ORDINANCE NO. 637-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING MURRIETA MUNICIPAL CODE CHAPTER 10.55, “BICYCLES, E-BIKES, AND E-SCOOTERS” TO UPDATE REGULATIONS GOVERNING THE OPERATION, SPEED, AND USE OF BICYCLES, ELECTRIC BICYCLES, AND ECONVEYANCES Summary: This ordinance updates the City’s regulations for the operation of bicycles, electric bicycles, and other e-conveyances within the City.
WHEREAS, the use of electric bicycles and other electric-powered conveyances has increased significantly within the City, particularly among minors, and that increased use presents new safety risks on public streets, sidewalks, and shared-use areas; and WHEREAS, high rates of speed, unsafe operation, and the operation of electric bicycles that do not meet the requirements of a Class I, Class II, or Class III electric bicycle under California Vehicle Code Section 312.5 pose risks to pedestrians, bicyclists, and motorists; and WHEREAS, areas with high pedestrian activity, including business districts, school zones, and public events, require enhanced safety measures to reduce the number of accidents and to prevent serious injuries from those accidents; and WHEREAS, the City seeks to promote safe and responsible use of electric bicycles through clear, enforceable regulations addressing speed, operation, and bicycle classification; and WHEREAS, the City Council finds that establishing restrictions in school zones, pedestrian priority zones, and during special events will protect vulnerable populations, including children and pedestrians; and WHEREAS, the City Council further finds that distracted operation of electric bicycles, including the use of handheld electronic devices, creates a risk to public safety; and WHEREAS, the City desires to align its local regulations with applicable provisions of the California Vehicle Code while addressing local conditions and community safety priorities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference.
SECTION 2. Section 10.55.020 of the Murrieta Municipal Code, “Enforcement”, is replaced, in its entirety, to read as follows (deletions indicated in strikethrough, additions in bold and italics):
“A. 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 Chapter.
Presumption of knowledge. Prior written notice of a violation of this Chapter provided to a parent or guardian through service of the City’s Parent Advisement form shall constitute prima facie evidence that the parent or guardian has knowledge of the conduct described in the notice.
Repeat offender. If a minor commits a second violation of this Chapter within 12 months of a prior violation, and written notice of the prior violation was provided to the parent or guardian, the parent or guardian and the minor shall be subject to enhanced administrative penalties as provided in Chapter 1.32.
Administrative citation. A parent or guardian who knowingly permits a minor to continue operating an electric bicycle or other electric-powered device in violation of this Chapter after receiving written notice of a prior violation may be issued an administrative citation in accordance with Chapter 1.26 of this Code.
Noncompliant electric-powered vehicles. No parent or guardian shall knowingly provide, permit, or authorize a minor to operate upon any public street, sidewalk, bicycle path, park, or trail an electric bicycle that does not qualify as a class 1, class 2, or class 3 electric bicycle under California Vehicle Code section 312.5.
Class 3 age restriction. Consistent with California Vehicle Code section 21213(a), no parent or guardian shall knowingly provide, purchase, permit, or authorize a minor under the age of 16 to operate upon any public street, sidewalk, bicycle path, park, or trail a class 3 electric bicycle as defined in California Vehicle Code section 312.5.
Penalty for violations. Except where state law establishes a different penalty, every person violating any provisions of this Chapter shall be subject to the penalties provided for in Chapter 1.32 of the Murrieta Municipal Code.
Electric bicycle criteria. An electric bike bicycle shall meet the following criteria:
Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
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 activated, will cause the electric motor to disengage or cease to function.
Have no modifications that alter A person shall not tamper with or modify an electric bicycle so as to change the its speed capability of the bicycle unless the electric bicycle is relabeled in compliance with the requirements of California Vehicle Code section 312.5 he or she appropriately replaces the label indicating the classification. It shall be unlawful to operate an electric bicycle which has been modified to exceed 28 miles per hour upon any roadway, sidewalks, trail or other public property in the city.
Diversion and dismissal of administrative citation.
For a first violation of this Chapter committed by a minor, the City may, in its discretion, offer participation in a diversion program in lieu of issuing an administrative citation. To successfully complete the diversion program, both the minor and the minor's parent or guardian must complete a City-approved electric bicycle safety education program within sixty (60) days of enrollment in the diversion program and provide proof of completion of the program in a form acceptable to the City within (60) days of enrollment.
