____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 5.a
Meeting Date: August 18, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Police Department
Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: ELECTRIC BICYCLE SAFETY REGULATIONS IN SAN RAFAEL SUBJECT: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 5.35 “OPERATION OF ELECTRIC MOBILITY DEVICES” TO THE SAN RAFAEL MUNICIPAL CODE TO
REGULATE ELECTRIC MOBILITY DEVICES WITHIN THE CITY LIMITS OF SAN RAFAEL; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3)
RECOMMENDATION:
Staff recommends that the City Council introduce an ordinance adding Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to regulate electric mobility devices within the city limits of San Rafael, waive further reading of the ordinance, and refer to it by title only.
BACKGROUND:
The popularity of electric bicycles (e-bikes), especially Class 2 throttle-assisted models, has increased dramatically across Marin County, including San Rafael. While e-bikes offer sustainable and accessible mobility, their rapid adoption, especially among riders under 16, has raised public safety concerns.
In response, the California Legislature adopted Assembly Bill 1778, authorizing Marin County jurisdictions to participate in a pilot program known as the Marin Electric Bicycle Safety Pilot Program. This legislation enables local governments to:
• Prohibit individuals under 16 from operating Class 2 e-bikes. • Mandate helmet use for all Class 2 e-bike operators and riders. • Administer a public information campaign before enforcement. • Collect and report data on e-bike violations and collisions to the State Legislature.
The Marin County Civil Grand Jury also released a report titled “With Power Comes Responsibility”, which underscores safety issues and supports implementing these policies locally.
The City of San Rafael acknowledges and appreciates the County of Marin for developing a model ordinance and creating a unique and effective outreach campaign. The County’s leadership in SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
establishing a consistent framework and coordinated public education effort has provided San Rafael with a strong foundation while allowing the City to tailor implementation to our local community.
ANALYSIS:
From 2019 to 2022, 911 calls in Marin for bicycle incidents involving school-aged youth rose by 110%.
To investigate this trend, Marin County Public Health began collecting data in 2023 on e-bike and conventional bike accidents. The data is available through the Bicycle Safety Dashboard. The data shows that 10-15-year-olds in Marin have an e-bike accident rate five times higher than other age groups.
Between October 7, 2023, and May 10, 2025, the County recorded that 27% of 911 emergency medical service (EMS) responses to bicycle accidents involved e-bikes. Among all age groups, youth aged 10- 15 stand out as having the highest proportion of e-bike 911 EMS response relative to regular bicycle injuries. In this group, there were 36 e-bike EMS responses compared to 32 traditional bike EMS responses, meaning e-bikes accounted for 53% of all bike-related EMS responses, the only age group where e-bike responses exceeded those from traditional bicycles. This contrasts sharply with older age groups, where traditional bicycle EMS responses remain significantly more common than those that were e-bike related. The data suggests that younger riders are disproportionately represented in e-bike injury collisions, underscoring the need for targeted safety measures and age-specific regulations.
According to the UC Berkeley Safe Transportation Research and Education Center, unsafe speed was the most common primary collision factor for fatal and serious injury bicycle collisions in 2021. It is well established in transportation safety research that increased speed correlates with increased injury severity. Bicycles, like motor vehicles, become substantially more dangerous at higher speeds due to the amplified impact forces involved in a crash.
In response to growing safety concerns, Marin’s Assemblymember Damon Connolly authored AB 1778, which was signed into law last year. AB 1778 authorizes local Marin ordinances that prohibit individuals under 16 from operating Class 2 e-bikes, require helmet use for all riders, and mandate a 30-day public information campaign before enforcement. It also permits warnings during the first 60 days, followed by modest $25 fines or safety course alternatives for violations. Participating jurisdictions must report enforcement and collision data to the State by 2028, with the pilot program set to expire on January 1, 2029.
AB 1778 applies specifically to “Class 2” e-bikes. To distinguish these from other types of e-bikes and motorized devices, California law defines e-bike classes based on their power source and capabilities.
To qualify as an electric bicycle under California Vehicle Code § 312.5, the electric motor must be less than 750 watts, and the bicycle must have fully operable pedals. Devices that exceed this power limit or lack pedals are classified as mopeds or motor vehicles and are subject to separate regulations.
