RESOLUTION NO. 24-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE AN ORDINANCE TO AMEND THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE ADDITIONAL REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC BICYCLES WHEREAS, the increasing popularity of electric bicycles (e-bikes) presents new challenges for public safety and integration into community spaces; and WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted; and WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and e-bike riders.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. That the above recitations are true and correct and incorporated herein.
Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the SCMC to include additional regulations on the use and enforcement of electric bicycles. The proposed amendment shall include, but not be limited to, establishment of several key safety measures, such as: (1) requiring that e-bikes shall not be operated during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory; (2) mandating that operators must be at least 18 years old or hold a valid state-issued driver’s license to carry passengers on e-bikes; (3) prohibiting the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies, as well as prohibiting texting while operating e-bikes; (4) restricting Class 3 e-bikes from all off-road trails; (5) requiring any e-bike rental business in the City to provide renters with a copy of the SCMC regulations applicable to e-bikes; and (6) stipulating that any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike will not be deemed adjudicated until the violator completes a City of San Clemente-approved E-Bike Safety Course, with proof of completion provided to the court within 90 days of conviction.
Section 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-68 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-68 Page 2
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