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Home My WebLink AboutOrdinance No. 2025-04 - Ordinance Banning E-Bikes and E-Scooters from Sidewalks & Parks (2025)-c1ORDINANCE NO.2025-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING SECTION 46-321 AND 50-2 OF THE AZUSA MUNICIPAL CODE TO PROHIBIT THE USE OF E-BIKES AND MOTORIZED SCOOTERS IN PARKS, SIDEWALKS AND CITY RECREATIONAL AND GOVERNMENTAL FACILITIES NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The City Council of the City of Azusa hereby finds and declares as follows: A. Electric bicycles and motorized scooters can create public safety hazards when used in areas with pedestrian activity. B. For the purpose of assuring the safety of pedestrians, including seniors, children, persons with disabilities, and others using parks and sidewalks, it is necessary to prohibit the operation of Class 1, Class 2, and Class 3 electric bicycles, as defined by California Vehicle Code (CVC) Section 312.5, and motorized scooters, as defined by CVC Section 407.5, on City sidewalks, at all times; and C. CVC Section 21235(g) explicitly prohibits the use of motorized scooters on all sidewalks; and D. CVC Section 21206 establishes that bicycle use on sidewalks is to be regulated by local ordinance; and E. The increasing use of E-Bikes and motorized scooters on City sidewalks, parks and other recreational facilities have created conflicts with vehicular traffic and endanger public safety necessitating amended regulations to protect the public health, safety and welfare; and F. The City Council of the City of Azusa has determined that the increase in the use of E-Bikes and bicycles on City sidewalks and public parks create significant public safety hazards and require reasonable regulation to assure the safety of bicyclists and pedestrians in the City. SECTION 2: Environmental Review. The City Council finds and determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq. ("CEQA")) pursuant to CEQA Guidelines Section 15301 because it involves no expansion of use of existing facilities and for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3), and (3) the ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). SECTION 3: Section 46-321 of the Azusa Municipal Code is hereby amended to read as follows: "Sec. 46-321 Use of Motorized Bicycles & Scooters in Parks, Sidewalks- Prohibited A. Definitions. For the purposes of this chapter, the following words, terms, phrases and their derivations shall have the meanings given in this section. The word "shall" is always mandatory and not merely advisory. 1. "Bicycle" means the same as defined in Vehicle Code Section 231, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "bicycle" is a device upon which a person may ride, propelled exclusively by human power, except as provided in Vehicle Code Section 312.5, through a belt, chain, or gears, and having one or more wheels. A person riding a bicycle is subject to the provisions of the Vehicle Code specified in Sections 21200 and 21200.5. An electric bicycle is a bicycle. 2. "Electric bicycle" or "e-bike" means the same as defined in Vehicle Code Section 312.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that an "electric bicycle" is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. It includes Class 1, Class 2, and Class 3 electric bicycles as defined in Vehicle Code Section 312.5. 3. "Motorized scooter" means the same as defined in Vehicle Code Section 407.5, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that a "motorized scooter" is 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 or other motor. This device may also be designed to be powered by human propulsion. For purposes of this section, a motorcycle, as defined in Vehicle Code Section 400, a motor -driven cycle, as defined in Vehicle Code Section 405, or a motorized bicycle or moped, as defined in Vehicle Code Section 406, is not a motorized scooter. 4. "Other Power -Driven Mobility Device" or "OPDMD" means any mobility device powered by batteries, fuel, or other engines whether or not designed primarily for use by individuals with mobility disabilities that is used by individuals with mobility disabilities for the purpose of locomotion. This includes, but is not limited to, electric assisted bikes (EABs), motorcycles, golf carts, electronic personal assistance mobility devices (EPAMDs), such as the Segway PT, or any mobility device designed to operate in areas without defined pedestrian routes, but that is not a Wheelchair within the meaning of this section. 5. "Park or City recreational facility or governmental public facility" means any City -owned or leased park or City recreational facility or governmental public facility, including but not limited to ball fields, skate parks, dog parks, parking lots and structures, gathering plazas and pedestrian walkways providing access to public buildings and facilities. 6. "Sidewalk" means the same as defined in Vehicle Code Section 555, as may be amended or superseded, and which, as of the date of the adoption of this section, provides that "sidewalk" shall mean that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. 7. "Wheelchair" shall mean a manually operated or power -driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or of both indoor and outdoor locomotion. B. Prohibited Activity. It shall be unlawful for any person to ride or cause to be operated a bicycle, electric bicycle or motorized scooter on a park, sidewalk or City recreational or governmental public facility within the City of Azusa. This prohibition does not apply to the use of Wheelchairs and OPDMDs as defined by the federal Americans with Disabilities Act ("ADA") for use by individuals with mobility disabilities. Bicycles, excluding electric bicycles and motorized scooters, shall be permitted in parks and City recreational or governmental public facilities only in areas authorized by appropriate signs. Bicycles on sidewalks, excluding electric bicycles and motorized scooters, shall be permitted only in compliance with Sec. 74-83 of this Code. C. Penalties. Any violation of this section is deemed an infraction, punishable as provided in Chapter 1-10 or Chapter 1-24 of this code." SECTION 4. Section 50-2 of the Azusa Municipal Code is hereby repealed. SECTION S.The City Manager or designee are hereby authorized to post signs informing of the prohibitions in this Ordinance. SECTION 6. Interpretation. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 7. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 9. Certification. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Azusa' book of original Ordinances, and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. Effective Date. This Ordinance will become effective 30 days following its passage and adoption. PASSED, APPROVED, and ADOPTED this 21' day of July 2025. RAA Gonzales Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2025-04 was duly introduced and placed upon its first reading at a regular meeting of the City Council of the City of Azusa held on the 16' day of June 2025, and that thereafter, said ordinance was duly adopted and passed at a regular meeting on the 2l' day of July 2025, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, BOW NOES: COUNCILMEMBERS: MENDEZ ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: A/k-. Best, Best & Krieger, LLP City Attorney