Ordinance No. NS-XXX
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 36 (TRAFFIC)
OF THE SANTA ANA MUNICIPAL CODE REGULATING
THE OPERATION OF ELECTRIC BICYCLES,
MOTORIZED SCOOTERS, LOW -SPEED VEHICLES
AND ELECTRICALLY MOTORIZED BOARD S;
AUTHORIZING SAFEKEEPING, REMOVAL AND
IMPOUNDING IN CERTAIN CIRCUMSTANCES , AND
PRESCRIBING PENALTIES FOR VIOLATION.
WHEREAS, there has been a marked increase in the sale of electronic bikes in recent years; and
WHEREAS, a February 2026 study conducted by Children’s Hospital of Orange County now Rady Children’s Hospital1 noted that between 2019 and 2023 there was a “sharp increase” in electric bicycle injuries with 4.18% in 2019 and
49.8% in 2023. The study went on to find in the data reviewed for pediatric patients, internal organ injuries, many to the head, face and neck, are most often sustained in electric bicycle injuries related to speeds greater than 20 miles per hour; and WHEREAS, in the past three years, in the City of Santa Ana, there have been seven (7) fatal collisions involving powered electric bicycles or other electric powered devices. Five (5) have involved electric bicycles and two involved off-highway motorcycles (dirt bikes); and
WHEREAS, on August 11, 2026, there was a fatal accident at Santiago Street and Santa Ana Boulevard in the City of Santa Ana involving an individual riding an electric bicycle; and
WHEREAS, on August 10, 2026, there was a serious accident on South Raitt Street in the City of Santa Ana resulting in injury to an individual riding an electric bicycle; and
WHEREAS, AB 875 (2026) gives local police agencies the ability to impound certain vehicles including Class 3 electric bicycles operated by a person under the age of 16; and
1 Zoe E. Flyer, Andreina Giron, John Schomberg, Mary Maginas, Jeffrey Nahmias, Yigit S. Guner, Romeo Ignacio, Troy Reyna, David Gibbs, Laura F. Goodman,
Electric-bicycles and speed-related trauma in pediatrics: Risk of internal injury and hospitalization, Injury, Volume 57, Issue 5, 2026, 112931, ISSN 0020-1383 https://doi.org/10.1016/j.injury.2025.112931.
EXHIBIT 1
Ordinance No. NS-XXX
WHEREAS, Vehicle Code § 21100(h) authorizes cities to regulate the operation of bicycles on public sidewalks and the definition of bicycles under state law includes electric bicycles; and
WHEREAS, Vehicle Code § 21206 allows local regulation by ordinance regarding the registration of bicycles and the parking and operation of bicycles on pedestrian and bicycles facilities, provided such regulation is not in conflict with the Vehicle Code; and
WHEREAS, Vehicle Code § 21207.5(b) allows a governing body of a public agency having jurisdiction over an equestrian trail, or hiking or recreational trail, to prohibit, by ordinance, the operation of an electric bicycle or any class of electric bicycle on that trail; and
WHEREAS, Vehicle Code § 21225 allows for local regulation of the parking and operation of motorized scooters on pedestrian and bicycle facilities and local streets and highways if not in conflict with the Vehicle Code; and
WHEREAS, Vehicle Code § 21266 allows local regulation that restricts or prohibits the use of low speed vehicles by ordinance or resolution; and
WHEREAS, Vehicle Code § 21967 allows local regulation prohibiting or restricting persons from riding or propelling skateboards or electrically motorized boards on highways, sidewalks or roadways.
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council for the City of Santa Ana hereby amends Division 1 (Definitions) of Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to amend the definition of bicycle and to add definitions for electric bicycles, electrically motorized board, low -speed vehicle and motorized scooter as follows (added language is underlined, deleted language is stricken):
Chapter 36- TRAFFIC
ARTICLE I. – IN GENERAL
DIVISION 1.- DEFINITIONS
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Sec. 36-7. - Bicycle.
A “b Bicycle is a light vehicle without a motor, having two (2) wheels, handlebars and a seat or seats, and propelled by the operator. has the same meaning as in California Vehicle Code § 231, as it may be amended from time to time.
Sec. 36-7.1 – Electric Bicycle.
“Electric bicycle” has the same meaning as in California Vehicle Code § 312.5(a), as it may be amended from time to time.
Sec. 36-7.2 – Class 3 Electric Bicycle.
“Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” has the same meaning as in California Vehicle Code § 312.5(a)(3), as it may be amended from time to time.
Sec. 36-24 - Electrically Motorized Board.
“Electrically motorized board” ha s the same meaning as in California Vehicle Code § 313.5 as it may be amended from time to time.
Sec. 36-24.1 – Low Speed Vehicle.
“Low speed vehicle” has the same meaning as in California Vehicle Code § 385.5 as it may be amended from time to time.
Sec. 36-24.2 – Motorized Scooter.
“Motorized scooter” has the same meaning as in California Vehicle Code § 407.5, as it may be amended from time to time.
Section 3. The City Council for the City of Santa Ana hereby amends Division 3 now entitled “Regulation of Electric Bicycles and Other Transportation Devices” of Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to regulate the operation of electric bicycles and other transportation devices as follows (added language is underlined, deleted language is stricken):
DIVISION 3. REGULATION OF ELECTRIC BICYCLES AND OTHER
TRANSPORTATION DEVICES
Sec. 36-50. – Unlawful Operation of Electric Bicycle.
It shall be unlawful to operate an Electric Bicycle as follows:
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(a) on a sidewalk at a speed greater than 10 miles per hour; or
(b) in a manner not consistent with the design including but not limited to, carrying more passengers than the manufacturer’s specifications allow or carrying passengers in a manner other than designed; or
(c) on a sidewalk at a speed greater than is reasonable or prudent under the conditions existing at the time; or
(d) on a sidewalk while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas; or
(e) on a sidewalk at a speed greater than 5 miles per hour under the following circumstances:
i. in a school zone; or
ii. adjacent to a school when children are present; or
iii. when pedestrians are present.; or
(f) on any unpaved trail; public drainage facility or channel or ditch; or public area held open for pedestrian use or access , including but not limited, to a playground, sports field, grass or synthetic turf, dirt or other non-paved surface, restroom, or splash pad.
Sec. 36-51. – Unlawful Operation of Electrically Motorized Board.
It shall be unlawful to operate an Electrically Motorized Board as follows:
(a) on a sidewalk at a speed greater than 10 miles per hour; or
(b) on a sidewalk at a speed greater than 5 miles per hour under the following circumstances:
i. in a school zone; or
ii. adjacent to a school when children are present; or
iii. when pedestrians are present; or
(c) on any sidewalk at a speed that is greater than is reasonable or prudent under the conditions exiting at that time; or
(d) on a sidewalk while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas; or
(e) on any unpaved trail; public drainage facility or channel or ditch; or public area held open for pedestrian use or access, including but not limited, to a playground,
Ordinance No. NS-XXX
sports field, grass or synthetic turf, dirt or other non-paved surface, restroom, or splash pad.
Sec. 36-52. - Unlawful Operation of Low Speed Vehicle.
It shall be unlawful to operate a Low Speed Vehicle as follows:
(a) on any sidewalk; bike path, trail or bikeway; or
(b) on any unpaved trail; public drainage facility or channel or ditch; or public area held open for pedestri an use or access, including but not limited, to a playground, sports field, grass or synthetic turf, dirt or other non-paved surface, restroom, or splash pad.
Sec. 36-53. – Unlawful Operation of Motorized Scooter.
(a) It shall be unlawful to operate a Motorized Scooter as follows:
(1) on a sidewalk when there is a bicycle lane; or
(2) at a speed greater than 5 miles per hour in a school zone; or
(3) on any unpaved trail; public drainage facility or channel or ditch; or public area held open for pedestrian use or access, including but not limited, to a playground, sports field, grass or synthetic turf, dirt or other non -paved surface, restroom, or splash pad.
(b) It shall be unlawful to operate a Motorized Scooter on a sidewalk, when there is not a bicycle lane, as follows:
(1) at a speed greater than 10 miles per hour; or
(2) on a sidewalk at a speed greater than 5 miles per hour under the following circumstances:
i. in a school zone; or
ii. adjacent to a school when children are present; or
iii. when pedestrians are present; or
(3) at a speed that is greater than is reasonable or prudent under the conditions exiting at that time; or
(4) while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas.
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Sec. 36-54. – Removal and Impoundment ; Safekeeping; Recovery of Administrative Costs.
(a) A peace officer is authorized to remove and impound any vehicle found operating within the City when any of the following applies:
(1) The vehicle has less than four wheels but is not an electric bicycle; and
(2) The vehicle is operated by electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour; and
(3) the operator lacks a valid license to operate the vehicle.
or
(4) The vehicle is a Class 3 electric bicycle and is operated by a person under the age of sixteen (16).
(b) This subsection does not override any other section of the code or any other provision of federal or state law which allows impounding of a vehicle.
(c) A vehicle pursuant to this section shall be released to the registered owner, the operator, or their authorized agent no sooner than forty -eight (48) hours after seizure provided:
(1) A request for release is submitted during normal business hours; and
(2) All removal, seizure, and storage fees and administrative costs have been paid; and
(3) if the vehicle is impounded under subsection ( a)(4) showing proof that the minor has completed an electric bicycle safety and training program, as described in Section 894 of the Streets and Highways Code, or a related local bicycle safety course, as prescribed by the Chief of Police or his designee.
(d) If a person under the age of 18 is found in violation of any provisions of this division, and no parent or guardian is present, and the violation for which the electric bicycle, electrically motorized board, low -speed vehicle or motorized scooter was operated constitutes an immediate danger to the health and safety of the minor operator or to members of the public, the peace officer may take immediate possession of the electric bicycle or electrically motorized board, low-speed vehicle or motorized scooter and transport the device or tow the device as necessary for
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safekeeping to the Santa Ana Police Department or designated holding facility. The electric bicycle, electrically motorized board, low-speed vehicle or motorized scooter shall be released by the Santa Ana Police Department or its designee, during normal business hours, to the parent or legal guardian of the person under the age of 18 and/or to the legal owner of the electric bicycle, electrically motorized board, low-speed vehicle or motorized scooter, provided the owner is over the age of 18.
(e) The city may impose administrative charges by City Council resolution in an amount not to exceed its actual administrative costs directly related to the safekeeping, removal, seizure, and storage of an electric bicycle, electrically motorized board, low- speed vehicle or motorized scooter or vehicle, as provided in California Vehicle Code § 22651.08.
(f) A parent or legal guardian of a person under the age of 18 operating an impounded electric bicycle, electrically powered board, low -speed vehicle, motorized scooter or vehicle and/or legal owner of an impounded electric bicycle, electrically powered board, low-speed vehicle, or motorized scooter, or vehicle over the age of 18 may contest the removal and impoundment by filing a request for a post -storage hearing as required pursuant to California Vehicle Code § 22852 as may be amended from time to time.
Sec. 36-55. - Penalties.
(a) A violation of this division shall be deemed an infraction. A fine shall be assessed pursuant to section 36-27(b) of this code. The remedies provided by this division are cumulative and in addition to any other remedies available to the city at law or in equity.
(b) Notwithstanding subsection (a), any violation of this division may be charged as a misdemeanor in the discretion of the peace officer or city attorney, based upon the nature and circumstances of the violation, including but not limited to, repeat violations, willful or knowing conduct, or conditions posing a risk to the public health, safety and welfare.
(c) Notwithstanding subsection (a), any violation of this division may, at the discretion of the enforcing officer, in lieu of an infraction penalty, be issued an administrative citation in accordance with Sections 1-21 et seq. of this code and in amount established by resolution of the City Council.
(d) This division shall not preclude or prohibit the issuance of a misdemeanor or infraction citation to a court of competent jurisdiction for any violation of the California Vehicle Code or other offense committed while operating an electric bicycle or powered personal transportation device.
(e) The parent or legal guardian of any minor, shall not authorize or knowingly
Ordinance No. NS-XXX
permit any minor child to violate any of the provisions of this division.
(1) any parent or legal guardian who knowingly authorizes or permits any minor to violate any of the provisions of this division may be issued a citation for a violation of this section. The minor committing the violation does not have to be issued a citation for the parent or legal guardian to be held in violation of this section.
(2) After determining that a minor has operated a n electric bicycle , electrically powered board, low -speed vehicle, or motorized scooter in violation of this division, the City may issue written notice to the min or’s parent or legal guardian. The notice may advise that:
i. Operation of a n electric bicycle, electrically powered board, low-speed vehicle, or motorized scooter in violation of this division may result in civil liability for damages caused by a minor.
ii. Knowingly permitting, encouraging or supplying an
electric bicycle, electrically powered board, low -speed vehicle, or motorized scooter to a minor who is operating it in violation of this division may subject the parent or legal guardian to criminal or civil responsibility under applicable state law; and
iii. Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by law.
Sec. 36-56.- Exemptions.
(a) This division shall not apply to electric wheelchairs, mobility scooters or other assistive mobility devices used by person with disabilities, consistent with the federal law, state law or applicable regulations.
(b) Law enforcement, or other City personnel acting within the course and scope of their official duties.
Section 4. The City Council has reviewed this ordinance, staff report, administrative record including written and oral public comment and hereby finds that this ordinance is not subject to CEQA because it will not result in a direct or reasonably foreseeable indirect physical change, is not a project, and there is no possibility that the activity may have a significant effect on the environment pursuant to Title 14 of the California Code of Regulations §§ 15060(c)(2), 15060(c)(3), and/or 15061(b)(3).
Section 5. If any section, subsection, clause or phrase or portion of this ordinance is for any reason held to be invalid or uncons titutional by the decision of any court of
Ordinance No. NS-XXX
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council for the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause or phrase or portion thereof irrespective of the fact that any one of more section, subsection, sentence, clause or phrase or portions be declared invalid or unconstitutional.
Section 6. This ordinance shall become effective thirty (30) days after its adoption.
Section 7. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law.
ADOPTED this ___ day of September, 2026.
_______________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers __________________________________
NOES: Councilmembers __________________________________
ABSTAIN: Councilmembers __________________________________
NOT PRESENT: Councilmembers __________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________ Jennifer L. Hall
City Clerk
City of Santa Ana