Winters Municipal Code § 10.44.010 Purpose and intent

This chapter shall apply to the use of e-conveyances (as this term is defined in § 10.44.030), in conformity with state law, and shall apply to any e-conveyance operated upon any public right-of-way within the city's jurisdiction. The provisions contained herein are enacted pursuant to the California Cal. Veh. Code, and any rules and regulations adopted thereunder pertaining to the licensing, and regulation of the operation, use and equipment of e-conveyances. This chapter is not intended to conflict in any way with the provisions thereof. This chapter is not intended to regulate the use of electrically motorized mobility devices used by persons with disabilities as an aid to mobility such as, but not limited to, electric wheelchairs and mobility scooters.

(Ord. 2026-07, 8/4/2026)

The prohibitions within this chapter shall not apply to law enforcement officers, fire department officers, and city personnel in the performance of their official duties.

(Ord. 2026-07, 8/4/2026)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Bicycle"

means the same as defined in Cal. Veh. Code § 231, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a bicycle includes any device upon which a person may ride which is propelled by exclusively human power through a system of belts, chains or gears, and having one or more wheels.

"Bicycle lane"

means the portion of the roadway which has been separated from any vehicular lanes by a solid white line or other pavement marking or defined for bicycle riders by appropriate signage.

"Bicycle path"

means a path or trail, paved or unpaved, that provides a completely separated right-of-way from vehicular traffic and is designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized.

"E-conveyance"

includes any electric bicycle, electrically motorized scooter, electrically motorized board, motorized bicycle, or off-highway electric motorcycle which is powered at least in part by electrical energy, or any other device propelled by an electric motor and designed to transport one or more people.

"Electric bicycle"

means the same as defined in Cal. Veh. Code § 312.5, as may be amended or superseded, and which, as of the date of the adoption of the ordinance codified in this section, provides that an "electric bicycle," or "e-bike," is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, and is categorized by the following:

"Class 1" — means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, that is not capable of exclusively propelling the bicycle, and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour, and that is not capable of providing assistance to reach speeds greater than 20 miles per hour.

"Class 2" — means an electric 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 a speed of 20 miles per hour.

"Class 3" — means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour and is equipped with a speedometer.

"Electrically motorized board"

means the same as defined in Cal. Veh. Code § 313.5, as may be amended or superseded, and which, as of the date of the adoption of the ordinance codified in this section, provides that a "electric motorized board" is any wheeled device that has a floorboard designed to be stood upon when riding that is not greater than 60 inches deep and 18 inches wide, is designed to transport only one person, and has an electric propulsion system averaging less than 1,000 watts, the maximum speed of which, when powered solely by a propulsion system on a paved level surface, is no more than 20 miles per hour. The device may be designed to also be powered by human propulsion.

"Electrically motorized scooter"

means the same as defined in Cal. Veh. Code § 407.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized scooter" is any two- or three-wheeled device that has handlebars, a floorboard that is designed to be stood on while riding and is powered by an electric motor or a source other than electrical power. This device may also have a driver seat that does not interfere with the ability of the rider to stand and ride, and may also be designed to be powered by human propulsion. For purposes of this chapter, a motorcycle, as defined in Section 400 of the Cal. Veh. Code, a motor-driven cycle, as defined in Section 405 of the Cal. Veh. Code, or a motorized bicycle or moped, as defined in Section 406 of the Cal. Veh. Code, is not an electrically motorized scooter.

"Motorized bicycle"

means the same as defined in Cal. Veh. Code § 406, as may be amended or superseded, and which, as of the date of the adoption of the ordinance codified in this section, provides that a "motorized bicycle" is any two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or no pedals if powered solely by electrical energy, an automatic transmission, and a motor which produces less than four gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground.

"Off-highway electrical motorcycle"

means the same as defined in Cal. Veh. Code § 436.1, as may be amended or superseded, and which, as of the date of the adoption of the ordinance codified in this section, provides that an "off-highway electric motorcycle," commonly referred to as an eMoto, is designed by the manufacturer for operation primarily off the highway, powered by an electric motor for which a motor number is not required, has handlebars for steering control, has a straddle seat provided by the manufacturer, has two wheels, and is not equipped with pedals from the manufacturer.

"Public right-of-way"

means any place of any nature which is dedicated, or otherwise intended, for use by the general public for pedestrian and/or vehicular travel, and includes, but is not limited to, a street, sidewalk, walkway, curb, crossing, intersection, parkway, bicycle path, highway, boulevard, road, roadway, tunnel, bridge, parking lot, thoroughfare, alley, lane, pedestrian overpass, trail, or any other similar public way.

