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HomeMy WebLinkAbout08 PROPOSED ORDINANCE TO REGULATE THE OPERATION OF E-BIKES, BICYCLES, AND OTHER REGULATED MOBILITY DDocusign Envelope ID: 04F7BOA2-4F90-8132-81B2-354BF8C45917 MEETING DATE TO: FROM: SUBJECT: SUMMARY: Agenda Item AGENDA REPORT Reviewed: City Manager Finance Director MAY 5, 2026 ALDO E. SCHINDLER, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY PROPOSED ORDINANCE TO REGULATE THE OPERATION OF E- BIKES, BICYCLES AND OTHER REGULATED MOBILITY DEVICES The proposed ordinance would establish operational, safety, and enforcement regulations for bicycles, electric bicycles, and other regulated mobility devices within the City. The intended purpose of the ordinance is to address increasing safety concerns, clarify permissible conduct, and provide enforcement tools to address unsafe riding behaviors on bicycles, e-bikes, and other regulated mobility devices. The proposed framework emphasizes behavior -based regulation, focusing on unsafe operation, rather than restricting the safe and lawful use of mobility devices. RECOMMENDATION: Recommend the City Council introduce and conduct first reading by title only of Ordinance No. 1576 repealing Section 5344 (Use of Motorized Cycles) and Section 5345 (Use of Bicycles) of the Tustin City Code, and adding new Part 5 (Bicycles and Regulated Mobility Devices) to Chapter 3 (Traffic Regulations) of the Tustin City Code regarding operation of bicycles and regulated Mobility Operation of Bicycles and Regulated Mobility Devices such as Electric Bicycles, and schedule the ordinance adoption for the City Council's next scheduled regular meeting. FISCAL IMPACT: There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: Tustin's Strategic Plan Goal A: Economic and Neighborhood Development calls for the City to "enhance the vibrancy and quality of life in all neighborhoods and areas of the community." Goal B: Public Safety and Protection calls for the City to "ensure Tustin is an attractive, safe, and well -maintained community in which people feel pride." The City's a_eS N/A Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 City Council Agenda Report Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles, and other Mobility Devices May 5, 2026 Page 2 overall mission is "to provide effective, high -quality services that foster safety, quality of life, and economic vitality throughout our community." BACKGROUND AND DISCUSSION: Electric bicycles and other mobility devices have become increasingly prevalent throughout Orange County. While these devices provide mobility, sustainability, and accessibility benefits, their use has also raised concerns regarding unsafe riding behaviors, conflicts with pedestrians, and the operation of high-speed or modified devices. In 2025 alone, the Tustin Police Department received 266 related calls for service, including responses to 16 e-bike-related traffic collisions. In 2024, the Orange County Grand Jury issued a report entitled "E-Bikes — Friend or Foe" that found that many cities lacked clear a -bike regulations, resulting in inconsistency and confusion for riders traveling between jurisdictions, and recommended that each city in Orange County "should have policies that define the rules of the road for the use of E- Bikes..." Since then, cities throughout Orange County have begun adopting ordinances to address these concerns, with an emphasis on safety, education, and enforceability. The proposed ordinance addresses these issues by focusing on how mobility devices, such as a -bikes are operated, rather than restricting their lawful use. This approach promotes public safety and clarity by defining unsafe operation in practical, observable terms, while reinforcing standards consistent with State of California law. Codifying these expectations provides both riders and enforcement personnel with a clear and shared understanding of acceptable conduct. In order to ensure consistency of the regulations and clarity for the bicycle -riding and a -bike riding public, existing bicycle regulations in the Tustin City Code would be repealed, and the new operational regulations established in Ordinance 1576 would be applied to the operation of bicycles and to regulated mobility devices such as e-bikes. Key Provisions The ordinance establishes a tiered framework for safe operation based on context and location. It sets maximum speeds for regulated mobility devices depending on the environment, recognizing the heightened need for caution in pedestrian -oriented areas such as sidewalks, trails, parks, and school zones. These provisions are intended to reduce the likelihood and severity of collisions, while maintaining reasonable access to mobility options. In addition to speed regulations, the ordinance addresses unsafe behaviors identified through community feedback and enforcement experience, including riding against traffic, performing stunts, failing to yield to pedestrians, and operating devices in areas not intended for such use. It also prohibits modifications that increase a device's speed beyond Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 City Council Agenda Report Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles, and other Mobility