Police Department
www.santa-ana.gov/pd
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Ordinance Regarding the Operation of Bicycles Including Electric Bicycles
AGENDA TITLE
Ordinance Amending Sections 36-7 and 36-41 of Chapter 36 (Traffic) of the Santa Ana Municipal Code and Adding Division 3 to Article 1 of Chapter 36 Pertaining to Regulations Regarding the Operation of Bicycles Including Electric Bicycles; 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 (Traffic) as follows:
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, SPECIFICALLY SECTIONS 36-7 REGARDING BICYCLES AND 36-41 REGARDING MISCELLANEOUS DRIVING MOVEMENTS AND ACTS PROHIBITED, ADDING DIVISION 3 REGARDING REGULATIONS OF
BICYCLES INCLUDING ELECTRIC BICYCLES, AUTHORIZING SAFEKEEPING,
REMOVAL AND IMPOUNDING IN CERTAIN CIRCUMSTANCES, AND
ESTABLISHING 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
State law includes electric bicycles (e-bikes) in the definition of bicycles. (California Vehicle Code section 231) In recent years there has been a marked increase in the sale of electric bikes and these bikes are very popular with minors and adults alike. Ebikes, similar to traditional bicycles, offer a less expensive transportation option versus Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 6, 2026
a motor vehicle and are considered a more climate-friendly alternative to gas or dieselpowered vehicles or devices. However, e-bikes also operate at speeds not normally seen by operators of traditional bicycles exclusively powered by human power and recent studies have equated e-bike accidents with an increase in the amount of accidents and the severity of injuries when compared to traditional bicycle accidents.
A February 2026 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 e-bike 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 e-bikes 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. 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. 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 July 2026, conducted an analysis of the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) from 2018 to 2024 regarding ebike 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 recognizes the extensive use of e-bikes throughout the City, the popularity amongst minors particularly teenagers, and the propensity for serious injury as a result of accidents. On August 11, 2026, there was a fatal accident at Santiago Street and Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 6, 2026
Santa Ana Boulevard in the City of Santa Ana involving an individual riding an electric bike. The day before, on August 10, 2026, there was a serious accident on South Raitt Street resulting in injury to an individual riding an electric bicycle. In the past three years, there have been five fatal accidents in the City involving e-bikes. The proposed ordinance seeks to regulate the use of bicycles including all classes of e-bikes on sidewalks and other public property in an effort to protect both pedestrians and operators of e-bikes.
The California Vehicle Code defines several different classes of e-bikes 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 pedalassisted 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 throttleassisted electric bicycle” is a bicycle equipped with a motor that may be
used exclusively to propel the
bicycle, and that 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
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 6, 2026
assistance only when the ride 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.
Proposed Amendments
The ordinance amendment seeks to change the current municipal code to update the definition of bicycle and to add definitions for electric bicycles including those defined as class 1 – class 3. All of these definitions will align with those definitions set forth in the California Vehicle Code.
The proposed ordinance will also move certain prohibited bicycle operations already in section 36-41 of the code into the proposed Division 3 of Article 1 of Chapter 36 regulating the operation of bicycles.
The amendment proposes to regulate bicycles by making it unlawful for any person to operate a bicycle including an electric bicycle in an unsafe manner on any public sidewalk or private sidewalk held open for public use in the City. Operating a bicycle in an unsafe manner includes, but is not limited to, any one or more of the following:
• Operating at a speed greater than 10 miles per hour;
• Operating at a speed greater than 5 miles per hour in a school zone or when pedestrians are present;
• Operating in a manner not consistent with the design of the bicycle including, but not limited to, carrying more passengers than the manufacturer’s specifications allow or carrying passengers in a manner other than designed; • Operating at a speed greater than reasonable or prudent under the conditions existing at the time;
• Operating while failing to obey any posted sign regulating operation including signs prohibiting operation in specified areas; and/or
• Operating while failing to yield the right-of-way to pedestrians.
In addition, it would be unlawful to operate a bicycle including an e-bike as follows:
• On a sidewalk or walkway in the Civic Center (previously in Section 36-41); • On any public playground;
Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 6, 2026
• On any public sports field; on any grass or synthetic turf in a public park, parkway, or public right-of-way; and/or
• On any public dirt walking path, unpaved trail, or any splash pad.
Safekeeping
The ordinance amendment authorizes a peace officer to hold a bicycle for safekeeping if a minor is found in violation of section 36-50 and no parent or legal guardian is present and the violation constitutes an immediate danger to the health and safety of the minor or member of the public. If the bicycle is held for safekeeping, it is to be released as soon as practicable and a fee for actual administrative costs related to holding the bicycle for safekeeping may be charged.
Impounding in Certain Circumstances
California Vehicle Code section 22651.08 authorizes a peace officer to remove and impound a class 3 electric bicycle being operated by a minor under the age of 16. State law also authorizes the City to charge a fee for the impound not to exceed its actual administrative costs directly related to the removal, impounding, and storage of the class 3 bicycle. 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.
The ordinance authorizes release of any impounded class 3 electric bicycle after 48 hours and payment of applicable fees and proof that the operator 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 the Chief’s designee. Further, a legal owner of the class 3 electric bicycle over the age of 18 or the operator’s parent or legal guardian may contest impounding pursuant to California Vehicle Code section 22852.
Finally, the proposed ordinance amendment provides that any bicycle left after safekeeping or impounding in excess of 90 days is considered abandoned and allows the City to dispose of such property pursuant to sections 2-705 and 2-705.5 of the municipal code.
Penalties
The proposed penalties for operating a bicycle in an unsafe manner are an infraction and/or an administrative citation pursuant to section 1-21 et seq, of the code. If cited as an infraction, the fines will not exceed the following:
• Initial conviction- Fifty dollars ($50.00);
• Second conviction within a one year period- One hundred dollars ($100.00); or Ordinance Regarding the Operation of Bicycles Including Electric Bicycles October 6, 2026
• Third or subsequent conviction within a one year period- Two hundred and fifty dollars ($250.00).
Responsibility of Parent or Legal Guardian
The amendments allow the City to issue a citation to any parent that knowingly authorizes or permits a minor to violate section 36-50 [Unlawful Operation of a Bicycle] regardless of whether the minor is cited. The City may also issue a written notice to the minor’s parent or legal guardian advising as follows:
• Operating of a bicycle in violation of section 36-50 of the code may result in civil liability for damages caused by the minor;
• Knowingly permitting, encouraging, or supplying a bicycle to a minor who is operating it in violation of this code may subject the parent or legal guardian to civil or criminal responsibility under applicable state law; and • Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by 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
Potential revenues from citations or penalties remain indeterminate at this time, as staff intends to prioritize public education on the new ordinance over active enforcement resulting in fines.
EXHIBIT(S)
1. Proposed Ordinance
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager