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HomeMy WebLinkAbout2026-02-10; City Council; 08; Amendments to Carlsbad Municipal Code Chapter 10.56, Operation of Regulated Mobility Devices, to Regulate E-bikes, and Park Use Restrictions on E-bikesCA Review JRT Meeting Date: Feb. 10, 2026 To: Mayor and City Council From: Geoff Patnoe, City Manager Staff Contact: Jason Arnotti, Police Lieutenant jason.arnotti@carlsbadca.gov, 442-339-5554 Jennifer True, Senior Assistant City Attorney jennifer.true@carlsbadca.gov, 442-339-5198 Subject: Amendments to Carlsbad Municipal Code Chapter 10.56, Operation of Regulated Mobility Devices, to Regulate E-bikes, and Park Use Restrictions on E-bikes Districts: All Recommended Action 1)Introduce an ordinance amending Title 10, Chapter 10.56 of the Carlsbad Municipal Code – Operation of Regulated Mobility Devices; and 2)Adopt a resolution adding Poinsettia Community Park and Pine Avenue Community Park to the list of public locations where electric bicycles are prohibited by Section 10.56.020(A) of the Carlsbad Municipal Code and appropriating $15,000 from the City Council Contingency Fund to the Fiscal Year 2025-26 Parks Maintenance Operating Budget. Executive Summary The City Council received a presentation in December 2025 on potential options to regulate electric bikes (e-bikes) and other personal mobility devices. Following discussion, the City Council directed staff to return with a draft ordinance implementing specific policy actions identified in the report. The proposed ordinance, detailed below and provided as Exhibit 1: •Updates definitions and references to align with state law and new types of mobility devices •Clarifies unsafe riding rules and expands authority to restrict device use in specific locations •Adopts the county e-bike safety pilot program, including an under-12 age restriction with education-based enforcement •Gives police a limited, safety-focused seizure option for e-bikes operated by minors engaging in high-risk conduct that creates an immediate or substantial threat to public safety Feb. 10, 2026 Item #8 Page 1 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF •Codifies that parents are responsible for knowingly allowing their children to commit violations The report also provides supplemental data on juvenile e-bike collisions during hours of darkness, as the City Council directed. Staff are also recommending the City Council adopt a separate resolution that would prohibit people riding e-bikes in Pine Avenue Community Park and Poinsettia Community Park, as directed by the City Council. That resolution also would approve appropriating $15,000 from the City Council Contingency Fund for signs and other implementation costs. Explanation & Analysis Background •The City Council declared a local state of emergency in August 2022, citing a large increase in collisions involving bikes and e-bikes since 2019 and in response to emerging public safety concerns related to the operation of e-bikes and other regulated mobility devices on city streets, trails, parks and shared-use facilities. The City Council subsequently adopted the Safer Streets Together Plan. As part of this effort, the City Council amended Carlsbad Municipal Code Chapter 10.56, Operation of Regulated Mobility Devices, to establish local operational standards for helmet use, sidewalk riding, due-regard requirements and diversion-based education in lieu of fines.1 •The types of available e-bikes and other regulated mobility devices and how they are being used have continued to change, with higher-powered and faster devices and rapidly growing use by young riders. This has created new enforcement, safety and compliance challenges. •In response to these evolving conditions, on March 25, 2025, the City Council directed the Traffic Safety & Mobility Commission to solicit community input and develop recommendations regarding potential adoption of additional e-bike safety measures. •On July 29, 2025, the City Council further directed staff to conduct a focused policy review to develop additional enforcement-related recommendations to address aggressive and unsafe riding behavior, particularly among youth. •On Sep. 16, 2025, as directed by the City Council, the Traffic Safety & Mobility Commission convened a special meeting to solicit community input on the potential adoption of state Assembly Bill 2234, which established a minimum age of 12 for operating Class 1 and Class 2 e-bikes.2 The commission received more than 550 public comments and conducted a substantive evaluation of safety impacts, enforcement limitations and regional regulatory practices. The commission then approved a set of prioritized policy recommendations to be presented to the City Council. 1 Regulated mobility devices are small motorized personal transportation devices like electric scooters and electric skateboards that are subject to specific rules under local or state law. 2 A Class 1 e-bike is pedal-assist only and cuts off at 20 mph. A Class 2 e-bike is throttle-assisted; the motor can propel the bike without pedaling. It cuts off at 20 mph. State law prohibits riders under 16 from legally operating Class 3 e-bikes, which are speed pedal-assist up to 28 mph. Feb. 10, 2026 Item #8 Page 2 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF •On Dec. 2, 2025, staff presented a report to the City Council on e-bike safety and potential options that synthesized enforcement data, collision trends, the Traffic Safety & Mobility Commission’s recommendations, community input and staff’s analysis of available regulatory and legislative options. •Following discussion, the City Council directed staff to return with a draft ordinance implementing specific policy actions identified in the report and to provide supplemental data on juvenile e-bike collisions during hours of darkness. The supplemental data is provided as Exhibit 4. Draft ordinance In response to the City Council’s direction and policy objectives, staff have prepared a draft ordinance amending Carlsbad Municipal Code Chapter 10.56, Operation of Regulated Mobility Devices, to improve regulatory clarity, strengthen enforceability, enhance public safety outcomes and maintain consistency with applicable state law. The proposed ordinance amends the following code sections of Chapter 10.56: Sections 10.56.010 and 10.56.015 – Update definitions and statutory references This amendment updates and expands the definitions applicable to regulated mobility devices, including definitions of bicycle facilities, pedestrian facilities, and Class 1, Class 2 and Class 3 electric bicycles. These revisions improve internal consistency, align terminology with the California Vehicle Code and Civil Code and ensure the chapter captures evolving device types and operating environments. The amendment also adds a provision clarifying that all referenced statutes, regulations and standards automatically incorporate future amendments and subsequent provisions unless expressly stated otherwise, reducing the risk of statutory misalignment over time. Section 10.56.020 – Strengthen operational standards and unsafe riding provisions This amendment expands and clarifies operational requirements governing the use of regulated mobility devices and establishes administrative authority to designate additional prohibited locations where warranted. Key elements include: •Authorization for the City Manager to further designate public locations where regulated mobility devices are prohibited. •Explicit enumeration of unsafe riding behaviors: o Excessive speed for conditions o Performing stunts o Racing o Failing to yield o Failing to obey traffic controls o Unsafe passing o Improper passenger transport o Reduced visibility or control o Helmet compliance o Riding against traffic flow Feb. 10, 2026 Item #8 Page 3 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF The specifics of these provisions improve clarity for riders and families, promote voluntary compliance and support consistent field-level enforcement by specifying objective standards of conduct. Section 10.56.030 – Adopt the San Diego County Electric Bicycle Safety Pilot Program This amendment adopts the age restriction provisions authorized under AB 2234, which amended California Vehicle Code Section 21214.7 and established the San Diego Electric Bicycle Safety Pilot Program through Jan. 1, 2029. Under this pilot program, local jurisdictions in San Diego County may prohibit individuals under 12 years of age from operating or riding Class 1 and Class 2 e-bikes. Consistent with AB 2234, the ordinance: • Prohibits persons under 12 years of age from operating or riding Class 1 or Class 2 e- bikes within the city. • Establishes enforcement as an infraction with a $25 fine. • Allows the fine to be waived upon proof of completion of an approved e-bike safety and training program within 120 days. • Provides for joint and several liability for parents for violations committed by unemancipated minors. These provisions allow the city to participate in the countywide pilot program while maintaining consistency with state-mandated procedural safeguards and diversion pathways. Section 10.56.040 – Establish limited seizure authority for electric bicycles operated by minors This amendment establishes a narrowly tailored, education-based seizure authority for e-bikes operated by minors under 18 when their specific, high-risk conduct creates an immediate or substantial threat to public safety. This authority is distinct from, and complementary to, the vehicle impound provisions authorized under the California Vehicle Code and is designed to address juvenile riding behavior that poses acute safety risks but may not warrant traditional citation or towing remedies. Under the proposed framework, peace officers may temporarily seize an e-bike operated by a minor only when the officer has probable cause to believe the minor engaged in objectively unsafe conduct, such as reckless riding, exhibition of speed, willful disregard for traffic control devices in active traffic, unsafe group riding that obstructs traffic or operation in posted high- pedestrian areas where e-bikes are prohibited. The ordinance expressly excludes seizure for minor technical violations or merely being present in a group of riders but not engaging in unsafe conduct, ensuring proportionality and preventing over-application. The seizure authority is paired with defined procedural safeguards, including written notice to the minor and parent or legal guardian, documentation of probable cause, and inventory and storage consistent with departmental property procedures. A seized electric bicycle will be released only after the rider completes a department-approved bicycle safety course in person and with a parent present. No monetary penalty may substitute for completing these requirements, reinforcing the ordinance’s education-first intent. The ordinance does not authorize forfeiture of electric bicycles and provides for administrative review of seizures, as well as cost-recovery limits and hardship waiver policies for any storage fees assessed. Collectively, these provisions provide a targeted intervention tool focused on Feb. 10, 2026 Item #8 Page 4 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF behavior correction, parental engagement and immediate risk mitigation, while maintaining due process protections and alignment with state law. Section 10.56.045 – Establish authority to recover actual administrative costs related to the removal, seizure, and storage of a regulated mobility device This amendment establishes local authority to charge fees to recover its actual administrative costs for removing, seizing, and storing a