislature.

Motorcycle: A motorcycle has the same meaning as in California Vehicle Code § 400 (including all subsections), as it may be amended by State Legislature.

Motorized bicycle: A "motorized bicycle" or "moped" has the same meaning as in California Vehicle Code § 406(a), as it may be amended by State Legislature.

A driver's license with an M-1 or M-2 endorsement, vehicle insurance, and a Department of Transportation (DOT) compliant helmet is required when operating a motorized bicycle. Motorized bicycles shall be operated in accordance with all applicable provisions of the California Vehicle Code and are not permitted on any bicycle path, trail, playground, park, school ground, or open space area (as defined by Irvine Municipal Code § 3-4-128) in the City.

Motorized scooter: A "motorized scooter" has the same meaning as in California Vehicle Code § 407.5 (including all subsections), as it may be amended by State Legislature. Electric scooters qualify as "motorized scooters."

Motor vehicle: A "motor vehicle" has the same meaning as in California Vehicle Code § 415 (including all subsections), as it may be amended by State Legislature.

Off-highway motorcycle: An "off-highway" motorcycle has the same meaning as in California Vehicle Code § 436, as it may be amended by State Legislature.

Off-highway electric motorcycle: An "off-highway" electric motorcycle, commonly referred to as an eMoto has the same meaning as in California Vehicle Code § 436.1 as it may be amended by State Legislature.

Pocket bike: A "pocket bike" has the same meaning as in California Vehicle Code § 473 (including all subsections), as it may be amended by State Legislature.

Traffic: The term "traffic" has the same meaning as in California Vehicle Code § 620, as it may be amended by State Legislature.

Unregulated conveyance: An unregulated conveyance means any mobility device that does not meet the standards of devices defined in the California Vehicle Code.

Any vehicles not specifically defined in this code shall share their meaning contained within the California Vehicle Code, as these meanings may be amended by State Legislature.

(Ord. No. 26-05, § 2, 2-10-26)

A. Responsibility of parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this division.

1. Any parent or guardian who knowingly authorizes or permits any minor child to violate any of the provisions of this division may be issued a citation for a violation of this section. The minor child committing the violation does not need to be issued a citation for the parent to be held in violation of this section.

B. Penalty for violations. Violations of this division shall be classified as infractions unless City officials or peace officers, upon investigation, determine that the circumstances warrant charging them as misdemeanors. Citations for violations of this division may: (1) be issued as an administrative citation subject to appearance at a traffic safety course (for juvenile offenders only); (2) be subject to civil fines; or (3) be forwarded to the court of record. The civil fines and penalties applicable to any violation of this division shall be as follows: 1 st violation = $100; 2 nd violation = $200; 3 rd (or more) violation = $500.

In addition to any other penalty that may be assessed pursuant to this Code, the Director of Public Safety/Chief of Police, or any officers of the Police Department whose duty it is to enforce the provisions of this division, may store or impound and retain possession of any bicycle, electric bicycle, motorized scooter, pocket bike, motorcycle, off-highway motorcycle, off-highway electric motorcycle, or other motor vehicle operated in violation of any of the provisions of this division and retain possession thereof until the provisions of this division have been complied with.

Any vehicle found in violation of this division is subject to storage and/or impound by the Police Department using the City's on-duty contracted towing service. Whether a vehicle is stored or impounded will be at the discretion of the City Official ordering the tow, and the fees for the tow shall be determined based on the contract between the contracted tow company and the City of Irvine.

Bicycles impounded and retained by the Police Department hereunder shall be considered abandoned after a period in excess of three months and shall be disposed of under the provisions of Penal Code §§ 1407—1411 and further restricted by Civil Code §§ 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.

C. An electric bike shall meet the following criteria:

1. 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.).

2. 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.

3. 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.

(Ord. No. 26-05, § 2, 2-10-26)