HomeMy WebLinkAbout10 - Adding Provisions Related to Bicycle and Electric Bicycle Activity in the Public Right-of-Way - CorrespondenceReceived After Agenda Printed
November 4, 2025
Agenda Item No. 10
From: Christian Pederson
To: City Clerk"s Office
Subject: Public Comment for November 4th City Council Meeting on Ordinance No. 2025-35
Date: November 03, 2025 1:03:13 PM
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Dear Mayor Stapleton and City Council Members,
Please accept the following public comment regarding Ordinance No. 2025-35 on
bicycle and a -bike regulations. I urge the Council to focus on improving street design
and infrastructure rather than increasing enforcement, as unsafe behavior is a product
of unsafe streets. My full statement is included below.
I am writing to provide public comment on Ordinance No. 2025-35. While I appreciate
the City's concern for public safety, I believe this ordinance focuses too heavily on
enforcement and not enough on design. Unsafe behavior is a product of unsafe streets.
Every person who uses our public roads, whether driving, biking, or walking, makes a
personal risk assessment. Some people are more risk averse than others, but that is not
a moral failing; it is a natural response to the environment around them.
A fifteen -year -old on an a -bike traveling over twenty miles per hour and weaving in and
out of the bike lane is not doing it because they are reckless by nature. They are doing it
because they do not fully understand the risks, and the design of the road allows them to
do it. The same principle applies to drivers who routinely exceed the speed limit. When
roads have wide lanes, long straight stretches, and few physical cues that suggest
danger, people naturally go faster. The problem is not poor character. It is poor road
design that prioritizes speed over safety.
I live on the Peninsula along West Balboa near PCH, and I hear speeding cars every day
and night. The road design encourages that behavior. The same forgiving design that
allows drivers to speed also allows young cyclists to take risks. Criminalizing these
actions will not make anyone safer; it only punishes people for reacting to unsafe and
poor road design.
Painted bike lanes are not real bike infrastructure. They are painted gutters placed
inches from fast-moving traffic. These lanes often run through door zones, next to
parked cars, and alongside vehicles traveling at 35 to 60 miles per hour. Drivers regularly
swerve into bike lanes, block them while parking, or cross them to reach driveways.
Expecting bikes to share space with cars moving at high speeds is inherently unsafe.
Cyclists, including e-bike riders, are vulnerable road users just as much as pedestrians,
and the infrastructure should reflect that reality.
Allowing cyclists to ride on sidewalks is not a real solution either. It shifts the conflict to
pedestrians and sends the message that cyclists do not belong on the street. Bikes and
cars should never mix at vehicle speeds above 20 miles per hour, and bikes and
pedestrians should not be forced to share space either. Each mode needs its own
protected and clearly defined space.
Right now, Newport Beach's bike network is fragmented, inconsistent, and often unsafe,
forcing cyclists to improvise —sometimes in dangerous ways. The city should instead
focus on building a safe, continuous network of protected bike lanes that physically
separate cyclists from both cars and pedestrians, connecting schools, parks, and major
points of interest across the city. A connected and predictable network will make cycling
safer for everyone and reduce the kind of unsafe behavior this ordinance is trying to
address.
I ride frequently along Seashore Drive, the boardwalk, and the Santa Ana River Trail. On
Seashore Drive, the painted bike lane runs counterflow to traffic, squeezed behind
homes with garages that open directly into it. Cars pull out blindly, and pedestrians walk
in the bike lane because the sidewalk is too narrow. The boardwalk, while free of cars, is
a crowded mixed -use path where many people are distracted and unaware of others. By
contrast, the Santa Ana River Trail is completely separated from car traffic and provides
enough space for both cyclists and pedestrians. It is no coincidence that I rarely see
unsafe cycling behavior there. When people are given safe, well -designed space, they
ride predictably and responsibly.
Regarding the proposed diversion program, it is my understanding that the Newport -
Mesa Unified School District already provides bicycle safety education. If unsafe youth
behavior remains an issue despite existing programs, then education alone is not
enough. Good design, not more lectures or citations, is what produces lasting safety.
If Newport Beach truly wants safer streets, the city must invest in infrastructure that
protects and respects everyone who uses it. Only then will enforcement be fair,
effective. Until that happens, ordinances like this will continue to treat symptoms rather
than causes.
Thank you for your time and consideration.
Sincerely,
Chris Pederson
Newport Beach Resident
Received After Agenda Printed
November 4, 2025
Agenda Item No. 10
From: Garrett, Errica
Sent: November 03, 2025 4:57 PM
To: Dept - City Clerk
Subject: FW: 2025-11-04 City Council Meeting - Item 10 Ordinance No. 2025-35 &
Resolution No. 2025-78 (Bicycle & E-Bicycle Activity in the Public Right -of -
Way)
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Carmen Rawson <carmen rawson@att.net>
Sent: November 03, 2025 4:55 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Cc: Leung, Grace <gleung@newportbeachca.gov>; Weber, Sara <SWeber@newportbeachca.gov>; Grant,
Robyn <rgrant@newportbeachca.gov>; Kleiman, Lauren <Ikleiman@newportbeachca.gov>; Weigand,
Erik <eweigand@newportbeachca.gov>; Stapleton, Joe<istapleton@newportbeachca.gov>; Barto,
Michelle <MBarto@newportbeachca.gov>; Blom, Noah <NBlom@newportbeachca.gov>; Maureen
Cotton <mcotton@integrated8a.com>; Denys Oberman <dho@obermanassociates.com>; Ken & Carmen
Rawson <ckrawson@att.net>
Subject: 2025-11-04 City Council Meeting - Item 10 Ordinance No. 2025-35 & Resolution No. 2025-78
(Bicycle & E-Bicycle Activity in the Public Right -of -Way)
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City Mayor and City Council Members,
request for this correspondence to be entered into the Public Record for the subject meeting.
Regarding the subject Proposed Ordinance I have the following comments/questions:
Article 12.56.060 Safe Operation, Paragraph B.1. states "... operating an electric bicycle at full power on
crowded sidewalks,..." Why only on "crowded sidewalks"? Some sidewalks are narrow and it only takes
few pedestrians and an a -bike rider going full power (speed) to create a hazardous situation for the
pedestrians. Where bike lanes are available (i.e. Riverside Avenue) then the e-bike riders using the
sidewalk should have a maximum allowed speed limit lower than the a -bike "full speed" capability. The
proposed ordinance is trying to protect the bicycle riders from vehicles to the expense of the safety of
pedestrians.
Article 12.56.060 Safe Operation, Paragraph B.3. states "Failing to yield to vehicles or pedestrians when
required by the California Vehicle Code". Does the California Vehicle Code address "traffic flow" on a
sidewalk? Since a sidewalk's main purpose is its use by pedestrians shouldn't all bicycle riders yield to
pedestrians? On a sidewalk?
Article 12.56.060 Safe Operation, Paragraph B.9. states "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." This statement is too general and subject to everyone's interpretation. All streets
and alleys have a set speed limit for vehicles. Bicycles on a bike lane will (for now) go slower or at the
speed limit set for the street adjacent to the bike lane. On a sidewalk the speed limit should be less as
bicycle riders will be interfacing with pedestrians!!! So what is the bicycle speed limit for a sidewalk?
The ordinance does not address the prohibition of riding electric motorcycles (like the Surron, which has
no pedals only fixed foot pegs) on a sidewalk.
Exhibit A (the Map) is not detailed enough to clearly describe where sidewalk cycling is allowed. For
example, Riverside Avenue sidewalk cycling ends where? At which specific street? Perhaps, besides
the Map, there should be a Table showing where each allowed "sidewalk cycling" starts and ends.
hope you will take my comments into consideration as part of your review of the Proposed Ordinance.
Sincerely,
Carmen Rawson
2025-26 THROUGH 2O30-31
Received After Agenda Printed
November 4, 2025
Agenda Item No. 10
From: City Clerk's Office
Sent: November 04, 2025 11:23 AM
To: Mulvey, Jennifer
Subject: FW: Comments re City Council Agenda 11-4-25 Item 10 -Ordinances re
Bike,ebike operation in Pulbic ROW
From: Denys Oberman <dho@obermanassociates.com>
Sent: Tuesday, November 4, 2025 11:20:13 AM (UTC-08:00) Pacific Time (US & Canada)
To: Stapleton, Joe<jstapleton@newportbeachca.gov>; Barto, Michelle <MBarto@newportbeachca.gov>;
Weigand, Erik <eweigand@newportbeachca.gov>; Kleiman, Lauren <IkleimanC@newportbeachca.gov>;
Grant, Robyn <rarant@newportbeachca.gov>; Weber, Sara <SWeberC@newportbeachca.gov>; Blom,
Noah <NBlom @newportbeachca.gov>
Cc: City Clerk's Office <CityClerk@newportbeachca.gov>; fred levine <fredric.mark.levine@gmail.com>;
sheri.morgan gmail.com <sheri.morgan gmail.com>; Carmen Rawson <carmen rawson@att.net>;
Laura Curran <lauracurran@me.com>; davidsherbeck@yahoo.com <davidsherbeck@yahoo.com>
Subject: Comments re City Council Agenda 11-4-25 Item 10 -Ordinances re Bike,ebike operation in
Pulbic ROW
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PLEASE DISTRIBUTE THESE COMMENTS TO COUNCIL MEMBERS AND THE PUBLIC, AND ENTER INTO THE
PUBLIC RECORD.
Mayor Stapleton and Council Members,
The Community would like to express appreciation to Councilmember Barto, for bringing the issue of
improved safety and regulation of ebikes forward to a meaning level.
Also, our thanks to Mayor Stapleton, Councilmember Weigand, and Councilmember Barto, as well as the
City public works staff for their work in developing a plan and proposed Ordinances for consideration.
The proposed Ordinances take a positive step towards establishing a defined plan where Bikes and
Ebikes,other can operate.
Further, the proposed updated Ordinances provide for progressive enforcement of safe and legal
operation, through to taking a firm hand through to impoundment .
We request that the following additional modifications be considered:
Regulation should be applicable to ALL public Rights of Way, including all Sidewalks and alleys,
and not simply the designated areas.
This will promote Safety for Pedestrians, and not just Bike and motorized device operators.
The map should be modified to incorporate and address the additional public Right of Ways
mentioned above.
The enforcement path should include a path of citations with meaningful fines
We sincerely hope that we have the full , genuine commitment of the City and our Police force to make
our public Right of Ways safer.
We are in favor of the Council's approval of the Ordinances, pending incorporation of the items, above.
Thank you for your service and commitment to making our Communities Safer.
Denys H Oberman
Resident and Community Stakeholder
Regards,
Denys H. Oberman, CEO
NOBERMAN
SttcdoW o" FhonCO Adel$ ers
OBERMAN Strategy and Financial Advisors
19200 Von Karman Avenue, 6'" Floor
Irvine, CA 92612
Tel (949) 476-0790
Cell (949) 230-5868
Fax (949) 752-8935
Email: dho(a)obermanassociates. com
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Received After Agenda Printed
November 4, 2025
Agenda Item No. 10
From: Garrett, Errica
Sent: November 04, 2025 12:44 PM
To: Dept - City Clerk
Subject: FW: Enforcing Existing Laws on E-Bikes and Electric Motorcycles — No New
Legislation Needed
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: Kyle Hawley <kyle59@me.com>
Sent: November 04, 2025 12:43 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>; City Clerk's Office
<CityClerk@newportbeachca.gov>
Subject: Enforcing Existing Laws on E-Bikes and Electric Motorcycles — No New Legislation Needed
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To:
Newport Beach City Council
c/o City Clerk's Office
100 Civic Center Drive
Newport Beach, CA 92660
Executive Summary (TL;DR)
Newport Beach is seeing a surge in high-powered electric motorcycles such as Sur -Ron,
Talaria, and similar vehicles being operated on public streets, bike paths, and beaches by
minors and unlicensed riders. These are not bicycles —they are motor -driven cycles or
motorcycles under California law, often capable of 40-60 mph and easily modified to go
faster.
California law already provides all necessary definitions and enforcement authority. Any
two -wheeled electric vehicle exceeding 28 mph or lacking pedals is a motorcycle and must
be registered, insured, and operated by a licensed rider. The Newport Beach Police
Department (NBPD) already has full authority under existing law to cite and impound these
illegal vehicles —no new legislation is required.
Equally important, parents must understand what they are buying and permitting. Allowing
a 13- or 14-year-old to operate a 60 mph electric motorcycle on public streets is no
different than handing a child the keys to a Porsche and letting them "go out on the town."
Parents who enable or ignore this behavior can and should be held responsible for allowing
their children to operate unregistered, uninsured motor vehicles illegally on public
roadways.
At the same time, Newport Beach must ensure that enforcement focuses on illegal and
reckless use, not on lawful Class 1-3 pedal -assist a -bike riders who use their bikes
responsibly for exercise and transportation. These lawful users are already following the
Law and contribute to a healthier, cleaner community.
1. Legal Definition of E-Bikes (California Vehicle Code §§ 312.5 & 24016)
California defines an electric bicycle as a bicycle with fully operable pedals and a motor
under 750 watts.
It creates three distinct classes:
Class 1: Pedal -assist only, up to 20 mph.
Class 2: Throttle -assist, up to 20 mph.
Class 3: Pedal -assist only, up to 28 mph and equipped with a speedometer.
Under CVC § 24016(d), modifying an e-bike to exceed these limits reclassifies it as a motor
vehicle requiring registration and licensing. Anything faster or more powerful than these
thresholds — or lacking pedals — is not an a -bike.
2. Motor -Driven Cycles and Electric Motorcycles (CVC §§ 400, 405, 406)
§ 400: Defines a motorcycle as a motor vehicle with a seat or saddle and two or three
wheels.
§ 405: Defines a motor -driven cycle as a smaller motorcycle (under 150 cc equivalent).
§ 406: Defines a motorized bicycle or moped (<- 30 mph and < 4 HP)
Vehicles such as Sur -Ron or Ta[aria exceed these limits and are therefore motor -driven
cycles that require:
DMV registration and plates (CVC § 4000(a)(1));
Insurance under California's financial -responsibility laws; and
An M1 motorcycle license (CVC § 12500(b)).
NBPD already recognizes these as motorcycles and can impound them for 30 days under
CVC §§ 22651(p) and 14602.6 if operated by an unlicensed rider or without registration.
3. Existing Newport Beach Municipal Code Authority
Newport Beach's local ordinances already restrict where and how bicycles and a -bikes
may operate:
NBMC § 12.56.030: Prohibits bicycle or e-bike riding on sidewalks.
NBMC Ch. 12.54 — Oceanfront Boardwalk Safety Program: 8 mph maximum speed; unsafe
riding prohibited.
NBMC § 11.04.080 (2025 amendment): Prohibits bicycles, e-bikes, and scooters on
beaches; fines from $100—$500.
NBMC § 12.54.060: Authorizes impoundment of abandoned or illegally parked bikes and
scooters.
These provisions, combined with state law, already give NBPD full enforcement capability
— including citation, seizure, and impoundment authority — without requiring any new
ordinances.
4. Existing Laws on Reckless or Unsafe Operation
Reckless riding is already prohibited under both state and local law:
CVC § 23103: Defines reckless driving as operating anyvehicle "in willful or wanton
disregard for the safety of persons or property."
CVC § 21200: Requires cyclists and a -bike riders too bey the same rules and duties as
motor -vehicle drivers.
NBMC § 12.54.040: Makes it unlawful to operate any bicycle, e-bike, or similar device "in a
manner that creates an unreasonable risk of injury or damage."
These codes already allow NBPD to cite riders performing wheelies down public streets,
weaving through traffic, ignoring signals, or endangering pedestrians. Such acts already
meet the legal definition of reckless operation.
However, safe and controlled riding maneuvers — such as hopping a curb or obstacle to
avoid danger or debris — are lawful and should remain protected. Enforcement should
continue to distinguish responsible control and safe operation from dangerous
showmanship.
5. Parental Responsibility and Community Education
Parents and guardians who purchase high-powered electric motorcycles and allow minors
to operate them on public streets are enabling unlawful behavior. These machines are, by
definition, motor vehicles requiring registration, insurance, and a driver's license.
Just as it would be illegal to let a 14-year-old take a Porsche out on public roads, it is illegal
— and equally dangerous — to allow them to ride an unregistered 60 mph electric
motorcycle in traffic. Parents who knowingly permit this should be subject to the same
accountability and liability standards that apply to any unlicensed vehicle use.
Public outreach should reinforce this message: if it doesn't have pedals and it goes 40
mph, it's not a toy — it's a motorcycle.
6. Protecting Lawful, Responsible E-Bike Users
Law-abiding residents using Class 1-3 pedal -assist e-bikes for recreation, exercise, and
transportation are already in full compliance with state and local law. These riders respect
speed limits, wear helmets, and improve community health and sustainability.
New or overly broad legislation could inadvertently penalize these lawful users.
Enforcement should target:
Unlicensed minors operating electric motorcycles;
Unregistered or uninsured vehicles; and
Reckless or stunt riding that endangers others.
7. Conclusion
Between the California Vehicle Code and the Newport Beach Municipal Code, the City
already possesses every necessary legal tool to ensure safety and accountability:
CVC §§ 312.5, 400, 405, 406: Define e-bikes, motor -driven cycles, and motorcycles.
CVC § 12500(b): Requires motorcycle licensing.
CVC §§ 22651(p), 14602.6: Authorize vehicle impoundment.
NBMC §§ 11.04.080, 12.54, 12.56: Restrict locations and behaviors.
CVC § 23103 / NBMC § 12.54.040: Prohibit reckless operation.
No new legislation is needed.
NBPD and the City already have full authority to enforce, educate, cite, and impound. The
most effective path forward is consistent enforcement, parental accountability, and public
awareness — not additional restrictions that punish responsible riders who use legal e-
bikes safely for transportation and exercise.
Respectfully,
Kyle Hawley
Resident, City of Newport Beach
P.S.
I would encourage you to check out this post I made, which has a video of one of these
electric motorcycles going very fast and cutting across traffic in the dark.
Please let me know if you'd like a demonstration. I can borrow some electric bikes and
electric motorcycles to show you the difference firsthand. Of course, we'll do this in a
parking lot, not on public streets.
@NewportBeachPD @newportbeachgov 45 mph+ is extremely dangerous for an
unlicensed OHV operated by an unlicensed child! These are not e-bikes. These are electric
motorcycles that are not street legal and should be impounded by the police. This
motorcycle accelerated quickly
Kyle (@craigconsulting) 3 likes and 2
replies
Sent from my Phone
From: Garrett, Errica
Sent: November 05, 2025 10:55 AM
To: Dept - City Clerk
Subject: FW: Enforcing Existing Laws on E-Bikes and Electric Motorcycles — No New
Legislation Needed
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
From: Kyle Hawley <kyle59@me.com>
Sent: November 05, 2025 10:40 AM
To: Barto, Michelle <MBarto@newportbeachca.gov>; Dept - City Council
<CityCouncil@newportbeachca.gov>
Subject: Re: Enforcing Existing Laws on E-Bikes and Electric Motorcycles — No New Legislation Needed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
All it takes is a quick web search and snip one limiter wire for these kids to make their
Surron bikes go way too fast!
If you believe the Super 73 is safe, you're mistaken. You can actually get a Super 73 to go
30mph using only the Phone app. This makes it a class 3 and illegal for anyone under 16 on
the road.
They also make aftermarket motor controllers that can be swapped in minutes to make
them even faster or to do automatic wheelies.
I support people enjoying themselves, but these belong on OHV trails, not on our streets
and parks.
Don't mistake these for e-bikes, they are not.
Here are some links to start your research with:
a
•
Can you make SUPER73 go
faster?- #super73 #shorts
aeo
F:.
HOW TO UNLOCK THE MAX
SPEED ON A SUR RON! WHICH
100+MPH electric bike sounds
INSANE! (Surron built by
@DarwinEV) #surron #electric
youtube.com
low }'
od
' -4 F,- - -
I Bought This SECRET 65mph E-Moto No One
Talks About...
youtu.be
Thanks,
Kyle Hawley
On Nov 4, 2025, at 4:18 PM, Barto, Michelle <MBarto@newportbeachca.gov>
wrote:
Thank you! I appreciate your desire to be part of the process. I'll forward your
email to our clerk. While too late for the pre -meeting minutes, I 'll ensure its
shared
Best,
Michelle
From: Kyle Hawley <kyle59@me.com>
Sent: Tuesday, November 4, 2025 2:37 PM
To: Barto, Michelle <MBarto@newportbeachca.gov>
Subject: Re: Enforcing Existing Laws on E-Bikes and Electric Motorcycles — No New
Legislation Needed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and
know the content is safe. Report phish using the Phish Alert Button above.
Dear Councilmember Barto,
Thank you for taking the time to respond and for your ongoing work on this issue.
As an avid mountain biker (non-e-bike), I appreciate the importance of not over -legislating in ways
that could unintentionally impact traditional cyclists or responsible Class 1 e-bike riders. Many of
my friends rely on pedal -assist bikes —without throttles —for exercise or due to age and health
limitations, and they deserve continued access to trails and streets just like traditional riders.
I'd also like to ensure that legitimate riding techniques, such as safely hopping curbs or navigating
small obstacles, aren't restricted or misclassified as reckless behavior. These are standard skills for
both road and mountain bikers and are essential for safe, controlled riding.
I've been communicating with the Newport Beach Police Department and Corona del Mar
administration for several years about unsafe a -bike riding in our neighborhoods and along the
greenbelt. It's become a real safety concern. I strongly support efforts to hold parents and minors
accountable for operating high-powered, throttle -based e-motorcycles—such as Sur-Rons and
Super73s—on public streets. These machines are well beyond what the law defines as an a -bike.
At the same time, I hope enforcement remains focused on those illegal and unsafe uses rather than
restricting lawful Class 1 pedal -assist riders. If NBPD would find it helpful, I'm happy to assist in
identifying the technical differences between legal a -bikes and the overpowered throttle models that
are causing most of the problems.
Please include this correspondence along with my previous comments in the public record and
share it with both the City Council and the Newport Beach Police Department for consideration.
Thank you again for your attention and for including an educational component for parents. I
appreciate your balanced approach and look forward to seeing continued progress on safety
without penalizing responsible riders.
Best regards,
Kyle Hawley
Resident, Newport Beach
Sent from my iPhone
On Nov 4, 2025, at 1:54 PM, Barto, Michelle <MBarto .newportbeachca.gov>
wrote:
Thanks, Kyle, for your email. Our NBPD asked to help with
passing these additional municipal codes, similar to codes in
other coastal cities. One addition to the codes is that a
diversion program, which will allow parents to attend bike
safetytraining with their kids in lieu of a ticket. While, there's
certainly more that can be done, this is steve in that direction
I share your other concerns and so am also working with our
Public Information Office on an education campaign and with
NMUSD for better safety education and parental awareness.
Best,
Michelle Barto
Get Outlook for iOS
From: Kyle Hawley <kyle59@me.com>
Sent: Tuesday, November 4, 2025 12:42:48 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>; City Clerk's
Office <CityClerk@newportbeachca.gov>
Subject: Enforcing Existing Laws on E-Bikes and Electric Motorcycles No New Legislation Needed
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize
the sender and know the content is safe. Report phish using the Phish Alert
Button above.
To:
Newport Beach City Council
c/o City Clerk's Office
100 Civic Center Drive
Newport Beach, CA 92660
Executive Summary (TL;DR)
Newport Beach is seeing a surge in high-powered electric motorcycles such as
Sur -Ron, Talaria, and similar vehicles being operated on public streets, bike
paths, and beaches by minors and unlicensed riders. These are not bicycles they are motor -driven cycles or motorcycles under California law, often capable
of 40-60 mph and easily modified to go faster.
California law already provides all necessary definitions and enforcement
authority. Any two -wheeled electric vehicle exceeding 28 mph or lacking pedals
is a motorcycle and must be registered, insured, and operated by a licensed
rider. The Newport Beach Police Department (NBPD) already has full authority
under existing law to cite and impound these illegal vehicles — no new legislation
is required.
Equally important, parents must understand what they are buying and permitting.
Allowing a 13- or 14-year-old to operate a 60 mph electric motorcycle on public
streets is no different than handing a child the keys to a Porsche and letting them
"go out on the town." Parents who enable or ignore this behavior can and should
be held responsible for allowing their children to operate unregistered, uninsured
motor vehicles illegally on public roadways.
At the same time, Newport Beach must ensure that enforcement focuses on
illegal and reckless use, not on lawful Class 1-3 pedal -assist e-bike riders who
use their bikes responsibly for exercise and transportation. These lawful users
are already following the law and contribute to a healthier, cleaner community.
1. Legal Definition of E-Bikes (California Vehicle Code §§ 312.5 & 24016)
California defines an electric bicycle as a bicycle with fully operable pedals and a
motor under 750 watts.
It creates three distinct classes:
Class 1: Pedal -assist only, up to 20 mph.
Class 2: Throttle -assist, up to 20 mph.
Class 3: Pedal -assist only, up to 28 mph and equipped with a speedometer.
Under CVC § 24016(d), modifying an a -bike to exceed these limits reclassifies it
as a motor vehicle requiring registration and licensing. Anything faster or more
powerful than these thresholds — or lacking pedals — is not an a -bike.
2. Motor -Driven Cycles and Electric Motorcycles (CVC §§ 400, 405, 406)
§ 400: Defines a motorcycle as a motor vehicle with a seat or saddle and two or
three wheels.
§ 405: Defines a motor -driven cycle as a smaller motorcycle (under 150 cc
equivalent).
§ 406: Defines a motorized bicycle or moped (<_ 30 mph and < 4 HP).
Vehicles such as Sur -Ron or Talaria exceed these limits and are therefore motor -
driven cycles that require:
DMV registration and plates (CVC § 4000(a)(1));
Insurance under California's financial -responsibility laws; and
An M1 motorcycle license (CVC § 12500(b)).
NBPD already recognizes these as motorcycles and can impound them for 30
days under CVC §§ 22651(p) and 14602.6 if operated by an unlicensed rider or
without registration.
3. Existing Newport Beach Municipal Code Authority
Newport Beach's local ordinances already restrict where and how bicycles and e-
bikes may operate:
NBMC § 12.56.030: Prohibits bicycle or e-bike riding on sidewalks.
NBMC Ch. 12.54 — Oceanfront Boardwalk Safety Program: 8 mph maximum
speed; unsafe riding prohibited.
NBMC § 11.04.080 (2025 amendment): Prohibits bicycles, e-bikes, and scooters
on beaches; fines from $100—$500.
NBMC § 12.54.060: Authorizes impoundment of abandoned or illegally parked
bikes and scooters.
These provisions, combined with state law, already give NBPD full enforcement
capability — including citation, seizure, and impoundment authority — without
requiring any new ordinances.
4. Existing Laws on Reckless or Unsafe Operation
Reckless riding is already prohibited under both state and local law:
CVC § 23103: Defines reckless driving as operating any vehicle "in willful or
wanton disregard for the safety of persons or property."
CVC § 21200: Requires cyclists and e-bike riders to obey the same rules and
duties as motor -vehicle drivers.
NBMC § 12.54.040: Makes it unlawful to operate any bicycle, a -bike, or similar
device "in a manner that creates an unreasonable risk of injury or damage."
These codes already allow NBPD to cite riders performing wheelies down public
streets, weaving through traffic, ignoring signals, or endangering pedestrians.
Such acts already meet the legal definition of reckless operation.
However, safe and controlled riding maneuvers — such as hopping a curb or
obstacle to avoid danger or debris — are lawful and should remain protected.
Enforcement should continue to distinguish responsible control and safe
operation from dangerous showmanship.
5. Parental Responsibility and Community Education
Parents and guardians who purchase high-powered electric motorcycles and
allow minors to operate them on public streets are enabling unlawful behavior.
These machines are, by definition, motor vehicles requiring registration,
insurance, and a driver's license.
Just as it would be illegal to let a 14-year-old take a Porsche out on public roads,
it is illegal — and equally dangerous — to allow them to ride an unregistered 60
mph electric motorcycle in traffic. Parents who knowingly permit this should be
subject to the same accountability and liability standards that apply to any
unlicensed vehicle use.
Public outreach should reinforce this message: if it doesn't have pedals and it
goes 40 mph, it's not a toy — it's a motorcycle.
6. Protecting Lawful, Responsible E-Bike Users
Law-abiding residents using Class 1-3 pedal -assist a -bikes for recreation,
exercise, and transportation are already in full compliance with state and local
law. These riders respect speed limits, wear helmets, and improve community
health and sustainability.
New or overly broad legislation could inadvertently penalize these lawful users.
Enforcement should target:
Unlicensed minors operating electric motorcycles;
Unregistered or uninsured vehicles; and
Reckless or stunt riding that endangers others.
7. Conclusion
Between the California Vehicle Code and the Newport Beach Municipal Code,
the City already possesses every necessary legal tool to ensure safety and
accountability:
CVC §§ 312.5, 400, 405, 406: Define e-bikes, motor -driven cycles, and
motorcycles.
CVC § 12500(b): Requires motorcycle licensing
CVC §§ 22651(p), 14602.6: Authorize vehicle impoundment.
NBMC §§ 11.04.080, 12.54, 12.56: Restrict locations and behaviors.
CVC § 23103 / NBMC § 12.54.040: Prohibit reckless operation
No new legislation is needed.
NBPD and the City already have full authority to enforce, educate, cite, and
impound. The most effective path forward is consistent enforcement, parental
accountability, and public awareness — not additional restrictions that punish
responsible riders who use legal a -bikes safely for transportation and exercise
Respectfully,
Kyle Hawley
Resident, City of Newport Beach
00
I would encourage you to check out this post I made, which has a video of one of
these electric motorcycles going very fast and cutting across traffic in the dark.
Please let me know if you'd like a demonstration. I can borrow some electric
bikes and electric motorcycles to show you the difference firsthand. Of course,
we'll do this in a parking lot, not on public streets.
@NewportBeachPD @newportbeachgov 45 mph+ is extremely dangerous for an
unlicensed OHV operated by an unlicensed child! These are not e-bikes. These are electric
motorcycles that are not street legal and should be impounded by the police. This
motorcycle accelerated quickly
Kyle (@craigconsulting) 3 likes and 2
replies
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Sent from my Phone
From: Garrett, Errica
Sent: November 14, 2025 12:12 PM
To: Dept - City Clerk
Subject: FW: E-bikes
Errica Garrett
Administrative Assistant to the Mayor and City Council City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
-----Original Message -----
From: Lynn Lorenz <Ivnnierlo@icloud.com>
Sent: November 14, 2025 12:08 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: E-bikes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe. Report phish using the Phish Alert Button above.
To the City Council of Newport Beach:
In my wildest dreams I never thought that the Council would vote to allow e- bikes on all city sidewalks.
All I can assume is that you haven't walked on any city sidewalks lately.
I would call it gross negligence on your part.
Are you even considering how this new law would affect the number one industry of Newport Beach -
tourism? When word gets out about the liberal use of electric bikes on all sidewalks in Newport Beach,
it could well affect the tourist industry.
At least several times I have been almost struck by e- bikes zooming down Riverside on the sidewalk that
takes one to and from the Post office in the Newport Heights. It actually happened to me two times this
week. For senior citizens it means possible death not just injury.
Perhaps it is the lack of council members over age 50. If you did an age analysis, I think that you would
find that the age ratio of council members to the population of Newport Beach results in the fact that it
is not truly representative.
In allowing bicycles all over without proper guidelines and supervision, you are saying that walking is no
longer encouraged in our city. For that matter, what are the rules that are to be enforced? Perhaps you
should distribute maps to those of us who walk for exercise letting us know where connecting with an
object on wheels is not a possibility.
So when someone gets run over by an e- bike, particularly senior citizens or visiting tourists who are no
match for self- protection against these machines, does one sue the city or the city council for such
irresponsible behavior?
I have seen our city council members do some irresponsible things in the past, but this takes the cake.
Please tell me that it isn't so.
Sincerely,
Lynn Lorenz
434 Redlands Avenue
Newport Beach, CA 92663
From: Garrett, Errica
Sent: November 19, 2025 4:34 PM
To: Dept - City Clerk
Subject: FW: e-bikes
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
� In
From: David Harper <David.Harper@a Iliant.com>
Sent: November 19, 2025 4:29 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: e-bikes
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
First I believe we need to remove the name a -bikes as these are electric motorcycles.
There is no need to use any form of pedal motion to get them moving as they have a
throttle.
Most of these electric motorcycles are driven by people under the age of 16 who have no
knowledge in the rules of the road.
Having them on sidewalks will be a disaster.
Sent from my Phone sorry for any errors
David Harper
Senior Vice President
CA License No. OA81795
Irvine, CA 92612
D (949) 244-6911
C (949) 244-6911
E David. Harper@alliant.com
alliant.com
,4lliar►r
Alliant Insurance Services, Inc.
CA License No. OC36861
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appropriate advisors regarding any legal, financial, or tax implications.
From: Garrett, Errica
Sent: November 24, 2025 7:40 AM
To: Dept - City Clerk
Subject: FW: Ford Road by the Port Streets
Errica Garrett
Administrative Assistant to the Mayor and City Council City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
-----Original Message -----
From: Nancy Mullis <nancvmullis@gmail.com>
Sent: November 21, 2025 3:29 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Ford Road by the Port Streets
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe. Report phish using the Phish Alert Button above.
To the City Council,
Since you are working on the ordinance for e-bike safety, the sidewalk from San Miguel down Ford Road
to the tennis courts has signs saying Bike Riding allowed on the sidewalk.
I never see bicycle riders, but I do see a lot of e-bike kids on their way to CDM middle school or on the
weekends.
The older kids tend to use the bike lanes on Ford Road, both sides. The younger kids however, usually
don't announce themselves when they come up behind people/dogs walking on the sidewalk. I can't
think of one time that any kid did announce.
I have been startled by them often while walking, and today there were three kids in a little group, which
forced me to step into the street. Those kids don't even seem to get off the sidewalk for dog walkers.
There should not be bikes on that sidewalk but I would bet the Port Street parents tell their kids to stay
on the sidewalk for safety. If the kids can't manage the street, they probably shouldn't be riding an e-
bike.
I have brought this to the attention of NB City Hall months ago, this is not the first time.
I hope this can be added to the ordinance, for the safety of anyone using the sidewalk to walk dogs or
just walking for exercise. The e-bike kids rarely seem to have any concern for others.
Thank you,
Nancy Mullis