Devices May 5, 2026 Page 3 its designated classification, addressing the growing prevalence of altered devices that fall outside established regulatory categories. The ordinance includes targeted provisions related to youth safety, including helmet requirements for riders under 18 years of age, and restrictions on the operation of higher - speed Class 3 electric bicycles by minors. These measures are intended to reduce risk among younger riders, who are more likely to be involved in certain types of incidents. To support enforcement, the ordinance authorizes the impoundment of devices under specific circumstances, particularly where unsafe operation presents an immediate risk to public safety or involves unlawful devices. It also establishes parental responsibility in cases where minors are knowingly permitted to operate devices in violation of the code. Together, these provisions promote accountability, while supporting a graduated and proportionate enforcement approach. Consistency with Peer Cities The proposed ordinance would, if adopted, operate in parallel with recent actions taken by other Orange County cities, including Irvine, Huntington Beach, and Yorba Linda. Each of these cities has adopted regulations addressing the safe operation of electric bicycles and similar devices, reflecting a broader regional response to emerging mobility trends. While specific provisions vary, these jurisdictions share common policy approaches, including regulating unsafe behaviors rather than prohibiting use, emphasizing education and enforceability, and addressing youth safety and device modification. The proposed ordinance aligns with these regional practices, helping ensure consistency across jurisdictions and making expectations clearer for residents. Policy Considerations In developing the proposed ordinance, key policy considerations included alignment with state law, clarity of enforcement, and adaptability over time. By incorporating definitions from the California Vehicle Code, the ordinance maintains consistency with existing legal frameworks and reduces the risk of ambiguity. The ordinance adopts a behavior -based enforcement model, allowing flexibility in addressing unsafe conduct without unnecessarily restricting lawful use. It also authorizes the City Council to designate specific areas for future operational restrictions, enabling the City to respond to evolving conditions and emerging safety concerns. Finally, the enforcement structure supports a graduated approach, allowing violations to be addressed through administrative citations, infractions, or misdemeanor charges depending on severity. This ensures enforcement remains both effective and proportionate. Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 City Council Agenda Report Proposed Ordinance to Regulate the Operation of E-Bikes, Bicycles, and other Mobility Devices May 5, 2026 Page 4 `v-fK- David E. Kendig, City Attorney Attachment: 1. Ordinance No. 1576: Repealing Section 5344 (Use of Motorized Cycles) and Section 5345 (Use of Bicycles) of the Tustin City Code, and Adding New Part 5 (Bicycles and Regulated Mobility Devices) to Chapter 3 (Traffic Regulations) of the Tustin City Code Regarding Operation of Bicycles and Regulated Mobility Devices such as Electric Bicycles Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 ORDINANCE NO. 1576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REPEALING SECTION 5344 (USE OF MOTORIZED CYCLES) AND SECTION 5345 (USE OF BICYCLES), AND ADDING NEW PART 5 (BICYCLES AND REGULATED MOBILITY DEVICES) TO CHAPTER 3 (TRAFFIC REGULATIONS) OF THE TUSTIN CITY CODE REGARDING OPERATION OF BICYCLES AND REGULATED MOBILITY DEVICES SUCH AS ELECTRIC BICYCLES THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY FIND AND DETERMINE AS FOLLOWS: WHEREAS, the City of Tustin, California ("City") is a municipal corporation, duly organized and existing under the California Constitution and laws of the State of California; and WHEREAS, the City Council recognizes that electric bicycles have grown rapidly in popularity with a 269% increase in sales from 2019 to 2022 with over a million electric bicycles being sold every year; and WHEREAS, there has been a similar increase in collisions and injuries related to electric bicycles. Specifically, in 2025, electric bicycle injuries were the leading cause of traumatic injuries for children under the age of 18 at Rady Children's Hospital (formerly CHOC) which admitted 201 children to their emergency room with electric bicycle -related traumatic injuries, compared to 1 admission in 2021. Additionally, the injuries sustained in these accidents are almost twice as likely to involve head, neck or facial injuries compared to non -motorized bicycles (49.1 % compared to 28.7%) and twice as likely to require hospital admission (7.3% vs. 4.7%) Finally, Orange County had 8 confirmed fatalities related to either electric bicycles or electric scooters in 2024, with unconfirmed reports of a significant increase in these fatalities in 2025; and WHEREAS, the City Council desires to promote the safe operation of electric bicycles as well as the safety of persons using electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low -speed vehicles, motorized