regulated mobility device, as allowed under California law. These charges can cover tasks like towing coordination, documentation, processing, and recordkeeping. Section 10.56.055 – Parental Responsibility This amendment codifies parental responsibility provisions prohibiting parents or guardians from knowingly permitting minors to violate any of the provisions in Chapter 10.56. This action reinforces education-based compliance while maintaining accountability mechanisms when necessary. Prohibition on e-bikes in parks In addition to the proposed ordinance, staff are presenting the City Council with a resolution prohibiting the operation of e-bikes within Pine Avenue Community Park and Poinsettia Community Park, as directed by the City Council on Dec. 2, 2025. This action is separate from the ordinance and is to be implemented by resolution, allowing site-specific regulation supported by signage and park management. This restriction responds to documented calls for service, collision risks and recurring community concerns about high-speed and unsafe riding behavior in these parks while preserving pedestrian safety and recreational compatibility. Walking a bicycle through the parks would remain permitted unless otherwise posted. The proposed resolution is included as Exhibit 3. As noted in the report presented on Dec. 2, 2025, staff anticipate that replacing regulatory signage and installing additional bike racks at the two community park locations will cost approximately $15,000. Outreach Consistent with the public information and phased enforcement requirements of AB 2234, staff will implement a structured outreach and education campaign before the Police Department begins enforcement of the under-12 e-bike prohibition. Upon the City Council’s adoption of the ordinance on Feb. 24, the city will initiate a 30-day public information campaign using city communication platforms, including the city website, social media channels and newsletters as well as direct outreach to public and private schools within the city. The ordinance would become effective on Mar. 26, followed by a 60-day warning period during which education and warnings will be emphasized before the department enforces it with citations. The warning period will conclude on May 25, after which standard enforcement will commence. While this phased outreach and warning framework is required by AB 2234 only for the under- 12 prohibition, staff recommend applying the same public education and graduated Feb. 10, 2026 Item #8 Page 5 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF enforcement timeline to all additional ordinance provisions adopted by the City Council to promote clarity, voluntary compliance and consistent community understanding. Fiscal Analysis The overall fiscal impact associated with publicizing and enforcing AB 2234 is expected to be absorbed within the existing budget. Staff expect that installing regulatory signage and additional bicycle racks at the two community park locations requires a one-time expense of approximately $15,000. To cover this cost, staff are requesting the appropriation of $15,000 from the City Council Contingency Fund to the Parks Maintenance Operating Budget. Routine administration and enforcement of the amendments are expected to be accommodated within existing budget allocations. Any future staffing or administrative impacts associated with this action will be evaluated through the city’s regular budget review process. Next Steps Following the City Council’s introduction of the ordinance, the item will be scheduled for adoption at the City Council’s next meeting. The ordinance will then become effective 30 days following adoption. If the City Council approves and adopts this ordinance, city staff will engage in community outreach and education as required by AB 2234, as well as education on additional amendments to the new regulated mobility device ordinance. If the City Council approves and adopts this resolution, staff will order and post replacement regulatory signage at the two community park locations, informing users of the new prohibition. Staff will also order and install additional bike racks at the two community park locations. Environmental Evaluation The proposed action to amend the Carlsbad Municipal Code to further regulate electric bikes is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. The proposed action to prohibit the use of electric bicycles in Poinsettia Community Park and Pine Avenue Community Park is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. Exhibits 1. City Council ordinance 2. Copy of ordinance showing proposed changes 3. City Council resolution 4. Report containing nighttime collision data involving juveniles under 18 Feb. 10, 2026 Item #8 Page 6 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Exhibit 1 ORDINANCE NO. CS-509 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.56 OF THE CARLSBAD MUNICIPAL CODE – OPERATION OF REGULATED MOBILITY DEVICES WHEREAS, California Vehicle Code Sections 231, 21100, 21206, and 21207.5 authorize cities to enact ordinances regulating the parking and operation of electric bicycles, as defined in California Vehicle Code Sections 231 and 312.5, on pedestrian facilities, bicycle facilities, and equestrian, hiking, and recreational trails; and WHEREAS, for the purpose of ensuring the safety of pedestrians, including persons with disabilities and others using sidewalks, bike paths, pathways, trails, bike lanes, streets, roads, and highways, California Vehicle Code Section 21282 authorizes cities to enact ordinances regulating the time, place, and manner of the operation of electric personal assistive mobility devices as defined in California Vehicle Code Section 313; and WHEREAS, California Vehicle Code Section 21225 authorizes cities to enact ordinances regulating the registration of motorized