HomeMy WebLinkAbout10 - Adding Provisions Related to Bicycle and Electric Bicycle Activity in the Public Right-of-WayQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
November 4, 2025
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kevin Riley, Acting City Traffic Engineer - 949-644-3329,
kriley@newportbeachca.gov
TITLE: Ordinance No. 2025-35 and Resolution No. 2025-78: Adding
Provisions Related to Bicycle and Electric Bicycle Activity in the
Public Right -of -Way
ABSTRACT:
At the October 14, 2025 City Council meeting, Councilmember Barto brought forth a
Council Policy Al item requesting consideration of amending the Newport Beach
Municipal Code to enhance enforcement of bicycle safety by incorporating several
modifications to the existing code. The Bicycle Safety Working Group has now developed
and recommends a proposed ordinance to update the City of Newport Beach Municipal
Code (NBMC) Bicycles — Registration and Regulations, and a resolution to add more
street corridors where sidewalk cycling is allowed. The proposed ordinance and resolution
are in response to heightened safety concerns related to the recent proliferation of electric
bicycle activity in the public right-of-way and a need to better accommodate individuals of
all cycling experience.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Introduce Ordinance No. 2025-35, An Ordinance of the City Council of the City of
Newport Beach, California, Repealing and Replacing Chapter 12.56 (Bicycles —
Registration and Regulations) of the Newport Beach Municipal Code, and pass to
second reading on November 18, 2025; and
c) Adopt Resolution No. 2025-78, Resolution of the City Council of the City of Newport
Beach, California, Designating Sidewalks for Riding Bicycles and Electric Bicycles
Pursuant to Section 12.56.030 of the Newport Beach Municipal Code and Rescinding
Resolution No. 82-148.
DISCUSSION:
An informal Bicycle Safety Working Group comprised of Mayor Stapleton,
Councilmember Weigand, Councilmember Barto and City staff recently undertook review
10-1
Ordinance No. 2025-35 and Resolution No. 2025-78: Adding Provisions Related to
Bicycle and Electric Bicycle Activity in the Public Right -of -Way
November 4, 2025
Page 2
and discussion of bicycling issues in the City. The major issues discussed include the
increase in the use of electric bicycles (with new models continuing to evolve), ways to
enhance bicycle and electric bicycle safety and coordinating education efforts with
schools operating within Newport Beach. The working group collaborated over several
meetings to develop proposed ordinance changes to Chapter 12.56 (Bicycles -
Registration and Regulations) of the NBMC (Attachment A), and a proposed update to
the Sidewalk Cycling Allowed Map (Attachment B) which will add additional street
corridors where sidewalk cycling is allowed.
Proposed Ordinance Changes to NBMC 12.56
Chapter 12.56 of the NBMC provides registration and general regulations on cycling
within Newport Beach. Chapter 12.56 was adopted in 1972 with the most recent
amendments in 1997. A summary of the areas covered by Chapter 12.56 include
definitions limited to bicycles, pedicabs, and surrey cycles; voluntary licensing of bicycles;
limitations on cycling on sidewalks; limitations on the operation of surrey cycles and/or
pedicabs; and a general obligation to obey signage. Since that time, a number of changes
have occurred in the area of cycling as identified by the Orange County Grand Jury Report
on E-Bikes that was presented to the City Council on August 27, 2024. In that report, the
Grand Jury made a number of findings including recognition that the majority of Orange
County's 34 cities do not have ordinances or policies in place regulating electric bicycles;
the need for consistent and accurate tracking by law enforcement and first responders
due to the increased incidents of electric bicycle injuries; and the need for streamlined
training and education on electric bicycle use and safety.'
