ORDINANCE NO. 2025-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 12.56 (BICYCLES
REGISTRATION AND REGULATIONS) OF THE
NEWPORT BEACH MUNICIPAL CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach (“City”),veststhe CityCouncilwith the authorityto make and enforce alllaws, rules and regulationswith respect to municipal affairssubject only to the restrictionsand limitationscontained in the City Charter and the State Constitution,and the power to exercise,or act pursuant to any and allrights,powers, and privilegesor procedures grantedorprescribedby any law oftheStateofCalifornia;
WHEREAS, Chapter 12.56 (Bicycles- Registrationand Regulations) of the Newport Beach MunicipalCode (“NBMC”) regulates theuse of bicycleswithinthe city; WHEREAS, electricbicycles (with new models continuing to emerge) have become an increasinglypopular mode oftransportation,but are not currentlyaddressed inChapter 12.56 (Bicycles- Registrationand Regulations); WHEREAS, the increased use of electricbicycles has contributed to a rise in accidentsand injuries,creatinga need to update localregulationsto enhance the safety of pedestrians,cyclists,and motorists;and
WHEREAS, the City Council desires to repeal Chapter 12.56 (Bicycles - Registrationand Regulations)initsentiretyand adopt a new Chapter 12.56 (Bicycles- And SimilarDevices - Registrationand Regulations),as provided herein.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Chapter 12.56 (Bicycles- Registrationand Regulations)of theSection 1:
Newport Beach MunicipalCode ishereby repealedinitsentiretyand replaced with the provisionsset forthin Exhibit“A,"which isattachedhereto and incorporated herein by this reference.
Section 2: The City’sTrafficEngineer is hereby directedto erect or place appropriatesignsgivingnoticeofthe regulationsimposed by thisordinance.
ATTACHMENT A
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Ordinance No. 2025-
Section 3: The recitalsprovided inthisordinance are true and correct and are incorporatedintothe substantiveportionofthisordinance.
If any section,subsection,sentence, clause or phrase of thisSection 4:
ordinance isforany reason held to be invalidor unconstitutional,such decision shall not affectthe validityor constitutionalityof the remaining portions of this ordinance. The CityCouncilhereby declaresthatitwould have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespectiveof the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
The City Council finds the introduction and adoption of thisSection 5:
ordinance isnot subjectto the CaliforniaEnvironmental QualityAct (“CEQA”) pursuant to Sections 15060(c)(2)(theactivitywillnot resultin a director reasonably foreseeable indirectphysicalchange in the environment) and 15060(c)(3)(the activityis not a projectas defined in Section 15378) of the CEQA Guidelines,California Code of Regulations,Title14, Division6, Chapter 3, because ithas no potentialfor resultingin physicalchange tothe environment,directlyor indirectly.
Except as expressly modified in thisordinance, allother sections.Section 6:
subsections, terms, clauses and phrases set forthinthe NBMC shallremain unchanged and shall be in fullforce and effect.
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Ordinance No. 2025-
The Mayor shallsign and the CityClerk shallattestto the passageSection 7:
of thisordinance. The CityClerk shallcause the ordinance,or a summary thereof,to be publishedpursuantto CityCharter Section414. This ordinance shallbe effectivethirty (30)calendar days afteritsadoption.
This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach heldon the 4th day of November, 2025, and adopted on the 18th day of November, 2025, by the followingvote,to-wit;
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Lena Shumway, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY’S OFFICE
Aaron C. Flaito,CityAttorney
ExhibitA - Chapter 12.56 (Bicyclesand SimilarDevices
-
Registrationand Regulations)
Attachment(s):
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EXHIBIT A
Chapter 12.56
BICYCLES AND SIMILAR DEVICES—REGISTRATION AND REGULATIONS Sections:
