Tiburon Municipal Code Art. VI Operation of Electric Mobility Devices

(a) The purpose of this Article is to regulate electric mobility devices within Tiburon Town limits.

(b) The town 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.

(Ord. No. 607 N.S. , § 2, 3-6-2024)

The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"Bicycle" has the same meaning as in California Vehicle Code Section 231.

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

(a) "Electric bicycle" has the same meaning as in California Vehicle Code Section 312.5.

(1) "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 twenty miles per hour.

(2) "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 twenty miles per hour.

(3) "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 twenty-eight miles per hour and is equipped with a speedometer.

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

(c) "Electrically motorized boards" has the same meaning as in California Vehicle Code Section 313.5.

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

(e) "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 town or a private party.

"Vehicle" has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.

(Ord. No. 607 N.S. , § 2, 3-6-2024)

(a) No person shall operate or ride on an electric mobility device in public areas where bicycles are prohibited, as set forth in Sections 23-23, 23-24, and 23-25 of this Code.

(b) Riders on Class 3 electric bicycle's must be sixteen years or older and must wear a properly fitted and fastened bicycle helmet when riding on a public roadway or bikeway.

(Ord. No. 607 N.S. , § 2, 3-6-2024)

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 Town, 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.

(Ord. No. 607 N.S. , § 2, 3-6-2024)

(a) 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.

(b) 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.

(c) It is recommended that those under the age of sixteen and in primary control of any electric mobility device should not ride "double" or "tandem," regardless of the device's capacity or ability to do so.

(d) Operators must obey all applicable California Vehicle Code requirements.

(e) 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. No. 607 N.S. , § 2, 3-6-2024)

Businesses within the town that sell, rent, or service electric mobility devices shall provide safety information and the legal use of such devices within the State of California and the town. This information shall be provided at the time of sale, time of rental, or upon request of an individual.

(Ord. No. 607 N.S. , § 2, 3-6-2024)

(a) Within sixty days of the effective date this Chapter comes into effect, any violation of this ordinance shall be punishable by warning notice.

(b) Beginning on the sixty-first day after the date this Chapter comes into effect, and thereafter until this Chapter expires, the following violation shall be punishable as follows:

(1) A violation of the prohibition set forth in 23.66(b), shall be an infraction, punishable by a fine of twenty-five dollars. 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 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 23.66(c), shall be an infraction punishable by a fine of twenty-five dollars. 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 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. 607 N.S. , § 2, 3-6-2024; Ord. No. 610 N.S. , § 3, 5-21-2025)

(a) Notwithstanding any other provisions of this Chapter or any other section of this Code, town and public agency personnel may operate electric mobility devices or other vehicles at any place in the town to perform their duties.

(b) This Chapter does not apply to or otherwise restrict person with mobility disabilities utilizing a wheelchair or other power-driven mobility device in accordance with the American 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. No. 607 N.S. , § 2, 3-6-2024)