DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AG EN DA REPORT City of Poway
October 7, 2025
Honorable Mayor and Members of the City Council
Alan Fenstermacher, City Attorney
Alan Fenstermacher, City Attorney
[email protected]
CITY COUNCIL
Amendment to Poway Municipal Code to Regulate Electric Bicycles The City of Poway, like other cities in San Diego County, has seen an increase in use of electric bicycles (e-bikes) .. The
increasing popularity and usage of these devices, particularly amongest children, has resulted in numerous complaints from the public and concerns raised by the San Diego County Sheriffs Office , with whom the City contracts for law enforcement services. The state legislature recently passed Assembly Bill (AB) 2234, which allows cities in San Diego County only to adopt ordinances prohibiting
children under 12 years of age from operating electric bicycles. The proposed Ordinance (Attachment A) would do just that, as well as impose additional restrictions and regulations on all e-bike operations in the City.
Recommended Action:
It is recommended the City Council introduce the Ordinance for first reading by title only, waive further reading, and schedule the adoption of the Ordinance for the October 21, 2025 Regular City Council Meeting.
Discussion:
At
the City Council's September 16, 2025 meeting, Poway's School Resource Officer from the San Diego County Sheriff's Office - Marshall Abbott - provided the Council with a presentation regarding e-bike use, rules, and safety, particularly by minors around schools. Several members of the public expressed concern about e-bike usage in the City. The City Council directed staff to draft and recommend
a proposed Ordinance (Attachment A) to regulate e-bike usage in the City, which is currently unregulated.
State law defines three types of e-bikes - Class 1, Class 2, and Class 3. State law already requires operators of Class
3 e-bikes to be 16 years old. Effective January 1, 2025, AB 2234 adopted a "pilot program" that permits cities in San Diego County only to prohibit individuals under 12 years old from operating Class 1 or Class 2 e-bikes. AB 2234 requires that violations of this prohibition on riders under 12 years old be punishable only with a warning for the first 60 days, and then a maximum of a $25 fine
thereafter. Violations of state law regarding Class 3 e-bikes or other violations of the proposed 1 of 9
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Ordinance would not be so limited.
The proposed Ordinance (1) imposes the AB 2234 minimum age requirements (12 or older) for operating Class 1 and Class 2 e-bikes and maximum allowable fine; (2) codifies the state law minimum age for operating a Class 3 e-bike (16 years old); (3) requires all e-bike riders under 18 to wear a helmet; (4) prohibits any operator under 18 from transporting passengers on e-bikes; (5) imposes maximum speeds; and (6) imposes other safety rules, including mandating compliance with traffic laws, traffic control devices, prohibits use outside of sidewalks, bike trails, pathways and roadways, and requires e-bikes to keep adequate distance from, and yield to, pedestrians and equestrians.
Should the City Council adopt the ordinance, City Staff will work with the Sheriffs Office, as well as Poway Unified School District (PUSD) to educate the public about the new regulations surrounding e bikes usage in the City of Poway. Information will be available on the City's website, as well as social media, and in the City's monthly e-newsletter. Following the two-step process of adoption, first reading at the October 7, 2025 meeting, and adoption scheduled for the October 21, 2025 City Council meeting, the new regulations would not take effect until late November and there would be an additional 60 day period where only warnings would be issued for violations.
The Ordinance also repeals an outdated registration/license program for all bicycles (PMC Chapter
10.56), which is no longer in use.
Environmental Review:
None.
Fiscal Impact:
There is no direct fiscal impact associated with the recommended action.
Public Notification:
None.