The Bicycle Safety Working Group has worked to identify four areas of enhancements to
the NBMC Chapter 12.56 intended to capture electric bicycles within its regulations and
improve safety. Specifically, the proposed ordinance would apply to electric bicycles and
other motorized conveyance devices to specifically delineate behavior that is unsafe while
riding, require helmets for all riders under the age of 18 years old, and provide additional
penalties for violations by minors in particular. Specifically, at the discretion of the citing
officer, all varieties of bicycles and electric bicycles may be impounded with release only
to a responsible adult. Additionally, the penalty provisions would now provide a diversion
program directed towards minors who are cited for violations of the chapter. If a bicycle
safety training program is successfully completed, the citation may be dismissed.
Proposed Resolution Amend Resolution No. 82-148
NBMC Section 12.56.030 establishes where bicycle riding on a sidewalk is currently
allowed in the City pursuant to Resolution No. 82-148. Since its adoption, Newport Beach
has experienced further growth. These sidewalks that allow bicycle riding are generally
located on major arterials, collector roads, and dual pedestrian and bicycle paths. As
some streets allowing sidewalk cycling have since been updated with on -street bicycle
lanes as well, inexperienced cyclists still feel more comfortable riding on the sidewalk and
not on the street adjacent to heavy traffic and high-speed roadways. Staff has identified
an additional 23 miles of street segments that would be appropriate for sidewalk cycling
This year, the City has undertaken a number of code amendments related to bicycles and electric
bicycles including Ordinance Nos. 2025-6 and 2025-29 which prohibits bicycles and electric bicycles on
City beaches and at Newport Elementary School.
10-2
Ordinance No. 2025-35 and Resolution No. 2025-78: Adding Provisions Related to
Bicycle and Electric Bicycle Activity in the Public Right -of -Way
November 4, 2025
Page 3
as an alternative to cycling in the street. An updated map that shows all the street
segment sidewalks where cycling will be allowed is attached to the proposed resolution.
FISCAL IMPACT:
There is no significant fiscal impact related to this item. Some additional minor signage
and markings will need to be installed to identify the new sidewalks where cycling is
allowed or not allowed. The adopted Capital Improvement Budget includes sufficient
funding for this purchase. It will be expensed to the Traffic Signage, Striping and Marking
project account in the Public Works Department, 01201927-980000-25T03.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2025-35
Attachment B — Resolution No. 2025-78
Attachment C — Chapter 12.56 Redline
10-3
ATTACHMENT A
ORDINANCE NO. 2025-35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, REPEALING AND
REPLACING CHAPTER 12.56 (BICYCLES -
REGISTRATION AND REGULATIONS) OF THE
NEWPORT BEACH MUNICIPAL CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, Chapter 12.56 (Bicycles — Registration and Regulations) of the
Newport Beach Municipal Code ("NBMC") regulates the use of bicycles within the city;
WHEREAS, electric bicycles (with new models continuing to emerge) have
become an increasingly popular mode of transportation, but are not currently addressed
in Chapter 12.56 (Bicycles — Registration and Regulations);
WHEREAS, the increased use of electric bicycles has contributed to a rise in
accidents and injuries, creating a need to update local regulations to enhance the safety
of pedestrians, cyclists, and motorists; and
WHEREAS, the City Council desires to repeal Chapter 12.56 (Bicycles —
Registration and Regulations) in its entirety and adopt a new Chapter 12.56 (Bicycles —
And Similar Devices - Registration and Regulations), as provided herein.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 12.56 (Bicycles — Registration and Regulations) of the
Newport Beach Municipal Code is hereby repealed in its entirety and replaced with the
provisions set forth in Exhibit 'A," which is attached hereto and incorporated herein by
this reference.
Section 2: The City's Traffic Engineer is hereby directed to erect or place
appropriate signs giving notice of the regulations imposed by this ordinance.
10-4
Ordinance No. 2025-
Page 2 of 3
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
10-5
Ordinance No. 2025-
Page 3 of 3
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 4th day of November, 2025, and adopted on the 18th day
of November, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Lena Shumway, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Hark, City Attorney
Attachment(s): Exhibit A — Chapter 12.56 (Bicycles and Similar Devices —
Registration and Regulations)
10-6
EXHIBIT A
Chapter 12.56
BICYCLES AND SIMILAR DEVICES —REGISTRATION AND REGULATIONS
Sections:
12.56.010
Definitions.