scooters, shared mobility devices, and other similar vehicles (defined herein as "regulated mobility devices"), while maximizing transportation and recreational opportunities, and promoting the safety of persons using sidewalks in the City; and WHEREAS, California Vehicle Code Section 21100(h) authorizes cities to regulate the operation of bicycles on public sidewalks; and WHEREAS, California Vehicle Code Section 21207.5 regulates the use of motorized vehicles on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail, unless it is within or adjacent to a roadway or unless the local authority either permits or prohibits, by ordinance, that operation; and 4934-7745-2820, v. 1 Docusign Envelope ID: 04F7BOA2-4F90-8132-81B2-354BF8C45917 Ordinance No. Page 2 WHEREAS, recent state legislation, AB 875 (2025), added Section 22651.08 to the California Vehicle Code, authorizing a peace officer to impound certain vehicles having fewer than four wheels that do not qualify as an "electric bicycle" under California law, if such vehicles are powered by an electric motor capable of exclusively propelling such vehicle in excess of 20 mph and are being operated without a valid license to operate the vehicle; and WHEREAS, AB 875 also authorizes impoundment of a Class 3 electric bicycle operated by a person under the age of 16 or who is operating a Class 3 electric bicycle without a required helmet (in violation of state law); and WHEREAS, without local adoption of an ordinance implementing procedures for seizure, impoundment, storage, and release, the City lacks a clear mechanism to enforce these new state provisions within its jurisdiction; and WHEREAS, the City Council has determined that the provisions of this Chapter represent reasonable measures and enforcement mechanisms that can be implemented to promote the safe and efficient use of sidewalks, bicycle paths, bicycle lanes, trails, streets, roads, and highways in the City pursuant to the City's police power, and are based on compliance with other generally applicable laws, including state and federal law, and the Tustin City Code. THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. Section 5344 (Use of Motorized Cycles) and Section 5345 (Use of Bicycles) of the Tustin City Code are repealed. SECTION 3. Section 5346 (Sleeping in Parked Vehicles) of the Tustin City Code is renumbered Section 5344. SECTION 4. Part 5 (Bicycles and Regulated Mobility Devises) of Chapter 3 (Traffic Regulations) is hereby added to the Tustin City Code, which shall read as follows: Chapter 3 —Traffic Regulations Part 5 — Bicycles and Regulated Mobility Devices Section 5345 — Definitions In addition to the definitions set forth in Section 5311 or elsewhere in this Code, for purposes of this Chapter, the words and phrases defined herein shall be construed in accordance with the following definitions: Docusign Envelope ID: 04F7BOA2-4F90-8132-81B2-354BF8C45917 Ordinance No. Page 3 Class 3 electric bicycle has the same meaning as in California Vehicle Code Section 312.5(a)(3), as it may be amended from time to time. Electric bicycle has the same meaning as in California Vehicle Code Section 312.5(a), as it may be amended from time to time. Electric personal assistive mobility device has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. Electrically motorized board has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time. Enforcement Officer means any peace officer, person designated as a Code Enforcement Officer pursuant to Section 1.03.040 of this Code, or any City employee designated by the City Manager or employee of the Tustin Department authorized to administer or process violations related to this Chapter. Low -speed vehicle has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time. Motorized scooter has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time. Operate means to ride, operate, and/or otherwise control a regulated mobility device other than walking such device. Out -of -Class electric vehicle means any vehicle with less than four wheels that does not meet the definition of "electric bicycle" under the California Vehicle Code but is powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour. Park means a public park owned, operated, and/or maintained by the City. Regulated mobility device means electric bicycle, electric personal assistive mobility device, electrically motorized board, low -speed vehicle, motorized scooter, shared mobility device, and any other similar mobility device. Shared mobility device has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. Sidewalk means the portion of the public right-of-way between the curb line of any street, road, highway, bicycle lane, or other thoroughfare designed for vehicular travel and the adjacent property line, or any other paved path or walkway, which is intended for pedestrian travel, whether publicly or privately owned and/or maintained. Section 5346 —Unlawful Operation of Bicycles or Regulated Mobility Devices. Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 Ordinance No. Page 4 It shall be unlawful and a violation of this Chapter for any person to operate a bicycle or regulated mobility device in an unsafe manner on any street, road, highway, sidewalk, bicycle path, bicycle lane, trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a bicycle or regulated mobility device in an unsafe manner including but not limited to, any one or more of the following: (a) Violating any provision of the Tustin City Code, California Vehicle Code, or other law or regulation applicable to the use or operation of a bicycle or regulated mobility device. (b) Operating on any street, road, highway, or bicycle lane against the direction of traffic. (c) Operating upon any unpaved trail, public drainage facility, culvert, ditch, or channel or on any portion of public or private property held open to the public for pedestrian travel, including playgrounds, sports fields, grass, dirt or planter beds, other than a designated paved trail, path or roadway. (d) Operating in a manner other than the manner in which the bicycle or regulated mobility device was designed, including carrying more than one passenger or carrying passengers on the regulated mobility device in a manner other than as designed. (e) Operating with more than two bicycles or regulated mobility devices side -by - side. (f) Operating at any speed greater than is reasonable or prudent under the conditions then existing. (g) Operating at a speed greater than 10 miles per hour on a sidewalk, park, or other area generally open to public pedestrian access other than a bicycle path or shared use trail. (h) Operating at a speed greater than 5 miles per hour on any sidewalk in a school zone or sidewalk adjacent to any school when children are present. (i) Operating any low -speed vehicle on any sidewalk, bicycle path, bicycle lane, shared use trail. (j) Operating while clinging to, hitched to, or physically attached to any moving vehicle or motorized device. (k) Operating while allowing another person who is not a passenger to cling to or to be physically attached to the regulated mobility device. (1) Operating while lifting one or more wheels into the air. Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 Ordinance No. Page 5 (m) Operating while failing to yield the right-of-way to all pedestrians or failing to yield the right-of-way to a vehicle entering or exiting any street, road, or highway from a driveway or as otherwise required by law. (n) Operating while failing to obey any posted signs regulating operation, including signs prohibiting operation in specific areas. (o) Operating while holding and/or operating a handheld wireless telephone or an electronic wireless communications device unless configured for handsfree operation and used in that manner. (p) Operating in a manner that damages public or private landscaping, infrastructure, or property. (q) Operating while swerving or riding around stopped or slowed traffic or preventing vehicular traffic from proceeding, including street takeovers. (r) A person under the age of 18 operating any bicycle or regulated mobility device without a properly fitted and fastened 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. (s) A person under the age of 18 operating a Class 3 electric bicycle. (t) A person under the age of 16 operating a regulated mobility device while carrying a passenger, regardless of the device's design. (u) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the device, unless the required label indicating the classification is appropriately replaced. (v) Operating an Out -of -Class electric vehicle not otherwise permitted or registered to operate on the highway. Section 5347 — Designated and Posted Prohibited Operation Areas. (a) City Council May Designate Prohibitions. The City Council may by resolution designate and declare any street, road, highway, sidewalk, trail, or other area generally open to public access, or portions thereof, to be locations where the operation of regulated mobility devices are prohibited. (b) City Engineer to Post Prohibitions. The City Engineer is authorized to cause signs and/or markings to be placed giving notice of such prohibitions as necessary to implement the regulations established by subsection (1) above. Docusign Envelope ID: 04F7BOA2-4F90-8132-81B2-354BF8C45917 Ordinance No. Page 6 Section 5348 — Impoundment and Removal. (a) If a person under the age of 18 is found in violation of any provisions of this Chapter, and no parent or legal guardian is present, and the unsafe manner in which the regulated mobility device was operated constitutes an immediate danger to the health or safety of the juvenile operator or to members of the public, the Enforcement Officer may take immediate possession of the regulated mobility device and transport the device for safekeeping to the Tustin Police Department facility; thereafter, the regulated mobility device shall be released by the Tustin Police Department to the parent or legal guardian of the person under the age of 18 and/or to the legal owner of the device over the age of 18. (b) An Impounding Officer is authorized to remove and impound any vehicle found operating within the City if any of the following applies: 1) The vehicle is an Out -of -Class electric vehicle; and the operator lacks a valid license to operate the vehicle. 