HomeMy WebLinkAboutPD Electric Bicycle Safety Regulations in San Rafael____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: 8/18/2025
Disposition: Introduced ordinance 2051, waived reading and referred to it by title
Agenda Item No: 5.a
Meeting Date: August 18, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________
TOPIC: ELECTRIC BICYCLE SAFETY REGULATIONS IN SAN RAFAEL
SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.35 “OPERATION OF
ELECTRIC MOBILITY DEVICES” TO THE SAN RAFAEL MUNICIPAL CODE TO
REGULATE ELECTRIC MOBILITY DEVICES WITHIN THE CITY LIMITS OF SAN
RAFAEL; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE
15061(b)(3)
RECOMMENDATION:
Staff recommends that the City Council introduce an ordinance adding Chapter 5.35 “Operation of
Electric Mobility Devices” to the San Rafael Municipal Code to regulate electric mobility devices within
the city limits of San Rafael, waive further reading of the ordinance, and refer to it by title only.
BACKGROUND:
The popularity of electric bicycles (e-bikes), especially Class 2 throttle-assisted models, has increased
dramatically across Marin County, including San Rafael. While e-bikes offer sustainable and accessible
mobility, their rapid adoption, especially among riders under 16, has raised public safety concerns.
In response, the California Legislature adopted Assembly Bill 1778, authorizing Marin County jurisdictions
to participate in a pilot program known as the Marin Electric Bicycle Safety Pilot Program. This legislation
enables local governments to:
•Prohibit individuals under 16 from operating Class 2 e-bikes.
•Mandate helmet use for all Class 2 e-bike operators and riders.
•Administer a public information campaign before enforcement.
•Collect and report data on e-bike violations and collisions to the State Legislature.
The Marin County Civil Grand Jury also released a report titled “With Power Comes Responsibility”, which
underscores safety issues and supports implementing these policies locally.
The City of San Rafael acknowledges and appreciates the County of Marin for developing a model
ordinance and creating a unique and effective outreach campaign. The County’s leadership in
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
establishing a consistent framework and coordinated public education effort has provided San Rafael
with a strong foundation while allowing the City to tailor implementation to our local community.
ANALYSIS:
From 2019 to 2022, 911 calls in Marin for bicycle incidents involving school -aged youth rose by 110%.
To investigate this trend, Marin County Public Health began collecting data in 2023 on e -bike and
conventional bike accidents. The data is available through the Bicycle Safety Dashboard. The data
shows that 10-15-year-olds in Marin have an e-bike accident rate five times higher than other age groups.
Between October 7, 2023, and May 10, 2025, the County recorded that 27% of 911 emergency medical
service (EMS) responses to bicycle accidents involved e-bikes. Among all age groups, youth aged 10-
15 stand out as having the highest proportion of e -bike 911 EMS response relative to regular bicycle
injuries. In this group, there were 36 e-bike EMS responses compared to 32 traditional bike EMS
responses, meaning e-bikes accounted for 53% of all bike-related EMS responses, the only age group
where e-bike responses exceeded those from traditional bicycles. This contrasts sharply with older age
groups, where traditional bicycle EMS responses remain significantly more common than those that were
e-bike related. The data suggests that younger riders are disproportionately represented in e-bike injury
collisions, underscoring the need for targeted safety measures and age-specific regulations.
According to the UC Berkeley Safe Transportation Research and Education Center, unsafe speed was
the most common primary collision factor for fatal and serious injury bicycle collisions in 2021. It is well
established in transportation safety research that increased speed correlates with increased injury
severity. Bicycles, like motor vehicles, become substantially more dangerous at higher speeds due to
the amplified impact forces involved in a crash.
In response to growing safety concerns, Marin’s Assemblymember Damon Connolly authored AB 1778,
which was signed into law last year. AB 1778 authorizes local Marin ordinances that prohibit individuals
under 16 from operating Class 2 e-bikes, require helmet use for all riders, and mandate a 30-day public
information campaign before enforcement. It also permits warnings during the first 60 days, followed by
modest $25 fines or safety course alternatives for violations. Participating jurisdictions must repor t
enforcement and collision data to the State by 2028, with the pilot program set to expire on January 1,
2029.
AB 1778 applies specifically to “Class 2” e-bikes. To distinguish these from other types of e-bikes and
motorized devices, California law defines e-bike classes based on their power source and capabilities.
To qualify as an electric bicycle under California Vehicle Code § 312.5, the electric motor must be less
than 750 watts, and the bicycle must have fully operable pedals. Devices that exceed this power limit or
lack pedals are classified as mopeds or motor vehicles and are subject to separate regulations.