Attachments:
A. Ordinance Amending Title 1 O of the Poway Municipal Code Reviewed/Approved By: Reviewed By: Approved By:
Assistant City Manager
Alan Fenstermacher
City Attorney
Chris Hazeltine
City Manager
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING TITLE 10 ( VEHICLES AND
TRAFFIC) OF THE POWAY MUNICIPAL CODE TO ESTABLISH
REGULATIONS ON ELECTRIC BICYCLES , INCLUDING
PROHIBITING THEIR USE BY CHILDREN UNDER 12
WHEREAS, the City Council of the City of Poway wishes to adopt rules regarding the use of electric bicycles within the City;
WHEREAS, pursuant to article XI, section 5 of the California Constitution and Government Code section 37100, the legislative body of a city may pass ordinances not in conflict with the Constitution and laws of the State or the United States; WHEREAS, use of electric bicycles is an ever-growing public safety concern; w ith the increasing popularity and usage of these devices, particularly among children, traffic safety concerns have been raised by the San Diego Sheriff’s Office, necessitating rules and regulations applicable to these devices to ensure a safer community; WHEREAS, collisions involving electric bicycles result in greater damage to all vehicles, property and individuals involved when compared to traditional bicycle accidents; WHEREAS, Assembly Bill 2234, effective in 2025, added California Vehicle Code section 21214.7, which authorizes local governments in San Diego County to adopt pilot program ordinances prohibiting children under 12 years of age from operating Class 1 or Class 2 electric bicycles, as defined in California Vehicle Code section 312.5, subject to certain requirements; WHEREAS, at the September 16, 2025 City Council meeting, the City Council directed staff to draft and present an ordinance regulating the use of electric bicycles for its consideration; and
WHEREAS, the proposed electric bicycle amendments are exempt from environmental review under the California Environmental Quality Act because they are regulatory and enforcement measures that will not result in any direct or indirect physical impacts on the environment, and which are further exempted from review under the California Environmental Quality Act per California Code of Regulations, title 14, section 15321, which exempts enforcement of laws, general rules, standards, and objectives administered or adopted by the agency from environmental review.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: Chapter 10.57 ( Electric Bicycles) of the Poway Municipal Code (PMC) is hereby added to Title 10 to read as follows:
10.57.010 Scope
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ATTACHMENT A
Ordinance No.***
This division shall apply to the use and control of electric bicycles operated upon any City streets, sidewalks, public paths set aside for the use of bicycles, and other property under the jurisdiction of the City of Poway. The provisions contained herein are enacted pursuant to Vehicle Code Division 16.7 (Vehicle Code § 39000 et seq. ), and any rules and regulations adopted thereunder, pertaining to the licensing of bicycles, and California Vehicle Code § 21206 pertaining to the regulation of the operation, use and equipment of bicycles, and are not intended to conflict in any way with the provisions thereof.
10.57.020 Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle: Bicycle has the same meaning as in California Vehicle Code § 231, as it may be amended by the State Legislature. "Bike" shall mean the same as "bicycle," and the terms may be used interchangeably.
Bicycle dealer: Any person who sells, gives away, buys or takes in trade for the purpose of resale more than five bicycles or e-bikes in any one calendar year, whether or not such bicycles or e- bikes are owned by such person or entity. The term also includes agents or employees of such person or entity.
Bicycle lane: Bicycle lanes have the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature.
Bicycle path: A bicycle path has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature. A bicycle path may also be referred to as a bicycle trail.
Bicycle route: A bicycle route has the same meaning as in California Streets and Highways Code § 890.4, as it may be amended by the State Legislature.
Electric bicycle: An “electric bicycle” has the same meaning as in California Vehicle Code § 312.5(a), as it may be amended by the State Legislature. “E-bike” shall mean the same as “electric bicycle,” and the terms may be used interchangeably.
Class 1 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(1), as it may be amended by the State Legislature.
Class 2 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(2), as it may be amended by the State Legislature.
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Ordinance No.***
Class 3 electric bicycle: has the same meaning as in California Vehicle Code § 312.5(a)(3), as it may be amended by the State Legislature.
Highway: A “highway” has the same meaning as in California Vehicle Code § 360, as it may be amended by the State Legislature.
Traffic: The term “traffic” has the same meaning as in California Vehicle Code § 620, as it may be amended by the State Legislature.
Any vehicles not specifically defined in this code shall share their meaning contained within the California Vehicle Code, as these meanings may be amended by the State Legislature.
10.57.030 Operational Regulations
A. Applicability of traffic laws.
Every person riding an electric bicycle upon a street and/or sidewalk shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under the laws of the State pertaining to the rules of the road, or by the terms of this Code or other ordinances of this City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application to electric bicycles and except as otherwise provided in this division.
Nothing in this division overrides any State regulations pertaining to the operation of electric bicycles or other motor vehicles.
Pursuant to California Vehicle Code § 21113, the provisions of the California Vehicle Code relating to traffic upon the highways shall apply to all driveways, paths, parking facilities, and grounds (including but not limited to parks) under the control of the City of Poway where public traffic (as defined in this code) is permitted. Violations of the California Vehicle Code will be enforced and prosecuted according to its provisions.
Nothing in this code prohibits a peace officer, as permitted in the course of his or her official duties, from operating any motor vehicle, bicycle, electric bicycle, equestrian animal, or other official conveyance on any property under the control of the City of Poway.
B. Obedience to traffic-control devices.
It shall be unlawful for any person operating an electric bicycle to fail to obey the instructions of official traffic -control signs and other traffic - control devices applicable to vehicles or bicycles, unless otherwise directed by a police officer.
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Ordinance No.***
10.57.040 Minimum Age to Operate Electric Bicycles
A. No person under 12 years of age may operate or ride a Class 1 or Class 2 electric bicycle within the City pursuant to California Vehicle Code § 21214.7.
B. No person shall knowingly permit a person under 12 years of age to operate a Class 1 or Class 2 electric bicycle within the City.
C. No person under 16 years of age may operate or ride a Class 3 electric bicycle within the City , as required by California Vehicle Code § 21213.
D. No person shall knowingly permit a person under 16 years of age to operate a Class 3 electric bicycle within the City.
10.57.050 Restrictions for Passengers on Electric Bicycles A. No operator under 18 years of age may transport any passengers on any electric bicycle.
B. All persons operating an electric bicycle or riding as a passenger on an electric bicycle shall ride on a permanent and regular seat attached to the electric bicycle, or on a separate seat attached thereto, as required to comply with the requirements of California Vehicle Code § 21204.
10.57.060 Helmet Requirements
A person under the age of 18 must wear a properly fitted and fastened bicycle helmet when riding a bicycle or electric bicycle on a public roadway, bikeway, bicycle path, bicycle trail, or sidewalk. All bicycle and electric bicycle passengers under the age of 18 must also wear a properly fitted and fastened bicycle helmet.
All people operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code by wearing a properly fitted and fastened bicycle helmet.
10.57.070 Speed
A. No person shall operate an electric bicycle at a speed greater than is reasonable and prudent under the existing conditions, and in no event at a speed which endangers the safety of persons or property.
B. No electric bicycle operator shall travel over 28 miles per hour on a public highway. No electric bicycle operator shall travel over 10 miles per hour on a sidewalk. No electric bicycle shall travel at a speed greater than 5 miles per hour on any sidewalk in a school zone or sidewalk adjacent to any school when children are present.
C. No person shall operate an electric bicycle on a bicycle path or bicycle trail at a speed greater than 20 miles per hour, and in any event at a speed greater 6 of 9
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Ordinance No.***
than is reasonable or prudent under the existing conditions, or at any speed which endangers the safety of persons or property.
10.57.080 Parking
A. No person shall leave an electric bicycle lying on its side on any sidewalk, nor shall park an electric bicycle upon the public right -of-way, nor against a building or at a curb, except in such a manner as to afford the least obstruction to pedestrian traffic.
B. No person may leave an electric bicycle lying on its side on any private property that is open to the public in such a manner as to obstruct pedestrian or vehicular traffic.
C. Where appropriate signs are erected, no person shall park an electric bicycle on a public highway in the area designated by such signs.