12.56.010 Definitions.
12.56.025 Voluntary Licensing.
12.56.030 Operating on Sidewalks.
12.56.040 Operating a Surrey Cycle or Pedicab.
12.56.050 Designation of BicycleLanes.
12.56.060 Safe Operation.
12.56.070 Placement of Appropriate Signs.
12.56.080 Penalties,Impoundment and Diversion.
12.56.010 Definitions.
As used in this chapter, the following terms and words shall have the following meanings;
“Bicycle”has thesame meaning as definedinCaliforniaVehicle Code Section 231. “Bicyclelane”means a portionof a roadway thathas been designated by striping, signage,orpavement markingsforthepreferentialor exclusive use of bicycles. “Electricbicycle”has the same meaning as definedin California Vehicle Code Section 312.5.
“Electricallymotorized board” has the same meaning as defined in California Vehicle Code Section 313.5.
“Motorizedbicycle”has the same meaning as defined in California Vehicle Code Section 406.
“Motorized scooter” has the same meaning as defined in California Vehicle Code Section 407.5.
“Motorized wheeled conveyance” means any electricbicycle,electricallymotorized board, motorized bicycle,or motorized scooter, or any similarelectricor combustible motorized wheeled conveyance.
“Pedicab” has the same meaning as defined inCaliforniaVehicle Code Section 467.5. 3-7
“Publicplaza”means an open publicarea thatisowned or controlledby the State,the County, the City,or otherpublicentitythathas been physicallyimproved, which allows access to the beach, a boardwalk, or public pier,and where people can gather. “Publicrights-of-way”or “publicright-of-way”means a public roadway, highway, street, sidewalk,path,trail,plaza, bicyclelane,boardwalk, or alleyway that islocated withinthe jurisdictionalboundariesofthe Cityand subjecttothe City’sregulatoryauthority. “Surrey cycle”means a bicycle or electricbicyclewith seating for one (1) or more persons which iswhich has four(4)or more wheels.
12.56.025 Voluntary Licensing.
A. Any person who isa residentofthe Citymay applyto the Police Department for a bicycle or electricbicycle license.Motorized bicycles shall be licensed by the Department of Motor Vehiclesand require aDriver’sLicense to operate.
B. Fees forbicycleor electricbicyclelicenseissuance or renewal, shall be established by resolutionofthe CityCouncil.Fees shallbe waived for all individuals who obtain a bicycleorelectricbicyclelicenseor renewal ata City sponsored bicycle safetyprogram.
12.56.030 Operating on Sidewalks.
A. Prohibition.No person shalloperate or ridea bicycle or electricbicycle upon any sidewalk except where such operationisspecificallydesignated by resolutionof the City Council or as otherwise authorized in subsection (B).
B. Exceptions.The provisionsofthissectionshallnot apply to:
1. A mobilityaid used by a person to assist with adisability.
2. Tricycleswhich measure lessthan one ofthe following:
a. Eighteen (18)inches from ground leveltothe neck joint, b. Twenty-four (24)inches inwidth measured from the outer rear wheels, c. Eighteen (18)inches infronttirediameter,or
d. Twelve (12) inches in reartirediameter.
3. Any bicycle orelectricbicycleoperated by a Cityemployee or contractorwhen actingwithinthe course and scope of hisor her employment.
4. Sidewalks fronting residentialdwelling units in residential neighborhoods, unless otherwise signed or marked.
12.56.040 Operating a Surrey Cycle or Pedicab.
A. No person shalloperate or ridea surrey cycle or pedicab upon any sidewalk, boardwalk or any publicpierinthe City.
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B. Any person who operatesa surreycycleor pedicab rentalservice,shop or facility must informeach person who rents a surrey cycle or pedicab at the time of the rental,in writing, ofthe restrictionscontained inthissection.Each rentalsurrey cycle or pedicab shallbe posted to clearlyinform each riderof the particularareas in the City where surrey cyclesand pedicabs are prohibited.