There are three types of e-bikes in California as defined by Vehicle Code § 312.5:
•Class 1:Pedal-assist only (no throttle), max assisted speed 20 mph
•Class 2:Has a throttle (no pedaling required), max assisted-speed 20 mph
•Class 3*:Pedal-assist only (no throttle), max assisted speed 28mph (riders must be over 16
statewide)
Current State Law With AB 1778 Ordinance
Age Limits No age limit for Class 1 e-bikes Same
No age limit for Class 2 e-bikes Class 2 e-bikes limited to 16+
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Class 3 e-bikes limited to 16+ Same
Helmets All e-bike riders <18 are required
to wear helmets Same
Class 1 e-bike riders >18 are not
required to wear helmets Same
Class 2 e-bike riders >18 are not
required to wear helmets
Class 2 e-bike riders of all ages
are required to wear helmets
Class 3 e-bike riders of all ages
are required to wear helmets Same
Adopting this ordinance will align San Rafael with other Marin municipalities already participating in the
program and ensure regional consistency in enforcement and messaging.
Enforcement of the ordinance will be conducted in a measured and equitable manner. Riders will not be
stopped solely based on their perceived age. Instead, enforcement of age restrictions will be treated as
a secondary violation, meaning that officers will only investigate a rider’s age after observing a primary
violation, such as unsafe operation and failure to obey traffic laws. This approach ensures compliance
while minimizing unnecessary subjective encounters and focuses enforcement on the most dangerous
riding behaviors.
For the initial 60-day period after adoption of this section, any violation shall result in the issuance of a
warning notice rather than a fine. After the warning period, a violation shall be punishable by a fine not
exceeding $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 within 120 days after the citation was
issued that the person has completed an electric bicycle safety and training course under California
Streets and Highways Code Section 894, or an electric bicycle safety course offered by any local
jurisdiction if one is available.
The ordinance is designed to address a specific and growing public safety concern. Teen riders on Class
2 e-bikes are increasingly involved in traffic accidents, often without helmets and lacking formal training.
Limiting Class 2 e-bike operation to those 16 and older introduces an age threshold consistent with
existing state law for Class 3 e-bikes and reflects developmental readiness to safely operate a motorized
device in a traffic environment.
A helmet is required for all Class 2 riders to further mitigate head trauma risks, which account for a
significant proportion of bicycle-related injuries in emergency room visits. Combined with a public
education campaign and an initial grace period, this ordinance takes a proactive education-first approach
before introducing fines. The goal is to improve rider behavior, reduce injury rates, and promote a culture
of safety around e-bike use.
COMMUNITY OUTREACH:
To meet AB 1778's education requirement, staff will implement a public awareness campaign that
includes:
• Informational postings on the City’s website and social media platforms.
• Placement of educational posters in high-visibility locations throughout San Rafael
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
•Coordination with local schools and parent organizations to share safety information. This
includes collaboration with the San Rafael City Schools to ensure students and parents receive
consistent safety messaging prior to enforcement.
•Coordination with community organizations such as Safe Routes to Schools
•Distribution of printed flyers at local retailers selling e-bikes.
•Public safety announcements and community presentations.
FISCAL IMPACT:
No direct fiscal impact is anticipated. The proposed ordinance will be implemented and enforced using
existing department resources. The ordinance may enhance eligibility for future public safety grants.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Introduce the ordinance as recommended.
2.Provide direction for staff to revise the ordinance.
3.Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council introduce an ordinance adding Chapter 5.35 “Operation of
Electric Mobility Devices” to the San Rafael Municipal Code to regulate electric mobility devices within
the city limits of San Rafael, waive further reading of the ordinance, and refer to it by title only.
ATTACHMENTS:
1.Ordinance
2.Marin Civil Grand Jury Report: With Power Comes Responsibility
1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 5.35 “OPERATION OF ELECTRIC MOBILITY DEVICES” TO THE SAN
RAFAEL MUNICIPAL CODE TO REGULATE ELECTRIC MOBILITY DEVICES
WITHIN THE CITY LIMITS OF SAN RAFAEL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, the popularity of electric bicycles (also known as “E-bikes”), especially
Class 2 Electric Bicycles, has increased dramatically across Marin County, including San
Rafael, and while e-bikes offer sustainable and accessible mobility, their rapid adoption,
especially among riders under 16, has raised public safety concerns.
WHEREAS, between October 7, 2023, and May 10, 2025, Emergency Medical
Services recorded that 27% of 911 medical responses to bicycle accidents involved E-
bikes. Among all age groups, youth aged 10-15 stand out as having the highest
proportion of E-bike 911 EMS response relative to regular bicycle injuries.
