SUMMARY OF ORDINANCE NO. 2051
OPERATION OF ELECTRIC MOBILITY DEVICES
This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2051 which will add Chapter 5.35, “Operation of Electric Mobility Devices” of the City of San Rafael Municipal Code. Ordinance No. 2051 is scheduled for adoption by the San Rafael City Council at its regular meeting of September 2, 2025. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance would amend the San Rafael Municipal Code by adding Chapter
5.35, “Operation of Electric Mobility Devices” to prohibit a person under the age of 16 from operating a Class 2 Electric Bicycle and requiring a person who operates a Class 2 bicycle to wear a helmet that complies with California Vehicle Code Section 21213(b) For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk’s Office at [email protected] or by phone at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, Monday through Thursday from 9:00 a.m. to 4:00 p.m., and on Fridays by appointment only.
/s/______________________
LINDSAY LARA, City Clerk
San Rafael City Clerk
Dated: August 22, 2025
1 ORDINANCE NO. 2051
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 2 nd day of September 2025 by the
following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Kate Colin, Mayor
Attest:
_____________________________
LINDSAY LARA, City Clerk