2) The vehicle is a Class 3 electric bicycle and is operated by a person under sixteen (16) years of age. (c) The City may impose administrative charges for removal, seizure, and storage of a seized vehicle, equal to the actual costs incurred, including but not limited to the contractual rate charged by the City's rotational towing companies for towing and/or storage. (d) A vehicle pursuant to this section shall be released to the registered owner, the operator, or their authorized agent no sooner than forty-eight (48) hours after seizure provided: 1) A request for release is submitted during normal business hours; and 2) All removal, seizure, and storage fees and administrative costs have been paid. (e) A parent or guardian of a person under the age of 18 operating an impounded device and/or the legal owner of an impounded device over the age of 18 may contest the removal and impoundment of the device by filing a request for a post -storage hearing (impound hearing) as required pursuant to California Vehicle Code Section 22852. Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 Ordinance No. Page 7 (f) Any regulated mobility device or other vehicle impounded or retained by the Police Department in excess of three months shall be disposed of pursuant to Civil Code 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5. Section 5349 — Penalties. (a) Except as otherwise provided by law, any violation of this chapter shall constitute an infraction. (b) Notwithstanding subsection (1), any violation of this chapter may be charged as a misdemeanor in the discretion of the enforcing officer or prosecuting authority, based upon the nature and circumstances of the violation, including but not limited to repeat violations, willful or knowing conduct, or conditions posing a risk to public health, safety, or welfare. (c) Notwithstanding subsection (1), any person in violation of the provisions of this Chapter may, at the discretion of the enforcing officer, in lieu of an infraction penalty, be issued an administrative citation in accordance with Section 1162 of this Code in the following amounts: (1) A fine of $100.00 for a first violation. (2) A fine of $200.00 for a second violation of this Chapter within one year from the date of the first violation. (3) A fine of $500.00 for each additional violation of this Chapter within one year from the date of the first violation. (d) This Chapter shall not preclude or prohibit the issuance of a misdemeanor or infraction citation to a court of competent jurisdiction for any violation of the California Vehicle Code or other offense committed while operating a regulated mobility device. (e) Responsibility of parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this division. (1) Any parent or guardian who knowingly authorizes or permits any minor child to violate any of the provisions of this division may be issued a citation for a violation of this section. The minor child committing the violation does not need to be issued a citation for the parent to be held in violation of this section. (2) Upon determining that a minor has operated a regulated mobility device in violation of this Chapter, the City may issue written notice to the minor's Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 Ordinance No. Page 8 parent, legal guardian, or other adult having custody or control of the minor. The notice may advise that: i. Continued unsafe operation of a regulated mobility device may result in civil liability for damages caused by the minor; ii. Knowingly permitting, encouraging, or supplying a regulated mobility device to a minor who is operating it in an unsafe manner may subject the parent or guardian to criminal or civil responsibility under applicable state law; and iii. Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by law. Section 5350. Exemptions. This Part shall not apply to: (a) Wheelchairs, mobility scooters, or other assistive mobility devices used by persons with disabilities, consistent with the Americans with Disabilities Act and State law. (b) Law enforcement, or other City personnel acting within the course and scope of their official duties. SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen days after passage and adoption as may be required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, the aforementioned summary and shall post a certified copy of this Ordinance, Docusign Envelope ID: 04F7BOA2-4F90-8132-81 B2-354BF8C45917 Ordinance No. Page 9 together with the vote for and against the same, in the Office of the City Clerk. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this day of May 2026. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify: (1) that the full title of the above and foregoing Ordinance No. 1576 was included on the City Council's published agendas for its meetings on the 5th day of May 2026, the day of May 2026; (2) that a copy of the full ordinance was made available to the public online and in print at the meeting prior its passage; (3) that the whole number of the members of the City Council of the City of Tustin is five; and (4) that the ordinance was duly and regularly introduced at the regular meeting of the City Council held on the 5th day of May 2026 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of May 2026, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA YASUDA, City Clerk