MEETING DATE:
October 28, 2025
SUBJECT:
Title
RESOLUTION NOS. 2025-9508 & 2025-9509 AND ORDINANCE NO. 2025-1567 - ENHANCED E-BIKE SAFETY EDUCATION AND ENFORCEMENT ACTIVITIES, INCLUDING PROHIBITING PERSONS UNDER AGE 12 FROM OPERATING CLASS 1 AND CLASS 2 E-BIKES
Body
Recommendation
Recommendation
1. ADOPT Resolution 2025-9508, prohibiting persons under age 12 from operating electric bicycles;
2. ADOPT Resolution 2025-9509, authorizing an amendment to the Fiscal Year 2025-26 Operations Budget to appropriate funding for enhanced e-bike education and enforcement activities;
3. INTRODUCE Ordinance 2025-1567, amending San Marcos Municipal Code Chapter 12.25 to codify the prohibition against persons under age 12 operating a Class 1 or Class 2 electric bicycle.
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Board or Commission Action
Not Applicable
Introduction
In recent years, electric bicycle (e-bike) safety has become a growing community concern in San Marcos, especially the safety of young riders. Given that San Marcos is a community with many young families, the City Council has taken a leadership role to increase safety, raise awareness of the rules of the road and step up enforcement. In 2024, the City Council passed an ordinance specific to e-bike safety and partnered with the San Marcos Unified School District to create an e-bike permit and safety training program at local middle and high schools.
Despite these efforts, many young e-bike riders continue to engage in dangerous behaviors, putting themselves and others at risk.
San Marcos Municipal Code section 2.12.040 (a) allows two City Council members or the Mayor to put an item on the City Council agenda for consideration and action. Under this provision, Mayor Rebecca Jones and City Council Member Danielle LeBlang have requested that the City Council consider several new actions to address concerns about e-bike safety in San Marcos consisting of the following:
1. Pass a resolution and an ordinance prohibiting those under 12 years of age from operating e-bikes in San Marcos.
2. Increase enforcement and enforcement-related education to reduce reckless behavior by young e-bike riders.
3. Increase awareness of a City law passed in 2024 prohibiting e-bikes on sidewalks in business districts.
4. Enhance education and safety training.
These new efforts would complement e-bike safety initiatives approved by the City Council as part of its annual goal setting process in February of 2025:
1. Partner with San Marcos Unified School District to expand its e-bike permit program that launched last year. This has been completed - the district has expanded its e-bike permit program to all high schools and middle schools.
2. Explore opportunities to make more e-bike safety training available to San Marcos residents.
Discussion
In recent years, the growing popularity of e-bikes has raised community concerns, especially related to the safety of young riders. These concerns include: riders not wearing helmets (which are required for those under 18); riding on sidewalks; reckless speeds, maneuvers, and behaviors; inattention; and carrying too many passengers or passengers on e-bikes not designed for passengers.
The California Vehicle Code (CVC) defines an e-bike as a “a bicycle equipped with fully operable pedals and an electric motor that does not exceed 750 watts of power,” with three different classes (1, 2, and 3), based on the type of assist offered and the bike’s maximum speed. (CVC section 312.5.) The Vehicle Code already prohibits those under 16 from operating a Class 3 e-bike. [CVC 21213(a).] It does not impose an age restriction on operators of Class 1 or Class 2 e-bikes. Persons operating e-bikes are subject to many of the same rules of the road as cars. Yet, because e-bikes that reach up to 20 mph have no minimum age requirement, many children are operating e-bikes without having had the benefit of drivers’ education, which typically starts at 15 and a half years of age.
The Vehicle Code generally authorizes cities to regulate the registration of bicycles and the parking and operation of bicycles on pedestrian or bicycle facilities, establish bicycle lanes, and prohibit electric bikes on local trails, so long as the regulations do not conflict with the Vehicle Code. (VC sections 21206-21207.5.)
In addition, the state recently enacted a pilot program for the County of San Diego, and its cities, authorizing them to adopt ordinances or resolutions limiting operator age to 12 years and older for class 1 and class 2 e-bikes. This is known as the “San Diego Electric Bicycle Safety Pilot Program” and is discussed in more detail below.
Existing San Marcos ordinance
On July 9, 2024, the San Marcos City Council adopted an ordinance regulating the use of e-bikes. That ordinance is codified at SMMC 12.25 and prohibits, among other things:
• Carrying a person, or being carried on, a bicycle or e-bike in a way other than in a manner for which the bike is designed;
• Riding of bicycles or e-bikes on sidewalks within business districts, where signs are posted prohibiting riding on sidewalks, and on streets with bicycle paths; and
• Using wireless telephones while riding a bicycle or e-bike unless it is configured for hands-free operation.
The ordinance allows first time offenders to avoid paying the citation fee at the issuing agency’s discretion if they complete a bicycle safety program approved by the issuing agency, if such a program is available. Deputies can address operator inexperience and lack of awareness more directly and efficiently through this approach than the traditional path of a direct citation triggering the California Vehicle Code (CVC) citation process and requiring traffic court. It also provides the opportunity for bicycle riders to become more educated about best practices through the diversion to safety programs.
San Marcos E-bike collision data: Jan. 1, 2024, to Sept. 25, 2025
According to data collected by the San Marcos Sheriff between Jan. 1, 2024, and Sept. 25, 2025, the average number of e-bike collisions a month in San Marcos has gone down 11% between 2024 (2.67 a month) and year to date in 2025 (2.38 a month).
However, taken as a group, minors, including those under 12, accounted for nearly two-thirds of e-bike collisions in San Marcos during this same timeframe
About 11% of e-bike collisions in San Marcos resulted in a serious injury.
Compared to pedal bikes, e-bikes account for a significantly higher percentage of injury collisions in San Marcos.
Other Local Jurisdictions
On September 8, 2025, the San Diego Police Department and County Sheriff’s Office announced there had been a growing number of children riding e-bikes on local streets. They reported that there had been 82 e-bike crashes in the County over the past year, with 78 resulting in injuries, and most of them involving children 11 to 17 years of age.
In addition, in August 2022 the City of Carlsbad issued a proclamation declaring a state of emergency due to an increase in accidents involving e-bikes and bicycles. In May 2023, another north county city, Encinitas, followed suit after a teenager lost his life in an e-bike collision with a motorized vehicle. According to Encinitas’s proclamation, the number of local collisions involving bicycles or e-bikes has nearly tripled since 2020. As discussed in more detail below, within the past year, the cities of Coronado, Chula Vista, and Poway have adopted ordinances prohibiting e-bike operators under 12 years of age. Carlsbad has taken preliminary steps to consider doing the same. Adopting such a prohibition is consistent with Consumer Product Safety Commission recommendation that children under the age of 12 should not operate motorized vehicles capable of going faster than 10 miles per hour.
San Diego County Pilot Program
On Jan. 1, 2025, a new California law, AB 2234 (Boerner, 2024), went into effect that allows cities in San Diego County to prohibit the operation of e-bikes by those under 12 years of age. (A copy of the legislation, codified as VC section 21214.7, is provided as Attachment D to this report.) The San Diego Electric Bicycle Safety Pilot Program authorizes a local authority within the County of San Diego, or the County of San Diego in unincorporated areas, to adopt an ordinance or resolution that would prohibit a person under 12 years of age from operating a class 1 or class 2 electric bicycle. Class 3 e-bikes already require riders to be 16 or older. The program sunsets on January 1, 2029.
|
Existing Vehicle Code Requirements and Types of e-bikes E-bike classes are based on bike features: |
|
|
Class |
Description |
Max Speed |
Minimum Age |
Helmet Required |
|
1 |
Pedal-Assisted Electric Bicycle |
20 mph |
No minimum age limit |
<18 years only |
|
2 |
Throttle-Assisted Electric Bicycle |
20 mph |
No minimum age limit |
<18 years only |
|
3 |
Pedal-Assisted Electric Bicycle |
28 mph |
16 years |
All ages |
How it works
Optional ban: Each city may pass its own ordinance or resolution to prohibit children under 12 from riding Class 1 or 2 e-bikes.
Grace period + fines: Punishment of violators are limited to a warning for at least the first 60 days after the effective date of a City’s legislation. After that, a $25 fine may be imposed.
Education requirement: Cities must run a 30-day public information campaign before the enactment of the ordinance or resolution.
Parental liability: Parents or guardians are legally responsible for their child’s unpaid fines.
Law enforcement reporting: The County is required to track and report the following information to the state by January 1, 2028:
• Number of traffic stops for violations.
• Outcomes (warnings, citations, property seizures, arrests).
• Actions taken by officers during traffic stops, including:
o Consent searches - Whether the officer asked for consent and if it was granted.
o Searches conducted - Basis for the search and any contraband or evidence found.
o Property seizures - Type of property seized and reason for confiscation.
o Demographic details (race, gender, approximate age) based on officer perception.
o Instances where a child was stopped but found to be over 12.
o Crash data involving children under 12 before and after the ordinance.
o Number of violators who opted for training instead of paying the fine.
Pilot program participants to date
As of October 21, 2025, Coronado, Chula Vista, and Poway have adopted local ordinances banning riders under 12 from riding Class 1 or Class 2 e-bikes, in accordance with AB 2234.
Chula Vista’s ordinance also includes a restriction on riders under 18 years of age carrying passengers. While this provision is unique to its ordinance, it addresses an area already extensively regulated under the California Vehicle Code. Additionally, Chula Vista prohibits the operation of electric micromobility vehicles on sidewalks in all business districts and in areas where posted restrictions are in effect.
Carlsbad is currently considering a similar ordinance but has not yet scheduled the item to come before its City Council.
Public awareness campaign
The pilot program requires that a public awareness campaign be conducted for 30 days prior to enactment. City staff has commenced its e-bike safety campaign. If the City Council adopts the resolution and/or ordinance, staff will work with the San Marcos Unified School District and the San Diego Sherrif to promote awareness of the new legislation and e-bike safety generally. This would include social media, emails and newsletters to parents, media outreach, including to major media outlets, press releases, and informational materials. Approximately $10,752 in staff time would be needed to cover these enhanced communication efforts and would not require additional appropriation as funding would be from the existing fiscal year 2025-26 General Fund Operations budget.
“Ride Right Pop Ups”
In addition to the ongoing public education, staff recommend partnering with San Marcos Unified School District, School Resource Officers, and Parent-Teacher Organization volunteers to stage after school “Ride Right Pop Up” events.
Concept
“Ride Right Pop-Ups” are short, visible, after-school safety reminders held randomly at different San Marcos Unified School District campuses. These events will catch students’ attention at the end of the school day when they are about to leave campus on their e-bikes, have a friendly and positive tone, while sending the message that e-bike safety is a shared responsibility.
How it works
Events will rotate among schools during the year, with School Resource Officers, school officials, and Parent-Teacher Organization volunteers to offer quick, positive reminders and a tips card covering helmet fit, no passengers on e-bikes, obeying traffic laws, and staying alert and distraction-free while riding.
Following each event, the principal will send a short note to parents thanking them for their partnership and reinforcing safety tips. This keeps parents engaged in a positive, solutions-oriented way. The same safety messages will be shared City-wide through social media, newsletters, and community events.
Benefits
These short, highly visible events will help maintain a focus on e-bike safety throughout the year while emphasizing the importance of shared responsibility.
Enhanced enforcement
Should the City Council decide to adopt the resolution and/or ordinance prohibiting riders under 12 for Class 1 and Class 2 e-bikes, staff recommend appropriating $25,000 additional funding from Measure Q to allow for enhanced enforcement, education and data collection conducted by the San Marcos Sheriff. This will allow the Sheriff to authorize deputy overtime for more e-bike enforcement while maintaining focus on other critical safety needs in the City.
E-bike safety training
The San Marcos Sheriff has provided e-bike safety training to local middle and high school students and their parents. To complement this training, the City could partner with a local mobility organization with certified safe cycling instructors to make additional training opportunities available. This could include hands-on, half-day training with part classroom and part on the road instruction, and bike rodeo events held at local parks and schools. Staff recommend $16,500 additional funding from the general fund.
Signs on sidewalks
Although riding an e-bike on sidewalks in business districts is already prohibited in San Marcos, staff recommends installing signs at prominent locations to raise awareness of the City’s code and facilitate enforcement. Staff is requesting $20,500 from the general fund for the production and installation of signs prohibiting e-bikes on sidewalks in business districts.
Additionally, staff is requesting $15,000 from the general fund for outreach and education materials, this includes safety cards, posters and banners with QR codes.
Next Steps
Increased enforcement: The Sheriff is prepared to immediately increase enforcement of existing e-bike regulations. When conducting traffic stops, deputies will have information about the upcoming change in age requirements to provide to riders.
Appropriations Resolution: With respect to how the related enforcement costs will be met, Staff is requesting $20,500 from the general fund for the production and installation of signs prohibiting e-bikes on sidewalks in business districts.
Resolution Prohibiting E-Bike Operation By Those Under 12: If the City Council adopts the resolution, it will take effect immediately. Staff will complete the thirty-day information campaign. Once that is completed, enforcement may begin, but is limited by the legislation to the issuance of warnings for the first 60 days, pursuant to AB 2246. Public education would continue during this time. This would be led by Sheriff deputies as they provide warnings and information to e-bike riders not following the rules of the road. Pursuant to the proposed resolution, fines may be issued for violations of the resolution beginning February 1, 2026.
Ordinance: If introduction of the ordinance is approved, it will come back to the City Council for second reading (adoption). If adopted, it will become effective thirty days thereafter. This will serve to codify the new prohibition by amending SMMC Chapter 12.25. It is important to note that the time period associated with the effective date of the ordinance affects only the codification, and not the prohibition itself. If the above-described resolution is adopted, the prohibition will become immediately effective upon completion of the informational campaign. Enforcement limitations and timelines will be the same as described above for the resolution.
Ride Right Pop Up kick off: Staff will work with the school district to plan a kick-off event prior to the Thanksgiving holiday, providing important reminders before a time when more people will be on local roads, including e-bike riders.
No e-bikes on sidewalks: Staff will produce and install signs in City commercial locations to be determined by the City’s traffic engineer based on foot traffic and other factors. These signs would be in place before the Thanksgiving school holiday.
Enhanced community training: Staff will work with local mobility organizations to design e-bike safety classes that complement the training already provided by the Sheriff. This training can be kicked up during the winter holidays, with an emphasis on families who got new e-bikes for Christmas and other celebrations.
Ongoing education: Working with the school district, Sheriff, mobility organizations and parent-teacher organizations, the City will lead an education campaign to keep this important issue top of mind in San Marcos.
Environmental Review
The proposed action does not constitute a “project” as defined under Section 15378 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Sections 15000 - 15387) and is therefore not subject to environmental review pursuant to Guidelines Section 15060(c)(3).
Fiscal Impact
These enhanced e-bike education and enforcement activities can be completed through a combination of funding through the end of fiscal year 2025-26. The Fiscal Year 2025-26 Operations Budget would be amended to appropriate $77,000 from the general fund.
Attachments
Attachment A: Ordinance Amending San Marcos Municipal Code Chapter 12.25 to Prohibit Persons Under Age 12 from Operating Class 1 and Class 2 Electric Bicycles
Attachment B: Resolution Prohibiting the Operation of Class 1 and 2 E-bikes by Riders Under 12
Attachment C: Resolution Appropriating Funds
Attachment D: AB2234 (2024, Boerner) Text
Prepared by: Michael Lieberman, Legislative Affairs Analyst
Reviewed by: Kristina Ray, Director of LEAN
Approved by: Michelle Bender, City Manager