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Home My WebLink AboutORD 05-25 REPEALING AND REPLACING CHAPTER 10.10 OF THE OMC PERTAINING TO BICYCLESORDINANCE NO. 05-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING AND REPLACING CHAPTER 10.10 OF THE ORANGE MUNICIPAL CODE PERTAINING TO BICYCLES. II NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS: SECTION I: Chapter 10.10 is hereby repealed and replaced in its entirety as follows: Chapter 10.10 BICYCLES ORDINANCE Sections: 10.10.010—Defmitions. 10.10.020—Repairs and Sales of Bicycles and Bicycle Parts on Public Property. 10.10.030—Bicycle Lanes and Trails Established. 10.10.040—Bicycle Lane and Trails Speed Limit Established. 10.10.050—Bicycle and Electric Bicycle Registration Optional. 10.10.060—Registration Fees. 10.10.070—Riding in an Unsafe Manner. 10.10.080—Riding on Bicycle Lane or Trails. 10.10.090—Riding on Sidewalks. 10.10.100—Improper Parking on Bicycle Lanes. 10.10.110—Enforcement. 10.10.010—Definitions. For purposes of this chapter, the following definitions shall apply: Bicycle" means a device propelled exclusively by human power through pedals, having one or more wheels, and designed to transport a person or persons. Electric Bicycle" (E-Bike) means a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts(1 horsepower), classified as follows: Class 1 E-Bike: Pedal-assist with assistance ceasing at 20 mph. Class 2 E-Bike: Throttle-powered with assistance ceasing at 20 mph. Class 3 E-Bike: Pedal-assist with assistance ceasing at 28 mph, with a speedometer required. If a conveyance does not fall within the above listed categories,it is no longer considered an electric bicycle and may not be permitted on the roadway without proper licensing and vehicle registration requirements. It is unlawful to modify or tamper with electric bicycles in a way that changes the speed capability, unless the rider also changes the bicycle's classification under the California Vehicle Code. Bicycle Lane" means a portion of a roadway designated for bicycles and e-bikes, marked by signage and striping. Bicycle Trail"means a separate pathway for bicycles and other non-motorized traffic. Sidewalk"means a portion of a street intended for pedestrian use. Business District" means an area primarily used for commercial purposes as defined in the California Vehicle Code. Unsafe Manner" means any act or acts in violation of the Orange Municipal Code, California Vehicle Code, or other existing law. An "unsafe manner" can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other rider, or pedestrians in the area. 10.10.020—Repairs and Sales of Bicycles and Bicycle Parts on Public Property. No person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute, store, or possess the following items on any street, sidewalk, alley, or public property: A. A bicycle frame with the gear cables or brake cables cut; B. Three (3) or more bicycles and/or bicycle frames, with or without missing parts (the term parts" shall mean handles,handlebars, wheels,forks, pedals, cranks, seats, or chains); or C. Five(5) or more bicycle parts that are not attached to a bicycle. This prohibition shall not apply when: A. An individual is operating under a valid City of Orange license or permit authorizing such activities; or B. The owner of a bicycle or bicycle part is present during the repair of their single bicycle or bicycle part. Supporting evidence for a claim of lawful ownership may include, but is not limited to, video or photographic evidence, a bill of sale, the correct serial number, bicycle registration, or bicycle license. 10.10.030 —Bicycle Lanes and Trails Established. The Public Works Department shall erect and maintain appropriate signs and markings to establish and maintain bicycle lanes, trails, and shared-use paths within the City in accordance with California Vehicle Code Sections 21207 and 21207.5. 2 10.10.040—Bicycle Lane and Trails Speed Limit Established. The speed limit on bicycle lanes, trails, and shared-use paths within the City, as specified by California Vehicle Code Sections 21207 and 21207.5, is set at 20 mph. 10.10.050—Bicycle and Electric Bicycle Registration Optional. No person shall be required to register or license a bicycle or electric bicycle to operate it on public streets, sidewalks, alleys, bicycle lanes, trails, or other public property. The City may offer a voluntary registration program to assist in recovery in case of theft. 10.10.060— Registration Fees. Any fees for optional registration shall be set by City Council resolution. 10.10.070—Riding in an Unsafe Manner No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on a public roadway, highway, sidewalk, park, off-street parking facility, or private property open to the public. Prohibited behaviors include,but are not limited to,the following actions: 1. Riding on a sidewalk without due caution for pedestrians. 2. Riding on a sidewalk,bicycle path, or bicycle lane against the flow of traffic. 3. Not yielding 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 e-bikes not designed for multiple riders. 6. Disobeying posted traffic signs or signals. 7. Riding without a properly fitted and fastened helmet when under the age of 18. 8. Intentionally lifting one or more wheels into the air while riding. 9. Riding on a bicycle path, bicycle lane, trail, or sidewalk 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 bicycle path or trail in City parks. 3 11. Holding and operating a handheld wireless telephone or an electronic wireless communications device. 10.10.080—Riding on Bicycle Lane or Trails. No Class 3 electric bicycle shall be operated on a bicycle path or trail, bikeway, bicycle lane, equestrian trail, or hiking or recreational trail. 10.10.090—Riding on Sidewalks. A. Riding bicycles or e-bikes on sidewalks is prohibited in business districts unless explicitly allowed by signage. B. Where sidewalk riding is permitted, operators must: 1. Yield to pedestrians and exercise due care. 2. Provide an audible signal before overtaking and passing pedestrians. 3. Operate at a maximum speed of 10 mph and reduce speed to 5 mph when pedestrians are present. 10.10.100—Improper Parking on Bicycle Lanes. No operator of a motor vehicle shall park on,along,over,onto or upon,an established and officially designated bicycle lane between the hours of 7:00 am to 9:00 am and 2:00 pm to 4:00 pm, except Holidays, Saturday and Sunday, as permitted by State law, where necessary to park where permitted, to enter or leave the roadway, or to prepare for a turn that is less than 200 feet from an intersection. 10.10.110—Enforcement. Nothing in this Chapter shall limit the City from pursuing administrative,civil,or criminal citations or to abate public nuisances or violations of this Chapter in accordance with 1.08 and 1.10 of the Orange Municipal Code. SECTION II: If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one(or more) section,subdivision,paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. 4 SECTION III: The City Clerk is hereby directed to certify the adoption of this Ordinance and cause the same to be published as required by law. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 25th day of March, 2025. el R. Slater, Mayor, City of Orange T: Pamela Coleman, City Clerk, City of Orange APPROVED AS TO FORM: Wayne W. Winthers, Interim City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 11 th day of March, 2025, and thereafter at the regular meeting of said City Council duly held on the 25th day of March, 2025 was duly passed and adopted by the following vote,to wit: AYES: COUNCILMEMBERS: Bilodeau, Barrios,Tavoularis, Gutierrez Gyllenhammer, Slater NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERSitru Pamela Coleman, City Clerk, City of ange 5