San Clemente Municipal Code Ch. 10.62 Regulations of Electric Bicycles and Other Electric Transportation Devices

For the purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:

A. "Bicycle" shall have the same meaning as set forth in California Vehicle Code Section 231, as amended from time to time.

B. "Electric Bicycle" or "E-Bike" shall have the same meaning as set forth in California Vehicle Code Section 312.5, as amended from time to time, and shall be categorized as follows:

1. Class 1 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

2. Class 2 Electric Bicycle: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

3. Class 3 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Such electric bicycles shall be equipped with a speedometer.

C. "Electric Personal Assistive Mobility Device" shall have the same meaning as set forth in California Vehicle Code Section 313, as amended from time to time.

D. "Electrically Motorized Boards" shall have the same meaning as set forth in California Vehicle Code Section 313.5, as amended from time to time.

E. "Electric Motorcycle" shall mean any electric-powered two- or three-wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals. Such vehicles shall not be considered an electric bicycle and shall be treated as a motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

F. "Highway" shall mean any publicly maintained way or place open to the use of the public for purposes of vehicular travel, including streets.

G. "Hours of Darkness" shall mean all times of the week that occur between 30 minutes past sunset to 30 minutes before sunrise.

H. "Low-Speed Vehicle" shall have the same meaning as set forth in California Vehicle Code Section 385.5, as amended from time to time.

I. "Motorized Scooter" shall have the same meaning as set forth in California Vehicle Code Section 407.5, as amended from time to time.

J. "Operator" shall mean any person who owns, operates, or controls a regulated mobility device.

K. "Public Area" shall mean any outdoor area open to the public for public use, whether owned or operated by the City or a private party.

L. "Regulated Mobility Device" shall include bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles.

M. "Rider" shall mean a traveler riding on a regulated mobility device who is not operating it.

N. "Seat" shall mean a device manufactured, designed, and factory- installed/appropriately-installed on a vehicle for the purpose of providing points of contact that support an operator or rider in a sitting position on the vehicle including foot support. When transporting passengers, this term shall mean a device, or devices, manufactured, designed, and factory-installed/appropriately-installed on a vehicle, for the purpose of providing points of contact that support each rider in a sitting position, including foot pegs, separate from the operator's seat such that each person operating or riding on the vehicle are seated on a device to allow for their individual occupancy with individual foot support.

O. "Shared Mobility Device" shall have the same meaning as set forth in California Civil Code Section 2505, as amended from time to time.

P. "Wheelie" shall mean an acrobatic stunt where the front tire or wheel is lifted off the ground due to extreme torque being applied to the rear wheel while in motion.

Q. "Endo-Wheelie" or "Stoppie" shall mean a trick performed on a motorcycle or bicycle where the back wheel is lifted by abruptly applying the front brake, then reducing the brake pressure to ride for a short distance on the front wheel.

(Ord. No. 1778, § 3, 9-3-2024; Ord. No. 1787, § 3, 1-14-2025)

A. .....It shall be unlawful for any person to ride or operate any electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such ride or operation complies with the following provisions:

1. Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance in an unsafe manner. "Unsafe manner" shall mean operating in such a way as that violates any provision of state law or the City's municipal code or constitutes a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.

2. Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance, as specified in California Vehicle Code Section 21212.

3. Direction of Travel. The operator of a bicycle, electric bicycle, electric scooter, or electric skateboard 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.

4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless:

a. Such passenger is seated upon a seat attached to the vehicle in a safe manner; and

b. The operator is at least 16 years of age and possesses a valid driver's license, or is at least 18 years of age.

5. Requirements During Hours of Darkness.

a. During hours of darkness, electric bicycles shall only be operated by persons 16 years of age or older.

b. During hours of darkness, electric bicycles shall only be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

6. Prohibited Actions.

a. It shall be unlawful to operate electric bicycles on highways, roadways, or sidewalks while performing stunts such as wheelies or endowheelies (stoppies).

b. It shall be unlawful to operate electric bicycles while utilizing a hand-held mobile communication device, such as using a mobile phone to text.

7. Use of Designated Lanes. E-bike operators must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, e-bike operators must yield the right-of-way to all pedestrians and bicycle-riders and maintain a cautious speed that does not endanger pedestrian safety.

8. Requirements for Class 3 Electric Bicycles.

a. A person must be 16 years of age or older to operate a Class 3 electric bicycle.

b. All persons operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.

c. Class 3 E-Bikes shall not be ridden on any sidewalks or any public off-road trails within the City of San Clemente.

9. Compliance with Safety Standards. An electric bicycle shall meet the following criteria:

a. 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.).

b. 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.

c. 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.

10. Electric Motorcycles. Electric motorcycles shall not be operated within the limits of the City of San Clemente without the following:

a. The operator shall have a valid motorcycle license as required by California Vehicle Code Section 12500(b); and

b. The electric motorcycle shall have, and the operator shall carry proof of, valid registration and license plate as required by California Vehicle Code Section 4000(a)(1); and

c. All operators and riders shall wear a helmet approved by the United States Department of Transportation (DOT) as required by California Vehicle Code Section 27803(b); and

d. All operators shall have and maintain evidence of financial responsibility (Insurance) as required by California Vehicle Code Section 16028a.

(Ord. No. 1778, § 3, 9-3-2024; Ord. No. 1787, § 4, 1-14-2025)

The operation and use of electric bicycles, motorized scooters, electrically motorized boards, and other similar motorized recreational devices on the beach and beach trail shall be governed by Section 12.32.130 of the San Clemente Municipal Code.

(Ord. No. 1778, § 3, 9-3-2024)

A. Responsibility of Parent. .....Each parent or legal guardian having custody and control of a minor who violates this Chapter shall be jointly and severally liable with such minor for such violation.

B. Regulations Provided upon Retail Sale or Rental of an Electric Bicycle. .....Every store or business selling or renting E-bikes shall supply a copy of this Chapter (SCMC Chapter 10.62) to every person(s) purchasing or renting an E-Bike, and shall maintain proof of providing such copy for minimum of three years. Records of proof shall be provided to the City immediately upon request by the Chief of San Clemente Police Services during normal business hours of the store or business.

C. Violations and Penalties.

1. Violation of any provision of this Chapter shall be subject to enforcement as specified in Chapter 1.16 of the San Clemente Municipal Code.

2. Any person found in violation of any provision of this Chapter, or the California Vehicle Code while operating an E-Bike, may, in lieu of payment of a fine or other penalty, be required to complete a City-approved training and education class on the safe operation of electric bicycles. Payment for the costs for such class shall be the responsibility of the offender. Proof of completion must be provided to the City's Police Services Division within 90 days of the violation notice if such class is required. The violation shall not be deemed adjudicated until the offender provides such notice timely.

3. Every person violating any provisions of this chapter shall be deemed guilty of a misdemeanor unless specifically provided otherwise in this chapter. In no case shall the fine for violation of this chapter exceed an amount specified by the City.

(Ord. No. 1778, § 3, 9-3-2024)

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 regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.

B. Disability. .....This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.).

(Ord. No. 1778, § 3, 9-3-2024)