San Marcos Municipal Code Ch. 12.25 Bicycle and Electric Bicycle Regulations

It is the purpose of this Chapter to establish regulations on the use of bicycles and electric bicycles on any public highway, street, way, right-of-way, Public Place, or alley.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Bicycle has the same meaning as in the California Vehicle Code Section 231, as may be amended from time to time. The term Bicycle as used herein shall include Electric Bicycles as defined below.

(b)

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

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Every operator or passenger riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator or passenger of a vehicle as established by the laws of this state declaring the rules of the road applicable to vehicles and as established by this Chapter, except those provisions which by their nature can have no application.

(b)

Any person operating a bicycle shall obey the instructions of official traffic control signals, signs, and other control devices applicable to vehicles.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

It is unlawful for any person to ride a bicycle upon any sidewalk in a business district as defined by the Vehicle Code or on any street with a designated bicycle path or way, except that persons may operate bicycles upon sidewalks within exclusively residential areas.

(b)

No person shall ride upon any sidewalk that has been posted with signs prohibiting such riding.

(c)

Any person operating a bicycle upon a sidewalk shall yield the right-of-way to any pedestrian.

(d)

No person shall leave or park a bicycle on a sidewalk in such a way that there is not an adequate path for pedestrian traffic. The City Council may, by ordinance or resolution, prohibit bicycle parking in designated areas of the public highway, provided that appropriate signs are erected.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Any person operating or riding a bicycle shall exercise reasonable care and observe all applicable laws.

(b)

A bicycle shall be operated and ridden correctly, safely, and in the manner in which it was designed. It shall be unlawful for the operator or rider of a bicycle to operate or ride the bicycle in a fashion for which it was not designed or to otherwise operate or ride a bicycle unsafely.

(c)

When a bicycle helmet is required to be worn by the California Vehicle Code, it shall be unlawful for the operator or rider of a bicycle to wear the helmet in any way other than the fashion for which it was designed, including the use of straps and strap closure mechanisms.

(d)

It shall be unlawful for the operator of any bicycle to carry another person, and for any passenger to ride, upon the handlebars or in any other manner not designed for passenger riding.

(e)

It shall be unlawful for the operator of any bicycle to carry goods or cargo in any manner for which the bicycle is not designed when riding the bicycle.

(f)

It shall be unlawful for any person operating or riding a bicycle to cling to or attach themselves or the bicycle to any other moving vehicle.

(g)

A person shall not operate a bicycle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and the telephone is used in that manner while riding. This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

Editor's note— At the editor's discretion, § 12.25.040 has been renumbered as § 12.25.045 to avoid duplication of section numbers.

(a)

Persons under 12 years of age are prohibited from operating Class 1 and Class 2 electric bicycles, as defined in California Vehicle Code section 312.5, anywhere within the City. This prohibition shall extend to all areas of the City, including those governed by Section 9.04.070.

(b)

Enforcement of this section shall be pursuant to California Vehicle Code section 21214.7, as follows:

a.

A violation of this section shall be an infraction punishable by a fine of $25.00;

b.

If a citation is issued, a record of the action shall not be transmitted to the court and a fee shall not be imposed if the parent or legal guardian of the person who violated this delivers proof to the City within 120 days after the citation was issued that the person has completed an electric bicycle safety and training program pursuant to Section 894 of the California Streets and Highways Code; and

c.

If an unemancipated minor violates this section, a parent or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of the fine imposed.

(Ord. No. 2025-1567, § 2(Exh. 1), 11-10-2025)

In lieu of the imposition of the penalties authorized by this Chapter and/or the filing of charges in a court of competent jurisdiction, the issuing agency may in its sole discretion allow a first-time violator of this Chapter to complete an agency-approved bicycle safety program, if and when such a program is available.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)