TO: Mayor and City Council
FROM: Philippe Eskandar, City Manager
BY: John Incontro, Police Chief
Jeremy Bestpitch, Administrative Sergeant
DATE: January 30, 2026
SUBJECT: ADOPTION OF ORDINANCE NO. O-26-1424 (SECOND
READING) AMENDING SECTIONS 15.11.02 PROHIBITED
USES), 15.03.03 (REQUIREMENT TO OBEY TRAFFICCONTROL 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 STRATEGIC PLAN CRITICAL SUCCESS FACTORS
Safe Community
Efficient, Responsive, and Effective City Services
Engaged and Connected Residents
BACKGROUND
With the increased popularity and affordability of electric bicycles (e-bikes) throughout the country, the San Marino Police Department has seen an increase in their use within our community. This increase in e-bike use and the pace at which their technology has grown relative to regulations has Tony Chou, Mayor
Calvin Lo, Vice Mayor
Hunter Chang, Council Member
John Chou, Council Member
Gretchen Shepherd Romey, Council Member
resulted in public safety concerns within the San Gabriel Valley and the City of San Marino.
Over the past two years, the San Marino Police Department has received multiple complaints regarding the use of e-bikes and electric scooters throughout the City. Additionally, Police Officers and City staff routinely observe unsafe and unlawful use of e-bikes throughout the City, particularly along Huntington Drive by school aged children. In 2025, e-bikes were involved in three out of the eight traffic crashes in the City of San Marino.
HISTORY
On January 14, 2026, the City Council held a public hearing to consider the adoption of Ordinance No. O-26-1424 to consider 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. At the public hearing, the City Council reviewed all of the information provided in the staff report and considered the testimony given at the public hearing, including all written communications to the City Council and other pertinent information. Following discussion, the City Council voted 5-0 to adopt Ordinance No. O-25-1418.
DISCUSSION
On January 14, 2026, the City Council conducted a public hearing and waived full reading and introduced by title only Ordinance No. O-26-1424. During the discussion, the City Council requested clarification on the language related to Shared Mobility Device. Additional language was added to Ordinance No. O26-1424 to clarify a Shared Mobility Device does not include a power-driven device used by an individual with a mobility disability for purposes of movement.
During the discussion, the City Council requested Ordinance No. O-26-1424 be brought in front of the Public Safety Commission.
Ordinance No. O-26-1424 was brought in front of the Public Safety Commission on January 26, 2026.
Existing City Regulations
The San Marino City Code currently does not regulate the use of electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, regulated mobility devices, or shared mobility devices.
However, the San Marino City Code prohibits the riding of any bicycle or wheeled toy upon any sidewalk in a business district or adjacent to any place of public assembly and upon undesignated areas within Lacy Park. Examples of such sidewalks/districts include along Huntington Drive and Mission Drive.
State Law
The California Vehicle Code regulates vehicles throughout the State. In the absence of State law, the City may regulate vehicles and traffic enforcement within the City’s police powers.
The California Vehicle Code currently defines bicycles, off-highway motorcycles, electric bicycles, motorized bicycles (or mopeds), and motorized scooters as:
Bicycle – A bicycle is a device upon which a person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels (CVC §231).
Off-highway motorcycle – Any two- or three-wheeled vehicle equipped with an internal combustion engine and weighing less than 1,499 pounds. An offroad motorcycle is primarily designed for used off highways (Cal. Code Reg.
Tit. 13, §2411(16)).
Motorcycle – A motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels are in contact with the ground (CVC §400).
Electric Bicycle – A bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power (CVC §312.5).
Motorized bicycle – A two-wheeled or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission, and a motor that produces less than 4 gross brake horsepower and is capable of propelling the device at a maximum speed or not more than 30 miles per hour on level ground (CVC §406).
Motorized Scooter – Any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding or a seat and footrests in place of the floorboard, and is powered by an electric motor (CVC §407.5).
The Vehicle Code already includes restrictions on the use of conveyances, such as riders wearing helmets.
In response to the recent proliferation of e-bikes and their technological advances, the State Legislature has passed recent legislation that pertains to e-bikes. For example, recent bills that were signed into law require e-bikes to have red reflectors and prohibit operators from bypassing legal speed limits on the e-bikes by unlocking the speed restrictions (AB 544, AB 545, AB 1774).
Another bill that was passed by the Legislature and signed into law prohibits the selling of Class 3 e-bikes to anyone under 16 years of age (AB 965).
Proposed Ordinance
In response to the growing public safety concerns from both the City Council and the community stemming from e-bikes, staff recommends consideration of proposed ordinance No. O-26-1424 (Attachment 1) which would accomplish the following:
Add Definitions for – bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized boards, low-speed vehicle, motorized scooter, regulated mobility device, shared mobility device, and vehicle.
Amend Prohibited Uses to – expressly prohibit bicycles, electric bicycles, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices, or vehicles on any sidewalk in a business district or adjacent to any place of public assembly. Additionally, the amended section would include restricting the riding or operating of these devices in any marked crosswalks unless dismounted by the operator. The amended section would prohibit the use, operation, parking of, or leaving of any bicycle, electric bicycle, electrically motorized board, low-speed bicycle, motorized scooter, or shared mobility device in a manner that endangers or is likely to endanger the safety of any person or property.
Amend Requirement to Obey Traffic-Control Devices – to include electric bicycle, electrically motorized boards, low-speed vehicle, motorized scooter, and shared mobility device.
Amend Riding Within Commercial Zone Restricted to – include electric bicycle, electrically motorized boards, low-speed vehicle, motorized scooter, and shared mobility device.
Amend Parking Restrictions to – include electric bicycle, electrically motorized boards, low-speed vehicle, motorized scooter, and shared mobility device.
Add Enforcement to state:
A. A violation of this Article shall be punishable as a misdemeanor, infraction pursuant to SMCC section 01.04.02 or by issuance of an administrative citation pursuant to SMCC 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.
Amend Traffic to state:
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.
FISCAL IMPACT & PROCUREMENT REVIEW
Apart from the staff time necessary to draft and implement this Ordinance, there is no anticipated direct fiscal impact. Some reallocation of staff time will be necessary to educate the community and enforce the new ordinance, but such staff time will be absorbed in current budgets.
LEGAL REVIEW
The City Attorney's office has reviewed and approved as to form.
RECOMMENDATION
Staff recommends the City Council adopt Ordinance No. O-26-1424. If the City Council concurs with staff’s recommendation, an appropriate motion would be:
“I move to adopt Ordinance No. O-26-1424, an Ordinance of the San Marino City Council amending Municipal Code Sections 15.11.02, 15.03.03, 15.11.04,
15.11.05 and 17.02.05, and adding sections 15.11.00 and 15.11.07 regarding bicycles, electric bicycles, electrically motorized boards, low-speed vehicles, motorized scooters, and shared mobility devices.”
ATTACHMENTS
1.San Marino City Ordinance O-26-1424
2.SMPD Public E-Bike Flyer