HomeMy WebLinkAboutOrdinance 2051 (Electric Bicycle Safety Regulations)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2051
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
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 18th day of August 2025;
a SUMMARY of Ordinance No. 2051 was published as required by City Charter in the
MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 2nd day of September 2025, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
3rd day of Septmeber 2025
______________
LINDSAY LARA, City Clerk
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ORDINANCE NO. 2051
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
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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
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(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)).
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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:
NOES:
ABSENT:
COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
COUNCILMEMBERS: None
COUNCILMEMBERS: None
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk