Irvine Municipal Code Ch. 2 Operational Regulations

Every person riding a bicycle, electric bicycle, or motorized scooter upon a street and/or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State pertaining to the rules of the road, or by the terms of this Code or other ordinances of this City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application to bicycles, electric bicycles, or motorized scooters, and except as otherwise provided in this division. Nothing in this division overrides any State regulations pertaining to the operation of bicycles, electric bicycles, motorized scooters, or other motor vehicles.

Pursuant to California Vehicle Code § 21113, the provisions of the California Vehicle Code relating to traffic upon the highways shall apply to all driveways, paths, parking facilities, and grounds (including but not limited to parks) under the control of the City of Irvine where public traffic (as defined in this code) is permitted. Violations of the California Vehicle Code will be enforced and prosecuted according to its provisions.

Nothing in this code prohibits a peace officer, as permitted in the course of his or her official duties, from operating any motor vehicle, bicycle, electric bicycle, equestrian animal, or other official conveyance on any property under the control of the City of Irvine.

(Ord. No. 26-05, § 2, 2-10-26)

It shall be unlawful for any person operating a bicycle, electric bicycle, or motorized scooter, to fail to obey the instructions of official traffic-control signs and other traffic-control devices applicable to vehicles or bicycles, unless otherwise directed by a police officer.

(Ord. No. 26-05, § 2, 2-10-26)

No person operating a bicycle or electric bicycle shall allow more persons at one time than the number for which the bicycle is specifically designed and equipped. An operator shall not allow a person to ride as a passenger, and a person shall not ride as a passenger, on any bicycle or electric bicycle upon any City of Irvine street, sidewalk, or other property other than upon or astride a separate seat attached thereto.

If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle.

(Ord. No. 26-05, § 2, 2-10-26)

A. Any person operating a bicycle or electric bicycle upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:

1. When overtaking and passing another bicycle, electric bicycle or vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or onto a private road or driveway.

3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, electric bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge, subject to "width lane"—i.e., a lane that is too narrow for a bicycle, or electric bicycle, and a vehicle to travel safely side-by-side within the lane.

B. Any person operating a bicycle or electric bicycle upon a roadway of a highway, which highway carries traffic in one direction only and has two or more marked traffic lanes, may ride as near the left-hand curb or edge of such roadway as practicable.

C. Persons riding bicycles or electric bicycles upon a roadway or bicycle lane shall not ride more than two abreast.

(Ord. No. 26-05, § 2, 2-10-26)

A. No person shall operate a bicycle, electric bicycle, or motorized scooter, at a speed greater than is reasonable and prudent under the existing conditions, and in no event at a speed which endangers the safety of persons or property.

B. No electric bicycle operator shall travel over 28 miles per hour on a public highway. No bicycle or electric bicycle operator shall travel over 10 miles per hour on a sidewalk. No bicycle or electric bicycle shall travel at a speed greater than five miles per hour on any sidewalk in a school zone or sidewalk adjacent to any school when children are present.

C. No person shall operate a bicycle or electric bicycle on a bicycle path or bicycle trail at a speed greater than 20 miles per hour, and in no event at a speed greater than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of persons or property.

D. No motorized scooter shall be operated on a bicycle path or trail at a speed greater than 15 miles per hour.

(Ord. No. 26-05, § 2, 2-10-26)

A. It shall be unlawful and a violation of this division for any person to operate a bicycle, electric bicycle, scooter, motorized scooter, motorized bicycle, skateboard, electrically motorized board, pocket bike, unregulated conveyance, or any other electric or motorized vehicle in an unsafe manner on any street, road, highway, sidewalk, bicycle path, bicycle lane, public trail, park, or upon any private property which is held open to the public for pedestrian or bicycle travel. Unsafe operation of any of the above devices includes but is not limited to the following:

1. Violating any provision of the Irvine Municipal Code, California Vehicle Code, or any other law or regulation applicable to the use or operation of the above devices.

2. Operating any of the above devices on any street, road, highway, or bicycle lane against the direction of traffic.

3. Operating any of the above devices upon any public drainage facility, culvert, ditch, or channel.

4. Operating any of the above devices while hitched to or physically attached to any moving vehicle or motorized device.

5. Operating any of the above devices while allowing another person who is not a passenger to either cling to or be physically attached to the device.

6. Operating any of the above devices with a passenger on a seat that is not separate or attached, or with a passenger not wearing a properly fitted and fastened helmet as required by the California Vehicle Code or this code.

7. Operating any of the above devices while lifting one or more wheels in the air.

8. Operating any of the above devices while failing to yield the right-of-way to any and all pedestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk.

9. Operating any of the above devices while failing to obey any posted sign regulating operation including signs prohibiting operation in specific areas.

10. Operating any of the above devices while under the age of 18 years old without a properly fitted and fastened helmet.

11. Operating a Class 3 electric bicycle [see CVC 312.5(a)] or electronically motorized board without a helmet regardless of age.

