April 29, 2025
Agenda Item No. 3
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
David Miner, Chief of Police - 949-644-3701, [email protected] PREPARED BY:
Kelley Maslin, Sergeant - 949-644-3694, [email protected] TITLE:
Ordinance 2025-6: Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach ABSTRACT:
For the City Council’s consideration is the amendment of Newport Beach Municipal Code (NBMC) Chapter 11.04 (Parks, Park Facilities, and Beaches) and the introduction of an ordinance to prohibit the operation of bicycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from operation on beaches within the City of Newport Beach.
RECOMMENDATIONS:
Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2025-06: An Ordinance of the City Council of the City of Newport Beach, California Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the Newport Beach Municipal Code Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach and pass to a second reading on May 13, 2025.
DISCUSSION:
The California Vehicle Code (CVC) classifies an e-bike as a bicycle equipped with an electric motor less than 750 watts, ranging in top speeds between 20-28 mph. There are three classes of e-bikes, defined as follows:
Class 1 Electric Bicycles provide assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 mph.
Class 2 Electric Bicycles operate via pedal-assist or throttle and ceases to provide assistance when the bicycle reaches a speed of 20 mph.
Class 3 Electric Bicycles provide assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 mph.
Class 1 and 2 e-bikes have no minimum age and no driver’s license requirements.
A helmet is required for those under 18. Class 3 e-bikes have a minimum age of 16, but do not require a driver’s license for operation. A helmet is required for all ages.
Electric bicycles have become more prevalent in the community, as have the number of complaints received by the Newport Beach Police Department regarding unsafe riding practices. As a beach community, the city is fortunate to have a boardwalk, which offers a unique set of challenges and safety concerns for pedestrians and others choosing to utilize this beautiful pathway.
In an effort to increase boardwalk safety, in June of 2023, the Newport Beach Police Department implemented the Boardwalk and Quality of Life Enforcement Program. Police Department employees assigned to the program take enforcement action in conjunction with providing education on relevant statutes and codes. This objective is achieved with verbal counseling and guidance, but also with citations written for CVC and NBMC violations, and effecting arrests where appropriate. The Boardwalk and Quality of Life Enforcement Program is staffed by Newport Beach Police Department officers on an overtime basis.
To highlight the increase in the prevalence of e-bikes surrounding the beaches and boardwalk, the number of e-bikes stops conducted by officers working the Boardwalk and Quality of Life Enforcement Program rose from 139 in 2023, to 292 in 2024. These numbers solely reflect stops of e-bikes conducted by officers working this overtime assignment, and do not take into account officers stopping e-bikes as part of their normal patrol shifts, or e-bike stops in other parts of the city.
In addition to the increased number of e-bikes on the boardwalk, officers working the Newport Beach Peninsula area have recently observed a significant increase in the number of e-bikers riding their bikes on the sand. This poses a significant risk to beachgoers for a variety of reasons. The speed capacity of the e-bikes as articulated above, in combination with the terrain of the beach (which includes sand berms with limited visibility), and large crowds during summer months, could lead to disastrous consequences for beachgoers who aren’t accustomed to looking out for vehicles while enjoying the sand.
In addition to the safety concerns, e-bikers have been riding on the sand dunes, which are considered an Environmentally Sensitive Habitat Area (ESHA). Sand dunes provide nesting and shelter for several species of endangered birds and provide habitat for such rare species as the California legless lizard and several species of Blue Butterfly. It is imperative to keep e-bike riders off of these dunes in order to preserve this fragile habitat area and prevent unnecessary destruction.
In an effort to proactively address the situation and enhance public safety, the Newport Beach Police Department seeks to amend NBMC Chapter 11.04 (Parks, Park Facilities, and Beaches) to prohibit the operation of cycles, electric bicycles, electrically motorized boards, motorized bicycles, motorized scooters, pedicabs, and surrey cycles from being operated on the City’s beaches.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A – Ordinance No. 2025-06
Attachment B – Redline of NBMC Chapter 11.04.080
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Amending Chapter 11.04 (Parks, Park Facilities, and Beaches) of the NBMC Related to the Use of Bicycles, Electric Bicycles, and Other Such Devices on the Beach April 29, 2025
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