If an administrative citation has already been issued for a first violation committed by a minor, the City may, in its discretion, dismiss the administrative citation upon proof that the minor and the minor's parent or guardian have successfully completed a City-approved electric bicycle safety education program within sixty (60) days of the date of the administrative citation.
Nothing in this subsection shall require the City to offer diversion or dismiss an administrative citation for a second or subsequent violation of this Chapter.” Storage, removal, and impoundment.
In addition to any other penalty that may be assessed pursuant to this Chapter, a police officer may remove, store, or impound a regulated mobility device when authorized by the California Vehicle Code or other applicable state law.
Removal or impoundment is authorized when:
a. The device is one that does not meet the definition of an electric bicycle contained in California Vehicle Code section 312.5 and is powered by an electric motor capable of propelling the device in excess of 20 miles per hour on a highway and is being operated by an operator who is not licensed to operate the device. b. The device is a Class 3 electric bicycle operated by a person under 16 years of age. c. Removal or impoundment is otherwise authorized by the California Vehicle Code or other applicable state law.
Promptly, and no later than five (5) business days, following the seizure of a regulated mobility device, the City shall provide written notice of the seizure to the operator and, if reasonably ascertainable, the registered owner or legal owner of the device. The notice shall include:
a. The reason for the seizure;
b. The location where the device is being stored;
c. The procedures and conditions for obtaining release of the device; d. Any applicable removal, storage, or administrative costs; e. Any applicable safety-course requirement authorized by California Vehicle Code section 22651.08; and f. Notice that an unclaimed device may be disposed of pursuant to Civil Code section 2080.6.
An e-conveyance impounded pursuant to this section shall be released to the registered owner, the operator, or their authorized agent after a minimum of forty-eight (48) hours, if both of the following conditions are met:
a. A request for release is submitted during normal business hours. b. All removal, seizure, and storage costs have been paid.
If a regulated mobility device is seized pursuant to paragraph E(2)(b), the City may, as a condition of release, require the owner, violator, or the parent or legal guardian of the owner or violator to provide proof that the violator has completed an electric bicycle safety and training program, as described in Section 894 of the Streets and Highways Code.
The City may recover its actual administrative costs related to the removal, seizure, and storage of a regulated mobility device seized pursuant to this section, provided such costs are listed on the City’s website and do not exceed the actual costs incurred by the City for removing, seizing, and storing the vehicle.
Any regulated mobility device impounded or seized by the City may be disposed of in accordance with Civil Code section 2080.6 provided that the:
a. Regulated mobility device has been held by the City for at least three (3) months and remains unclaimed; b. Regulated mobility device is sold at public auction to the highest bidder; and c. If the identity or address of the registered owner or legal owner is reasonably ascertainable from the device or from information available to the City, the City shall mail written notice of the proposed disposition to that owner at least twenty (20) days before the date of proposed sale. If the City cannot determine the registered owner or legal owner of the device, the City shall provide notice of the sale at least five days prior to the date set for the sale by publication in a newspaper of general circulation in Riverside County. Any regulated mobility device that remains unsold after being offered at public auction may be destroyed or otherwise disposed of by the City.” SECTION 4: A new Section 10.55.095 is added to the Murrieta Municipal Code, to read as follows:
“10.55.095 Reckless operation.
No person shall operate a bicycle or e-conveyance on a public roadway, highway, sidewalk, park, or private property open to the public in an unsafe manner.
Definition. For purposes of this Chapter, “unsafe” means operation in violation of any existing provision of the Murrieta Municipal Code or California Vehicle Code, or in a manner that creates an unreasonable risk of injury to another person or property.
Illustrative examples. Unsafe operation includes, but is not limited to, the following:
Riding on a sidewalk without due caution for pedestrians.
Failing to yield to vehicles or pedestrians as required by the California Vehicle Code.
Weaving, swerving, or maneuvering through or around stopped or slowed traffic in a manner that endangers persons or property.
Riding in groups in a manner that endangers persons or property.