There are three types of e-bikes in California as defined by Vehicle Code § 312.5:
• Class 1: Pedal-assist only (no throttle), max assisted speed 20 mph • Class 2: Has a throttle (no pedaling required), max assisted-speed 20 mph • Class 3*: Pedal-assist only (no throttle), max assisted speed 28mph (riders must be over 16 statewide)
Current State Law With AB 1778 Ordinance
Age Limits No age limit for Class 1 e-bikes Same
No age limit for Class 2 e-bikes Class 2 e-bikes limited to 16+ SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Class 3 e-bikes limited to 16+ Same
Helmets All e-bike riders <18 are required
to wear helmets Same
Class 1 e-bike riders >18 are not
required to wear helmets Same
Class 2 e-bike riders >18 are not
required to wear helmets
Class 2 e-bike riders of all ages
are required to wear helmets
Class 3 e-bike riders of all ages
are required to wear helmets Same
Adopting this ordinance will align San Rafael with other Marin municipalities already participating in the program and ensure regional consistency in enforcement and messaging.
Enforcement of the ordinance will be conducted in a measured and equitable manner. Riders will not be stopped solely based on their perceived age. Instead, enforcement of age restrictions will be treated as a secondary violation, meaning that officers will only investigate a rider’s age after observing a primary violation, such as unsafe operation and failure to obey traffic laws. This approach ensures compliance while minimizing unnecessary subjective encounters and focuses enforcement on the most dangerous riding behaviors.
For the initial 60-day period after adoption of this section, any violation shall result in the issuance of a warning notice rather than a fine. After the warning period, a violation shall be punishable by a fine not exceeding $25.00. A fee shall not be imposed upon a citation of this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof within 120 days after the citation was issued that the person has completed an electric bicycle safety and training course under California Streets and Highways Code Section 894, or an electric bicycle safety course offered by any local jurisdiction if one is available.
The ordinance is designed to address a specific and growing public safety concern. Teen riders on Class 2 e-bikes are increasingly involved in traffic accidents, often without helmets and lacking formal training.
Limiting Class 2 e-bike operation to those 16 and older introduces an age threshold consistent with existing state law for Class 3 e-bikes and reflects developmental readiness to safely operate a motorized device in a traffic environment.
A helmet is required for all Class 2 riders to further mitigate head trauma risks, which account for a significant proportion of bicycle-related injuries in emergency room visits. Combined with a public education campaign and an initial grace period, this ordinance takes a proactive education-first approach before introducing fines. The goal is to improve rider behavior, reduce injury rates, and promote a culture of safety around e-bike use.
COMMUNITY OUTREACH:
To meet AB 1778's education requirement, staff will implement a public awareness campaign that includes:
• Informational postings on the City’s website and social media platforms. • Placement of educational posters in high-visibility locations throughout San Rafael SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
• Coordination with local schools and parent organizations to share safety information. This includes collaboration with the San Rafael City Schools to ensure students and parents receive consistent safety messaging prior to enforcement.
• Coordination with community organizations such as Safe Routes to Schools • Distribution of printed flyers at local retailers selling e-bikes. • Public safety announcements and community presentations.
FISCAL IMPACT:
No direct fiscal impact is anticipated. The proposed ordinance will be implemented and enforced using existing department resources. The ordinance may enhance eligibility for future public safety grants.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Introduce the ordinance as recommended.
2. Provide direction for staff to revise the ordinance.
3. Take no action.
RECOMMENDED ACTION:
Staff recommends that the City Council introduce an ordinance adding Chapter 5.35 “Operation of Electric Mobility Devices” to the San Rafael Municipal Code to regulate electric mobility devices within the city limits of San Rafael, waive further reading of the ordinance, and refer to it by title only.
ATTACHMENTS:
1. Ordinance
2. Marin Civil Grand Jury Report: With Power Comes Responsibility 1 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 5.35 “OPERATION OF ELECTRIC MOBILITY DEVICES” TO THE SAN
RAFAEL MUNICIPAL CODE TO REGULATE ELECTRIC MOBILITY DEVICES
WITHIN THE CITY LIMITS OF SAN RAFAEL
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. FINDINGS.
WHEREAS, the popularity of electric bicycles (also known as “E-bikes”), especially Class 2 Electric Bicycles, has increased dramatically across Marin County, including San Rafael, and while e-bikes offer sustainable and accessible mobility, their rapid adoption, especially among riders under 16, has raised public safety concerns.
WHEREAS, between October 7, 2023, and May 10, 2025, Emergency Medical Services recorded that 27% of 911 medical responses to bicycle accidents involved Ebikes. Among all age groups, youth aged 10-15 stand out as having the highest proportion of E-bike 911 EMS response relative to regular bicycle injuries.
WHEREAS, California Vehicle Code section 312.5(a) classifies electric bicycles into three classes, and all electric bicycles are equipped with fully operable pedals and an electric motor that produces less than 750 watts of power. Class 1 Electric Bicycle consists of low-speed pedal-assisted electric bicycles equipped with a motor incapable of exclusively propelling the bicycle (and providing assistance at speeds no greater than 20 miles per hour). Class 2 Electric Bicycle consists of throttle-assisted electric bicycles equipped with a motor that may be used exclusively to propel the bicycle (and providing assistance at speeds no greater than 20 miles per hour). Class 3 Electric Bicycle consists of pedal-assisted electric bicycles equipped with a motor that provides assistance only when the rider is pedaling, that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour, and is equipped with a speedometer.