10.57.090 Operating Electric Bicycles
A. Riding of electric bicycles on any sidewalk, bicycle path, bicycle trail, or roadway is permitted unless prohibited by appropriate signs authorized pursuant to the terms of this division.
B. Whenever any person is riding a bicycle or electric bicycle upon a sidewalk, bicycle path, or bicycle trail, such person shall yield the right -of-way to any pedestrian or equestrian, shall give an audible signal before overtaking and passing pedestrians or equestrians, and shall keep a minimum distance of three (3) feet from any pedestrians or equestrians.
C. No person shall ride or operate an electric bicycle upon any playground, park or school ground not designated as a bicycle path or route.
D. The operator of an electric bicycle 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.
E. Persons riding electric bicycles shall ride upon the appropriate and designated bike trails, pathways, and roadways within parks. No person shall ride an electric bicycle upon any tennis court, shuffleboard facility, soccer field, baseball/softball field, passive lawn areas (natural or synthetic), bocce court, pickleball court, basketball court, water/sediment detention basins, or any other sport-related facility or open field. No person may operate an electric bicycle in any manner that endangers any person (including self) or property. 7 of 9
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Ordinance No.***
10.57.100 Enforcement and Penalties
A. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter or any regulation adopted hereunder.
B. For the first 60 days after the effective date of this chapter, the punishment for a violation of this Chapter shall be a warning notice.
C. After the first 60 days following the ef fective date of this chapter, violations shall be punishable as follows:
1. A violation of 10.57.040(A)-(B) shall be an infraction with a fine of $25 pursuant to California Vehicle Code § 21214.7.
2. All other violations shall be punishable as an infraction unless City officials or peace officers, upon investigation, determine that the circumstances warrant charging them as misdemeanors. All violations, excluding a violation of 10.57.040(A)-(B), carry a fine of $50 for the first conviction and $100 for the second conviction. A maximum fine of up to $250 may be imposed for each conviction thereafter.
D. If an
unemancipated minor violates this chapter, that minor’s parent(s) or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of the fine imposed, as well as for all other consequences and liability resulting from violations of this Chapter.
E. Any person cited and convicted of three (3) or more infractions of this chapter may be barred from the use of electric bicycle s in City -owned parking structures, lots, parks, or other City facilities.
F. The City shall have the authority to seize and confiscate any electric bicycle operated in violation of these provisions if the owner is not present or cannot be present in a reasonable amount of time. The owner and the owner’s legal guardian will be jointly and severally will be responsible for payment of any associated storage and/or impound fees prior to release of such vehicle.
G. The City shall have the authority to take and impound electric bicycle s of persons found violating this chapter, and to hold the same for a period not to exceed 30 days. The owner and the owner’s legal guardian will be jointly and severally responsible for the payment of any associated storage and/or impound fees.
SECT
ION 3: Chapter 10.56 (Bicycles) of the PMC is hereby repealed in its entirety.
SECTION 4: The City Council finds that the adoption of this Ordinance is not a “project” pursuant to the California Environmental Quality Act (“CEQA”).
SECTION 5: If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of 8 of 9
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Ordinance No.***
the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 6: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this Ordinance and cause it or a summary of it, to be published with the names of the City Councilmembers voting for and against the same in the Poway News Chieftain , a newspaper of general circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified copy of this Ordinance in the Office of the City Clerk in accordance with Government Code § 36933.
INTRODUCED AND FIRST READ at a r egular meeting of the City Council of the City of Poway, California, held the 7th day of October, 2025, and thereafter.
PASSED AND ADOPTED at a regular meeting of said City Council held the 21st day of October, 2025, by the following vote, to wit:
AYES:
NOES:
ABSTAINED:
ABSENT:
DISQUALIFIED:
________________________________
Steve Vaus, Mayor
ATTEST:
_____________________________
Carrie Gallagher, CMC, City Clerk
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