1 ORDINANCE NO. O-26-1424
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO AMENDING SECTIONS 15.11.02 (PROHIBITED USES), 15.03.03 (REQUIREMENT TO OBEY TRAFFIC-CONTROL DEVICES), 15.11.04 (RIDING WITHIN COMMERCIAL ZONE RESTRICTED), AND 15.11.05 (PARKING RESTRICTION) OF CITY OF SAN MARINO MUNICIPAL
CODE CHAPTER XV, ARTICLE 11, AND ADDING SECTIONS 15.11.00 (DEFINITIONS) AND 15.11.07 (ENFORCEMENT) OF CITY OF SAN MARINO MUNICIPAL CODE CHAPTER XV, ARTICLE 11 AND
AMENDING SECTION 17.02.05 (TRAFFIC) OF CITY OF SAN MARINO MUNICIPAL CODE CHAPTER XVII, ARTICLE 2
THE CITY COUNCIL OF THE CITY OF SAN MARINO DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
WHEREAS, the California Vehicle Code regulates the operation of bicycles and electric bicycles; and
WHEREAS, California Vehicle Code Section 231 defines a “bicycle” as a device upon which a person may ride, propelled exclusively by human power, except as provided in Section 312.5, through a belt, chain, or gears, and having one or more wheels; and WHEREAS, Vehicle Code Section 231 also provides that an electric bicycle is a bicycle; and WHEREAS, California Vehicle Code Section 312.5 defines an “electric bicycle,” as “a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts”; and WHEREAS, California Vehicle Code Section 21206 authorizes the City to impose regulations on bicycles, including electric bicycles; and
WHEREAS, California Vehicle Code Section 21100 permits local authorities to adopt rules and regulations by ordinance or resolution regarding the operation of bicycles; and WHEREAS, Vehicle Code Section 21235(g) prohibits operators of motorized scooters upon a sidewalk except as may be necessary to enter or leave adjacent property; and WHEREAS, the City of San Marino (the “City”) has experienced a significant increase in the use of electric bicycles, motorized scooters and other electric or motorized transportation devices, leading to concerns regarding public safety and the need for regulation, and WHEREAS, it is the City Council’s desire to prohibit electric bicycles and motorized scooters on sidewalks; and
WHEREAS, the proposed ordinance is exempt from review under the California Environmental Quality Act Guidelines Section 15061(b)(3) because it can be seen with certainty that it will have no significant negative effect on the environment.
2 SECTION 2. Section 15.11.00 of the San Marino City Code is added to read as follows:
15.11.00: DEFINITIONS
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
“Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time.
“Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Regulated mobility device” means a Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, Shared mobility device, and any other similar vehicle. “Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.
Shared mobility device does not include any power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor or outdoor movement.
“Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
SECTION 3. Section 15.11.02 of the San Marino City Code is amended to read as follows:
15.11.02: PROHIBITED USES:
A. Riding on Sidewalks: Unless otherwise expressly allowed by another provision of this title or other applicable law, no person shall use, operate, park or leave any Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, Shared mobility device, or Vehicle upon any sidewalk in a business district or adjacent to any place of public assembly. 3 B. Riding in Crosswalks: No person shall ride or operate a Regulated mobility device in or into any marked pedestrian crosswalk unless such person dismounts from the Regulated mobility device and proceeds on foot wheeling the bicycle, except for the purpose of riding across said crosswalk.
C. No person shall use, operate, park or leave any Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, Shared mobility device in a manner that endangers or is likely to endanger the safety of any person or property.
D. Notwithstanding any other provision of this Code, nothing is intended to apply or otherwise restrict a Regulated mobility device operated by any officer employed by the City while on duty, or as utilized in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
SECTION 4. Section 15.11.03 of the San Marino City Code is amended to read as follows:
15.11.03: REQUIREMENT TO OBEY TRAFFIC-CONTROL DEVICES:
Any person operating a Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, and Shared mobility device shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles unless otherwise directed by a police officer.
Whenever authorized signs are erected indicating that no right or left turn or U-turn is permitted, no person operating a Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, or Shared mobility device shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make such turn, in which event, such person shall then obey the regulations applicable to pedestrians.
SECTION 5. Section 15.11.04 of the San Marino City Code is amended to read as follows:
15.11.04: RIDING WITHIN COMMERCIAL ZONE RESTRICTED:
No person shall ride or operate a Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, or Shared mobility device on or across any street located within the C-1 Commercial Zones of this City, delineated on the official Zoning Map 1 , when such streets or parts thereof have been posted or marked by street paintings indicating the prohibition against bicycle riding.
SECTION 6. Section 15.11.05 of the San Marino City Code is amended to read as follows:
15.11.05: PARKING RESTRICTION:
No person shall park or leave any Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, or Shared mobility device upon any street or alley, nor upon any sidewalk in any business district or adjacent to any place of public assembly in such manner as to obstruct or hinder the free passage of pedestrians or other vehicles or devices permitted to use the same. Any Bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter, or Shared mobility device found in violation of this Section may be impounded by the 4 Police Department and returned to the owner under such reasonable conditions as may be established by the Police Chief.
SECTION 7. Section 15.11.07 of the San Marino City Code is amended to read as follows:
15.11.07: ENFORCEMENT:
A. A violation of this Article shall be punishable as a misdemeanor, infraction pursuant to SMMC section 01.04.02 or by issuance of an administrative citation pursuant to SMMC section 01.06.05.
B. In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the Police Chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices.
SECTION 8. Section 17.02.05.A San Marino City Code is amended to read as follows:
1. A. Motor Vehicles: No person shall drive or have in his/her possession any motor vehicle, motorcycle, motor driven cycle, motorized bicycle, Electric bicycle, Electrically motorized boards, Low speed vehicle, Motorized scooter or Shared mobility device in Lacy Park without the authorization of the City Manager or their designee, except in designated parking areas.
Shared mobility device does not include any power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor or outdoor movement.
SECTION 9. ENVIRONMENTAL. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) the ordinance is exempt pursuant to Public Resources Code section 21080.17, which exempts the local adoption of ordinances regarding second units in single or multifamily residential zones; (2) the ordinance is exempt under CEQA Guidelines (14 Cal. Code Regs. § 15301), which exempts projects involving the minor alteration of existing residences involving negligible or no expansion of use beyond that already in existence; (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs.§ 15060(c)(2)); (4) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs.§ 15061(b)(3)); and (5) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.
Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 10. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, if for any reason is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, 5 sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance.
The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions; paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 11. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 12. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the SMMC or other city ordinance by this Ordinance will be rendered void and cause such previous SMMC provision or other city ordinance to remain in full force and effect for all purposes.
SECTION 13. PUBLICATION AND EFFECTIVE DATE. The Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law. This Ordinance takes effect 30 days from the date of its adoption.
PASSED, APPROVED, AND ADOPTED this ___ day of ______________, 2025. _____________________________
TONY CHOU
MAYOR
ATTEST:
__________________________________
ALISON WALKER
CITY CLERK
APPROVED AS TO FORM:
____________________________
JOSEPH MONTES
CITY ATTORNEY
6 STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF SAN MARINO )
I HEREBY CERTIFY that the foregoing City of San Marino Ordinance No. O-26-1424 was introduced and read by title at a Regular Meeting of the San Marino City Council held on the 14th day of January, 2026, and was adopted on second reading at an adjourned meeting of the City Council held on the 30th day of January, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
ALISON WALKER
CITY CLERK