"Roadway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel, including, but not limited to, highways, streets, roads, alleys, laneways, parking lots, bridges, tunnels, and vehicular rights-of-way of any kind. For purposes of this chapter, a roadway does not include sidewalks, curbs, driveways, medians, pedestrian overpasses, or bicycle paths.

(Ord. 2026-07, 8/4/2026)

A. Every person riding an e-conveyance upon a roadway shall be granted all of the rights, and shall be subject to all of the duties, applicable to them under the laws of the state, under the terms of this code, or under any other applicable rule of the road.

B. It shall be unlawful and a violation of this chapter for any person to operate an e-conveyance in an unsafe manner on any public right-of-way, including any roadway, bicycle path, bicycle lane, park, sidewalk, or upon any private property which is held open to the public for pedestrian, bicycle or vehicle travel. Operating an e-conveyance in an unsafe manner includes, but is not limited to, any one or more of the following:

1. Violating any provision of the Winters Municipal Code, the Cal. Veh. Code, or other existing law.

2. Intentionally swerving or riding around stopped or slowed traffic at excessive speed and/or in a manner that unreasonably obstructs the sightlines or visibility of other roadway users.

3. Operating an e-conveyance in a manner it was not designed for, including carrying passengers when not intended for carrying passengers and carrying more passengers than the number for which the e-conveyance is designed and equipped.

4. Not obeying posted signs or signals.

5. Intentionally lifting one or more wheels of an e-conveyance into the air while riding on a public right-of-way.

6. Attempting to perform any acrobatic trick or stunt in any public right-of-way.

7. Operating an e-conveyance any manner that endangers the operator, passengers, other motorists, other riders, pedestrians in the area, animals, or property.

8. Operating on any public right-of-way against the direction of traffic.

9. Operating upon any public drainage facility, culvert, ditch, or channel.

10. Operating at a speed greater than as provided in the Cal. Veh. Code or, if no such speed limit is provided in the Cal. Veh. Code, 20 miles per hour on any public right-of-way, including all roadways, bike paths, and sidewalks, or at any speed greater than is reasonable or prudent under the conditions then existing, taking into account the safety of persons, animals, and property.

11. Operating while hitched to or physically attached to any moving vehicle or motorized device.

12. Operating while failing to yield the right-of-way to any and all pedestrians, bicycle riders, or equestrian riders, or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway.

13. Operating upon any unpaved hiking, equestrian, or walking trail, other than designated bicycle paths, unless permitted by city signage, the Winters Municipal Code, or by any other provision of law.

14. Operating an e-conveyance while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while riding.

15. Operating an e-conveyance while under the influence of alcohol, drugs, or a combination of alcohol and drugs in violation of the Cal. Veh. Code. A violation of this subsection shall be punishable as a misdemeanor.

16. Operating an e-conveyance while wearing headphones, earbuds or any other device which obstructs and/or covers any portion of the ear canal.

17. Operating or being a passenger upon an e-conveyance without a properly fitted and fastened bicycle helmet if required by this chapter or the Cal. Veh. Code to wear one.

(Ord. 2026-07, 8/4/2026)

It shall be unlawful for any person operating an e-conveyance to fail to obey the instructions of official traffic-control signs and other traffic-control devices applicable to vehicles, and/or bicycles or e-conveyances, unless otherwise directed by a police officer.

(Ord. 2026-07, 8/4/2026)

A. Any person under the age of 18 years old must wear a properly fitted and fastened bicycle helmet when riding any e-conveyance, other than an off-highway electric motorcycle, on a public right-of-way within the city.

B. All people, regardless of age, operating or riding as a passenger upon a Class 3 electric bicycle, including all persons in a restraining seat or trailer towed by a Class 3 electric bicycle, and all people operating an electronically motorized board, must wear a properly fitted and fastened bicycle helmet.

C. A properly fitted and fastened bicycle helmet means a helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities.

D. All people, regardless of age, operating or riding as a passenger upon an off-highway electrical motorcycle shall wear a safety helmet meeting the requirements established for motorcycles and motorized bicycles pursuant to Cal. Veh. Code § 27802.

E. Notwithstanding any other section of this chapter, a violation of this section shall be punishable as an infraction in accordance with Cal. Veh. Code § 21212, as applicable. Any person found guilty of an infraction under this section shall be punished by a fine of not more than $25.00.

(Ord. 2026-07, 8/4/2026)

No person under the age of 16 years old shall operate a Class 3 electric bicycle.

