San Rafael Municipal Code Ch. 5.35 Operation of Electric Mobility Devices

The provisions of this chapter are intended to enact the program authorized by Vehicle Code § 21214.5, et seq., on all public roadways, highways, and other areas where class 2 electric bicycles are allowed under federal, state, and local law.

(Ord. No. 2051, div. 2, 9-2-2025)

For purposes of this chapter, "class 2 electric bicycle" shall have the same meaning as defined in the California Vehicle Code Sections 312.5(a)(2).

(Ord. No. 2051, div. 2, 9-2-2025)

A. No person under sixteen (16) years of age shall operate a class 2 electric bicycle.

B. No person shall operate a class 2 electric bicycle without wearing a bicycle helmet that complies with California Vehicle Code section 21213(b).

(Ord. No. 2051, div. 2, 9-2-2025)

A. Within sixty (60) days of the effective date of this chapter, any violation of this chapter shall be punishable by warning notices.

B. Beginning on the sixty-first day after the effective date of this chapter, a violation shall be punishable as follows:

1. A violation of the prohibition set forth in section 5.25.030A. shall be an infraction, punishable by a fine of twenty-five dollars ($25.00). 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 one hundred twenty (120) days after the citation was issued that the person has completed an electric bicycle safety and training course pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.

2. A violation of the prohibition set forth in section 5.25.030B. shall be an infraction punishable by a fine of twenty-five dollars ($25.00). 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 one hundred twenty (120) days after the citation was issued that the person has a helmet meeting the requirements specified in Vehicle Code section 21212(a) and the person has completed a safety course established pursuant to 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 this chapter shall be transmitted to any Superior Court of the State of California.

D. If this chapter is violated by a person who is an unemancipated minor, the parent or legal guardian having control or custody of the minor shall be jointly and severally liable with the minor for the amount of any fine imposed pursuant to this subdivision.

(Ord. No. 2051, div. 2, 9-2-2025)

This chapter shall be effective so long as authorized by California Vehicle Code Section 21214.5, et seq.

(Ord. No. 2051, div. 2, 9-2-2025)