Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Jackie Speier, District 1
Supervisor Ray Mueller, District 3
Subject: Adoption of an ordinance related to “Electric Micromobility Devices”
RECOMMENDATION:
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Adopt Ayden’s Ordinance, amending Chapter 7.80 of the San Mateo County Ordinance Code to add provisions related to “Electric Micromobility Devices”, previously introduced on August 11, 2026, and waive the reading of the ordinance in its entirety.
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BACKGROUND:
The increasing popularity and affordability of electrically powered micromobility devices, such as e-bikes, e-scooters, e-motorcycles, and similar vehicles, has resulted in increasing numbers of accidents and injuries to riders and pedestrians. Many such incidents are due to unsafe operation including excessive speed, excessive power, and violations of law. The Board held a Study Session on May 5, 2026, and heard information from multiple experts and stakeholders, including: San Mateo County’s Public Health Officer Dr. Kismet Baldwin-Santana, the Sheriff’s Office, the County Attorney’s Office, the District Attorney’s Office, Dr. John Maa (trauma surgeon), Dr. Blake Taylor (neurosurgeon), Dr. Sunil Bhopale (emergency medicine), Bob Mittelstaedt (e-bike advocate), Mike Swire (bicycle and safe-streets advocate), and Johan Sijp (high school student). The Board previously considered the first version of an ordinance related to “electronic conveyance devices” on March 10, 2026.
California Vehicle Code Section 312.5 defines “Electric Bicycles” with a three-class system depending on product features and speeds. Other electric motor devices that are regulated by the Vehicle Code include “Electric Skateboards” (referred to in Vehicle Code Section 313.5 as “Electrically Motorized Board[s]”), Motorized Bicycles (Vehicle Code Section 406), and Motorized Scooters (Vehicle Code Section 407.5). In some cases, devices appear to be Electric Bicycles, but, because they don’t fit the State law definition of an “Electric Bicycle” or any other vehicle authorized to use public roads, their use is unlawful in public places.
DISCUSSION:
During the May 5, 2026 Study Session, the Board heard information confirming that, despite substantial and ongoing community education and outreach concerning the safe use of e-micromobility devices, injuries and deaths from related accidents are increasing. The weight and speed of the devices, where the force of a collision increases significantly with higher mass and velocity, result in injuries that are more severe than those from manual pedal bicycles. The County’s Public Health Officer shared that at San Mateo County facilities, e-bike related emergency department visits increased the most among 10-to-19-year-olds and that, since 2021, e-bike related emergency department visits increased at a faster rate than bike-related visits. The County has received many requests from cities in San Mateo County for a model ordinance to address safety concerns and enforce violations.
Existing State law contains multiple provisions related to electric bicycles and similar devices, and the proposed ordinance, which the Board of Supervisors declared will be known as “Ayden’s Ordinance,” in memory of Ayden Fang, who was tragically killed in an accident involving an e-bike, affirms the county’s commitment to enforcing those laws. In addition, the ordinance proposes new local rules to address gaps in State law, to include regulation of unsafe operation of these devices. Ayden’s Ordinance provides for enforcement of local regulations, including administrative fines, an education program for minors in lieu of fine, and impoundment.
The Ordinance Highlights Existing State Law
The ordinance identifies existing California Vehicle Code requirements for E-Micromobility Devices and clarifies that the Sheriff’s Office enforces these State laws, including, but not limited to the following:
• Electric Bicycles are subject to the “rules of the road” and must obey all traffic laws, including riding with the flow of traffic, yielding to vehicles and pedestrians in the right-of-way or bicycle lane when required by law, and riding on the right-hand edge of the roadway except in specified circumstances;
• Electric Bicycles must have lights and reflectors and adequate brakes;
• All operators or riders under the age of 18 must wear a legally sufficient helmet;
• Electric Bicycles must be operated at a safe speed, without engaging in speed contests or an exhibition of speed, and cannot be operated with willful or wanton disregard for the safety of people or property; and
• Operation of electrically powered motor vehicles on public roads requires DMV registration and plates, unless the vehicle is exempt from that requirement under State law (i.e., the vehicle fits the State law definition of an Electric Bicycle, Motorized Scooter, Electric Skateboard, etc.).
The Ordinance Sets Forth Local Regulations to Address Gaps in State Law
The ordinance sets forth new local regulations for “E-Micromobility Devices,” defined to include all legal Electric Bicycles, Electric Skateboards, Motorized Bicycles, and Motorized Scooters, and it addresses “Illegal Motorcycles,” defined as devices that are not street legal or that require DMV registration as a motorcycle, in these specific areas:
• First, the ordinance prohibits operating any E-Micromobility Device or Illegal Motorcycle in an unsafe manner, such as a manner that is a danger to the operator, a passenger, other motorists, other riders, pedestrians, or property under the existing circumstances. Examples include carrying a passenger when the E-Micromobility Device or Illegal Motorcycle is not designed to carry passengers, carrying an item (such as a mobile phone) that prevents full control or visibility or interferes with operation, and operation that poses a danger of serious bodily injury or death, such as acrobatics, tricks, wheelies, or stunts.
• Second, the ordinance provides that, where riding an E-Micromobility Device on sidewalks is not otherwise prohibited, operators must take specified safety precautions and limit speeds to 5 miles per hour, reducing to walking speed or dismounting when overtaking others or when close enough to create a hazard.
• Third, the ordinance would prohibit parking an E-Micromobility Device or Illegal Motorcycle where it blocks a sidewalk or pedestrian path, or on any public property where bicycle parking is prohibited.
• Fourth, the ordinance prohibits tampering with the manufacturer serial number or other unique identifier affixed to the frame of the device.
• Fifth, the ordinance uses the term “Illegal Motorcycle” to describe devices that cannot be or are not registered with the DMV, and which are not presently exempt from registration. An example is a device capable of being set to perform in excess of 750 watts and capable of operating in excess of 20 miles per hour on motor power alone. Such a device is not lawful on public roads. The ordinance recognizes that State law prohibits operating these devices in public, but nonetheless prohibits operating them in an unsafe manner or on sidewalks, or parking such devices improperly, to provide an additional enforcement tool.
Enforcement Provisions for Local Regulations
Violations of the new local regulations set forth in the ordinance are punishable either as an infraction or with an administrative fine in the amount of $50 (first violation), $200 (second violation within one year of the first violation), and $500 (third and additional violations within one year of the first violation), for both youths and adults, with a right to appeal and reduce the fine for hardship. The ordinance also provides for a traffic safety education option as an alternative for minors to the imposition of a fine for the first violation in a 12-month period. The County Executive’s Office is working with the Sheriff’s Office to establish such a program. The ordinance would further authorize the Sheriff’s Office to impound a minor’s E-Micromobility Device or Illegal Motorcycle. The proposed ordinance also identifies the various provisions of State law that impose liability on parents for violations of licensing requirements, endangering a child, and for certain willful misconduct of a minor that results in injury or death or injury to property.
The County Attorney’s Office has reviewed and approved the ordinance as to form.
COMMUNITY IMPACT:
This ordinance seeks to protect the health, safety, and welfare of San Mateo County residents, and particularly youth, from the harms of illegal or unsafe use of electrically powered micromobility devices.
FISCAL IMPACT:
There is no direct fiscal impact to the county associated with adoption of the ordinance. However, enforcement by the county will likely result in future costs in an amount currently unknown