12.56.025
Voluntary Licensing.
12.56.030
Operating on Sidewalks.
12.56.040
Operating a Surrey Cycle or Pedicab.
12.56.050
Designation of Bicycle Lanes.
12.56.060
Safe Operation.
12.56.070
Placement of Appropriate Signs.
12.56.080
Penalties, Impoundment and Diversion.
12.56.010 Definitions.
As used in this chapter, the following terms and words shall have the following
meanings:
"Bicycle" has the same meaning as defined in California Vehicle Code Section 231.
"Bicycle lane" means a portion of a roadway that has been designated by striping,
signage, or pavement markings for the preferential or exclusive use of bicycles.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section
312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle
Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code
Section 406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code
Section 407.5.
"Motorized wheeled conveyance" means any electric bicycle, electrically motorized
board, motorized bicycle, or motorized scooter, or any similar electric or combustible
motorized wheeled conveyance.
"Pedicab" has the same meaning as defined in California Vehicle Code Section 467.5.
10-7
"Public plaza" means an open public area that is owned or controlled by the State, the
County, the City, or other public entity that has been physically improved, which allows
access to the beach, a boardwalk, or public pier, and where people can gather.
"Public rights -of -way" or "public right-of-way" means a public roadway, highway, street,
sidewalk, path, trail, plaza, bicycle lane, boardwalk, or alleyway that is located within the
jurisdictional boundaries of the City and subject to the City's regulatory authority.
"Surrey cycle" means a bicycle or electric bicycle with seating for one (1) or more
persons which is which has four (4) or more wheels.
12.56.025 Voluntary Licensing.
A. Any person who is a resident of the City may apply to the Police Department for a
bicycle or electric bicycle license. Motorized bicycles shall be licensed by the
Department of Motor Vehicles and require a Driver's License to operate.
B. Fees for bicycle or electric bicycle license issuance or renewal, shall be established
by resolution of the City Council. Fees shall be waived for all individuals who obtain a
bicycle or electric bicycle license or renewal at a City sponsored bicycle safety program.
12.56.030 Operating on Sidewalks.
A. Prohibition. No person shall operate or ride a bicycle or electric bicycle upon any
sidewalk except where such operation is specifically designated by resolution of the City
Council or as otherwise authorized in subsection (B).
B. Exceptions. The provisions of this section shall not apply to-
1 . A mobility aid used by a person to assist with a disability.
2. Tricycles which measure less than one of the following:
a. Eighteen (18) inches from ground level to the neck joint,
b. Twenty-four (24) inches in width measured from the outer rear wheels,
c. Eighteen (18) inches in front tire diameter, or
d. Twelve (12) inches in rear tire diameter.
3. Any bicycle or electric bicycle operated by a City employee or contractor when
acting within the course and scope of his or her employment.
4. Sidewalks fronting residential dwelling units in residential neighborhoods,
unless otherwise signed or marked.
12.56.040 Operating a Surrey Cycle or Pedicab.
A. No person shall operate or ride a surrey cycle or pedicab upon any sidewalk,
boardwalk or any public pier in the City.
10-8
B. Any person who operates a surrey cycle or pedicab rental service, shop or facility
must inform each person who rents a surrey cycle or pedicab at the time of the rental, in
writing, of the restrictions contained in this section. Each rental surrey cycle or pedicab
shall be posted to clearly inform each rider of the particular areas in the City where
surrey cycles and pedicabs are prohibited.
C. Any person who operates a surrey cycle or pedicab rental service, shop or facility,
shall affix to each rented surrey cycle or pedicab, a flag of sufficient size and color to
increase visibility of the surrey cycle or pedicab. The flag, which shall be of international
orange or similar color, and of sufficient size to enhance the visibility of the surrey cycle
or pedicab, shall be affixed so that it reaches three (3) feet above the highest portion of
the surrey cycle or pedicab.
12.56.050 Designation of Bicycle Lanes.
The City Traffic Engineer is authorized to designate bicycle lanes on streets and shall
mark and sign them in conformance with California Vehicle Code Section 21400.
12.56.060 Safe Operation.
A. No person shall operate or ride a motorized wheeled conveyance upon any public
right-of-way, or within any public park in a manner that is unsafe or that creates an
unreasonable risk of injury to any person or damage to any property.
B. Examples of operating or riding in an unsafe manner include, but are not limited to,
the following actions:
1. Riding on a sidewalk designated as permissible without due caution for
pedestrians, which shall include, but not be limited to, weaving between pedestrians,
operating an electric bicycle at full power on crowded sidewalks, riding while distracted,
or riding at night without lights.
2. Riding on a public right-of-way against the flow of traffic.
3. Failing to yield to vehicles or pedestrians when required by the California
Vehicle Code.
4. Intentionally swerving or riding around stopped or slowed traffic.
5. Carrying passengers on bicycles or electric bicycles not designed or equipped
for multiple riders.
6. Disobeying posted traffic signs, pavement markings or traffic control signals.
7. Riding without a properly fitted and fastened helmet when under the age of 18.
8. Intentionally lifting one or more wheels off the ground while riding.
10-9
9. Riding on public right-of-way at a speed greater than reasonable or prudent
under the existing conditions, or at a speed which endangers the safety of persons or
property.
10. Failing to utilize a designated bicycle lane when signs are posted requiring such
use.
12.56.070 Placement of Appropriate Signs.
Whenever this Code or any ordinance or resolution of the City designates any portion of
a sidewalk to allow cycling, the City Traffic Engineer shall place and maintain signs
giving notice thereof.
12.56.080 Penalties, Impoundment, and Diversion.
A. Unlawful Acts. It shall be unlawful for any person to violate any provisions of, or to
fail to comply with, any of the requirements of this chapter.
B. Enforcement and Impoundment. In addition to the fines and penalties that may be
assessed to minor pursuant to this Code, the Chief of Police or any officers of the
Newport Beach Police Department charged with enforcing this chapter, may impound
the motorized wheeled conveyance operated in violation of this chapter. Upon
impoundment of a motorized wheeled conveyance, the minor shall be provided with
written notice that possession of the impounded motorized wheeled conveyance shall
be retained until released to a responsible adult. Motorized wheeled conveyances
impounded and retained by the Police Department for more than ninety (90) days shall
be deemed abandoned and may be disposed of as restricted by Civil Code Sections
2080.1, 2080.2, 2080.3, 2080.4 and 2080.5. The responsible adult shall be responsible
for any impound fees adopted by resolution of the City Council.
C. Diversion Program. The Chief of Police shall establish and administer a motorized
wheeled conveyance diversion program designed to educate violators on safe riding
practices and applicable traffic laws. Participation in the diversion program shall be
offered to minors who are first-time offenders and may, in the discretion of the Chief of
Police, be offered to other violators. If the diversion program is successfully completed
by the violator, or in the case of a minor, by the minor and the minor's parent or
guardian, the City Attorney is authorized not to file the citation, dismiss the citation and
waive any penalties related thereto. The diversion program shall include, but not be
limited to, instruction on: (1) traffic laws applicable to the use of motorized wheeled
conveyances; (2) safe and courteous riding practices; (3) the proper use of safety
equipment; and (4) the responsibilities of cyclists in shared public spaces. A fee for
participation in the diversion program shall be established by resolution of the City
Council.
10-10
ATTACHMENT B
RESOLUTION NO. 2025-78
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DESIGNATING
SIDEWALKS FOR RIDING BICYCLES AND ELECTRIC
BICYCLES PURSUANT TO SECTION 12.56.030 OF THE
NEWPORT BEACH MUNICIPAL CODE AND RESCINDING
RESOLUTION NO. 82-148
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, Section 12.56.030 (Operating on Sidewalks) of the Newport Beach
Municipal Code ("NBMC") authorizes the City Council to designate sidewalks where
bicycles are permitted;
WHEREAS, the City Council designated sidewalks where riding bicycles is
permissible in 1982 pursuant to Resolution No. 82-148;
WHEREAS, Newport Beach has grown dramatically since 1982 thus warranting
an update to the map identifying sidewalks where cycling is permissible ("Sidewalk
Cycling Map"); and
WHEREAS, the City's Traffic Engineer prepared an updated Sidewalk Cycling
Map which is attached hereto as Exhibit 'A," and incorporated herein by this reference
to reflect the sidewalks where cycling is permissible subject to compliance with all
applicable provisions of the NBMC and Vehicle Code.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby rescinds Resolution No. 82-148 and
approves the Sidewalk Cycling Map attached hereto as Exhibit "A," updating the
sidewalks where cycling on sidewalks is permissible subject to compliance with all other
applicable laws.
10-11
Resolution No. 2025-
Page 2 of 2
Section 2: The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of
the California Code of Regulations, Title 14, Division 6, Chapter 3, ("CEQA Guidelines")
because the adoption of this resolution will not result in a direct or reasonably
foreseeable direct physical change to the environment.
Section 3: The recitals in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 4th day of November, 2025.
Joe Stapleton
Mayor
ATTEST:
Lena Shumway
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C ITarp
City Attorpey
Attachment: Exhibit A - Sidewalk Cycling Map
10-12
EXHIBIT A
Sidewalk Cycling Map
10-13
Costa Mes
U
6So'k
La Felicidad
eigo
n
m q�e
d
W
m'
Rd nits canyon \
Ford
�verside
~•� Ave
• '
� • 3a
a H Coast
Saa aV9ticay` Lido West arand �� p
"el
41 G �i�0 O q�,OilsR
r Santoa
N
�eriteP g`Ol
Newport Beach
ti s;
,h i ,� � ykyFas y�OR
Exhibit A
1 w
Sidewalk Cycling Allowed\`
r _ J City Boundary % `
Sidewalk Cycling Allowed
o e.5 1
es
ATTACHMENT C
Deleted Cells
-Chapter 12.56
BICYCLES AND SIMILAR DEVICES —REGISTRATION AND REGULATIONS
Sections:
12.56.010
Definitions.
12.56.025
Voluntary Licensing.
12.56.030
-Operating BiGyele on Side a.• �IkSidewalks.
12.56.040
-Operating a Surrey Cycle or Pedicab.
12.56.050
—Designation of Bicycle Lanes.
12.56.060
nhedie'n'ne t ci . Safe Operation.
12.56.070
-Placement of Appropriate Signs.
12.56.080
""^'^ri,o,] R'GyG[ecPenalties, Impoundment and Diversion.
12.56.010 Definitions.
As used in this
chapter, the following terms and words shall have the following meanings:
"Bicycle" has the same meaning as defined in California Vehicle Code Section 231
"Bicycle lane" means a portion of a roadway that has been designated by striping,
signage, or pavement markings for the preferential or exclusive use of bicycles.
"Electric bicycle" has the same meaning as defined in California Vehicle Code Section
312.5.
"Electrically motorized board" has the same meaning as defined in California Vehicle
Code Section 313.5.
"Motorized bicycle" has the same meaning as defined in California Vehicle Code Section
406.
"Motorized scooter" has the same meaning as defined in California Vehicle Code Section
407.5.
"Motorized wheeled conveyance" means any deviGe 61PORelectric bicycle, electrically
motorized board, motorized bicycle, or motorized scooter, or any similar electric or
combustible motorized wheeled conveyance.