WHEREAS, California Vehicle Code section 312.5(a) classifies electric bicycles into
three classes, and all electric bicycles are equipped with fully operable pedals and an
electric motor that produces less than 750 watts of power. Class 1 Electric Bicycle
consists of low-speed pedal-assisted electric bicycles equipped with a motor incapable of
exclusively propelling the bicycle (and providing assistance at speeds no greater than 20
miles per hour). Class 2 Electric Bicycle consists of throttle-assisted electric bicycles
equipped with a motor that may be used exclusively to propel the bicycle (and providing
assistance at speeds no greater than 20 miles per hour). Class 3 Electric Bicycle consists
of pedal-assisted electric bicycles 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.
WHEREAS, on September 30, 2024, the California Legislature passed Assembly Bill
1778, which authorizes Marin County and local entities within Marin County to enact
ordinances or resolutions providing for a pilot program, to be called the Marin Electric
Bicycle Safety Pilot Program, which may prohibit any person under 16 years of age from
operating a Class 2 Electric Bicycle and may require any person operating a Class 2
Electric Bicycle to wear a bicycle helmet.
WHEREAS, Assembly Bill 1778 includes a requirement that participating jurisdictions
submit a report to the Legislature that includes, among other things, the total number of
2
traffic stops initiated for violations, the results of the traffic stops, and the actions taken by
peace officers during the traffic stops, and data relating to electric bicycle crashes,
including the ages of those involved in each reported crash.
WHEREAS, Assembly Bill 1778 further requires a jurisdiction adopting an ordinance
to administer a public information campaign for at least 30 calendar days prior to the
enactment of the ordinance or resolution. The County of Marin will also be conducting an
information campaign focusing on jurisdictions that have adopted similar ordinances.
WHEREAS, the Council seeks to authorize and establish a pilot program as provided
for by Assembly Bill 1778.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
The Council hereby authorizes the Marin Electric Bicycle Safety Pilot Program within the
City of San Rafael jurisdiction in accordance with the requirements of the Vehicle Code §
21214.5, et seq., and, in furtherance of this authorization, Chapter 5.35, “Operation of
Electric Mobility Devices” is hereby added to the San Rafael Municipal Code.
Chapter 5.35 – Operation of Electric Mobility Devices
5.35.010 – Purpose and Scope
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.
5.25.020 – Definitions
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).
5.25.030 – Prohibitions and Restrictions
(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).
5.25.040 – Violations
3
(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 (61) day after the effective date of this Chapter,
a violation shall be punishable as follows:
i.A violation of the prohibition set forth in Section 5.25.030(a) shall be an
infraction, punishable by a fine of twenty-five dollars ($25). 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
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.
ii.A violation of the prohibition set forth in Section 5.25.030(b) shall be an
infraction punishable by a fine of twenty-five dollars ($25). 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 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.
5.25.050 – Expiration of Program
This Chapter shall be effective so long as authorized by California Vehicle Code Section
21214.5, et seq.
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA
Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061(b)(3)).
4
DIVISION 4. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
DIVISION 5. EFFECTIVE DATE; PUBLICATION.
A summary of this Ordinance shall be published, and a certified copy of the full text
of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior
to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final
passage, and the summary of this Ordinance shall be published within fifteen (15) days
after the adoption, together with the names of those Councilmembers voting for or against
same, in the Marin Independent Journal, a newspaper of general circulation published
and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk a certified copy of the full text of this Ordinance, along with the names of
those Councilmembers voting for or against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 18th day of August 2025, and was passed and adopted at a
regular meeting of the San Rafael City Council on the 2nd day of September 2025 by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk
From: Bob Mittelstaedt
Sent: Saturday, August 16, 2025 5:19 PM
To: Distrib- City Clerk <city.clerk@cityofsanrafael.org>
Subject: Public Comment, August 18 City Council Meeting, Agenda Item 5a. Electric Bicycle Safety
Regulations in San Rafael
E-Bike Access, the Marin-based e-bike advocacy group, strongly supports
the proposed ordinance requiring riders of Class 2 (throttle) e-bikes to be at
least 16 years of age. It is important for this Council not only to adopt it but
also to insist on its enforcement.
The San Rafael Police Department’s report recognizes that the ordinance
addresses “a specific and growing public safety concern”: "teen riders on
Class 2 e-bikes are increasingly involved in traffic collisions" because they
lack the "developmental readiness . . for operating motorized vehicles in
public spaces."
Yet the same report states the ordinance will not be enforced unless the
underage rider is committing another infraction. This effectively means a 10-
or 11-year-old can continue to ride a Class 2 throttle e-bike—despite
acknowledged lack of readiness—so long as they obey stop signs.