Operating a bicycle or e-conveyance in a manner for which it is not designed, including carrying passengers.
Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path.
Racing with one or more other persons or conveyances.”
SECTION 5. Section 10.55.100 of the Murrieta Municipal Code, “Speed”, is replaced, in its entirety, to read as follows (deletions indicated in strikethrough, additions in bold and italics):
“A. No person shall operate a bicycle or e-conveyance at a speed greater than is reasonable and prudent under the conditions then existing, and in no event at a speed which endangers the safety of persons or property.
B. No e-conveyance operator shall travel person shall operate a bicycle or e-conveyance over 28 miles per hour on a public highway, trail, path, park, or other public property within the City.
C. No person shall operate a bicycle or e-conveyance at a speed greater than 20 miles per hour on a bicycle path or bicycle trail.
D. No person shall operate a bicycle or e-conveyance at a speed greater than ten (10) miles per hour on a sidewalk or five (5) miles per hour on a sidewalk when pedestrians are present.” SECTION 6. A new Section 10.55.105 is added to the Murrieta Municipal Code, to read as follows:
“10.55.105 Conduct and Operation.
Direction of travel. A person operating a bicycle or e-conveyance on a public roadway or bicycle lane shall travel in the same direction as vehicles are required to be driven upon the roadway. This section also applies to any sidewalk less than eight feet in width unless there is no accompanying sidewalk on the opposite side of the street.
Passengers. No person operating a bicycle or e-conveyance shall carry a passenger unless that bicycle or e-conveyance is designed to carry more than one person. If a bicycle or e-conveyance passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and protecting the passenger from the moving parts.
Cell phone use. No person shall operate a bicycle or e-conveyance while holding and actively using a handheld wireless telephone, mobile phone, or other electronic communication device. This subsection does not apply to the operator’s:
Use of a device for emergency purposes, including making an emergency call to law enforcement, a health care provider, a fire department, or other emergency service agency; Use of a device mounted to the handlebars, frame, or other fixed position on the bicycle or e-conveyance, provided the device is operated in a manner that does not require the operator to hold the device; Hands-free operation of a device, including voice-operated or voice-activated use; or Use of a device while the operator is stopped and not actively operating the bicycle or e-conveyance.
SECTION 7. A new Section 10.55.115 is added to the Murrieta Municipal Code, to read as follows:
“10.55.115 Side-by-Side Operation.
No person shall operate a bicycle or e-conveyance more than two abreast on a public roadway when doing so:
Unreasonably obstructs or impedes the normal movement of vehicular traffic; Creates a hazardous condition for pedestrians, bicyclists, motorists, or other lawful users of the roadway; or Prevents other traffic from proceeding lawfully within the available travel lane where it is safe and lawful to do so.
This section shall not apply when:
The bicycle or e-conveyance operator is lawfully occupying the lane as permitted by the California Vehicle Code; Riding more than two abreast is reasonably necessary to avoid hazardous conditions, debris, parked vehicles, pedestrians, animals, or other obstacles; or The bicycle or e-conveyance operator is complying with the lawful direction of a police officer or traffic control device.
This section shall be interpreted and enforced in a manner consistent with the California Vehicle Code and shall not be construed to prohibit conduct expressly authorized by state law.” SECTION 8. Section 10.55.140 of the Murrieta Municipal Code is renamed and replaced, in its entirety, to read as follows (deletions indicated in strikethrough, additions in bold and italics):
“10.55.140 Riding on sidewalks, playgrounds, etc. Riding in Pedestrian and Shared-Use Areas.
General permitted operation. Operating Riding bicycles and e-conveyances on any sidewalk, bicycle path, bicycle trail, or roadway is permitted unless prohibited by appropriate signs authorized pursuant to the terms of this Chapter.
Whenever any person is riding a bicycle or e-conveyance upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right-of-way to any pedestrian or person on horseback and shall give an audible signal before overtaking and passing pedestrians. Class 3 electric bicycles. Notwithstanding subsection A, no person shall operate a class 3 electric bicycle, as defined under California Vehicle Code § 312.5, on any sidewalk; provided, however, that this subsection shall not prohibit:
A person from walking a class 3 electric bicycle while dismounted; The crossing of a sidewalk by a class 3 electric bicycle for purposes of ingress to or egress from private property; or The crossing of a driveway apron.