scooters and the parking and operation of motorized scooters on pedestrian facilities, bicycle facilities and city streets and highways, provided that such regulation is not in conflict with the California Vehicle Code; and WHEREAS, California Vehicle Code Section 21214.7 authorizes local authorities within the County of San Diego to enact an ordinance prohibiting persons under 12 years of age from operating a class 1 or 2 electric bicycle; and WHEREAS, the use of bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices, and any other similar vehicles, including electronic bicycles (defined in this ordinance as “regulated mobility devices”) has steadily increased in the City of Carlsbad, and the City Council finds that the operation, parking, and use of such devices present matters of public safety affecting users of regulated mobility devices, pedestrians, motorists, and other users of public rights-of-way and public spaces; and WHEREAS, the City Council desires to provide clear, enforceable standards related to unsafe riding behavior, equipment requirements, and the responsibilities of parents and guardians to protect the public health, safety, and welfare of the community; and Feb. 10, 2026 Item #8 Page 7 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF WHEREAS, the City Council has determined that the provisions of this chapter, as amended, are necessary and appropriate exercises of the City’s police power and represent reasonable measures and enforcement tools to promote the safe use of regulated mobility devices within the City. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. That the above recitations are true and correct. 2. That this action to amend Carlsbad Municipal Code Chapter 10.56 is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3. That Carlsbad Municipal Code Chapter 10.56 is amended to read as follows: Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES Sections: 10.56.010 Definitions. 10.56.015 Reference to other codes. 10.56.020 Operation of regulated mobility devices. 10.56.030 Persons under 12 years of age – prohibited from operating electric bicycles. 10.56.040 Removal, seizure, and release of electric bicycles operated by minors. 10.56.045 Administrative charges and cost recovery. 10.56.050 Violations and enforcement. 10.56.055 Responsibility of parent. 10.56.060 Exemptions. 10.56.070 Severability. 10.56.010 Definitions. “Bicycle” has the same meaning as in California Vehicle Code Section 231. “Bicycle facility” means any public or private improvement, infrastructure, or space designed, designated, or operated primarily for use by persons riding bicycles or other regulated mobility devices, whether separated from or shared with other modes of travel, including bicycle paths, bicycle lanes, bicycle routes, cycle tracks, and protected bikeways. “Class 1 electric bicycle” or “low-speed pedal-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(1). “Class 2 electric bicycle” or “low-speed throttle-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(2). “Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(3). “Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5. Feb. 10, 2026 Item #8 Page 8 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313. “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5. “Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5. “Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5. “Operator” means a person who owns, operates, and/or controls a regulated mobility device. “Pedestrian Facility” means any public or private improvement, infrastructure, or space designed, designated, or operated primarily for use by pedestrians, including persons using mobility aids such as wheelchairs, walkers, or strollers, including sidewalks, pedestrian ways, crosswalks. “Public area” means any outdoor area that is open to members of the public for public use, whether owned or operated by the city or a private party. “Regulated mobility device” means a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar vehicle. “Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Shared mobility device” has the same meaning as in California Civil Code Section 2505. “Vehicle” has the same meaning as in California Vehicle Code Section 670. 10.56.015 Reference to other codes. Whenever this chapter refers to any statute, regulation, code, standard, or guideline, the reference shall include all amendments and successor provisions to it, unless a contrary intent is expressly stated. 10.56.020 Operation of regulated mobility devices. A. Prohibition of Regulated Mobility Devices Where Posted. It is prohibited to operate or ride on any regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this chapter. A list of public locations where regulated mobility devices are prohibited shall be on file in the City Clerk’s office. The list may be amended from time to time by the City Manager. B. No Operating or Riding on Sidewalks and Public Facilities. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city. C. Duty to Operate with Due Care. 1. The operator of a regulated mobility device shall not, while operating upon or within any bicycle facility or pedestrian facility: a. Operate at a speed greater than is reasonable and prudent for existing conditions, taking into account weather, pedestrian and vehicular traffic, and the surface and width of the bicycle or pedestrian facility. b. Perform acrobatics, tricks or stunts such as wheelies when pedestrians, other regulated mobility devices or moving vehicles are present. c. Engage in racing, speed or stunt contests. Feb. 10, 2026 Item #8 Page 9 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF d.Fail to yield to vehicles, other regulated mobility devices or pedestrians when required. e.Fail to obey posted traffic or other regulatory signs. f.Carry any package, bundle or item that prevents the operator from maintaining full control and forward visibility. g.Ride without a properly fitted and fastened helmet, if under 18 years of age. h.Ride a Class 3 electric bicycle without a properly fitted and fastened helmet, regardless of age. i.Ride on a public street or bike facility against the flow of traffic. j.Pass another pedestrian, vehicle, or regulated mobility device in an unsafe manner, including failing to provide a reasonable and prudent lateral distance, passing at an unsafe speed, or passing in a way that endangers or interferes with the safe movement of the person or device being overtaken. k.Transport any other person upon the bar, handle bars, floorboard or other area of a regulated mobility device not designed for passenger riding or transport any other person on a regulated mobility device designed for a single rider. l.Cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device. 2.The operator of a regulated mobility device shall exercise due care by taking all other necessary actions relating to operation of the regulated mobility device to safeguard the operator, passengers, and any other persons, vehicles, or devices in the immediate area. 3.Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. 10.56.030 Persons under 12 years of age – prohibited from operating electric bicycles. A.No person under 12 years of age may operate or ride a Class 1 electric bicycle or Class 2 electric bicycle within the city. B.Enforcement of this section shall be pursuant to California Vehicle Code Section 21214.7, as follows: 1.A violation of this section shall be an infraction punishable by a fine of $25; 2.If a citation is issued, a record of the action shall not be transmitted to the court and a fee shall not be imposed if the parent or legal guardian of the person who violated this section delivers proof to the police department within 120 days after the citation was issued that the violator has completed an electric bicycle safety and training program pursuant to California Streets and Highways Code Section 894; and 3.If an unemancipated minor violates this section, a parent or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of the fine imposed. Feb. 10, 2026 Item #8 Page 10 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF 10.56.040 Removal, seizure, and release of electric bicycles operated by minors. A. In addition to any fines or penalties authorized by this Chapter, a police officer may seize any electric bicycle operated by a minor when the officer has probable cause to believe that the minor committed any violation of this Chapter and that the violation created an immediate or substantial risk to public safety. Violations that create an immediate or substantial risk to public safety may include: 1. Reckless driving or exhibition of speed creating an immediate hazard to persons or property. 2. Willful disregard for traffic control devices in active traffic, including but not limited to stop signs, traffic signals, or yield controls. 3. Unsafe group riding that obstructs traffic or creates a foreseeable collision risk, including conduct that interferes with the safe movement of vehicles or pedestrians. 4. Operating in posted areas that prohibit electric bicycle operation when pedestrians are present. Seizure shall not be authorized for minor technical equipment violations, lawful conduct that does not present an objectively articulable safety risk, or mere presence in a group absent unsafe conduct. B. Written notice of seizure and instructions for release procedures shall be provided to the minor and to the parent or legal guardian of the minor. C. Conditions for release. An electric bicycle seized pursuant to this chapter shall be released after a minimum of 48 hours, if both of the following conditions are met: 1. The minor operator has completed, in person at the police station, a Police Department approved electric bicycle safety and training program. 2. The minor’s parent or legal guardian must be present at the time the electric bicycle is released. No monetary payment or administrative penalty shall substitute for completion of these requirements. 10.56.045 Administrative charges and cost recovery. The city may impose administrative charges not exceeding its actual administrative costs directly related to the removal, seizure, and storage of a regulated mobility device, as provided for in California Vehicle Code Section 22651.08. Administrative charges may include, but are not limited to, costs associated with towing coordination, documentation, processing, and recordkeeping. 10.56.050 Violations and enforcement. In lieu of a fine or administrative citation as authorized by this code or chapter, and in lieu of filing charges in any court having jurisdiction over a violation, the Police Chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices. 10.56.055 Responsibility of parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this chapter. Feb. 10, 2026 Item #8 Page 11 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF 10.56.060 Exemptions. A.Public Agency Personnel. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties. B.Disability. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.). 10.56.070 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of this chapter to persons or circumstances not similarly situated. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 10th day of February, 2026, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2026, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Feb. 10, 2026 Item #8 Page 12 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Exhibit 2 Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES Sections: 10.56.010 Definitions. 10.56.015 Reference to other codes. 10.56.020 Operation of regulated mobility devices. 10.56.030 Persons under 12 years of age – prohibited from operating electric bicycles. 10.56.040 Removal, seizure, and release of electric bicycles operated by minors. 10.56.045 Administrative charges and cost recovery. 10.56.0350 Violations and Eenforcement. 10.56.055 Responsibility of parent. 10.56.0460 Exemptions. 10.56.0570 Severability. 10.56.010 Definitions. “Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time. “Bicycle facility” means any public or private improvement, infrastructure, or space designed, designated, or operated primarily for use by persons riding bicycles or other regulated mobility devices, whether separated from or shared with other modes of travel, including bicycle paths, bicycle lanes, bicycle routes, cycle tracks, and protected bikeways. “Class 1 electric bicycle” or “low-speed pedal-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(1). “Class 2 electric bicycle” or “low-speed throttle-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(2). “Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” has the same meaning as in California Vehicle Code Section 312.5(a)(3). “Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time. “Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time. “Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time. “Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time. “Operator” means a person who owns, operates, and/or controls a regulated mobility device. “Pedestrian Facility” means any public or private improvement, infrastructure, or space designed, designated, or operated primarily for use by pedestrians, including persons using mobility aids such as wheelchairs, walkers, or strollers, including sidewalks, pedestrian ways, crosswalks. “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the city or a private party. “Regulated mobility device” means a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar vehicle. Feb. 10, 2026 Item #8 Page 13 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF “Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time. “Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. 10.56.015 Reference to other codes. Whenever this chapter refers to any statute, regulation, code, standard, or guideline, the reference shall include all amendments and successor provisions to it, unless a contrary intent is expressly stated. 10.56.020 Operation of regulated mobility devices. A. Prohibition of Regulated Mobility Devices Where Posted. It is prohibited to operate or ride on any regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this chapter. A list of public locations where regulated mobility devices are prohibited shall be on file in the City Clerk’s office. The list may be amended from time to time by resolution of the city councilthe City Manager. B. No Operating or Riding on Sidewalks and Public Facilities. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city. C. Duty to Operate with Due Care, Reduce Speed. 1. The operator of a regulated mobility device shall not, while operating upon or within any bicycle facility or pedestrian facility:exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to t a. Operate at a speed greater than is reasonable and prudent for existing conditions, taking into account weather, pedestrian and vehicular traffic, and the surface and width of the bicycle or pedestrian facility. b. Perform acrobatics, tricks or stunts such as wheelies when pedestrians, other regulated mobility devices or moving vehicles are present. c. Engage in racing, speed or stunt contests. d. Fail to yield to vehicles, other regulated mobility devices or pedestrians when required. e. Fail to obey posted traffic or other regulatory signs. f. Carry any package, bundle or item that prevents the operator from maintaining full control and forward visibility. g. Ride without a properly fitted and fastened helmet, if under 18 years of age. h. Ride a Class 3 electric bicycle without a property fitted and fastened helmet, regardless of age. i. Ride on a public street or bike facility against the flow of traffic. j. Pass another pedestrian, vehicle, or regulated mobility device in an unsafe manner, including failing to provide a reasonable and prudent lateral distance, passing at an unsafe speed, or passing in a way that endangers or interferes with the safe movement of the person or device being overtaken. k. Transport any other person upon the bar, handle bars, floorboard or other area of a regulated mobility device not designed for passenger riding or designed or transport any other person on a regulated mobility device designed for a single rider.person, or c Feb. 10, 2026 Item #8 Page 14 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF l. Cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device. 2. The operator of a regulated mobility device shall exercise due care by taking all other necessary actions relating to operation of the regulated mobility device to safeguard the operator, passengers, and any other persons, vehicles, or devices in the immediate area. 3. Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. 10.56.030 Persons under 12 years of age – prohibited from operating electric bicycles. A. No person under 12 years of age may operate or ride a Class 1 electric bicycle or Class 2 electric bicycle within the city. B. Enforcement of this section shall be pursuant to California Vehicle Code Section 21214.7, as follows: 1. A violation of this section shall be an infraction punishable by a fine of $25; 2. If a citation is issued, a record of the action shall not be transmitted to the court and a fee shall not be imposed if the parent or legal guardian of the person who violated this section delivers proof to the police department within 120 days after the citation was issued that the violator has completed an electric bicycle safety and training program pursuant to California Streets and Highways Code Section 894; and 3. If an unemancipated minor violates this section, a parent or legal guardian with control or custody of the minor shall be jointly and severally liable with the minor for the amount of the fine imposed. 10.56.040 Removal, seizure, and release of electric bicycles operated by minors. A. In addition to any fines or penalties authorized by this Chapter, a police officer may seize any electric bicycle operated by a minor when the officer has probable cause to believe that the minor committed any violation of this Chapter and that the violation created an immediate or substantial risk to public safety. Violations that create an immediate or substantial risk to public safety may include: 1. Reckless driving or exhibition of speed creating an immediate hazard to persons or property. 2. Willful disregard for traffic control devices in active traffic, including but not limited to stop signs, traffic signals, or yield controls. 3. Unsafe group riding that obstructs traffic or creates a foreseeable collision risk, including conduct that interferes with the safe movement of vehicles or pedestrians. 4. Operating in posted areas that prohibit electric bicycle operation when pedestrians are present. Seizure shall not be authorized for minor technical equipment violations, lawful conduct that does not present an objectively articulable safety risk, or mere presence in a group absent unsafe conduct. B. Written notice of seizure and instructions for release procedures shall be provided to the minor and to the parent or legal guardian of the minor. C. Conditions for release. An electric bicycle seized pursuant to this chapter shall be released after a minimum of 48 hours, if both of the following conditions are met: 1. The minor operator has completed, in person at the police station, a Police Department approved electric bicycle safety and training program. 2. The minor’s parent or legal guardian must be present at the time the electric bicycle is released. No monetary payment or administrative penalty shall substitute for completion of these requirements. 10.56.045 Administrative charges and cost recovery. The city may impose administrative charges not exceeding its actual administrative costs directly related to the removal, seizure, and storage of a regulated mobility device, as provided for in California Vehicle Code Feb. 10, 2026 Item #8 Page 15 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Section 22651.08. Administrative charges may include, but are not limited to, costs associated with towing coordination, documentation, processing, and recordkeeping. 10.56.050 Violations and Eenforcement. In lieu of a fine or administrative citation as authorized by this code or chapter, and in lieu of filing charges in any court having jurisdiction over a violation, the Police Chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices. 10.56.055 Responsibility of parent. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this chapter. 10.56.0460 Exemptions. A. Public Agency Personnel. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties. B. Disability. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.). 10.56.0570 Severability. If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of theis chapter to persons or circumstances not similarly situated. Feb. 10, 2026 Item #8 Page 16 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Exhibit 3 RESOLUTION NO. 2026-038 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADDING POINSETTIA COMMUNITY PARK AND PINE AVENUE COMMUNITY PARK TO THE LIST OF PUBLIC LOCATIONS WHERE ELECTRIC BICYCLES ARE PROHIBITED BY SECTION 10.56.020(A) OF THE CARLSBAD MUNICIPAL CODE AND APPROPRIATING $15,000 FROM THE CITY COUNCIL CONTINGENCY FUND TO THE FISCAL YEAR 2025-26 PARKS MAINTENANCE OPERATING BUDGET WHEREAS, Carlsbad Municipal Code Section 10.56.020(A) prohibits the operation of regulated mobility devices in public areas where such prohibition is posted by signs; and WHEREAS, a list of public locations where regulated mobility devices are prohibited is required to be on file in the office of the City Clerk, and, pursuant to Carlsbad Municipal Code Section 10.56.020(A), the list may be amended from time to time by resolution of the City Council; and WHEREAS, between Jan. 1 and Oct. 31, 2025, the Police Department received a total of 102 calls for service related to electric bicycles in city parks and 66% of those calls related to Poinsettia Community Park and Pine Avenue Community Park; and WHEREAS, the City Council of the City of Carlsbad, California has determined that prohibiting the use of electric bicycles in Poinsettia Community Park and Pine Avenue Community Park will protect the health, safety and welfare of park users; and WHEREAS, implementing the replacement of regulatory signage the installation of additional bike racks at the two community park locations is anticipated to require a one-time cost of $15,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That this action to prohibit the use of electric bicycles in Poinsettia Community Park and Pine Avenue Community Park is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3.That Poinsettia Community Park and Pine Avenue Community Park are added to the list of locations where electric bicycles are prohibited pursuant to Carlsbad Municipal Code Section 10.56.020(A). Feb. 10, 2026 Item #8 Page 17 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF 4.That the updated list of locations where electric bicycles are prohibited is attached to this Resolution as Attachment A and shall be kept on file in the office of the City Clerk. 5.That City Manager or designee is authorized to appropriate $15,000 from the City Council Contingency Fund to the Fiscal Year 2025-26 Parks Maintenance Operating Budget. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of February, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Mayor ______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Feb. 10, 2026 Item #8 Page 18 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Attachment A AREAS OF CARLSBAD WHERE OPERATING OR RIDING OF ELECTRIC BICYCLES IS PROHIBITED In accordance with Carlsbad Municipal Code, Section 10.56.020, the operation or riding of electric bicycles is prohibited in the following locations within the City of Carlsbad. These restrictions are intended to promote public safety, protect park and recreational facilities, and ensure the safe and equitable use of public spaces. A. Public Property Where Prohibitory Signage Is Posted 1. Poinsettia Community Park - 6600 Hidden Valley Road, Carlsbad, CA 92011 2. Pine Avenue Community Park - 3209 Harding Street, Carlsbad, CA 92008 B. Additional Locations 1. Any sidewalk, in any public drainage facility, culvert, ditch, or channel 2. Any other public athletic or sports court, or gymnasium, within the city Feb. 10, 2026 Item #8 Page 19 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Exhibit 4 Nighttime collision data involving juveniles on e-bikes In response to the Council’s request for more detailed information about nighttime e-bike collisions involving youth riders, staff reviewed all seven injury collisions involving riders ages 13–17 that occurred during periods of darkness between Jan. 1, 2023, and Oct. 31, 2025. This supplemental review included an assessment of the primary collision factor and lighting conditions, which were not reflected in the high-level summary presented to the City Council on Dec. 2, 2025. •The dataset is small, with only seven nighttime injury collisions over a 34-month period. •One rider was 17; the others, including passengers, were between 13 and 16 years old. •Several collisions involved behaviors that become more hazardous at night, including unsafe speed, stop sign and signal violations, and one confirmed instance of an e-bike operating without required lighting. •In most cases, e-bike lighting equipment was not documented, limiting the ability to assess whether it was adequately visible. •Of the seven collisions, five involved a motor vehicle, and two were solo e-bike crashes. •Of the five vehicle-involved collisions, two were caused by motorists, while three were caused by juvenile e-bike operators. •The two remaining cases were solo loss-of-control crashes involving 14- and 15-year-old riders. All of these collisions occurred during a period of darkness with streetlights present. More details related to each collision are shown in the following table: Collision type Rider age At-fault party Primary collision factor Notes 1 Vehicle vs. e-bike 16 Driver Driving in a bike lane — 2 Vehicle vs. e-bike 14, 13 Driver Stop-sign violation — 3 E-bike vs. vehicle 15 Rider Unsafe speed No light 4 E-bike vs. vehicle 17 Rider Turn-signal violation — 5 E-bike vs. vehicle 13 Rider Unsafe speed — 6 Solo e-bike 15 Rider Unsafe speed Struck object 7 Solo e-bike 14 Rider Unsafe speed Struck manhole Feb. 10, 2026 Item #8 Page 20 of 20 Docusign Envelope ID: 25C815B1-E6B3-452D-AB56-6980D53671BF Amendments to Title 10, Chapter 10.56, Operation of Regulated Mobility Devices, and Park Use Restrictions on E-bikes Jason Arnotti, Police Lieutenant Jennifer True, Sr. Assistant City Attorney Feb. 10, 2026 2 TODAY’S PRESENTATION •Background of the City Council’s direction •Summary of amendments to the ordinance (Chapter 10.56) •Summary of the resolution prohibiting e-bikes in select parks •Implementation timeline •Staff recommendations ITEM 8: E-BIKE REGULATIONS 3 COUNCIL DIRECTION September 16, 2025 Special TSMC meeting Commission recommended the adoption of AB 2234, along with additional legislative actions. March 25, 2025 City Council directed the Traffic Safety & Mobility Commission to seek public input on a minimum age of 12 for riding e-bikes (per AB 2234) and return with feedback and recommendations. July 29, 2025 City Council directed staff to develop enhanced e-bike enforcement recommendations and present them alongside the commission’s feedback. December 2, 2025 City Council received a presentation on e-bike safety strategies and directed staff to return with a draft ordinance implementing identified policy actions. ITEM 8: E-BIKE REGULATIONS 4 Modernized Regulations •Updated definitions aligned with state law •Clearly identified unsafe riding behaviors Minimum Age Framework (AB 2234 Pilot) •Under-12 prohibition for Class 1 & 2 e-bikes •Education-based enforcement with parental accountability Targeted Enforcement Tools •Authority to impound e-bikes when there is an immediate safety risk to a minor rider •Administrative cost recovery for state-authorized impounds Park Safety Measures •E-bike prohibition in Pine and Poinsettia Community Parks •Preserves pedestrian access and recreational use SUMMARY OF AMENDMENTS ITEM 8: E-BIKE REGULATIONS PHASED OUTREACH & ENFORCEMENT FRAMEWORK 5 6 PHASED IMPLEMENTATION ITEM 8: E-BIKE REGULATIONS February 25, 2026 30-Day Public Information Campaign Launch immediately following ordinance adoption March 26, 2026 Effective Date & 60-Day Warning Period Ordinance becomes effective after the outreach phase Officers focus on awareness, education and safety guidance May 25, 2026 Full Enforcement Transition Standard enforcement begins after the warning period concludes RECOMMENDATIONS 7 8 STAFF RECOMMENDATIONS 1)Introduce an ordinance to amend Title 10, Chapter 10.56 of the Carlsbad Municipal Code, which includes revisions and additions to definitions, operational standards, age restrictions for e-bikes, removal and impound authority, administrative hearing procedures, and enforcement provisions. 2)Adopt a resolution to prohibit the operation of e-bikes within Pine Avenue and Poinsettia Community Parks. ITEM 8: E-BIKE REGULATIONS QUESTIONS? 9 ITEM 8: E-BIKE REGULATIONS