"Pedicab" has the same meaning as defined in California Vehicle Code Section 467.5.
"Public plaza" means an open public area that is owned or controlled bV the State, the
County, the CitV, or other public entity that has been physically improved, which a -person
may ride uhirh i elled by hu rnaR r fh Fe gh a system of belts rhaiRs r.
gearsallows access to the beach, a boardwalk, or public pier, and which has two wheels
at least +,.,, Rty i20innhes OR diam„terwhere people can gather.
10-15
Deleted Cells
"Public rights -of -way" or "public riqht-of-way' means a public roadway, highway, street,
sidewalk, path, trail, plaza, bicycle lane, boardwalk, or alleyway that is located within the
jurisdictional boundaries of the City and a frame size of of least feurteeR (14)
faehes.subiect to the City's regulatorV authority.
"PediGab" means any deviGe with seating for one or Fnere persons which is propelled by
hurnaR power threugh a system ef peddles, belts, GhaiRG er
and whiGh has three
whpolc. gears,
"Surrey cycle" means an%tea bicycle or electric bicycle with seating for one Mor
more persons which is prGpelled by hurnan power through a stem of peddles bolts
^hains or gear and which has four wheels—(4) or more wheels.
12.56.025_Voluntary Licensing.
A. Any person who is a resident of the City may apply to the Police Department for a
bicycle or electric bicycle license. Motorized bicycles shall be licensed by the Department
of Motor Vehicles and require a Driver's License to operate.
B. Fees for bicycle or electric bicycle license issuance or renewal, shall be established
by resolution of the City Council. Fees shall be waived for all individuals who obtain a
bicycle or electric bicycle license or renewal at a City sponsored bicycle safety program.
12.56.030_Operating BiGYGle on Sidewalk.Sidewalks.
A. -Prohibition. No person shall operate or ride a bicycle or electric bicycle upon any
sidewalk in -except where such operation is specifically designated by resolution of the
City.- Council or as otherwise authorized in subsection (B).
B. Exceptions. The provisions of this section shall not apply to
4 Sidewalks e which hinvnles a permiffed n of fA- a nl, itien adopted by
the City GeuRGil•
2. Tricyele�s, wheelGh.,irs eir I.Afheeled- eperatedby the disabled or the
of
3. Rellerskates, rellerblades erskate-bea.ras ersirnilzar devises, cGept wheR
operation is prohibited by the provisions of Chapter 12.57 Gf this Code;
41. A mobility aid used by a person to assist with a disability.
2. Tricycles which measure less than one of the following:
a. Eighteen (18) inches from ground level to the neck joint,
b. Twenty-four (24) inches in width measured from the outer rear wheels,
c. Eighteen (18) inches in front tire diameter, or
d. Twelve (12) inches in rear tire diameter.
10-16
Deleted Cells
5T To a3. Any bicycle or electric bicycle operated by any peace officer employed
by the a City of Newport BeaGh R employee or contractor when acting within the course
and scope of his or her employment.
4. Sidewalks fronting residential dwelling units in residential neighborhoods, unless
otherwise signed or marked.
12.56.040_Operating a Surrey Cycle or Pedicab.
A. No person shall operate or ride a surrey cycle or pedicab upon any sidewalk,
boardwalk or any public pier in the City.
B. Any person who operates a surrey cycle or pedicab rental service, shop or facility
must inform each person who rents a surrey cycle or pedicab at the time of the rental, in
writing, of the restrictions contained in this section. Each rental surrey cycle or pedicab
shall be posted to clearly inform each rider of the particular areas in the City where surrey
cycles and pedicabs are prohibited.
C. Any person who operates a surrey cycle or pedicab rental service, shop or facility,
shall affix to each rented surrey cycle or pedicab, a flag of sufficient size and color to
increase visibility of the surrey cycle or pedicab. The flag, which shall be of international
orange or similar color, and of sufficient size to enhance the visibility of the surrey cycle
or pedicab, shall be affixed so that it reaches three feet above the highest portion of
the surrey cycle or pedicab.
12.56.050_Designation of Bicycle Lanes.
The City Traffic Engineer is authorized to designate bicycle lanes on streets and shall
mark and sign them in conformance with California Vehicle Code Section 21400.
12.56.060 Obedience to SmansSafe ODeration.
A. No person shall operate or ride a motorized wheeled conveyance upon any public
right-of-way, or within any public park in a manner that is unsafe or that creates an
unreasonable risk of iniury to any Derson or damaae to anv property.
B. Examples of operating or riding in an unsafe manner include, but are not limited to
the followina actions:
1. Riding on a sidewalk designated as permissible without due caution for
pedestrians, which shall include, but not be limited to, weaving between pedestrians,
operating an electric bicycle at full power on crowded sidewalks, riding while distracted,
or riding at night without lights.
10-17
Deleted Cells
2. Riding on a public right-of-way against the flow of traffic.
3. Failing to yield to vehicles or pedestrians when required by the California Vehicle
Code.
Intentionally swervina or ridina around stoDDed or slowed traffic.
5. Carrying passengers on bicycles or electric bicycles not designed or equipped
for multiple riders.
6. Disobeying posted traffic signs, pavement markings or traffic control signals.
7. Riding without a properly fitted and fastened helmet when under the age of 18.
Intentionally liftina one or more wheels off the around while
9. Riding on public right-of-way at a speed greater than reasonable or prudent
under the existing conditions, or at a speed which endangers the safety of persons or
property.
10. Failing to utilize a designated bicycle lane when signs are posted requiring such
use.
12.56.070_Placement of Appropriate Signs.
Whenever this Code or any ordinance or resolution of the City designates any portion of
a street er sidewalk as a biGyGle lan- to allow cycling, the City Traffic Engineer shall place
and maintain signs giving notice thereof, and Re SUGh regulatieR shall be offend„e , n�o��
nh signs ply
12.56.080Moto rozed Bmcvcles Penalties. ImDoundment. and Diversion.
A. Unlawful Acts. It shall be unlawful for any person to violate any provisions of, or to fail
to comply with, any of the requirements of this chapter_
B. Enforcement and Impoundment. In addition to the fines and penalties that may be
assessed to minor pursuant to this Code, the Chief of Police or any officers of the Newport
Beach Police Department charged with enforcing this chapter, may impound the
motorized wheeled conveyance operated in violation of this chapter. Upon impoundment
of a motorized wheeled conveyance, the minor shall be provided with written notice that
possession of the impounded motorized wheeled conveyance shall be retained until
released to a responsible adult. Motorized wheeled conveyances impounded and
retained by the Police Department for more than ninety (90) days shall be deemed
abandoned and may be disposed of as restricted by Civil Code Sections 2080.1, 2080.2,
2080.3, 2080.4 and 2080.5. The responsible adult shall be responsible for any impound
fees adoated by resolution of the Citv Council.
C. Diversion Program. The Chief of Police shall establish and administer a motorized
wheeled conveyance diversion program designed to educate violators on safe riding
practices and applicable to m^+ rized hin„n!es s that term is defined by rarfeF 'a Vehicle
10-18
Deleted Cells
traffic laws. Participation in the diversion program shall be offered to
minors who are first-time offenders and may, in the discretion of the Chief of Police, be
offered to other violators. If the diversion program is successfully completed by the
violator, or in the case of a minor, by the minor and the minor's parent or guardian, the
City Attorney is authorized not to file the citation, dismiss the citation and waive any
penalties related thereto. The diversion program shall include, but not be limited to,
instruction on: (1) traffic laws applicable to the use of motorized wheeled conveyances;
(2) safe and courteous riding practices; (3) the proper use of safety equipment; and (4)
the responsibilities of cyclists in shared public spaces. A fee for participation in the
diversion program shall be established by resolution of the City Council.
10-19