No person shall ride or operate a bicycle or e-conveyance upon any playground, park or school ground not designated as a bicycle path or route unless specifically posted as authorized for such use. Duty to pedestrians. A person operating a bicycle or e-conveyance upon a sidewalk, bicycle path, or bicycle trail shall yield the right-of-way to any pedestrian or person on horseback and shall give an audible signal before overtaking and passing pedestrians.
Parks, playgrounds, and school grounds. No person shall ride or operate a bicycle or e-conveyance upon any playground, park or school ground not designated as a bicycle path or route unless specifically posted as authorized for such use. except:
On a designated bicycle path; or
Where such operation is expressly authorized by posted signage.
When posted, no person shall operate a bicycle or e-conveyance at any city permitted special events.
The operator of a bicycle or e-conveyance shall travel in the same direction as vehicles are required to be driven upon the roadway; regardless of whether or not the operator is in the roadway or in a bike lane. This section also applies to any sidewalk less than eight feet in width, unless there is no accompanying sidewalk on the opposite side of the street, or wherever posted signs prohibit such behavior. Pedestrian Priority Zones. The City Manager may designate certain areas as Pedestrian Priority Zones where pedestrian activity is high, and shall identify such zones by posted signage. No person shall operate a bicycle or e-conveyance within a Pedestrian Priority Zone. Operators shall dismount and walk the bicycle or e-conveyance within 500 feet of a designated Pedestrian Priority Zone.
A bicycle or e-conveyance operator shall not allow a person riding as a passenger, and a person shall not ride as a passenger, on a bicycle or electric bicycle upon a highway other than upon or astride a separate seat attached thereto. The section does not apply to any type of bicycle with an original factory seat designed to collectively accommodate the operator and passenger. If the passenger is four years of age or younger, or weighs 40 pounds or less, the seat shall have adequate provision for retaining the passenger in place and for protecting the passenger from the moving parts of the bicycle. Special events. No person shall operate a bicycle or e-conveyance at any city-permitted special event where prohibited signage is posted, including a festival, farmers market, parade, concert, or other event designated by the City Manager or designee.” SECTION 9. Section 10.55.150 of the Murrieta Municipal Code is renamed and replaced, in its entirety, to read as follows (additions indicated in bold and italics):
“10.55.150 Equipment Required and Permitted.
Required Equipment. Every bicycle and e-conveyance, when operated within the city, shall comply with all of the equipment requirements contained in California Vehicle Code § 21201, and this Chapter.
Compliance. No person shall operate on any public street, sidewalk, bicycle lane, bicycle path, park, or trail any bicycle or e-conveyance that does not meet the definition of a class 1, class 2, or class 3 electric bicycle under California Vehicle Code section 312.5, unless otherwise authorized by state law.
Presumption of noncompliance. For purposes of this Chapter, a vehicle is presumed not to qualify as a lawful class 1, class 2, or class 3 electric bicycle as defined in California Vehicle Code section 312.5 if one or more of the following conditions are present:
The vehicle is capable of attaining speeds in excess of those permitted for class 1, class 2, or class 3 electric bicycles under California law.
The vehicle has been modified or altered to increase motor power, speed capability, or performance beyond that authorized by California Vehicle Code section 312.5.
The manufacturer’s classification label required by law is absent, removed, obscured, or altered.
The vehicle is marketed, manufactured, or designed primarily for off-highway use, motocross use, or use as a motorcycle or motor-driven cycle.
The vehicle possesses features commonly associated with electric motorcycles or motor-driven cycles and not typical of electric bicycles, including but not limited to motorcycle-style foot pegs, frame construction consistent with a motorcycle design, or other design elements that materially deviate from the statutory definition of an electric bicycle.” SECTION 10. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 11. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any 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 passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 12. This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.
PASSED AND ADOPTED this ___ day of ________, 2026.
Jon Levell, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 26-_____ was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202_, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 637-26 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Introduced Ordinance:
Adopted Ordinance:
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 202__.
Cristal McDonald, City Clerk
01375.0001 2152782.12
01375.0001 2152782.12