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,
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.
WHEREAS, there has been a marked increase in the sale of electric bikes in recent years; and
WHEREAS, electric bicycles are a less expensive option for transportation with environmental benefits compared to gasoline and/or diesel powered vehicles or devices. However, electric bicycles also operate at speeds not normally seen by operators of traditional bicycles exclusively powered by human power; 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 five fatal (5) collisions involving electric bicycles; 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, 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
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 section 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 section 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 section 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, AB 875 (2026) gives local police agencies the ability to impound Class 3 electric bicycles operated by a person under the age of 16; and WHEREAS, due to the operation of electric bicycles at higher speeds (up to 20-28 miles per hour) then bicycles exclusively powered by human power, studies have found an increase in the potential for serious injuries and fatalities when crashes occur2.
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 2 The United States Consumer Product Safety Commission’s April 2026 reported “Micromobility ProductsRelated Deaths, Injuries, and Hazard Patterns: 2017-2024 found that e-bike fatalities increased from zero in 2017 to 97 in 2024 for a total of 310 during the studied time frame. Staff review of information available regarding the 310 e-bike fatalities indicated the following hazards: collisions with moving or parked vehicle was the leading cause of death; 61 were due to control issues, such as crashing into fixed objects; 19 fatalities were associated with lithium-ion battery related fires and an additional 19 involved accidents with pedestrians, 35 resulted from unknown falls, 2 resulted from component failures, and 3 from intoxication at the time of the accident. https://www.cpsc.gov/s3fs-public/Micromobility_ProductsRelated_Deaths_Injuries_and_Hazard_Patterns_2017-2024.pdf Austin J, Perkins L, Haines LN, Kobayashi L, Berndtson AE, Weaver JL, et al. An exponential increase in e-bike injuries in California. Trauma Surgery & Acute Care Open. 2026;11:e002099. https://doi.org/10.1136/tsaco-2025-002099. 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 urgent efforts are needed for targeted prevention, regulatory alignment, and rider education.
Ordinance No. NS-XXX
Municipal Code to amend the definition of bicycle and to add definitions for the different classes of electric bicycles as follows (added language is underlined, deleted language is stricken):
Chapter 36- TRAFFIC
ARTICLE I. – IN GENERAL
DIVISION 1.- DEFINITIONS
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. means a device upon which a person may ride, propelled exclusively by human power through a belt, chain or gears or when equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power, and having one or more wheels, and has the same meaning as California Vehicle Code section 231 as it may be amended from time to time. “Bicycle” includes any Class 1, 2 and 3 electric bicycle and any other electric bicycle.
Sec. 36-7.1 – Electric Bicycle.
“Electric bicycle” means a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power, and has the same meaning as in California Vehicle Code section 312.5(a), as it may be amended from time to time. “Electric bicycle” includes all classes of electric bicycles.
Sec. 36-7.2 – Class 1 Electric Bicycle.
“Class 1 electric bicycle” or “low-speed pedal assisted electric bicycle” means 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 when it has 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 20 miles per hour, that is not capable of providing assistance to reach speeds greater than 20 miles per hour, and has the same meaning as in California Vehicle Code section 312.5(a)(1), as it may be amended from time to time.
Sec. 36-7.3 – Class 2 Electric Bicycle.
“Class 2 electric bicycle” or “low-speed throttle-assisted electric bicycle” means 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, and has the same meaning as in California Vehicle Code section 312.5(a)(2), as it may be amended from time to time.
Ordinance No. NS-XXX
Sec. 36-7.4 – Class 3 Electric Bicycle.
“Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” means 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 when it has start assistance or a walk mode that propel the electric bicycle on motor power alone, up to a 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 is equipped with a speedometer, and has the same meaning as in California Vehicle Code section 312.5(a)(3), as it may be amended from time to time.
Section 3. The City Council for the City of Santa Ana hereby amends section 36- 41 of Division 2 “Administration, Enforcement and Miscellaneous Provisions” of Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to read as follows (added language is underlined, deleted language is stricken):
DIVISION 2. – ADMINISTRATION, ENFORCEMENT AND
MISCELLANEOUS PROVISIONS
Sec. 36-41. Miscellaneous driving movements and acts prohibited.
No person shall:
(1) Drive between the vehicles comprising a funeral procession while it is in motion and when such vehicles are identified as part of such procession by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the chief of police.
This provision shall not apply at intersections where traffic is controlled by trafficcontrol signals or police officers. (2) While riding any bicycle, motorcycle, coaster, skateboard, or motorized skateboard, roller skates, or any toy vehicle, attach the same or himself to any moving vehicle upon any roadway, and no person driving any vehicle shall permit the same to be done.
(3) Drive any motor vehicle within or over any sidewalk area or any parkway except at a driveway.
(4) Drive over or across any new pavement or freshly painted marking, when any street barrier, sign or marking is in place, warning persons not to drive over or across the same, or when a sign is in place stating that the street, or any portion thereof, is closed.
(5) Drive or operate a vehicle contrary to the directions or provisions of any barrier Ordinance No. NS-XXX
or sign erected pursuant to the provisions of any ordinance of the city, or by any public utilities, or by any department of the city, or by any other person pursuant to law or contract with the city, and no unauthorized person shall move or alter the position of any such barrier or sign.
(6) Drive a vehicle onto or from any freeway except at such entrances and exits as are established by public authority.
(7) Park any vehicle within three hundred (300) feet of any fire apparatus which is stopped in answer to a fire alarm.
(8) Ride a bicycle or skateboard upon a sidewalk within a business district, as that term is defined in California Vehicle Code, Section 235. Whenever any person is riding a bicycle or skateboard upon a sidewalk other than in a business district, or in any other public place, such person shall yield the right-of-way to any pedestrian.
(9) Drive a vehicle into an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians in such intersection or crosswalk, notwithstanding any official traffic-control device or signal indication to proceed. (10) Drive any motor vehicle upon or over a median.
(11) Ride a bicycle, skateboard, motorized scooter, roller skates, or any other device or conveyance with a riding surface of any design which is designed to be or can be propelled by human power within the civic center. Any person convicted of violating this subsection shall be punished by a fine which shall not exceed twenty-five dollars ($25.00) and for any subsequent convictions within one year shall be punished with a fine which does not exceed seventyfive dollars ($75.00).
Section 4. The City Council for the City of Santa Ana hereby adds Division 3 entitled “Regulation of Bicycles” to Article 1 (In General) of Chapter 36 (Traffic) of the Santa Ana Municipal Code to read as follows (added language is underlined, deleted language is stricken):
DIVISION 3. – REGULATION OF BICYCLES
Sec. 36-50. – Unlawful Operation of a Bicycle.
(a) It shall be unlawful to operate a bicycle in an unsafe manner on any public sidewalk or private sidewalk held open for public use in the City.
Operating a bicycle on a sidewalk in an unsafe manner includes, but is not Ordinance No. NS-XXX
limited to, any one or more of the following:
(1) operating at a speed greater than 10 miles per hour; or (2) operating at a speed greater than 5 miles per hour in a school zone or when pedestrians are present; or
(3) 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; or
(4) operating at a speed greater than is reasonable or prudent under the conditions existing at the time; or
(5) operating while failing to obey any posted signs regulating operation including signs prohibiting operation in specified areas; or (6) operating while lifting the front or back wheel off the ground and only maintaining one wheel on the sidewalk; or
(7) operating while failing to yield the right-of-way to pedestrians. (b) It shall be unlawful to operate a bicycle on a sidewalk or walkway within the civic center; on any public playground; on any public sports field; on any grass or synthetic turf in a public park, parkway, or public right-of-way; on any public dirt walking path, unpaved trail; or any splash pad.
Sec. 36-51. – Removal and Impoundment; Safekeeping; Recovery of Administrative Costs.
(a) Pursuant to California Vehicle Code section 22651.08((a)(2), a peace officer is authorized to remove and impound a Class 3 electric bicycle operated by a person under the age of sixteen (16).
(b) A Class 3 electric bicycle impounded pursuant to California Vehicle Code section 22651.08((a)(2) 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) The applicable removal, seizure, and storage costs have been paid; and
(3) The owner, operator, or the parent or legal guardian of the owner or Ordinance No. NS-XXX
operator delivers 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 of Police’s designee.
(c) If a person under the age of 18 is found in violation of section 36-50, and no parent or guardian is present, and the violation for which the bicycle 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 bicycle and transport the device or tow the bicycle as necessary for safekeeping to the Santa Ana Police Department or a designated holding facility. The bicycle shall be released by the Santa Ana Police Department or its designee as soon as practicable 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 bicycle provided the owner is over the age of 18. (d) The City Council shall by resolution establish a fee in an amount not to exceed the actual administrative costs directly related to the safekeeping, removal, impoundment, and storage of a bicycle pursuant to this section. (e) A parent or legal guardian of a person under the age of 18 operating an impounded Class 3 electric bicycle under subsection (a) and/or legal owner over the age of 18 may contest the removal and impoundment by filing a request for a poststorage hearing as required pursuant to California Vehicle Code section 22852 as may be amended from time to time.
(f) 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. (g) Any bicycle impounded or kept for safekeeping pursuant to this division that is not retrieved by the legal owner or a parent or legal guardian of a minor operator within ninety (90) days after the date of impoundment or safekeeping shall be considered abandoned and the City may dispose of it pursuant to section 2-705 or 2- 705.5 of this code.
Sec. 36-52. - Penalties.
(a) A violation of section 36-50 shall be deemed an infraction. A fine shall be assessed pursuant to section 36-27(b) of this code.
(b) Notwithstanding subsection (a), any violation of section 36-50, 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 an amount established by resolution of the City Council.
(c) The remedies provided by this section are cumulative and in addition to any Ordinance No. NS-XXX
other remedies available to the city at law or in equity. (d) This section 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 a bicycle including any class of electric bicycle.
Sec. 36-53. – Responsibility of Parent or Legal Guardian The parent or legal guardian of any minor, shall not authorize or knowingly permit any minor child to violate section 36-50.
(a) any parent or legal guardian who knowingly authorizes or permits any minor to violate section 36-50 of this code 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. (b) After determining that a minor has operated a bicycle in violation of section 36-50 of this code, the city may issue written notice to the minor’s parent or legal guardian. The notice may advise that:
(1) Operation of a bicycle in violation of section 36-50 of this code may result in civil liability for damages caused by a minor. (2) 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 criminal or civil responsibility under applicable state law; and
(3) Failure to take reasonable steps to prevent further violations may be considered evidence of negligent supervision or other liability as provided by law.
Sec. 36-54.- 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 5. 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 Ordinance No. NS-XXX
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 6. If any section, subsection, clause or phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of 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 7. This ordinance shall become effective thirty (30) days after its adoption.
Section 8. 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 October, 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 __________________________________ 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
CERTIFICATE OF ATTESTATION AND ORIGINALITY