WHEREAS, on September 30, 2024, the California Legislature passed Assembly Bill 1778, which authorizes Marin County and local entities within Marin County to enact ordinances or resolutions providing for a pilot program, to be called the Marin Electric Bicycle Safety Pilot Program, which may prohibit any person under 16 years of age from operating a Class 2 Electric Bicycle and may require any person operating a Class 2 Electric Bicycle to wear a bicycle helmet.
WHEREAS, Assembly Bill 1778 includes a requirement that participating jurisdictions submit a report to the Legislature that includes, among other things, the total number of 2 traffic stops initiated for violations, the results of the traffic stops, and the actions taken by peace officers during the traffic stops, and data relating to electric bicycle crashes, including the ages of those involved in each reported crash.
WHEREAS, Assembly Bill 1778 further requires a jurisdiction adopting an ordinance to administer a public information campaign for at least 30 calendar days prior to the enactment of the ordinance or resolution. The County of Marin will also be conducting an information campaign focusing on jurisdictions that have adopted similar ordinances.
WHEREAS, the Council seeks to authorize and establish a pilot program as provided for by Assembly Bill 1778.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 2. AMENDMENT OF MUNICIPAL CODE.
The Council hereby authorizes the Marin Electric Bicycle Safety Pilot Program within the City of San Rafael jurisdiction in accordance with the requirements of the Vehicle Code § 21214.5, et seq., and, in furtherance of this authorization, Chapter 5.35, “Operation of Electric Mobility Devices” is hereby added to the San Rafael Municipal Code.
Chapter 5.35 – Operation of Electric Mobility Devices
5.35.010 – Purpose and Scope
The provisions of this Chapter are intended to enact the program authorized by Vehicle Code § 21214.5, et seq., on all public roadways, highways, and other areas where Class 2 Electric Bicycles are allowed under federal, state, and local law.
5.25.020 – Definitions
For purposes of this Chapter, "Class 2 Electric Bicycle" shall have the same meaning as defined in the California Vehicle Code Sections 312.5(a)(2).
5.25.030 – Prohibitions and Restrictions
(a) No person under sixteen (16) years of age shall operate a Class 2 Electric Bicycle. (b) No person shall operate a Class 2 Electric Bicycle without wearing a bicycle helmet that complies with California Vehicle Code section 21213(b).
5.25.040 – Violations
3 (a) Within sixty (60) days of the effective date of this Chapter, any violation of this Chapter shall be punishable by warning notices.
(b) Beginning on the sixty-first (61) day after the effective date of this Chapter, a violation shall be punishable as follows:
i. A violation of the prohibition set forth in Section 5.25.030(a) shall be an infraction, punishable by a fine of twenty-five dollars ($25). A fee shall not be imposed upon a citation of this infraction if the parent or legal guardian of the person who violated the prohibition delivers proof to the issuing agency within 120 days after the citation was issued that the person has completed an electric bicycle safety and training course pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.
ii. A violation of the prohibition set forth in Section 5.25.030(b) shall be an infraction punishable by a fine of twenty-five dollars ($25). A fee shall not be imposed upon a citation of this infraction if the person who violated the requirement, or, if that person is an unemancipated minor, their parent or guardian, delivers proof to the issuing agency within 120 days after the citation was issued that the person has a helmet meeting the requirements specified in Vehicle Code section 21212(a) and the person has completed a safety course established pursuant to Streets and Highways Code section 894, or an electrical bicycle safety course offered by any local jurisdiction, if one is available.
(c) No record of any violation of this Chapter shall be transmitted to any Superior Court of the State of California.
(d) If this Chapter is violated by a person who is an unemancipated minor, the parent or legal guardian having control or custody of the minor shall be jointly and severally liable with the minor for the amount of any fine imposed pursuant to this subdivision.
5.25.050 – Expiration of Program
This Chapter shall be effective so long as authorized by California Vehicle Code Section 21214.5, et seq.
DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this Ordinance or its implementation would have a significant effect on the environment (14 Cal. Code Regs. Section 15061(b)(3)).
4 DIVISION 4. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 5. EFFECTIVE DATE; PUBLICATION.
A summary of this Ordinance shall be published, and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted.
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, Marin County, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk a certified copy of the full text of this Ordinance, along with the names of those Councilmembers voting for or against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the San Rafael City Council on the 18th day of August 2025, and was passed and adopted at a regular meeting of the San Rafael City Council on the 2nd day of September 2025 by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk