Police Department
www.santa-ana.gov/pd
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 15, 2026
TOPIC: Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
AGENDA TITLE
Ordinance Amending Chapter 36 of the Santa Ana Municipal Code to Add Regulations Regarding the Operation of Electric Bicycles, Electrically Motorized Boards, Low-Speed Vehicles, and Motorized Scooters; Authorizing Safekeeping, Removal, and Impounding in Certain Circumstances and Prescribing Penalties for Violation
RECOMMENDED ACTION
1. Introduce for first reading an Ordinance Amending Chapter 36 of the Santa Ana Municipal Code to add Regulations Regarding the Operation of Electric Bicycles Electrically Motorized Boards, Low-Speed Vehicles, and Motorized Scooters; Authorizing Safekeeping, Removal, and Impounding in Certain Circumstances and Prescribing Penalties for Violation.
ORDINANCE NO. NS-XXXX entitled 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 BOARDS; AUTHORIZING SAFEKEEPING,
REMOVAL AND IMPOUNDING IN CERTAIN CIRCUMSTANCES, AND
PRESCRIBING PENALTIES FOR VIOLATION
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and/or Section 15061(b)(3).
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
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 bike. The day
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
before on August 10, 2026, there was a serious accident on South Raitt Street resulting in injury to an individual riding an electric bicycle.
A February 20261 study conducted by Children’s Hospital of Orange County, now Rady Children’s Hospital, 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 only four years later. The study went on to find in the data reviewed for pediatric patients that internal injuries, many to the head, face, and neck, are most often sustained in electric bicycle accidents related to speeds greater than 20 miles per hour where children have lost control.
The Orange County District Attorney’s Office has recognized the dangers associated with the operation of electric bicycle and electric motorcycles by minors when, in May 2026, it created a new E-Bike/E-Motorcycle unit- Smart Accountability for E-Bikes and E-Motos and Law Enforcement for Youth. 2 According to the District Attorney’s Office Press Release, more than 100 deaths have been attributed to e-bikes and e-motorcycles in the United States and injuries have spiked 430% in the last four years in Southern California.
In April 2026, California Attorney General Rob Bonta and several Northern California county District Attorneys issued a consumer alert on e-bike safety and legal requirements.3 The purpose of the consumer alert was to remind manufacturers, retailers, consumers, and parents about California safety law governing e-bikes. In particular, the fact that two wheeled vehicles that go over 28 miles per hour with pedal assistance or 20 miles per hour with throttle assistance are not e-bikes. Instead, under California law, these vehicles are mopeds or motorcycles and require additional licensing and age requirements to operate and sell. The consumer alert noted “importantly, modifying an e-bike to exceed the speed limits may transform the e-bike into a motorcycle or moped under California law, and may be a crime if riders do not have appropriate licenses.”
A study published in 2026 4 conducted an analysis of the California Highway Patrol Statewide Integrated Records System (SWIRS) from 2018 to 2024 regarding e-bike 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
2 https://ocdistrictattorney.gov/press/orange-county-district-attorney-todd-spitzer-creates-e-bike-e- motorcycle-prosecution-unit-ride-safely-to-review-cases-involving-illegal-use-of-motorized-vehicles-more- than-100-deaths-have-been-at/
3 https://oag.ca.gov/news/press-releases/too-fast-too-furious-attorney-general-bonta-california-district- attorneys-issue
4 Austin J, Perkins L, Haines LN, Kobayashi L, Berndtson AE, Weaver JL, Santorelli J, Maa J, Ignacio RC, Burruss S, Liepert AE, Costantini TW, Doucet JJ. An exponential increase in e-bike injuries in California. Trauma Surg Acute Care Open. 2026 Jul 17;11(3):e002099. doi: 10.1136/tsaco-2025-002099.
PMID: 42519518; PMCID: PMC13384186.
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
collisions. The study found that e-bike collisions increased sharply during the time studied. In 2018 there were two incidents and in 2024 there were 1,566. The study concluded that e-bike injuries are rapidly increasing in California and are associated with a higher severity of injuries compared with traditional bicycles and found that urgent efforts are needed for targeted prevention, regulatory alignment, and rider education.
The City has recognized the extensive use of electric bicycles and other electric or motorized personal transportation devices such as motorized scooters and electrically motorized boards throughout the City. The City also has the ability to regulate low-speed vehicles pursuant to the California Vehicle Code. While the use of these bicycles and devices provides a less expensive option for transportation and has benefits over gas and diesel fuel cars for the environment, their use is not without dangers to the operators and to the public generally. As a result, the City seeks to adopt an ordinance regulating the use of electric bicycles, electrically motorized boards, low-speed vehicles, and motorized scooters on sidewalks and other public property.
The California Vehicle Code defines several different classes of electric bicycles (also called e-bikes) and other electric or motorized devices relevant to the proposed ordinance as follows:
Name California Vehicle
Code Section
Definition
Electric Bicycle 312.5(a) A bicycle equipped with fully operable pedals and an electric motor that does
not exceed 750 watts of power.
Class 1 Electric
Bicycle
312.5(a)(1) Also called a “low-speed pedal-assisted
electric bicycle” is a bicycle equipped
with a motor that provides assistance
only when the rider is pedaling, that is
not capable of exclusively propelling the
bicycle except with start assistance or a
walk mode that propels the electric
bicycle on motor power alone, up to a
maximum speed of 3.7 miles per hour,
that ceases to provide assistance when
the bicycle reaches the speed of 20
miles per hour, and that is not capable of
providing assistance to reach speeds
greater than 20 miles per hour.
Class 2 Electric
Bicycle
312.5(a)(2) Also called a “low-speed throttle-
assisted electric bicycle” is a bicycle
equipped with a motor that may be used
exclusively to propel the bicycle, and that
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
is not capable of providing assistance
when the bicycle reaches the speed of
20 miles per hour.
Class 3 Electric
Bicycle
312.5(a)(3) Also called a “speed pedal-assisted
electric bicycle” is a bicycle equipped
with a motor that provides assistance
only when the rideR is pedaling, that is
not capable of exclusively propelling the
bicycle except with start assistance or a
walk mode that propels the electric
bicycle on motor power alone, up to a
maximum speed of 3.7 miles per hour,
and that ceases to provide assistance
when the bicycle reaches the speed of
28 miles per hour, and equipped with a
speedometer.
Electrically Motorized
Boards
313.5 Any wheeled device that has a
floorboard designed to be stood upon
when riding that is not greater than 60
inches deep and 18 inches wide, is
designed to transport only one person,
and has an electric propulsion system
averaging less than 1,000 watts, the
maximum speed of which, when
powered solely by propulsion system on
a paved level service, is no more than 20
miles per hour. The device may be
designed to also be powered by human
propulsion.
Low Speed Vehicle 385.5 A motor vehicle that meets all of the following requirements:
(1) has four wheels.
(2) can attain a speed, in one mile, of
more than 20 miles per hour and not
more than 25 miles per hour, on a paved
level surface.
(3) has a gross vehicle weight rating of
less than 3,000 pounds.
A low speed vehicle is not a golf cart
except when operated pursuant to
Section 21115 [golf carts on local
highways] or 21115.1 [golf carts and low-
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
speed vehicles on streets]. It is also
known as a neighborhood electric
vehicle.
Motorized Scooter 407.5 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. This device may also be designed
to be powered by human propulsion.
The proposed ordinance seeks to amend the code to update the definition of bicycle and to add the definitions of electrically motorized board, low-speed vehicle, and motorized scooter consistent with state law.
The proposed ordinance makes it unlawful for any person to operate an electric bicycle:
•on a sidewalk at a speed greater than 10 miles per hour; •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;
•on a sidewalk at a speed greater than is reasonable or prudent under the conditions existing at the time;
•on a sidewalk while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas;
•on a sidewalk at a speed greater than 5 miles per hour under the following circumstances: in a school zone, or adjacent to a school when children are present; or when pedestrians are present; or
•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.
The proposed ordinance makes it unlawful for any person to operate an electrically motorized board:
•on a sidewalk at a speed greater than 10 miles per hour; or •on a sidewalk at a speed greater than 5 miles per hour under the following circumstances: in a school zone, or adjacent to a school when children are present; or when pedestrians are present; or
•on any sidewalk at a speed that is greater than is reasonable or prudent under the conditions exiting at that time;
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
•on a sidewalk while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas;
•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.
The proposed ordinance makes it unlawful for any person to operate a low-speed vehicle on any sidewalk; bike path, trail or bikeway; or 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.
The proposed ordinance makes it unlawful for any person to operate a motorized scooter:
•on a sidewalk when there is a bicycle lane available;
oat a speed greater than 5 miles per hour in a school zone; or oon 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.
The proposed ordinance also makes it unlawful to operate a motorized scooter on a sidewalk, when there is not a bicycle lane, available:
•at a speed greater than 10 miles per hour;
•on a sidewalk at a speed greater than 5 miles per hour under the following circumstances: in a school zone, or adjacent to a school when children are present; or when pedestrians are present;
•at a speed that is greater than is reasonable or prudent under the conditions exiting at that time; or
•while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas.
In particular, local regulation regarding motorized scooters must take into account California Vehicle Code §21229 which mandates that when a roadway has a Class II bicycle lane, a motorized scooter shall ride within the bicycle lane.
The California Vehicle Code already regulates certain operations of electric bicycles, electrically motorized boards, low-speed vehicles, motorized scooters, and the use of helmets. The City is only allowed to regulate certain aspects of these operations not already regulated by the State.
Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
The proposed ordinance authorizes the City Council to designate by resolution other areas generally open to the public as locations where the operation of electric bicycles, electrically motorized boards, low-speed vehicles, and motorized scooters are prohibited.
The City would post signs at those locations to give notice to the public.
The proposed ordinance allows a peace officer to take an electric bicycle, electrically motorized board, low-speed vehicle, and motorized scooter being operated by a minor for safekeeping if no parent or legal guardian is present and the peace officer reasonably believes the minor is operating the electric bicycle, electrically motorized boards, low- speed vehicles, and motorized scooters in a manner that violates the code and which constitutes an immediate danger to the health and safety of the minor operator or members of the public. Any electric bicycle, electrically motorized board, low-speed vehicle, or motorized scooter held for safekeeping will be released to the owner if age 18 or over or a parent/legal guardian of the owner if under age 18.
California Vehicle Code §22651.08 allows a peace officer to remove a vehicle located within the territorial limits in which the officer may act, under either of the following circumstances:
1. A person is operating a vehicle with fewer than four wheels that does not meet the definition of an electric bicycle set forth in Section 312.5 [of the Vehicle Code] and is both of the following:
(A) Powered by an electric motor capable of exclusively propelling he vehicle in excess of 20 miles per hour on a highway.
(B) Being operated by an operator who is not licensed to operate the vehicle.
2. A person is operating a vehicle that is a class 3 electric bicycle in violation of subdivision (a) of Section 21213 [meaning the person is under 16 years old].
Vehicle Code §22651.08(b)(1) allows a City to adopt at a public meeting an ordinance imposing charges equal to its administrative costs relating to removal, seizure, and storage costs and mandates that such costs not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing the vehicle. Vehicle Code §22651.08 specifies that the City shall publicly and conspicuously post the schedule of charges on their internet website and specifies the vehicle shall be released after a minimum of 48 hours if the request for release is made during normal business hours and the applicable removal, seizure, and storage costs have been paid.
Finally, Vehicle Code §22651.08 provides that the City may condition the release of an impounded class 3 electric bicycle operated by a minor under 16 on proof that the violator has completed an electric bicycle safety and training program as specified in Streets and Ordinance Regarding the Operation of Electric Bicycles and Powered Personal Transportation Devices
September 15, 2026
7 0
0 1
Highway Code §894 or a related safety course specified by the Police Chief or his designee.
The proposed ordinance seeks to enact the provisions of §22651.08 of the Vehicle Code in the City of Santa Ana and allow for impounding of the vehicles specified in §22651.08 and any Class 3 Electric Bicycle operated by a minor under 16 years old. The proposed ordinance provides for a hearing to contest the safekeeping, impound, and seizure when requested by the owner and/or parent/legal guardian of the operator and authorizes the City to recover administrative costs. The amount of administrative costs will be determined by the Santa Ana Police Department and a resolution will be presented to the City Council for approval to authorize a specific fee based upon a determination of the actual costs.
Fines for violation of the proposed ordinance shall be assessed pursuant to section 36- 27(b) of the municipal 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. The proposed ordinance provides the ability for the city to hold parent(s) accountable when they knowingly authorize or permit a minor to violate this law.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review 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).
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Proposed Ordinance
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager