Rancho Santa Margarita Municipal Code Ch. 12.08 Regulated Mobility Devices

The City Council finds that the unsafe operation of regulated mobility devices on all public property and private property open to the public for pedestrian travel poses a significant risk to the safety and welfare of persons, pedestrians, motorists, and children throughout the City. The purpose of this Chapter is to implement reasonable regulations on the operation and use of these types of mobility devices pursuant to the City's police power to protect the public health, safety, and welfare, to better promote the safe use and operation of regulated mobility devices, to prevent vehicular and pedestrian conflicts and other traffic hazards, to prevent hazards to public safety, and to enhance pedestrian and motorist safety.

(Ord. No. 24-03, § 2, 9-11-2024)

In addition to the definitions set forth in Section 12.01.010 or elsewhere in this Code, for purposes of this Chapter, the words and phrases defined herein shall be construed in accordance with the following definitions:

Electric bicycle has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.

Electric personal assistive mobility device has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time.

Electrically motorized board has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.

Enforcement Officer means any peace officer, person designated as a Code Enforcement Officer pursuant to Section 1.03.040 of this Code, or any City employee designated by the City Manager or employee of the Orange County Sheriff Department authorized to administer or process violations related to this Chapter.

Low-speed vehicle has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.

Motorized scooter has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.

Operate means to ride, operate, and/or otherwise control a regulated mobility device other than walking such device.

Park means a public park owned, operated, and/or maintained by the City including, without limitation, the City's skate park, splash pad, and dog park.

Regulated mobility device means an electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar mobility device.

Shared mobility device has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.

Sidewalk means the portion of the public right-of-way between the curb line of any street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel and the adjacent property line, or any other paved path or walkway, which is intended for pedestrian travel, whether publicly or privately owned and/or maintained.

(Ord. No. 24-03, § 2, 9-11-2024)

(a) It shall be unlawful and a violation of this Chapter for any person to operate a regulated mobility device in an unsafe manner on any street, road, highway, sidewalk, bike path, bike lane, trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a regulated mobility device in an unsafe manner includes any one or more of the following:

(1) Violating any provision of the Rancho Santa Margarita Municipal Code, California Vehicle Code, or other law or regulation applicable to the use or operation of a regulated mobility device.

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

(3) Operating upon any public drainage facility, culvert, ditch, or channel.

(4) Operating in a manner other than the manner in which the regulated mobility device was designed, including carrying more than one passenger or carrying passengers on the regulated mobility device in a manner other than as designed.

(5) Operating on any street, road, highway, bicycle path, bicycle lane, trail or sidewalk with more than two regulated mobility devices side-by-side.

(6) Operating at a speed greater than 25 miles per hour on any street, road, highway, bicycle path, bicycle lane, or other area generally open to public access, or at any speed greater than is reasonable or prudent under the conditions then existing.

(7) Operating at a speed greater than five miles per hour on a sidewalk.

(8) Operating while hitched to or physically attached to any moving vehicle or motorized device.

(9) Operating while allowing another person who is not a passenger to either cling to or to be physically attached to the regulated mobility device.

(10) Operating while lifting one or more wheels into the air.

(11) Operating 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.

(12) Operating while failing to obey any posted signs regulating operation including signs prohibiting operation in specific areas.

(13) A person under the age of 18 operating without a properly fitted and fastened helmet, including a passenger under the age of 18.

(14) A person aged 18 or older operating a Class 3 regulated mobility device without a properly fitted and fastened helmet, which helmet is required pursuant to California Vehicle Code Section 21213(b).

(15) Operating upon any City park.

(16) Operating upon any unpaved trail.

(17) Operating at a speed greater than ten miles per hour on any paved trail.

(18) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the device, unless the required label indicating the classification is appropriately replaced.

(Ord. No. 24-03, § 2, 9-11-2024)

(a) City Council may designate prohibitions. The City Council may by resolution designate and declare any street, road, highway, sidewalk, trail, or other area generally open to public access, or portions thereof, to be locations where the operation of regulated mobility devices are prohibited.

(b) City Engineer to post prohibitions. The City Engineer is authorized to cause signs and/or markings to be placed giving notice of such prohibitions as necessary to implement the regulations established by Subsection (a) above.

(Ord. No. 24-03, § 2, 9-11-2024)

(a) Any person who violates the provisions of this Chapter shall be guilty of an infraction.

(b) In the discretion of the Enforcement Officer, any person violating the provisions of this Chapter may, in lieu of an infraction penalty, be issued an administrative citation in accordance with Chapter 1.05 of this Code in the following amounts:

(1) A fine of $100.00 for a first violation.

(2) A fine of $200.00 for a second violation of this Chapter within one year from the date of the first violation.

(3) A fine of $500.00 for each additional violation of this Chapter within one year from the date of the first violation.

(c) Upon issuance of an administrative citation, an Enforcement Officer, in their sole discretion, may allow a person who violates any provision(s) of this Chapter to complete an approved safety diversion program within 120 days, at the violator's expense, as assigned by the Enforcement Officer. Upon successful completion of an approved safety diversion program, the administrative citation issued pursuant to this Chapter will be dismissed. Where the violator issued an administrative citation is under the age of 18, a parent or legal guardian must accompany the violator to and attend the approved safety diversion program. The City may establish a safety diversion program fee reflecting the City's personnel, administrative, and programmatic costs, which shall be established by resolution of the City Council. The City Manager is authorized to develop additional regulations regarding the safety diversion program authorized by this section not in conflict with this Chapter.

(d) This Chapter shall not preclude or prohibit an Enforcement Officer from issuing a misdemeanor or infraction citation to a court of competent jurisdiction for any violation of the California Vehicle Code or other offense committed while operating a regulated mobility device.

(e) If a person under the age of 18 is found in violation of any provisions of this Chapter, and no parent or legal guardian is present, and the unsafe manner in which the regulated mobility device was operated constitutes an immediate danger to the health and safety of the juvenile operator and/or to members of the public, the Enforcement Officer may take immediate possession of the regulated mobility device and transport the device for safekeeping to the nearest City facility; thereafter, the regulated mobility device shall be released by the City to the legal owner of the device and/or to the parent or legal guardian of the person under the age of 18.

(f) If a person under the age of 18 is found in violation of any provision of this Chapter, and no parent or legal guardian is present, the Enforcement Officer may also contact the parent or legal guardian of the person under the age of 18 to notify them of the violation.

(Ord. No. 24-03, § 2, 9-11-2024)