Oceanside Municipal Code Ch. 5 Bicycles and Mobility Devices

Footnotes:

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Editor's note— Ord. No. 24-OR0080-1, § 1, adopted March 27, 2024, amended Ch. 5 and in doing so changed the title of said chapter from "Bicycles" to "Bicycles and Mobility Devices," as set out herein.

Editor's note— Ord. No. 75-6, adopted March 26, 1975, amended §§ 5.1—5.10 to read as herein set out. Prior to this amendment, these sections pertained to similar subject matter and were derived from: Ord. Code, §§ 6711—6718; Ord. No. 72-55, §§ 1—7, adopted Nov. 22, 1972; and Ord. No. 73-52, § 1, adopted Sept. 26, 1973.

State Law reference— For state law as to applicability of rules of the road to bicycles, see Vehicle Code, § 21200 et seq. As to use of bicycles on freeways, see Vehicle Code, § 21960.

(a) Bicycle for the purposes of this chapter means any device on which a person may ride, which is propelled by human power through a system of belts, chains or gears, and which has wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches.

(b) For the purpose of this chapter, mobility devices include: "electric bicycle," "electric personal assistive mobility device," "electrically motorized boards," "low-speed vehicle," "motorized scooter," "operator," "public area," "regulated mobility device," "rider," "shared mobility device," and "vehicle" as defined in the respective sections of the California Vehicle Code and Civil Code, as they may be amended from time to time.

(Ord. No. 24-OR0080-1, § 1, 3-27-2024)

Editor's note— Ord. No. 24-OR0080-1, § 1, adopted March 27, 2024, repealed the former § 5.1 and enacted a new § 5.1 as set out herein. The former § 5.1 pertained to bicycle defined and derived from Ord. No. 75-6, § 1, adopted March 26, 1975.

Bicycle licenses are not required in the City of Oceanside. They may be obtained by citizens to help them identify and track the ownership of their bicycles if lost or stolen. They may be obtained from an Oceanside Police Department Resource Center, an Oceanside retailer voluntarily participating in the issuance of bicycle licenses or from the Oceanside Fire Department at designated city fire stations.

(Ord. No. 75-6, § 1, 3-26-75; Ord. No. 98-34, § 1, 11-11-98; Ord. No. 99-10, § 1, 5-5-99)

The licenses issued will be standard California bicycle license plates provided by the California Department of Motor Vehicles; and the first license will be effective from January 1, 1975 to December 31, 1978 and will be renewable for three-year periods thereafter.

(Ord. No. 75-6, § 1, 3-26-75)

During the period of validity of the license, or until notification that the bicycle no longer is to be operated, the license inspector shall keep a record of all license numbers issued pursuant to this chapter in the files of the license department, which shall contain the following information:

(a) Licensee. The name, address and age of the person to whom such license is issued.

(b) Date of purchase. The date of purchase of such bicycle by such licensee.

(c) Description of bicycle. The make, type, model and serial number of such bicycle.

(Ord. No. 75-6, § 1, 3-26-75)

Each bicycle retailer located in the City of Oceanside shall supply to each bicycle purchaser a record of the following information: Name of retailer, address of retailer, year and make of bicycle, and the serial number of the bicycle.

(Ord. No. 75-6, § 1, 3-26-75)

Whenever the owner of a bicycle licensed pursuant to this chapter sells or otherwise disposes of a bicycle, or changes his address, he shall within ten (10) days notify the license inspector of such event.

(Ord. No. 75-6, § 1, 3-26-75)

Editor's note— Ord. No. 99-10, § 2, adopted May 5, 1999, deleted § 5.7 in its entirety. Formerly, said section pertained to license—transferability. See the Code Comparative Table.

At the time of licensing, each licensee shall pay to the license inspector, or fire department personnel, a fee, in accordance with the following schedule:

Unexpired term of license Fee

1 year or less .....$1.00

Over 1 year but less than 2 .....2.00

Over 2 years but less than 3 .....3.00

Over 3 years .....4.00

(Ord. No. 75-6, § 1, 3-26-75)

All licenses issued pursuant to this chapter shall expire on the thirty-first day of December of the last year of the term of the license.

(Ord. No. 75-6, § 1, 3-26-75)

All licenses issued pursuant to this chapter are renewable during the two (2) months prior to the expiration of the licenses.

(Ord. No. 75-6, § 1, 3-26-75)

Except for maintenance vehicles, no person shall operate or move a motor vehicle or other motor-driven cycle upon a posted bicycle lane or facility except as may be necessary to enter or leave adjacent property or parking facility.

(Ord. No. 73-52, § 1, 9-26-73)

No person shall park, stand, or stop any vehicle in any designated bicycle lane for one-way bike travel identified by special signs, lane striping, and other pavement markings, except for emergency purposes.

