HomeMy WebLinkAbout2026-02-24; City Council; 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 DE...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
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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.
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“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.
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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.
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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.
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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 24th day of February, 2026, by the following vote, to wit:
AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
_________________________________
CINDIE K. McMAHON, City Attorney
_______________________________________
KEITH BLACKBURN, Mayor
_______________________________________
SHERRY FREISINGER, City Clerk
(SEAL)
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