HomeMy WebLinkAboutOrd 2025-3597ORDINANCE NO. 3597
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE
CHAPTER 5.67 (SHARED MICRO-MOBILITY DEVICE PILOT
PROGRAM) BY AMENDING SECTION 5.67.020 AND
REPEALING SECTION 5.67.090 IN ITS ENTIRETY,
AMENDING VARIOUS SECTIONS OF CHULA VISTA
MUNICIPAL CODE CHAPTER 10.08 (VEHICLES AND
TRAFFIC – DEFINITIONS) BY ADDING SECTIONS 10.08.101,
10.08.102, 10.08.103, 10.08.125, AND 10.08.126, AND ADDING
CHAPTER 10.73 (ELECTRIC MICROMOBILITY VEHICLES)
TO THE CHULA VISTA MUNICIPAL CODE TO CLARIFY
EXISTING REQUIREMENTS AND ADD NEW
REQUIREMENTS RELATED TO ELECTRIC
MICROMOBILITY VEHICLES
WHEREAS, California Vehicle Code Sections 231, 21100, 21206, and 21207.5 allow
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, California Vehicle Code Section 21282 allows 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, for the purpose of assuring the safety
of pedestrians, including seniors, persons with disabilities, and others using sidewalks, bicycle
paths, pathways, trails, bicycle lanes, streets, roads, and highways; and
WHEREAS, California Vehicle Code Section 21100 allows cities to enact ordinances
regulating the operation of electrically motorized boards, as defined in California Vehicle Code
Section 313.5, so long as such regulations do not duplicate or conflict with California Vehicle
Code regulations of electrically motorized boards at California Vehicle Code Sections 21290
through 21296; and
WHEREAS, California Vehicle Code Section 21225 allows cities to enact ordinances to
regulate the registration of motorized scooters, as defined in California Vehicle Code Section
407.5, and the parking and operation of motorized scooters on pedestrian or bicycle facilities
and local city streets and highways, if that regulation is not in conflict with the California Vehicle
Code; and
WHEREAS, California Vehicle Code Section 21266 allows cities to enact ordinances to
restrict or prohibit the use of low-speed vehicles, as defined in California Vehicle Code Section
385.5, and may prohibit operation of low-speed vehicles in the roadway when acting as the
primary traffic enforcement agency and the city deems the prohibition to be in the best interest
of public safety; and
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WHEREAS, the City Council of the City of Chula Vista (“City Council”) intends to
promote the safety of persons using electric bicycles, electric personal assistive mobility
devices, electrically motorized boards, motorized scooters, and other similar vehicles (defined
herein as “Electric Micromobility Vehicles”) while maximizing recreational opportunities and
fully exempting disabled persons operating electric mobility devices from the proposed
regulations; and
WHEREAS, the City Council has determined that the proposed regulations represent
reasonable measures and enforcement mechanisms that can be implemented to promote the safe
and efficient use of selected sidewalks, bicycle paths, pathways, trails, and bicycle lanes in the
City; and
WHEREAS, the City Council made this determination after considering the probability
and gravity of potential injuries to persons and property against the practicability and cost of
implementing measures that would protect against the risk of such injuries; and
WHEREAS, California Vehicle Code Section 21214.7 authorizes local governments in
San Diego County to adopt pilot program ordinances prohibiting children under 12 years of age
from operating Class 1 or Class 2 electric bicycles, as defined in California Vehicle Code Section
312.5, subject to certain requirements; and
WHEREAS, the City Council has directed City staff to incorporate the requirements and
provisions of California Vehicle Code Section 21214.7 into the new Electric Micromobility
Vehicle amendments; and
WHEREAS, the Electric Micromobility Vehicle amendments are exempt from
environmental review under the California Environmental Quality Act because they are
regulatory and enforcement measures that will not result in any direct or indirect physical
impacts on the environment, and which are further exempted from review under the California
Environmental Quality per California Code of Regulations, title 14, section 15321, which
exempts enforcement of laws, general rules, standards, and objectives administered or adopted
by the agency from environmental review.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. All of the above statements are true and incorporated herein.