12. Operating any of the above devices in any manner determined to be otherwise unsafe for existing conditions.

(Ord. No. 26-05, § 2, 2-10-26)

The operator of a bicycle or electric bicycle emerging from an alley, driveway, bicycle path, building or otherwise approaching upon a sidewalk or sidewalk area shall yield the right-of-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a bicycle lane or roadway (including a marked or unmarked crosswalk), shall yield the right-of-way to all vehicles or bicycles on the roadway.

(Ord. No. 26-05, § 2, 2-10-26)

A. Whenever a bicycle lane has been established, any person operating a bicycle or electric bicycle upon the roadway at a speed of less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:

1. When overtaking and passing another bicycle, electric bicycle, vehicle, or pedestrian within the bicycle lane or about to enter the bicycle lane if such overtaking and passing cannot be done safely within such lane.

2. When preparing for a left turn at an intersection or into a private road or driveway.

3. When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

4. When approaching a place where a right turn is authorized.

B. No person operating a bicycle or electric bicycle within a bicycle lane shall leave such lane until movement can be made with reasonable safety, and then only after giving the appropriate signal in the manner provided in California Vehicle Code Division 11, Chapter 6 (Vehicle Code § 22100 et seq.) in the event that any vehicle may be affected by the movement.

(Ord. No. 26-05, § 2, 2-10-26)

A. No person shall leave a bicycle, electric bicycle, motorized scooter, or other vehicle lying on its side on any sidewalk, nor shall park a bicycle, electric bicycle, motorized scooter, or other vehicle upon the public right-of-way or the bicycle rack to support the bicycle, electric bicycle, motorized scooter, or other vehicle or against a building or at a curb, except in such a manner as to afford the least obstruction to pedestrian traffic.

B. No person may leave a bicycle, electric bicycle, motorized scooter, or other vehicle parked or lying on its side on any private property that is open to the public in such a manner as to obstruct pedestrian or vehicular traffic.

C. Where appropriate signs are erected, no person shall park a bicycle, electric bicycle, motorized scooter, or other vehicle on a public highway in the area designated by such signs.

(Ord. No. 26-05, § 2, 2-10-26)

A. Riding of bicycles and electric bicycles on any sidewalk, bicycle path, bicycle trail, or roadway is permitted unless prohibited by appropriate signs authorized pursuant to the terms of this division.

B. Whenever any person is riding a bicycle or electric bicycle upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing pedestrians.

C. No person shall ride or operate a bicycle or electric bicycle upon any playground, park or school ground not designated as a bicycle path or route, where children are playing, without first having secured the permission of the persons having supervision of the playground, park or school ground.

D. Motorized scooters may be operated on bicycle paths or trails unless prohibited by appropriate signs. Any person operating a motorized scooter on a bicycle path or trail shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing pedestrians.

E. The operator of a bicycle, electric bicycle, motorized scooter, or electrically motorized board shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane. This section also applies to any sidewalk less than eight feet in width, unless there is no accompanying sidewalk on the opposite side of the street, or wherever posted signs prohibit such behavior. Nothing in this section allows any device to be operated on a sidewalk, unless explicitly authorized by State law to be operated on a sidewalk.

F. Persons riding bicycles, electric bicycles, scooters, skateboards, roller blades/skates, shall propel said vehicles upon the appropriate and designated bike trails, pathways, and roadways within parks. No person shall ride or propel such devices upon any tennis court, shuffleboard facility, soccer field, baseball/softball field, or any other sport-related facility or open field. No person may operate said devices in any manner that endangers any person (including self) or property.

G. Unless specifically authorized, no person shall drive or propel any motor vehicle, motorcycle, off-highway motorcycle, off-highway electric motorcycle, dune buggy, motorized scooter, or any other motor-powered vehicle within any park, except upon the roads, driveways, pathways, and/or parking lots, provided and designated by the Community Services Department for such use. Persons shall not ride or drive any horse or other animal within park areas unless authorized to do so by the Director of Community Services or as otherwise provided by this chapter.

(Ord. No. 26-05, § 2, 2-10-26)

A person under the age of 18 must wear a properly fitted and fastened bicycle helmet when riding a bicycle or e-bike on a public roadway, bikeway, bicycle path, bicycle trail, or sidewalk. All bicycle and e-bike passengers under the age of 18 must also wear a properly fitted and fastened bicycle helmet. All people operating or riding as a passenger upon a Class 3 electric bicycle [see CVC 312.5(a)] shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.

(Ord. No. 26-05, § 2, 2-10-26)

Every bicycle or electric bicycle, when operated within the City, shall comply with all of the equipment requirements contained in California Vehicle Code § 21201, and this division.

(Ord. No. 26-05, § 2, 2-10-26)

The Director of Public Safety/Chief of Police or his or her duly authorized representative shall have the right to store or impound any bicycle or electric bicycle in violation of this chapter, and may retain possession of such bicycle or electric bicycle until the provisions of this chapter are complied with. The storage or impound of a bicycle or electric bicycle, shall be at the discretion of the City official ordering the seizure of the bicycle or electric bicycle.

Bicycles retained by the Police Department in excess of three months shall be disposed of in compliance withCivil Code §§ 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.

(Ord. No. 26-05, § 2, 2-10-26)