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HomeMy WebLinkAboutItem 5.7 Adopting an Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) of the Dublin STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 5.7 DATE: October 21, 2025 TO: Honorable Mayor and City Councilmembers FROM: Colleen Tribby, City Manager SUBJECT: Adopting an Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) of the Dublin Municipal Code Prepared by: Jordan Foss, Senior Management Analyst and Chief Victor Fox, Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider adopting an Ordinance amending the Dublin Municipal Code regarding the use of Electric Bicycles, Electric Scooters, Electric Personal Assistive Mobility Devices, and Electric Motorized Boards operating within the City and making clarifications to enhance public safety. The City Council waived the first reading and introduced the Ordinance on October 7, 2025. The City Council is now being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt the Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro- Mobility Devices) to the Dublin Municipal Code. FINANCIAL IMPACT: None. DESCRIPTION: On October 7, 2025, the City Council waived the reading and introduced an ordinance (Attachment 1) to amend Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and add Chapter 6.73 (Micro-Mobility Devices) to the Dublin Municipal Code (DMC). The proposed ordinance is related to e-bikes, e-scooters, electric personal assistive mobility devices, and electric motorized boards (e-skateboards). 131 Page 2 of 2 The proposed amendments include updated definitions for “Bicycles” and “Micro-mobility device” (Section 5.100.020) and adding “micro-mobility device” to the prohibited acts in parks (Section 5.100.140). The proposed addition of Chapter 6.73 consolidates applicable provisions of the California Vehicle Code for use of micro-mobility devices with locally tailored regulations to ensure safe use within the City of Dublin and on City sidewalks. The amendments to Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) along with the addition of Chapter 6.73 (Micro-Mobility Devices) are intended to improve public safety, provide consistency with state regulations, and proactively address the growing use of personal electric vehicles in the community. Please refer to Attachment 2 for a complete discussion of the proposed Ordinance. If adopted, Dublin Police Services (DPS) will incorporate the requirements into their operating procedures, implement administrative citations for infractions to this Ordinance, and will conduct outreach to educate residents of the changes. Updated information will also be published on Dublin Police Services’ e-bike and e-scooter webpage. STRATEGIC PLAN INITIATIVE: Strategy 2: Public Safety Objective B: Continue to invest in public safety technology and programs that advance proactive, community policing and protect citizens and law enforcement. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Ordinance Amending Sections 5.100.020 and 5.100.140 (Parks and Recreation Areas and Facilities) and Adding Chapter 6.73 (Micro-Mobility Devices) to the Dublin Municipal Code 2) City Council Staff Report dated October 7, 2025 (without attachments) 132 Ord. No. XX-25, Item X.X, Adopted 10/21/2025 Page 1 of 4 ORDINANCE NO. XX–25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING SECTIONS 5.100.020 AND 5.100.140 (PARKS AND RECREATION AREAS AND FACILITIES) OF AND ADDING CHAPTER 6.73 (MICRO-MOBILITY DEVICES) TO THE DUBLIN MUNICIPAL CODE WHEREAS, the California Vehicle Code (CVC), as a general matter and as a means of establishing statewide uniformity, prevents the City from regulating the matters that the CVC covers, such as the operation of vehicles on public streets, unless otherwise expressly provided in the CVC; and WHEREAS, the CVC also prevents the City from enforcing ordinances that impose fines, penalties, assessments, and fees for violations of “matters covered by the” CVC; and WHEREAS, the CVC authorizes local regulations relating to the operation of micro-mobility devices, including e-bikes and e-scooters, in certain areas such as parks and sidewalks, and further authorizes local jurisdictions to establish reasonable rules and regulations governing the operation of such devices within City boundaries. NOW, THEREFORE, The Dublin City Council does ordain as follows: Section 1. Section 5.100.020 of the Dublin Municipal Code is amended to read as follows: 5.100.020 Definitions. For the purpose of this chapter the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein: “Bicycle” has the meaning ascribed to it in California Vehicle Code section 231, which, it is noted for completeness, includes an “electric bicycle” as that term is defined in California Vehicle Code section 312.5. “City” means the city of Dublin. “Director” means the City Manager or the City Manager’s authorized representative. “Micro-mobility device” has the meaning ascribed to it in section 6.73.010 of this code. “Park” means and includes all grounds, buildings, improvements and areas dedicated for use by the public for park, recreation or open space Attachment 1 133 Ord. No. XX-25, Item X.X, Adopted 10/21/2025 Page 2 of 4 purposes, and any part, portion or area thereof, whether developed or undeveloped or over which the city has acquired right of use for such purposes. “Person” means any person, firm, partnership, association, corporation, company, or organization of any kind. “Vehicle” means any wheeled conveyance, whether motor powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages, strollers, wheelchairs and vehicles in the service of the city of Dublin. Section 2. Section 5.100.140 of the Dublin Municipal Code is amended to read as follows: 5.100.140 Operation of bicycles, vehicles, skates, skateboards, nonmotorized scooters and autos—Prohibited acts. No person while in any park shall: A. Ride a bicycle, micro-mobility device (as defined in section 6.73.010), or other vehicle except on officially designated routes. Bicycles , micro-mobility devices, and other vehicles shall not be permitted on unpaved trails or roads, or upon any other unpaved surfaces unless specifically permitted by posted sign. Notwithstanding the above, a bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area, bridge, building deck or paved area reserved for pedestrian use; B. Ride or operate a bicycle, micro-mobility device, or vehicle at any time or at any place within city parks or recreational areas in a negligent, unsafe or reckless manner or in a way that endangers the life, limb or property of any person or in violation of the provisions of California Vehicle Code Section 21201, or at excessive speeds, especially when passing other trail users, or in areas with poor or limited visibility; C. If under eighteen (18) years of age, operate a bicycle, a nonmotorized scooter, a skateboard, roller or in -line skates, or ride on a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon any park property unless wearing a properly fitted and fastened bicycle helmet. This requirement also applies to a person who rides upon a bicycle while in a restraining seat that is attached to the bicycle or in a trailer towed by the bicycle; D. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available; E. Ride, drive or park any automobile, truck, motorcycle, motor scooter or any other motor-powered, whether gas, electric, or other energy 134 Ord. No. XX-25, Item X.X, Adopted 10/21/2025 Page 3 of 4 source, vehicle, other than a micro-mobility device, except upon the roads, driveways and parking lots provided and designated for such use; F. Skate over any grassy area, bridge, building deck or paved area reserved for pedestrian use; G. Ride or propel skates, a skateboard or any other vehicle while holding or using any kite (also known as kiteskating); H. Ride or propel a skateboard except on areas designated by the Council by ordinance or resolution and properly noticed, and performed in a manner as to provide for reasonable protection to both individuals and property; or I. Park any vehicle in a park or city recreational area or facility unless actually visiting or engaged in a recreational activity a t the park, recreational area or facility in question unless authorized by the Director. Section 3. Chapter 6.73 is hereby added to the Dublin Municipal Code to read as follows: Chapter 6.73 MICRO-MOBILITY DEVICES. 6.73.010 Definitions For purposes of this Chapter, the following words and phrases shall have the meanings specified in this section: “E-bike” or “Electric bicycle” has the meaning ascribed to it in CVC section 312.5. “E-Scooter” or “Motorized scooter” has the meaning ascribed to a motorized scooter in CVC section 407.5. “Electric personal assistive mobility device” (or “EPAMD”) has the meaning ascribed to it in CVC section 313. “Electrically motorized board” has the meaning ascribed to it in CVC section 313.5. “Micro-mobility device” means electric bicycles, motorized scooters, electric personal assistive mobility devices, and electrically motorized boards. 135 Ord. No. XX-25, Item X.X, Adopted 10/21/2025 Page 4 of 4 6.73.020 Use of Micro-Mobility Devices Prohibited on Sidewalks. Except as may be necessary to enter or leave adjacent property, no person shall ride, drive, or operate a micro-mobility device on a pedestrian sidewalk, unless the sidewalk is designated as a shared use path pursuant to CVC section 21235. (Reference: CVC §§ 213 and 21100 [e-bikes], 21282 [EPAMDs], 21967 [electrically motorized boards].) Notwithstanding the foregoing, a person may ride, drive, or operate an EPAMD on a pedestrian sidewalk, if, by reason of physical disability, s/he is otherwise unable to move about on foot. Although not regulated by this Code, it is noted for completeness that CVC section 21235(g) prohibits the operators of e- scooters and motorized scooters from operating them on sidewalks, except as necessary to enter or leave adjacent property. Section 4. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 5. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 21st day of October 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 136