cc 2024 AR 01/09 amend vmc ch 10.68 to include e-bikes and traffic safety laws

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH1
Prepared by: Cassidy McCarthy, CAP Program Administrator Meeting Date: January 9, 2024 Approved by:

Imelda Huerta, Assistant City Manager
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: AMENDING CHAPTER 10.68 OF THE VISTA MUNICIPAL CODE TO INCLUDE E-BIKES AND TRAFFIC AND SAFETY LAWS.

RECOMMENDATION:

1.Open, conduct, and close public hearing to receive testimony regarding amending Chapter 10.68 of the Vista Municipal Code regarding bicycles.

2.Introduce and adopt City Council Ordinance No. 2024- , amending Chapter 10.68 of the Vista Municipal Code regarding bicycles.

CORRELATION TO CITY COUNCIL GOALS: Public Safety, and Traffic: Continue to improve the flow of traffic for all forms of travel, reduce congestions, and improve our roads and sidewalks.

PRIOR ACTION: On January 27, 2015, adopted City Council Ordinance 2015-3 amending section

10.68.100 of the Vista Municipal Code with Respect to Bicycles on Sidewalks (Vote: 4-1, Rigby opposed).

On November 10, 1998, adopted City Council Ordinance 98-12 amending Section 10.68 of the Vista Municipal Code Prohibiting the Operation of Bicycles on Sidewalks (Vote: 4-0).

On September 8, 1975, adopted City Council Ordinance 75-36 amending certain sections of Chapter 5 of the Vista City Code pertaining to Regulations Regarding Bicycle Licenses (Vote: 5-0).

PRIOR TRAFFIC COMMISSION ACTION: On December 6, 2023, approved a draft amending Chapter 10.68 of the Vista Municipal Code regarding bicycles and recommended City Council approval (Vote: 6-0, Alberto absent).

STATEMENT ON THE SUBJECT: Public safety and traffic are two of the City Council’s goals for the 2022-2024 term; pedestrian and bicyclist safety are two key components of those goals. The current Vista Municipal Code (VMC) Chapter 10.68, regarding bicycles and bicyclist safety, was adopted in 1975, and last updated in 2015. It focuses on the bicycle license requirement, which is now prohibited by Assembly Bill 1909 (Friedman), as well as the riding of bicycles on sidewalks. With the rise of electric bicycles (or e- bikes), and other electric or motorized devices, as a common mode of transportation for children and adults, this section of the VMC should reflect these modern developments to help keep both pedestrians and cyclists safe.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
Approved above recommendation, introduced and adopted City Council Ordinance 2024-1. Vote: 5-0.

MEETING DATE: January 9, 2024 PAGE 2
SUBJECT: AMENDING CHAPTER 10.68 OF THE VISTA MUNICIPAL CODE TO INCLUDE E-BIKES

AND TRAFFIC AND SAFETY LAWS
The implementation of multi-modal transportation and neighborhood traffic calming projects have been a priority for the City Council and staff has worked on advancing several infrastructure projects to enhance bicycle mobility and safety, such as the implementation of green bike lanes and separated bicycle facilities. To supplement the ongoing infrastructure implementation efforts, city staff reviewed the existing City bicycle regulations with a focus on e-bikes and made necessary updates aimed at improving safety for this mode of travel.

Per the Vista Sheriff’s Department, there have been an average of 13 bicycle related collisions a year since 2018 with the majority involving regular bicycles. In 2023, there were 21 bicycle related collisions with two being confirmed as e-bike related collisions to date. As of October 2023, Sheriff’s deputies have also noticed an increase in accidents in the region with motorized bicycles that do not have pedals and are not street legal.

Staff researched existing outreach programs and policies for several cities regarding e-bike safety and engaged with local stakeholders including the San Diego County Bicycle Coalition (Bike Coalition) to discuss best practices when amending regulations on bicycle and e-bike safety.

As a result of this research and outreach, staff is proposing to amend Chapter 10.68 of Title 10 of the VMC to include:
•Revised definition of a bicycle to include electric bicycles. •Revised definitions of:
o Bicycle Identification
o Bikeway
o Crosswalk
o Motorized Bicycle or Moped
o Motorized Scooter
o Roadway
o Sidewalk
•Removal of bicycle license requirements
•Addition of the following sections:
o Riding of Bicycles
o Bikeways
o Dismount in Crosswalks and on Sidewalks
o Bicycle Parking
o Traffic and Safety Laws Apply to Persons Riding Bicycles o Motorized Scooters & Motorized Bicycles
o Enforcement
In addition to engaging with the Bike Coalition to help guide code revisions, staff have been working with Vista Unified School District (VUSD) to understand the challenges schools are facing with e-bikes today and focus on the education and outreach portion of bicycle safety. Several bicycle assemblies led by the Bike Coalition and hosted by VUSD have been scheduled from October 2023 through April 2024 at various middle schools within the school district. Staff is working with VUSD representatives to assist with these assemblies and have posted the upcoming assemblies to the City’s website, along with links to the English and Spanish versions of the flyers for the events. In addition, staff will be coordinating a presentation with VUSD and the Bike Coalition regarding bike/e-bike safety to be held at the Civic Center prior to the start of the next school year.
01/09/2024 PH1 2 of 15

MEETING DATE: January 9, 2024 PAGE 3
SUBJECT: AMENDING CHAPTER 10.68 OF THE VISTA MUNICIPAL CODE TO INCLUDE E-BIKES

AND TRAFFIC AND SAFETY LAWS
Other outreach opportunities in process include:
•Distributing informational material at City events
•Adding a webpage dedicated to bicycle safety on the City’s website that will include:
o A link to the DMV bike and pedestrian safety website
o A link to the California Highway Patrol (CHP) Electric Bicycle Safety & Training website •Hosting a bike safety assembly at the Civic Center Community Room mid to late 2024, as mentioned above
The revisions to the code, especially the definitions, are pulled directly from the California Vehicle Code or the California Streets and Highways Code. For pedestrian and cyclist safety staff has kept the section banning riding a bicycle or e-bike on sidewalks, as well as added a section requiring cyclists to dismount from their bike and walk if operating in a crosswalk or on a sidewalk. The section on enforcement grants the Sheriff Captain or designee the ability to allow first time violators of this chapter to complete a law enforcement department-approved bicycle safety course in lieu of paying a fee.

The proposed revisions to the VMC were presented to the City’s Traffic Commission and approved for City Council recommendation on December 6, 2023. There were no questions, comments, or concerns raised by the Commission or the public in this meeting.

FISCAL IMPACT: There is no direct fiscal impact.

EXHIBITS:

1.City Council Ordinance No. 2024- , amending Chapter 10.68 of the Vista Municipal Code regarding bicycles

2.Vista Municipal Code Chapter 10.68 Bicycles – redlined version

3.Vista Municipal Code Chapter 10.68 Bicycles – clean version 01/09/2024 PH1 3 of 15

00084444 2
ORDINANCE 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA AMENDING CHAPTER 10.68 OF THE VISTA

MUNICIPAL CODE REGARDING BICYCLES
The City Council of the City of Vista does ordain as follows:

1. Findings. The City Council hereby finds and declares all of the following:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The City Council intends that this ordinance be construed and applied in a manner that is consistent with state law, the provisions of the Vista Municipal Code, other local enactments, and all voter-approved measures.

C. The City Council finds and determines that to promote bicycle safety, including e- bike safety, in the City of Vista, certain changes to the Vista Municipal Code pertaining to the operation and use of bicycles and e-bikes within the City of Vista are necessary.

2. Code Amendment.

Chapter 10.68 of the Municipal Code is amended and restated in full as follows:
“Chapter 10.68
Bicycles
Sections:

10.68.010 Definitions

10.68.020 Destroying Bicycle Identification

10.68.030 Riding on Sidewalks

10.68.040 Riding on Bicycles

10.68.050 Bikeways

10.68.060 Dismount in Crosswalk & on Sidewalk

10.68.070 Bicycle Parking

10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles

10.68.090 Motorized Scooters & Motorized Bicycles

ORDINANCE NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
4876-3361-8839, v. 1
“Bicycle Identification” is any bicycle license indica, registration form, serial number, or identification marks on any bicycle.
“Bikeway” means all facilities that provide primarily for, and promote, bicycle travel or as otherwise defined by California Streets and Highways Code 890.4.
“Crosswalk” is any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface or as otherwise defined in California Vehicle Code Section 275.
“Motorized Bicycle” or “Moped” is a two-wheeled device with or without operational pedals, an automatic transmission, and an electric or gas- powered motor that can propel the device and rider at speeds no greater than 30 miles per hour or as otherwise defined by California Vehicle Code Section 406 as may be amended from time to time.
“Motorized Scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding and is powered by an electric motor, or as otherwise defined by California Vehicle Code Section 407.5 as may be amended from time to time.
“Roadway” means all facilities that are ordinarily used for vehicular travel or as otherwise defined in California Vehicle Code Section 530. “Sidewalk” means the portion of the public right of way used for pedestrian traffic. The term “sidewalk” excludes any area primarily designated for use by vehicles, bicycles, the conveyance of storm water or planted with landscape.

Section 10.68.020 Destroying Bicycle Identification
It is unlawful for any person to willfully or maliciously remove, destroy, alter, tamper with or mutilate any bicycle license indicia, registration form, serial number or identification marks on any bicycle frame during the time such indicia is operative. However, nothing in this chapter prohibits the license collector from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes.
(Prior Code 5-1O; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76)
Section 10.68.030 Riding on Sidewalks
Bicycle Restriction. It is unlawful for any person to ride or operate a bicycle upon any sidewalk in the city, with the exception of locations included in the City's Bicycle Master Plan with proper signage and striping as approved by the City's Traffic Engineer. Law enforcement officers shall be exempt from the provision of this section when in the performance of their duties. 01/09/2024 PH1 5 of 15

ORDINANCE NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3
4876-3361-8839, v. 1
(Ord. No. 98-12, Added, 11/10/98; Ord. No. 2015-3, Amended, 1/27/15)

Section 10.68.040 Riding on Bicycles

A. Any person riding or operating a bike shall always exercise reasonable care and observe all applicable laws.

B. It shall be unlawful for any person to ride in a manner not designed by the bicycle manufacturer for passenger riding. There shall be a manufacturer installed seat for the rider and every passenger on a bicycle. It shall be unlawful for the operator of any bicycle to carry any other person upon the handlebars or pegs of any bicycle.

Section 10.68.050 Bikeways

Whenever a usable bikeway for bicycles has been provided adjacent to a roadway, bicycle riders shall use such bikeway and shall not use the roadway, unless otherwise provided in California Vehicle Code Section 21208.

Section 10.68.060 Dismount in Crosswalk and on Sidewalk

Every bicycle operator using a crosswalk to cross an intersection or using a sidewalk shall dismount from their bicycle to use the crosswalk or sidewalk.

Section 10.68.070 Bicycle Parking

A. No person shall park a bicycle on a public street or roadway.

B. It is permissible to park a bicycle on a sidewalk in a bike rack to support the bicycle or against a building or on a sidewalk in such a manner as to afford the least obstruction to pedestrian traffic.

Section 10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles

Every operator or passenger riding a bicycle on a roadway or bikeway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator or passenger of a vehicle established in this charter and as otherwise provided in Sections 21200-21213 of the California Vehicle Code.

The above is intended to require riders and operators of bicycles to always ride at speeds appropriate for the road conditions, always ride on the right side of the road and in the same direction of vehicle travel on said road, obey all traffic signs, speed limits and all other applicable laws and regulations. In addition, it is intended to require riders and operators of bicycles to ride safely during daylight or darkness, maintain the safety features of their bicycles, and wear safety gear as provided by Sections 21200-21213 of the California Vehicle Code.

01/09/2024 PH1 6 of 15

ORDINANCE NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 4
4876-3361-8839, v. 1
Section 10.68.090 Motorized Scooters & Motorized Bicycles Every operator or rider of a motorized scooter or motorized bicycle is required to follow the laws of this charter as if operating as a bicycle rider and as otherwise provided in the California Vehicle Code. In addition, a person may not operate a motorized scooter or motorized bicycle unless that person holds a valid driver’s license with appropriate classifications as provided by the California Vehicle Code Section 12804.9.

Section 10.68.100 Enforcement
In lieu of the imposition of the penalties authorized by this title and/or the filing of charges in a court of competent jurisdiction, the Sheriff Captain or designee may allow a first-time violator of this chapter to complete a law enforcement department-approved bicycle safety course.”

3. Severability. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

4. Effective Date. This Ordinance shall be in full force and effect on the thirty-first day following the date of its adoption.

5. Adoption. INTRODUCED and ADOPTED at a meeting of the City Council of the City of Vista held on January 9, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:

APPROVED
Walter C. Chung
20231215095417
01/09/2024 PH1 7 of 15

4855-8208-2199, v. 1
Chapter 10.68
Bicycles
Sections:

10.68.010 Definitions

10.68.020 Destroying Bicycle License RequiredIdentification

10.68.030 License Type and Term Riding on Sidewalks

10.68.040 Contents of License Records Riding on Bicycles

10.68.050 Duties of Retailer and Dealer Bikeways

10.68.060 Change Dismount in Ownership or AddressCrosswalk & on Sidewalk

10.68.070 Transfer of License

10.68.080 Bicycle License FeeParking

10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles

10.68.090 Destroying Bicycle Identification Motorized Scooters & Motorized Bicycles

10.68.100 Riding on SidewalksEnforcement
Section 10.68.010 Definitions
“"Bicycle” means" is any device on which aany person may ride, which is propelled exclusively by human power through a system of belts, chainsor has fully operable pedals and an electric motor of less than 750 watts, or gears, and which has either two or three wheelsas otherwise defined in tandem or tricycle arrangement, one of which is at least 20 inches in diameter, and a frame size of at least 14 inches.California Vehicle Code Section 231 & 312.5 as may be amended from time to time.
(Prior Code 5-1; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.020 “Bicycle License Required
ItIdentification” is unlawful for any person to operate or use a bicycle on the streets of the city, unless a license has first been obtained therefore from the license collector. (Prior Code 5-2; Ord. No. 75-36, Amended 2/9/75)
Section 10.68.030 License Type and Term
The bicycle license indicia issued shall be that provided by the California Department of Motor Vehicles and such license shall be effective until December 31, 1978, and shall be renewable for three-year periods thereafter. The license collector shall issue to the owner of the licensed bicycle a copy of theindica, registration form obtained from the Department of Motor Vehicles. (Prior Code 5-3; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.040 Contents of License Records
During the period of validity of the license, or until notification that the bicycle no longer is to be operative, the license collector shall keep a record of all license numbers issued pursuant to this chapter in the files of the license department. Such record shall contain the following information:

A. Licensee. Name, address and age of the person to whom such license is issued.

B. Date of Purchase. Date of purchase of such bicycle by such licensee. 01/09/2024 PH1 8 of 15
EXHIBIT 2

4855-8208-2199, v. 1
Description of Bicycle. The make, type and , serial number of such, or identification marks on any bicycle.
(Prior Code 5-5; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.050 Duties of Retailer
“Bikeway” means all facilities that provide primarily for, and Dealer A. Eachpromote, bicycle retailer and each bicycle dealer located in the city shall supply to each purchaser a preregistration form provided by the license collector and shall include on the sales checktravel or receipt given to the purchaser, a record of the following information:
name of retailer, address of retailer, year and make of the bicycle, serial number of the bicycle if delivered to the purchaser in an assembled state, general description of the bicycle, name of purchaser and address of purchaser.

B. For the purposes of this chapter, a “Bicycle Dealer” is any person who sells, gives away, buys or takes in trade for the purpose of resale more than five bicycles in any one calendar year, whether or not such bicycles are owned by such person. A bicycle dealer also includes agents or employees of such person.
(Prior Code 5-6; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.060 Change in Ownership or Address
Whenever any person sells or as otherwise disposes of a bicycle, he shall endorse upon the registration certificate previously issued for such bicycle, a written transfer of same, setting forth the name, address, telephone number of the transferee, date of transfer and signature of the transferor, and shall deliver the registration certificate so endorsed to the license collector within ten days of such eventdefined by California Streets and Highways Code 890.4. (Prior Code 5-7; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.070 Transfer of License
Any person who purchases or otherwise acquires possession of a bicycle shall, within ten days of taking possession, apply to the license inspector for the transfer of the license to his name. (Prior Code 5-8; Ord. No. 75-36, Amended 2/9/75)
Section 10.68.080 Bicycle License Fee
A. License fees for registration and licensing of a bicycle shall be paid in accordance with the following schedule:

Fee

1. Unexpired term of license:

Less than two years $1.00
Over two years, but less than three years 2.00
Full term of three years 3.00

2.For replacement of a lost or destroyed
Bicycle license indicia 1.00

3.For transfer of ownership 1.00
B. All fees shall be paid in advance.
01/09/2024 PH1 9 of 15

4855-8208-2199, v. 1
(Prior Code 5-9; Ord. No. 75-36, Amended 2/9/75)
Section 10.68.090
“Crosswalk” is any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface or as otherwise defined in California Vehicle Code Section 275.
“Motorized Bicycle” or “Moped” is a two-wheeled device with or without operational pedals, an automatic transmission, and an electric or gas-powered motor that can propel the device and rider at speeds no greater than 30 miles per hour or as otherwise defined by California Vehicle Code Section 406 as may be amended from time to time. “Motorized Scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding and is powered by an electric motor, or as otherwise defined by California Vehicle Code Section 407.5 as may be amended from time to time.
“Roadway” means all facilities that are ordinarily used for vehicular travel or as otherwise defined in California Vehicle Code Section 530. “Sidewalk” means the portion of the public right of way used for pedestrian traffic.

The term “sidewalk” excludes any area primarily designated for use by vehicles, bicycles, the conveyance of storm water or planted with landscape.

Section 10.68.020 Destroying Bicycle Identification
It is unlawful for any person to willfully or maliciously remove, destroy, alter, tamper with or mutilate any bicycle license indicia, registration form, serial number or identification marks on any bicycle frame during the time such indicia is operative. However, nothing in this chapter prohibits the license collector from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes. (Prior Code 5-101O; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.100 030 Riding on Sidewalks
A. Purpose and Intent. The City Council of the City of Vista recognizes the risks posed to pedestrians by bicyclists operating on public sidewalks. The City Council also recognizes that California state law governing the operation of bicycles on city streets does not apply to bicyclists operating on sidewalks. The City Council is also mindful of the inherent danger of allowing unsupervised children to operate bicycles on city streets.

It is the City Council’s intent in enacting this ordinance to minimize the risk of injury to pedestrians caused by bicyclists operating on public sidewalks and to promote the health, safety and welfare of the community.

Bicycle Restriction. It is unlawful for any person to ride or operate a bicycle upon any sidewalk in the city, with the exception of locations included in the City’sCity's Bicycle Master Plan with proper signage and striping as approved by the City’sCity's Traffic Engineer. Law enforcement officers shall be exempt from the provision of this section when in the performance of their duties.
01/09/2024 PH1 10 of 15

4855-8208-2199, v. 1
(Ord. No. 98-12, Added, 11/10/98; Ord. No. 2015-3, Amended, 1/27/15) Section 10.68.040 Riding on Bicycles
A. Any person riding or operating a bike shall always exercise reasonable care and observe all applicable laws.

Section 10.68.050 Bikeways
Whenever a usable bikeway for bicycles has been provided adjacent to a roadway, bicycle riders shall use such bikeway and shall not use the roadway, unless otherwise provided in California Vehicle Code Section 21208.

Section 10.68.060 Dismount in Crosswalk and on Sidewalk Every bicycle operator using a crosswalk to cross an intersection or using a sidewalk shall dismount from their bicycle to use the crosswalk or sidewalk.

Section 10.68.070 Bicycle Parking
A. No person shall park a bicycle on a public street or roadway.

Section 10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles Every operator or passenger riding a bicycle on a roadway or bikeway shall be granted all of the rights and shall be subject to all of the duties applicable to the operator or passenger of a vehicle established in this charter and as otherwise provided in Sections 21200-21213 of the California Vehicle Code.

Section 10.68.090 Motorized Scooters & Motorized Bicycles Every operator or rider of a motorized scooter or motorized bicycle is required to follow the laws of this charter as if operating as a bicycle rider and as otherwise provided in the California Vehicle Code. In addition, a person may not operate a motorized scooter or motorized bicycle unless that person holds a valid driver’s license with appropriate classifications as provided by the California Vehicle Code Section 12804.9. 01/09/2024 PH1 11 of 15

4855-8208-2199, v. 1
Section 10.68.100 Enforcement
In lieu of the imposition of the penalties authorized by this title and/or the filing of charges in a court of competent jurisdiction, the Sheriff Captain or designee may allow a first- time violator of this chapter to complete a law enforcement department-approved bicycle safety course.
01/09/2024 PH1 12 of 15

4874-9186-4471, v. 1
Chapter 10.68
Bicycles
Sections:

10.68.010 Definitions

10.68.020 Destroying Bicycle Identification

10.68.030 Riding on Sidewalks

10.68.040 Riding on Bicycles

10.68.050 Bikeways

10.68.060 Dismount in Crosswalk & on Sidewalk

10.68.070 Bicycle Parking

10.68.080 Traffic and Safety Laws Apply to Persons Riding Bicycles

10.68.090 Motorized Scooters & Motorized Bicycles

10.68.100 Enforcement
Section 10.68.010 Definitions
"Bicycle" is any device on which any person may ride, propelled exclusively by human power or has fully operable pedals and an electric motor of less than 750 watts, or as otherwise defined in California Vehicle Code Section 231 & 312.5 as may be amended from time to time. (Prior Code 5-1; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) “Bicycle Identification” is any bicycle license indica, registration form, serial number, or identification marks on any bicycle.
“Bikeway” means all facilities that provide primarily for, and promote, bicycle travel or as otherwise defined by California Streets and Highways Code 890.4. “Crosswalk” is any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface or as otherwise defined in California Vehicle Code Section 275.
“Motorized Bicycle” or “Moped” is a two-wheeled device with or without operational pedals, an automatic transmission, and an electric or gas-powered motor that can propel the device and rider at speeds no greater than 30 miles per hour or as otherwise defined by California Vehicle Code Section 406 as may be amended from time to time. “Motorized Scooter” is any two-wheeled device that has handlebars, has either a floorboard that is designed to be stood upon when riding and is powered by an electric motor, or as otherwise defined by California Vehicle Code Section 407.5 as may be amended from time to time.
“Roadway” means all facilities that are ordinarily used for vehicular travel or as otherwise defined in California Vehicle Code Section 530. “Sidewalk” means the portion of the public right of way used for pedestrian traffic.

The term “sidewalk” excludes any area primarily designated for use by vehicles, bicycles, the conveyance of storm water or planted with landscape.
01/09/2024 PH1 13 of 15
EXHIBIT 3

4874-9186-4471, v. 1
Section 10.68.020 Destroying Bicycle Identification
It is unlawful for any person to willfully or maliciously remove, destroy, alter, tamper with or mutilate any bicycle license indicia, registration form, serial number or identification marks on any bicycle frame during the time such indicia is operative. However, nothing in this chapter prohibits the license collector from stamping numbers on the frames of bicycles on which no serial number can be found or on which said number is illegible or insufficient for identification purposes. (Prior Code 5-1O; Ord. No. 75-36, Amended 2/9/75; Ord. No. 76-3, Amended 2/23/76) Section 10.68.030 Riding on Sidewalks
Bicycle Restriction. It is unlawful for any person to ride or operate a bicycle upon any sidewalk in the city, with the exception of locations included in the City's Bicycle Master Plan with proper signage and striping as approved by the City's Traffic Engineer. Law enforcement officers shall be exempt from the provision of this section when in the performance of their duties.
(Ord. No. 98-12, Added, 11/10/98; Ord. No. 2015-3, Amended, 1/27/15) Section 10.68.040 Riding on Bicycles
A. Any person riding or operating a bike shall always exercise reasonable care and observe all applicable laws.

Section 10.68.070 Bicycle Parking
A. No person shall park a bicycle on a public street or roadway.

B.It is permissible to park a bicycle on a sidewalk in a bike rack to support the bicycle or against a building or on a sidewalk in such a manner as to afford the least obstruction to pedestrian traffic.

4874-9186-4471, v. 1
a vehicle established in this charter and as otherwise provided in Sections 21200-21213 of the California Vehicle Code.

Section 10.68.100 Enforcement
In lieu of the imposition of the penalties authorized by this title and/or the filing of charges in a court of competent jurisdiction, the Sheriff Captain or designee may allow a first- time violator of this chapter to complete a law enforcement department-approved bicycle safety course.
01/09/2024 PH1 15 of 15

Vista City CouncilJanuary 9, 2024

Vista City Council
January 9, 2024