Chapter 10.30 — OPERATION OF ELECTRIC MOBILITY DEVICES

A. The purpose of this chapter is to regulate electric mobility devices within the City limits of Mill Valley.

B. The City supports the usage of electric bicycles, motorized scooters, and other electric mobility 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 City desires to participate in the Marin Electric Bicycle Safety Pilot Program, as authorized by California Vehicle Code Section 21214.5. To the extent the provisions of this chapter intended to implement California Vehicle Code Section 21214.5, conflict with any other sections of this chapter, the provisions implementing the Marin Electric Bicycle Safety Pilot Program, or the language of state law, shall control. (Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

"Bicycle" has the same meaning as in California Vehicle Code Section231.

"Electric mobility device" includes the following, each as defined in the California Vehicle
Code, as it may be amended from time to time:

1. "Electric bicycle" has the same meaning as in California Vehicle Code Section 312.5.

a. "Class 1 electric bicycle," or "low-speed pedal-assisted electric bicycle," is 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 Section 312.5.

b. "Class 2 electric bicycle," or "low-speed throttle-assisted electric bicycle," is 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 Section312.5.

c. "Class 3 electric bicycle," or "speed pedal-assisted electric bicycle," is 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 Section 312.5.

2. "Electric personal assistive mobility device" has the same meaning as in California Vehicle
Code Section 313.

3. "Electrically motorized boards" has the same meaning as in California Vehicle Code

4. "Low speed vehicle" has the same meaning as in California Vehicle Code Section 385.5.

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

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

   "Public area" means any outdoor area that is open to the members of the public for public use,
   whether owned or operated by the City or a private party.

   "Vehicle" has the same meaning as in California Vehicle Code Section670, as it may be amended
   from time to time.
   (Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

A. Prohibition of Electric Mobility Devices Where Posted. No person shall operate or ride on an electric mobility device in public areas where bicycles are prohibited, as set forth in Sections 8.36.038, 8.37.040, 10.04.140, and 10.20.035 of this Code.

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 Section 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 Section 21212(a).

D. No Operating or Riding Electric Mobility Devices on Sidewalks and Public Facilities. No
person shall operate or ride an electric mobility 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 City, 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. Section 12101 et seq.) and Section 36.311 of Title 28 of the
Code of Federal Regulations.

E. Duty to Operate Electric Mobility Devices with Due Care and Reduced Speed.

1. The operator of an electric mobility devices 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 device designed
for a single person, or cling to or attach oneself to an electric mobility 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 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 devices upon lawful contact with police officers to determine if the rider is legally allowed to operate said electric mobility device. (Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

Businesses within the City of Mill Valley that sell, rent, or service electric mobility devices shall provide safety information and information educating users on the legal use of such devices within the State of California and the City of Mill Valley. This information shall be provided at the time of sale, time of rental, or upon request of an individual. (Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

A. In lieu of a fine or administrative citation as authorized by this Code, and in lieu of filing charges in any court having jurisdiction over a violation, the Police Chief or designee may allow a violator and parents of the violator of this chapter to complete a Police Department diversion safety program, at their expense, as assigned by the Police Department designee.

B. This chapter does not prohibit any officer from issuing a citation to the courts for any
offense based on his or her discretion. In the event an observed violation is not already
codified in the California Vehicle Code and falls under the scope of this chapter, an
administrative citation may be issued pursuant to Section 8.02.010 of this Code. The
amount of any fines levied for violations of this chapter shall comply with Section 8.03.030
of this Code.

C. In the event the operator of the electric mobility device is a juvenile, officers will make
every effort to contact the parent(s) or responsible guardian(s) of the said operator and
advise them of the nature of the violation. This shall occur at the time of the stop or as soon
as practical.
(Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

A. Public Agency Personnel. Notwithstanding any other provision of this chapter or any other section of this Code, City and public agency personnel may operate electric mobility devices or other vehicles at any place in the City 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. Section 12101 et seq.) and Section 36.311
of Title 28 of the Code of Federal Regulations.
(Ord. 1341 § 1, April 3, 2023; Ord. 1359, 6/2/2025)

A. California Vehicle Code Section 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 City 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 City.

B. Enforcement. A violation of the age or 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 section, a violation of Section 10.30.030(B)
or Section 10.30.030(C)(2) shall be punishable by a warning notice.

2. After the first 60 days following adoption of this section, a violation of Section
10.30.030(B) 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 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 Section 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 section, a violation of Section
10.30.030(C)(2) 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 unemancipated 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 Section
21212(a) and the person has completed a safety course established pursuant to
California Streets and Highways Code Section 894, or an electrical bicycle safety
course offered by any local jurisdiction, if one is available.

C. No record of any violation of the regulations specified in Section 10.30.070 of this chapter
shall be transmitted to any Superior Court of the state of California.

D. Expiration. This section shall remain in effect until January 1, 2029, and as of that date is
repealed.
(Ord. 1359, 6/2/2025)