(Ord. 2026-07, 8/4/2026)

A. No person shall operate an e-conveyance on a public right-of-way after sunset without a front facing white light that is visible from a distance of 300 feet in front of the e-conveyance and from the sides.

B. All e-conveyances operated on a public-right of way at any time shall have solid or flashing red lights with a built-in reflector or a red reflector on the rear of the e-conveyance that shall be visible from a distance of 500 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle.

C. Every e-conveyance, when operated within the city, shall comply with all of the equipment requirements contained in Cal. Veh. Code § 21201, as applicable, or elsewhere contained in the Cal. Veh. Code, as well as this chapter.

(Ord. 2026-07, 8/4/2026)

A. Riding any e-conveyance on any bicycle path or roadway is permitted in accordance with the Cal. Veh. Code, unless prohibited by this chapter or prohibited by appropriate city signage authorized by the terms of this chapter or any other provision of law.

B. Notwithstanding subsection A, of this section, off-highway electrical motorcycles are prohibited from being operated on any bicycle lane, path or trail within the city unless the bicycle lane, path or trail is expressly designated for such use by the City Council, Director of Public Works, or authorized City official.

C. Any person operating an e-conveyance upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as close as practicable to the right-hand curb, edge of the roadway, or bicycle lane, except under any of the following situations:

1. When overtaking and passing another bicycle, e-conveyance or vehicle proceeding in the same direction.

2. When preparing for a left turn at an intersection or onto a private road or driveway.

3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or a lane that is too narrow for a bicycle and a vehicle to travel safely side-by-side within the lane) that make it unsafe to continue along the right-hand curb or edge.

4. Any person operating an e-conveyance upon a roadway which carries traffic in one direction only and has two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

5. Any person operating an e-conveyance upon a roadway or bicycle lane shall not ride more than two abreast.

(Ord. 2026-07, 8/4/2026)

No person shall operate an e-conveyance at a speed greater than what is allowed under the Cal. Veh. Code and this chapter, or at a speed greater than what is reasonable and prudent under the existing conditions. An operator of any e-conveyance shall in no event travel at a speed which endangers the safety of persons, animals, or property.

(Ord. 2026-07, 8/4/2026)

The operator of an e-conveyance emerging from or entering an alley, driveway, bicycle path, building or otherwise approaching a sidewalk or sidewalk area shall yield the right-of-way to all pedestrians on such sidewalk or sidewalk area, and upon entering a bicycle lane or roadway, shall yield the right-of-way to all vehicles or bicycles on the roadway.

(Ord. 2026-07, 8/4/2026)

A. Whenever a bicycle lane has been established, any person operating an e-conveyance upon the roadway at a speed of less than the normal speed of traffic moving in the same direction shall ride within the bicycle lane, except that such person may move out of the lane under any of the following situations:

1. When overtaking and passing a bicycle, vehicle, e-conveyance or pedestrian within the lane or about to enter the lane if such overtaking and passing cannot be done safely within the lane.

2. When preparing for a left turn at an intersection or onto a private road or driveway.

3. When it is reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.

4. When approaching a place where a right turn is authorized.

B. No person operating an e-conveyance within a bicycle lane shall leave such lane until movement can be made with reasonable safety, and then only after giving the appropriate signal in the manner provided in Cal. Veh. Code Division 11, Ch. 6 (Cal. Veh. Code §§ 22100 et seq.) in the event that any vehicle may be affected by the movement.

(Ord. 2026-07, 8/4/2026)

No person shall leave an e-conveyance lying on its side on any sidewalk, nor park an e-conveyance upon the public right-of-way, or against a building or at a curb, so that there is not an adequate path for pedestrian traffic. Where appropriate signs are posted, no person shall park an e-conveyance on a public roadway in the area designated by those signs.

(Ord. 2026-07, 8/4/2026)

A. This prohibition shall not apply when a person is riding or operating across a sidewalk at a driveway or other authorized vehicle access point.

B. This prohibition shall not apply where the sidewalk or sidewalk area has been expressly designated by the City Council, Director of Public Works, or authorized City official as a bicycle path, shared-use path, or other area where riding of an e-conveyance is permitted. Operation in such areas must comply with posted signs, pavement markings, and all applicable laws.

C. This prohibition shall not apply when operation on the sidewalk is reasonably necessary to avoid an immediate dangerous condition, obstruction, roadway hazard, or other unsafe condition. A person operating under this exception may ride only for the distance reasonably necessary to avoid the hazard and must yield the right-of-way to pedestrians.