(Ord. No. 73-52, § 1, 9-26-73; Ord. No. 08-OR0586-1, § 1, 10-1-08)

Established bicycle lanes and other facilities shall be maintained with adequate signs and roadway markings advising both the cyclist and the motorist of such bike lane existence. Installation of signs shall be in accordance with the manual on uniform traffic-control devices.

(Ord. No. 73-52, § 1, 9-26-73)

(a) No person shall operate a bicycle or mobility device upon the Municipal Pier or Municipal Pier ramps, the Oceanside Pier Amphitheater, and the Junior Seau Beach Community Center.

(b) Bicycles and mobility devices are prohibited from all stairways, walkways, sidewalks, or any way or place contained within the Junior Seau Beach Community Center plaza south to the north curbline of Betty's Lot (Lot 30) bounded on the west by The Strand.

(c) "Pier Plaza" is defined as that area contained within the boundaries described as follows:

Bounded on the south by First Street;

Bounded in the north by the north side of the parking lot located at the northwest intersection of The Strand and the Oceanside Municipal Pier;

Bounded on the east by the west side of Pacific Street;

Bounded on the west by the Pacific Ocean.

(d) The Pier Plaza includes, but is not limited to, any sidewalk, roadway, parking lot, or any way or place contained within the above-described boundaries, including, but not limited to, the Beach Stadium/Band Shell, the Beach Community Center, the Municipal Pier, and the Municipal Pier ramps.

(e) The above provisions may be waived for a special event (as defined in O.C.C. 30A.1(d)) by the special events committee upon written application to the special events committee in accordance with the application procedures set forth in chapter 30A for a special event permit. Such written request shall be included in the application for a special permit at the time such application is submitted.

(f) It is prohibited to operate or ride on a mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in section 5.14(b), (c), and (d).

(g) No person shall operate a bicycle or mobility device upon any sidewalk fronting any business establishment unless signs are posted authorizing such use. When riding on a sidewalk, a person shall not operate a mobility device or bicycle in excess of ten (10) miles per hour, must ride in the same direction as street traffic, must yield to the right-of-way to any and all pedestrians, and must dismount within fifty (50) feet of pedestrians on any sidewalk less than five (5) feet wide.

(h) It is prohibited to operate a bicycle or mobility device in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city.

(i) Operators of mobility devices shall comply with the following requirements:

(1) Operators must comply with all traffic laws, maintaining a safe operational speed, not exceeding posted limits, slowing down in high pedestrian areas, and properly wear a helmet (seventeen (17) years and under). Operators should exercise due regard for all traffic conditions, road conditions, weather conditions, the presence of pedestrians and other vehicles, and any other potential hazards.

(2) Operators must not endanger themselves, passengers, or others, keeping a safe distance from pedestrians, especially on city trails. Operators should exercise due regard for the safety and well-being of all persons and property in the vicinity.

(3) Transporting passengers on non-designated parts of the device or attaching it to moving objects is prohibited. Operators should exercise due regard for the intended use and design of the device.

(4) Operators must dismount on city trails less than five (5) feet wide with pedestrians or equines within fifty (50) feet. Operators should exercise due regard for the width of the trail and the presence of other users.

For the purposes of this section, "due regard" is defined as the exercise of care that a reasonably prudent and competent person engaged in the same line of activity would exercise under similar circumstances.

(Ord. No. 24-OR0080-1, § 1, 3-27-2024)

Editor's note— Ord. No. 24-OR0080-1, § 1, adopted March 27, 2024, repealed the former § 5.14 and enacted a new § 5.14 as set out herein. The former § 5.14 pertained to operation of mobility devices and derived from Ord. No. 73-52, § 1, adopted Sept. 26, 1973; and Ord. No. 87-39, § 2, adopted Oct. 14, 1987.

Public agency personnel. Notwithstanding any other provision of this chapter, or any other section of this Code, city and public agency personnel may operate mobility devices or other vehicles at any place in the city in the performance of their official duties.

Disability. This chapter is not intended to apply to or otherwise restrict mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.).

(Ord. No. 24-OR0080-1, § 1, 3-27-2024)

(a) Authorization to enforce. A peace officer or any employee tasked with enforcing the city's traffic laws and regulations is authorized to enforce this chapter.

(b) Alternative penalty. In lieu of an infraction per Oceanside City Code section 1.12, the chief of police or their designee may allow violators to complete a bicycle/e-bike safety educational program focusing on mobility devices. The aim of the educational program is to inform operators of bicycles, e-bikes, and other mobility devices about safety and traffic laws applicable within the City of Oceanside.

(Ord. No. 24-OR0080-1, § 1, 3-27-2024)