Sugges�ons for City of San Clemente E-Bike Ordinance
Defini�ons:
Electric Bicycle – An electric bicycle (E-Bike), as defined by California Vehicle Code Section 312.5, is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
o The operator of a Class 3 electric bicycle (per dmv.ca.gov):
Must be 16 years old or older.
Must wear a bicycle safety helmet.
Must not transport passengers.
May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.
All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver's license, and license plate requirements.
Electric Motorcycle – Any electric powered two or three wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals SHALL NOT BE CONSIDERED an Electric Bicycle.
For the purpose of this ordinance, such vehicles SHALL BE CONSIDERED an Electric Motorcycle by the City of San Clemente and be treated as a Motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).
Hours of Darkness – Darkness, as defined by California Vehicle Section 280, is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet
Wheelie – An acrobatic driving or riding stunt of lifting up the front tire or wheel off of the ground due to extreme torque being applied to the rear wheel or wheels while in motion.
Attachment 2
Endo-Wheelie AKA Stoppie – The Endo-Wheelie or Stoppie is a motorcycle and bicycle trick in which the back wheel is lifted by abruptly applying the front brake, then, by carefully reducing the brake pressure, the bike is ridden for a short distance on the front wheel. It is also called an endo, a nose manual, or less commonly, a front wheelie.
E-Bike Rules:
1. E-Bikes shall not be operated during hours of darkness unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.
2. E-Bikes shall not be operated with a passenger unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.
3. During hours of darkness, E-Bikes shall only be operated with a front lamp emi�ng a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.
4. E-Bikes shall not be operated on any highway, roadway or sidewalk while performing a Wheelie or Endo-Wheelie AKA a Stoppie.
5. E-Bikes shall not be operated while tex�ng on a cell phone.
6. Class 3 E-Bikes shall not be ridden on any off-road trails within the City of San Clemente.
7. Class 3 E-Bikes shall not be ridden on any sidewalks within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.
8. E-Bikes, regardless of Class, shall not be ridden on the sidewalk in any business district within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.
9. E-Bikes, regardless of Class, shall not be ridden on the San Clemente Beach Trail between North Beach and Calafia Beach.
10. Electric Motorcycles shall not be operated within the limits of the City of San Clemente unless the following parameters are met:
• Motorcycle License Required per California Vehicle Code Sec�on 12500(b) • Registra�on and License Plate Required per California Vehicle Code Sec�on 4000(a)(1)
• DOT Approved Helmet required per California Vehicle Code Sec�on 27803(b) • Evidence of Financial Responsibility (Insurance) required per California Vehicle Code Sec�on 16028a.
Electric Motorcycles may only be used on private property with the expressed permission of the property owner or the owner’s authorized agent.
Law Enforcement use of the California Vehicle Code Towing, Storage and Impound Authori�es apply to the unlawful use of Electric Motorcycles in the City of San Clemente.
11. Any convic�on of a viola�on of this Ordinance or the California Vehicle Code while opera�ng an E-Bike, will not be deemed adjudicated un�l the violator completes a City of San Clemente approved E-Bike Safety Course. Proof of comple�on must be provided to the court within 90-Days of convic�on.
12. Any E-Bike rental business in the City of San Clemente shall provide a copy of this Ordinance to anyone person(s) ren�ng an E-Bike.