D. This prohibition shall not apply to a person who is walking an e-conveyance.

E. Any person lawfully crossing or temporarily operating on a sidewalk under this section shall yield the right-of-way to pedestrians and shall operate at a speed and in a manner that is safe and reasonable under the circumstances. Nothing in this section authorizes sidewalk operation except as expressly provided herein.

(Ord. 2026-07, 8/4/2026)

A. It shall be unlawful to operate an e-conveyance in any city park, playground, school ground, and the Creek Walk unless specifically posted as authorized for such use.

B. It shall be unlawful to operate an e-conveyance on any public right-of-way during a city street closure.

C. When posted, no person shall operate an e-conveyance at any city special event.

D. The prohibitions within this section shall not apply to a person who is walking an e-conveyance.

(Ord. 2026-07, 8/4/2026)

A. The city's Director of Public Works or designee is authorized to erect or place and maintain signs on any public right-of-way prohibiting the riding of e-conveyances or prohibiting the riding of certain kinds of e-conveyance by any person thereon.

B. The city's Director of Public Works or designee is authorized to erect or place and maintain signs upon any roadway, or adjacent to any roadway in the city, indicating the existence of a bicycle path, bicycle lane, or otherwise regulating the operation and use of vehicles, bicycles and e-conveyances with respect thereto, as long as the same are consistent with this chapter. Where such a sign is erected, such other designation, including but not limited to appropriate painting or such other devices as the city's Director of Public Works or designee shall determine, will provide sufficient notice of the existence of the bicycle path or bicycle lane. Said signage shall conform to the provisions established by the California Manual on Uniform Traffic Control Devices.

(Ord. 2026-07, 8/4/2026)

A. An electric bicycle shall meet the following criteria:

1. Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 CFR 1512.1 et seq.);

2. 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 deactivated, will cause the electric motor to disengage or cease to function.

B. A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the device, or otherwise alter, modify, or adjust the motor settings to increase the speed of the device, unless that person appropriately replaces the label indicating the appropriate classification.

C. It is unlawful for any person to remove, destroy, mutilate or alter any manufacturer's label affixed to an electric bicycle stating the class of the electric bicycle or the manufacturer specifications except as permitted by the Cal Veh. Code.

(Ord. 2026-07, 8/4/2026)

No person shall operate any motorized vehicle, including any off-highway electrical motorcycle, upon any bicycle lane or path, except to park when permitted or as expressly designated by city signage, to enter or leave the roadway, or to prepare for a turn within a distance of 200 feet from the intersection. Nothing in this section shall be deemed or construed to prohibit any bus owned and operated by a public transportation district or other authorized transportation agencies from driving upon such bicycle lanes within 150 feet of any bus stop approved by the city. Motor vehicle parking is prohibited in bicycle lanes, provided such restriction is appropriately posted. This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Cal. Veh. Code § 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of persons or property.

(Ord. 2026-07, 8/4/2026)

A. Parental Responsibility. The parent or guardian of any minor under the age of 18 years shall not authorize or knowingly permit any minor to violate any of the provisions of this chapter.

B. Penalties.

1. Violations of any provision of this chapter shall be punishable as an infraction or misdemeanor. Any person found guilty of an infraction or misdemeanor under this chapter shall be punished by a fine of not more than $50.00 for the first offense and $100.00 for subsequent offenses.

2. In the event a minor under the age of 18 years is cited for violating this chapter, the minor will be referred to an approved e-conveyance safety diversion program. If the minor fails to complete the approved safety diversion program, the citation will be forwarded to the Yolo County Superior Court Juvenile Traffic Division for adjudication.

(Ord. 2026-07, 8/4/2026)

A. In the event a minor under the age of 18 years is cited for violating this chapter, the officer issuing the citation may impound the e-conveyance to the Winters Police Department for a minimum of 48 hours for community caretaking purposes and/or if there is a reasonable likelihood the offense will continue or resume. The impounded e-conveyance shall be released to the minor's parent, guardian, or other responsible adult upon payment of the impound fee consistent with the Winters Police Department impound fee schedule and the minor's completion of an approved e-conveyance safety diversion program.

B. An e-conveyance impounded to the Winters Police Department under this chapter shall be considered abandoned if not collected pursuant to this section after a period in excess of 90 days. Abandoned e-conveyances may be disposed of as restricted by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5.

C. The city shall provide notice and an opportunity for administrative review of the impoundment in the manner required by law and by applicable city procedures.

D. The city shall not be liable for damage to or loss of any e-conveyance impounded pursuant to this section, except to the extent caused by the city's gross negligence or willful misconduct.

(Ord. 2026-07, 8/4/2026)