ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM ADDING CHAPTER 14.72 TO TITLE 14 OF THE
ANAHEIM MUNICIPAL CODE REGARDING THE
OPERATION OF MOTORIZED WHEELED CONVEYANCES
IN THE CITY OF ANAHEIM
WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations to safeguard the public peace, safety and welfare of the City of Anaheim (the "City") and its residents; and
WHEREAS, the 2023-2024 Orange County Grand Jury report, titled "E-Bikes Friend or Foe,” examined the complex challenges posed by the increasing use of E-bikes.
The report revealed a lack of uniform regulations across the county’s 34 cities, which often leads to inconsistent enforcement and public confusion. One of the Grand Jury’s recommendations was for cities across the county to adopt specific policies that define the rules of the road for the use of E-bikes in their communities; and WHEREAS, the City Council recognizes that electric bicycles have increased in popularity with a 269% increase in sales from 2019-2022 with over a million electric bicycles being sold every year; and
WHEREAS, new models are emerging that do not fit into existing legal categories, creating legal ambiguities and complicating enforcement efforts; and WHEREAS, E-bikes evolve beyond current definitions, enforcing regulations related to licensing, age, and equipment has become challenging; and WHEREAS, in order to address these issues, updates to the City’s Municipal Code are necessary; and
WHEREAS, these changes would provide the Anaheim Police Department with the necessary tools to enforce safety regulations effectively, ensuring the wellbeing of residents and visitors; and
WHEREAS, the City Council desires to promote the safe operation of E-bikes 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 “motorized wheeled conveyances”), while maximizing transportation and recreational opportunities; 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, bike paths, bike 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 Anaheim Municipal Code.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Chapter 14.72 is hereby added to the Anaheim Municipal Code to read in full as follows:
Chapter 14.72 MOTORIZED WHEELED CONVEYANCES
14.72.010 PURPOSE.
.010 The purpose of this Chapter is to implement reasonable regulations on the operation and use of motorized wheeled conveyances pursuant to the City’s police power to protect the public health, safety and welfare, to better promote the safe use and operation of motorized wheeled conveyances, to prevent vehicular and pedestrian conflicts and other traffic hazards, and to enhance pedestrian and motorist safety.
14.72.020 DEFINITIONS.
For purposes of this Section:
.010 “Electric Bicycle” or “E-Bike” shall have the same meaning as set forth in California Vehicle Code Section 312.5 (a), as it may be amended from time to time, meaning a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts.
.020 “Motorized Board” shall have the same meaning set forth in California Vehicle Code Section 313.5, as it may be amended from time to time, meaning 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 surface is no more than 20 MPH.
.030 “Motor Driven Cycle” shall have the same meaning set forth in California Vehicle Code Section 405, as it may be amended from time to time, meaning a motorcycle with a motor that displaces less than 150 cubic centimeters. A motor-driven cycle does not include a motorized bicycle, as defined in California Vehicle Code Section 406. .040 “Motorized Scooter” shall have the same meaning set forth in California Vehicle Code Section 407.5(a), as it may be amended from time to time, meaning any two- wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor. This device may also be designed to be powered by human propulsion.
For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in California Vehicle Code Section 405, or a motorized bicycle or moped, as defined in California Vehicle Code Section 406, is not a motorized scooter. .050 “Moped or Motorized Bicycle” shall have the same meaning set forth in California Vehicle Code Section 406(a), as it may be amended from time to time, meaning a two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, has an automatic transmission, and a motor which produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 MPH on level ground.
.060 “Motorized Wheeled Conveyance” means any electric bicycle, motor-driven cycle, moped or motorized bicycle, motorized scooter, electric or combustible motorized skateboard/scooter, electric personal assistive mobility device as defined in California Vehicle Code Section 313 (e.g., SegwaysTM), dirt bike, mini bike, mini motorbike, motor driven cycle, mini motorcycle, go-kart, go-ped, moped, pocket bike, all-terrain vehicle, quad runner, dune buggy or any similar electric or combustible motorized wheeled conveyance.
.070 “Pocket bike” shall have the same meaning set forth in California Vehicle Code Section 473(a), meaning a two-wheeled device having a seat or saddle for the use of the rider that is not designated or manufactured for highway use. A pocket bike does not include an off-highway motorcycle as defined by California Vehicle Code Section 436.
14.72.030 UNLAWFUL OPERATION OF MOTORIZED WHEELED CONVEYANCE. .010 It shall be unlawful and a violation of this Chapter for any person to operate a Motorized Wheeled Conveyance in an unsafe manner on any street, road, highway, sidewalk, bike path, bike lane, trail, park, or upon any private property which is held open to the public for pedestrian travel. Operating a Motorized Wheeled Conveyance in an unsafe manner includes any one or more of the following:
.0101 Violating any Anaheim Municipal Code, California Vehicle Code, or other existing law.
.0102 Intentionally swerving or riding around stopped or slowed traffic. .0103 Operating a Motorized Wheeled Conveyance in a manner it was not designed for, including carrying passengers when not intended for carrying passengers.
.0104 Not obeying posted signs or signals.
.0105 Riding a Motorized Wheeled Conveyance without a properly fitted and fastened helmet if the rider is under 18 years of age.
.0106 Intentionally lifting one or more wheels of a Motorized Wheeled Conveyance into the air while riding on a highway, bike lane or bike path. .0107 Attempting to perform any acrobatic trick or stunt. .0108 Operating a Motorized Wheeled Conveyance any manner that endangers the operator, passengers, other motorists, other riders, or pedestrians in the area.
.0109 Operating on any street, sidewalk, road, highway, or bicycle lane against the direction of traffic.
.0110 Operating upon any public drainage facility, culvert, ditch or channel. .0111 Operating at a speed greater than 20 MPH on any street, road, highway, bicycle path, bicycle lane, or other area generally open to public access, or at any speed greater than is reasonable or prudent under the conditions then existing.
.0112 Failing to yield to pedestrians.
.0113 Operating at a speed greater than 5 miles per hour on a sidewalk. .0114 Operating while hitched to or physically attached to any moving vehicle or motorized device.
.0115 Operating while failing to yield the right-of-way to any and all pedestrians or failing to yield the right-of-way to a vehicle upon entering a roadway or driveway from a sidewalk.
.0116 Operating in any Public Park as defined under Section 13.08.010 of the Code.
.0117 Operating upon any unpaved hiking, equestrian, or walking trail. .0118 Operating at a speed greater than 10 miles per hour on any paved trail. .0119 Tampering with or modifying a regulated motorized wheeled conveyance 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.
.0120 Operating a motorized wheeled 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.
.0121 Operating a motorized conveyance while under the influence of alcohol, drugs, or a combination of alcohol and drugs. A violation of this subsection shall be punishable as a misdemeanor.
14.72.040 EXEMPTIONS.
This chapter shall not apply to a pedestrian, which includes a person who is operating a self- propelled wheelchair, motorized tricycle, or motorized quadricycle and, by reason of physical disability, is otherwise unable to move about as a pedestrian, as defined under California Vehicle Code Section 467(a).
14.72.050 PENALTIES.
A violation of this chapter shall be deemed an infraction, unless specifically outlined as a misdemeanor.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ____________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
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