TO: Honorable Mayor and Members of the City Council
THRU: Tom Kisela, City Manager
FROM: Dan Adams, Interim Chief of Police
1. Subject
title
Introduction and First Reading of an Ordinance of the City of Orange repealing and replacing Chapter 10.10 of the Orange Municipal Code pertaining to bicycles. Ordinance No. 05-25.
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2. Summary
Proposed Ordinance No. 05-25 amends and restates Orange Municipal Code chapters referencing bicycles and establishing regulations of electric bicycles and other motorized conveyances.
3. Recommended Action
recommendation
Introduce and conduct First Reading of Ordinance 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.
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4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 1: Maintain Strong Emergency and Safety Services
Objective1.5: Develop plans, policies, and procedures consistent with national standards
6. Discussion and Background
The Orange County Grand Jury (OCGJ) is a civil grand jury made up of Orange County residents empaneled by the Superior Court of California. The OCGJ routinely conducts investigations related to the operations of the County of Orange. On June 20, 2024, the OCGJ issued a report titled, “E-Bikes: Friend or Foe”. The OCGJ report includes three findings and recommendations for the City of Orange. The Findings (F1-F3) and Recommendations (R1-R3) are as follows:
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F1. |
The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes leading to confusion. |
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R1. |
Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024. |
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F2. |
Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now. |
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R2. |
Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024. |
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F3. |
Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders. |
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R3. |
Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024. |
In response to findings two and three, the Orange Police Department currently reports accidents, injuries, and deaths through the state-controlled system maintained by the California Highway Patrol, utilizing CHP Form 555. Additionally, the Orange Police Department partnered with the Orange Unified School District to implement E-bike training prior to the start of the 2024 school year. Moving forward, semi-annual E-bike training will be conducted through the Citizens’ Academy Program.
To address policy issues identified in finding one, updates to the City of Orange Municipal Code (OMC) are necessary.
The city has seen an increase in various classes and types of electric bicycles “E-bikes” and other motorized conveyances. Often the models of E-bikes and different motorized conveyances do not fit into certain categories defined by existing law and municipal codes. E-bikes have developed beyond the existing definitions, such that current laws can no longer be enforced and there are conflicting opinions on types and classes. This makes enforcement particularly difficult due to the fact laws regulating the operation of different motorized conveyances vary.
A review of the City’s current OMC identified outdated provisions related to bicycle enforcement, licensing, and classification. To ensure compliance with the OCGJ’s recommendations and improve regulatory clarity, the Orange Police Department worked with the City Attorney’s office to propose revisions to the OMC. The proposed Ordinance establishes clear definitions, classifications, and guidelines for bicycles, E-bikes, and motorized conveyances.
Key updates in the proposed Ordinance include clarified regulations, safety standards, designated routes, parking regulations, and enforcement procedures. The revisions would eliminate outdated language, and more importantly would consolidate the unsafe actions of riders into one clear section that encompasses all classes and types of bicycles, E-bikes, and motorized conveyances.
7. ATTACHMENTS
• Ordinance No. 05-25
• OMC Chapter 10.10 to be repealed