Section II. Chula Vista Municipal Code Section 5.67.020, definition of “Scooter,” is
hereby amended and shall read as follows:
5.67.020 Definitions.
“Motorized Scooter” shall have the meaning given to such term in Section 10.08.126 of this code.
[all other definitions in Section 5.67.020 remain unchanged]
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Section III. Chula Vista Municipal Code Section 5.67.090 is repealed in its entirety.
Section IV. The following sections in Chula Vista Municipal Code Chapter 10.08 are
hereby added and shall read as follows:
[Sections 10.08.010 through 10.08.100 remain unchanged]
10.08.101 Electric bicycle.
“Electric bicycle” shall have the same meaning given to such term in California Vehicle Code
Section 312.5(a), and means a bicycle equipped with fully operable pedals and an electric motor
that does not exceed 750 watts of power.
A. A “Class 1 electric bicycle” or “low-speed pedal-assisted electric bicycle” shall
have the meaning given to such term in California Vehicle Code Section
312.5(a)(1).
B. A “Class 2 electric bicycle” or “low-speed throttle-assisted electric bicycle” shall
have the meaning given to such term in California Vehicle Code Section
312.5(a)(2).
C. A “Class 3 electric bicycle” or “speed pedal-assisted electric bicycle” shall have the
meaning given to such term in California Vehicle Code Section 312.5(a)(3).
10.08.102 Electric micromobility vehicle.
“Electric micromobility vehicle” means a lightweight, low-speed electric vehicle that is designed
for individual transportation and is propelled wholly or partially by an electric motor. “Electric
micromobility vehicle” includes, but is not limited to, electric bicycles, motorized scooters,
electrically motorized boards, low-speed vehicles, and other similar vehicles, to the extent the City
is authorized to regulate these devices under state law. “Electric micromobility vehicle” does not
mean motorized bicycles or mopeds as defined in California Vehicle Code Section 406, electric
motorcycles as defined in California Vehicle Code Section 400, or motor vehicles subject to
registration and motor vehicle insurance requirements. “Electric micromobility vehicle” does not
include any mobility devices operated by any disabled persons for mobility or similar uses.
10.08.103 Electrically motorized board.
“Electrically motorized board” means a wheeled device with a floorboard designed to be stood
upon when riding that is not greater than 60 inches deep and 18 inches wide, that is designed to
transport only one person, and that has an electric propulsion system averaging less than 1,000
watts, the maximum speed of which, when powered solely by a propulsion system on a paved level
surface, is no more than 20 miles per hour, but which may also be powered by human propulsion,
as further defined in California Vehicle Code Section 313.5.
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[Subsections 10.08.110 through 10.08.120 remain unchanged]
10.08.125 Low-speed vehicle.
“Low-speed vehicle” means a motor vehicle that has four wheels, can attain speeds between 20
miles per hour and 25 miles per hour on a paved level surface, and that has a gross vehicle weight
of less than 3,000 pounds, as further defined in California Vehicle Code Section 385.5(a). A “low-
speed vehicle” does not mean a golf cart as defined in California Vehicle Code Section 345.
10.08.126 Motorized scooter.
“Motorized scooter” means any two-wheeled device that has handlebars, has either a floorboard
that is designed to be stood upon when riding or a seat and footrests in place of the floorboard and
is powered by an electric motor, as further defined in California Vehicle Code Section 407.5(a).
[Sections 10.08.130 through 10.08.220 remain unchanged]
Section V. Chapter 10.73, “Electric Micromobility Vehicles” is hereby added to the Chula
Vista Municipal Code and shall read as follows:
10.73.010 Title.
This chapter is known as the “Electric Micromobility Vehicle Safety Ordinance,” may be cited as
such, and will be referred to herein as “this chapter.”
10.73.020 Purpose and intent.
The purpose of this chapter is to establish rules governing the use of electric micromobility
vehicles within the City. With such rules, the City desires to protect the health, safety, and welfare
of riders of electric micromobility vehicles and the general public as authorized by the California
Vehicle Code, including, but not limited to, California Vehicle Code Section 21214.7 (the San
Diego Electric Bicycle Safety Pilot Program).
10.73.030 Exemptions.
The following persons are exempted from the provisions of this chapter:
A. Disabled Persons. Disabled persons operating an electric micromobility vehicle or
other similar motorized or nonmotorized mobility assistance device for mobility or
similar purposes shall be fully exempt from the requirements and prohibitions in
this chapter.
B. Public Agency Personnel. Public agency personnel operating or riding an electric
micromobility vehicle or other similar motorized or nonmotorized mobility device
as part of and within the scope of their official duties are exempt from the
requirements and prohibitions in this chapter.
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10.73.040 Minimum ages to operate Class 1 or 2 electric bicycles.
A. No person under 12 years of age may operate or ride a Class 1 or Class 2 electric
bicycle within the City.
B. No person shall knowingly permit a person under 12 years of age to operate a Class
1 or Class 2 electric bicycle within the City.
C. This section, 10.73.040, shall remain in effect until January 1, 2029, and as of that
date is repealed unless otherwise extended by the City Council.
10.73.050 Restrictions for passengers on electric micromobility vehicles.
A. No operator under 18 years of age may transport any passengers on any electric
micromobility vehicle.
B. All persons operating an electric bicycle or riding as a passenger on an electric
bicycle shall ride on a permanent and regular seat attached to the electric bicycle,
or on a separate seat attached thereto, as required to comply with the requirements
of California Vehicle Code Section 21204.
10.73.060 Helmets required.
A. No person under 18 years of age may operate any electric micromobility vehicle
unless that person is wearing a properly fitted and fastened bicycle helmet, as
required by California Vehicle Code Sections 21212, 21213, and 21235.
B. All persons operating or riding a Class 3 electric bicycle must wear a properly fitted
and fastened bicycle helmet in accordance with California Vehicle Code Section
21213.
10.73.070 Safe operation of electric micromobility vehicles.
A. No person shall operate or use an electric micromobility vehicle at a speed greater
than is reasonable and prudent under the conditions then existing.
B. A person operating an electric micromobility vehicle upon a sidewalk shall exercise
due care under the circumstances and conditions then existing.
10.73.080 Operating electric micromobility vehicles: prohibitions and restrictions.
Except as provided in section 10.73.030 of this chapter, the following prohibition and restrictions
apply to using, riding, or operating electric micromobility vehicles within the City:
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A. No person shall use, ride, or operate any electric micromobility vehicle upon any
sidewalk within any business district as described by this code, nor upon a sidewalk
within the City containing signs posted by the City Engineer prohibiting such use,
riding, or operation.
B. No person shall use, ride, or operate a Class 3 electric bicycle upon any sidewalk
within the City.
C. No person shall use, ride, or operate a motorized scooter:
1. Upon a sidewalk.
2. Upon a roadway or highway or outside of a striped bicycle lane (Class II
facility) or separated bikeway (Class IV facility), where the posted speed
limit is 40 miles per hour or greater.
D. In accordance with Section 21235(b) of the California Vehicle Code, the City
hereby authorizes the use and operation of motorized scooters outside of a Class II
or Class IV bikeway on a highway with a speed limit of up to 35 miles per hour.
E. The 15 mile per hour maximum speed for the operation of a motorized scooter
specified in California Vehicle Code Section 22411 applies to the operation of a
motorized scooter on all highways, including bikeways, regardless of a higher
speed limit applicable to such highway.
F. A person operating an electric micromobility vehicle upon a sidewalk shall yield
the right-of-way to persons not operating such vehicles.
10.73.090 Operating electric micromobility vehicles in City-owned parking structures.
No person shall operate an electric micromobility vehicle in a City-owned parking structure,
except for the limited purpose of accessing parking or to travel through for the purpose of accessing
a destination.
10.73.100 Operating electric micromobility vehicles in parks and other City facilities.
Use of electric micromobility vehicles in parks and other City facilities shall comply with CVMC
Chapter 2.66.
10.73.110 Parking of electric micromobility vehicles.
A. The City Engineer is hereby authorized to designate and establish electric
micromobility vehicle parking spaces for use at such locations and during such
times as he or she may deem suitable and necessary.
B. When official signs or markings restricting parking to electric micromobility
vehicles are in place, no person shall park or stand any vehicle other than an electric
micromobility vehicle in such a space.
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C. Electric micromobility vehicles shall be parked upright. Electric micromobility
vehicles not parked in designated parking spaces shall be parked in hardscaped
areas and shall not be parked in areas that are landscaped with grass, shrubs, or
other vegetation or in any other position so as to impede travel by pedestrians.
D. It shall be unlawful to park an electric micromobility vehicle on sidewalks in the
following areas:
1. Within 10 feet of any curb ramp or driveway;
2. Within 15 feet of any marked or unmarked crosswalk;
3. Within 10 feet of a curb parallel to a bus stop, except in designated electric
micromobility vehicle parking spaces;
4. Within 10 feet of a marked and signed loading zone as defined in CVMC
section 10.08.120;
5. Within 10 feet of a marked and signed ADA-accessible parking space;
6. Within 5 feet of street furniture that requires pedestrian access, including,
but not limited to, benches, parking pay stations, and bus shelters;
7. Within 5 feet of permitted outdoor dining areas;
8. Within a transit platform or transit waiting area except at designated bicycle
parking spaces.
10.73.120 Violations – Penalties.
A. It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this chapter or any regulation adopted hereunder.
B. For the first 90 days after the effective date of this chapter, the punishment for a
violation of this chapter shall be a warning notice.
C. After the first 90 days after the effective date of this chapter, violations shall be
punishable as follows:
1. A violation of 10.73.040(a) shall be an infraction with a fine of $25.
a. A record of the action shall not be transmitted to the court and a fee
shall not be imposed upon a citation for this infraction if the parent
or legal guardian of the person who violated the prohibition delivers
proof to the issuing agency within 120 days after the citation was
issued that the person has completed an electric bicycle safety and
training program pursuant to Section 894 of the Streets and
Highways Code.
2. All other violations shall be punishable as an infraction with a fine of $50
for the first conviction and $100 for the second conviction. A maximum fine
of up to $250 may be imposed for each conviction thereafter.
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D. If an unemancipated minor violates this chapter, 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.
E. Any person cited and convicted of three or more infractions of this chapter may be
barred from the use of electric micromobility vehicles in City-owned parking
structures, lots, parks, or other City facilities.
F. The City shall have the authority to seize and confiscate any electric micromobility
vehicle operated in violation of these provisions if the owner is not present or
cannot be present in a reasonable amount of time. The owner will be responsible
for payment of any associated storage fees prior to release of such vehicle.
G. The City shall have the authority to take and impound electric micromobility
vehicles of persons found violating this chapter, and to hold the same for a period
not to exceed 30 days.
1. In the event that a minor is found violating any provision of this chapter, the
City shall have the authority to take and impound the electric micromobility
vehicle of such minor. During the 30 day impound period, the City shall
notify the parent(s) or guardian(s) or other person(s) having the custody and
control of the minor of such offense, and secure, if possible, the cooperation
and assistance of such parent(s) or guardian(s) or other person(s) having the
custody and control of the minor, in preventing the recurrence of such
offense by such minor.
10.73.130 Effective date.
This chapter shall take effect and be in force on September 4, 2025.
Section VI. Severability.
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista hereby
declares that it would have adopted each section, sentence, clause or phrase of this Ordinance,
irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the
Ordinance be declared invalid, unenforceable, or unconstitutional.
Section VII. Construction.
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in
light of that intent.
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Section VIII. Effective Date.
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Tiffany Allen Marco A. Verdugo
Assistant City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of August 2025, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3597 had its first reading at a regular meeting held on the 22nd day of July 2025,
and its second reading and adoption at a regular meeting of said City Council held on the 5th day
of August 2025 and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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