Respectfully, this is an abdication of responsibility that undermines the very
public safety goals this measure seeks to achieve.
Last week's tragedy in Burlingame tells us what's wrong with this unusual
enforcement approach. As reported in the San Francisco Chronicle, an 11-
year-old riding a Class 2 e-bike with a 10-year-old passenger collided with a
car, which then careened onto a sidewalk, killing a 4-year-old and injuring a
6-year-old. Issuing a citation after a tragedy is too little, too late. The intent
of this ordinance is to prevent fatalities, not respond to them after-the-fact.
For laws based on age, such as curfews, alcohol, driving, etc., enforcement
based on age is entirely lawful. Most people, including the police, can tell
the difference between an 11-year-old and a 16-year old. That provides a
reasonable suspicion to stop an 11-year-old riding a throttle e-bike, just as
an 11-year-old driving a car or riding a Harley can and should be stopped—
before someone is injured or killed.
In addition, targeted and high profile enforcement in contexts where age is
even clearer—such as entering or exiting a middle school—would also be
effective.
This ordinance serves valuable purposes of educating parents, giving them
another reason to say no to their children, and giving schools another reason
to ban throttle devices. But if this ordinance is to truly “ensure compliance,”
it must be enforced. Announcing in advance that it will be enforced only as a
secondary infraction is not good public policy.
The stakes are not hypothetical—they are life and death. We urge you to
pair this ordinance with an enforcement strategy that prevents tragedies and
other law violations before they occur.
https://www.ebikeaccess.org
From: Monica Stafford
Sent: Monday, August 18, 2025 1:29 PM
To: Distrib- City Clerk <City.clerk@cityofsanrafael.org>
Cc: Amelia Stafford Scot Stafford
Subject: Public comment for 8/18/25 city council meeting: e-bike ordinance
Re: Electric Bike Safety Ordinance in San Rafael City of San Rafael Public Meeting,
August 18, 2025
I want to thank the San Rafael City Council for adopting the local ordinance to prohibit
children from operating class-2 e-bikes. I also appreciate the requirement that everyone,
regardless of age, wear a helmet when riding on these motor vehicles. Had a law such
as this existed two years ago, it might have prevented the e-bike accident that almost
took my life.
My thanks as well to Assemblymember Damon Connolly, Supervisor Mary Sackett, and
the Marin County Board of Supervisors for your leadership in making this happen
locally. I’m also incredibly grateful to Governor Newsom for signing the bill into law. And
I want to thank Dr. Maa, the surgeon who cared for me after my accident and who has
tirelessly championed common-sense e-bike laws to keep people safe.
It means a lot to see this ordinance passed here in San Rafael, which is my home. Your
local leadership, combined with public education, will have rippling effects that will
protect the San Rafael community and set an example that reaches far beyond. Thank
you.
Amelia Stafford, age 17
Senior, Terra Linda High School
San Rafael resident
312 Sutter Street, Suite 608, San Francisco, CA 94108 • www.sfmms.org • P 415.561.0850 • F 415.561.0833
August 15, 2025
San Rafael City Council
1400 Fifth Avenue, Room 203
San Rafael, CA 94901
Dear Mayor Colin, and Council Members Llorens Gulati, Hill, Bushey, and Kertz,
On behalf of the San Francisco Marin Medical Society (SFMMS) which represents the
interests of approximately 3500 physician members practicing in San Francisco and Marin
Counties, I am writing to offer our support for “Introduction of An Ordinance Adding
Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to
Regulate Electric Mobility Devices Within the City Limits of San Rafael.” (Agenda item 5a for
the City Council Meeting of Monday August 18.)
Information provided to the Medical Society by our physician members indicates that the
popularity of e-bikes has led to a significant increase in riders involved in crashes over the
last three years, resulting in serious disability and death. Many of these physician members
practice in Marin County and have treated these injuries firsthand. We believe the proposed
ordinance will contribute to a reduction in injuries and fatalities related to the use of e-
bikes. We have also noted the strong support from the American College of Surgeons for
similar ordinance in neighboring jurisdictions.
We are very pleased to offer our support for this proposed ordinance amendment regarding
the operation of e-bike devices in San Rafael to promote safety and urge your “aye” vote.
Thank you for your leadership and partnership in reducing injuries and fatalities in our
community.
Please do not hesitate to contact us with any questions you might have. Conrad Amenta,
Executive Director of SFMMS, can be reached at camenta@sfmms.org, or (415) 706-3161.
Sincerely,
Jason Nau, MD
2025 President, San Francisco Marin Medical Society