C. Any person who operates a surreycycleor pedicab rentalservice,shop or facility, shallaffixto each rented surrey cycle or pedicab, a flag of sufficientsize and color to increasevisibilityof the surreycycle or pedicab.The flag,which shallbe of international orange or similarcolor,and of sufficientsizeto enhance the visibilityof the surrey cycle or pedicab,shallbe affixedso thatitreaches three(3)feet above the highest portionof the surrey cycle or pedicab.
12.56.050 Designation of Bicycle Lanes.
The CityTrafficEngineer isauthorizedto designatebicycle lanes on streetsand shall mark and signthem inconformance withCaliforniaVehicleCode Section 21400.
12.56.060 Safe Operation.
A. No person shalloperate or ridea motorized wheeled conveyance upon any public right-of-way,or withinany publicpark in a manner that is unsafe or that creates an unreasonable riskof injury toany person or damage to any property.
B. Examples of operatingor ridinginan unsafe manner include, but are not limitedto, the followingactions:
1. Riding on a sidewalk designated as permissiblewithout due caution for pedestrians,which shallinclude,but not be limitedto, weaving between pedestrians, operatingan electricbicycleatfullpower on crowded sidewalks, ridingwhile distracted, or riding atnightwithoutlights.
2. Ridingon a publicright-of-wayagainstthe flowof traffic.
3. Failingto yield to vehicles or pedestrians when required by the California Vehicle Code.
4. Intentionallyswerving or ridingaround stopped or slowed traffic.
5. Carrying passengers on bicyclesor electricbicyclesnot designed or equipped for multipleriders.
6. Disobeying posted trafficsigns,pavement markings or trafficcontrolsignals.
7. Ridingwithouta properlyfittedand fastened helmet when under the age of 18.
8. Intentionallyliftingone or more wheels offthe ground while riding. 3-9
9. Riding on public right -of-way at a speed greater than reasonable or prudent under the existing conditions, or at a speed which endangers the safety of persons or property.
10. Failing to utilize a designated bicycle lane when signs are posted requiring such use.
12.56.070 Placement of Appropriate Signs.
W
henever this Code or any ordinance or resolution of the City designates any portion of a sidewalk to allow cycling , the City Traffic Engineer shall place and maintain signs giving notice thereof.
12.56.080 Penalties, Impoundment, and Diversion.
A. Un
lawful Acts. It shall be unlawful for any person to violate any provisions of, or to fail to comply with, any of the requirements of this chapter.
B. Enforcement and Impoundment. In addition to the fines and penalties that may be assessed to a minor pursuant to this Code, the Chief of Police or any officers of the Newport Beach Police Department charged with enforcing this chapter , may impound the motorized wheeled conveyance operated in violation of this chapter . Upon impoundment of a motorized wheeled conveyance, the minor shall be provided with written notice that possession of the impounded motorized wheeled conveyance shall be retained until released to a responsible adult. Motorized wheeled conveyances impounded and retained by the Police Department for more than ninety (90) days shall be deemed abandoned and may be disposed of as restricted by Civil Code Sections 2080.1, 2080.2, 2080.3, 2080.4 and 2080.5. The responsible adult shall be responsible for any impound fees adopted by resolution of the City Council.
C. Diversion Program. The Chief of Police shall establish and administer a motorized wheeled conveyance diversion program designed to educate violators on safe riding practices and applicable traffic laws. Participation in the diversion program shall be offered to minors who are first -time offenders and may, in the discretion of the Chief of Police, be offered to other violators. If the diversion program is successfully completed by the violator, or in the case of a minor, by the minor and the minor’s parent or guardian, the City Attorney is authorized not to file the citation, dismiss the citation and waive any penalties related thereto. T he diversion program shall include, but not be limited to, instruction on: (1) t raffic laws applicable to the use of motorized wheeled conveyances; (2) s afe and courteous riding practices; (3) t he proper use of safety equipment; and (4) t he responsibilities of cyclists in shared public spaces. A fee for participation in the diversion program shall be established by resolution of the City Council.
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