Note: Former Chapter 10.56, Bicycles, derived from Prior code §§ 6-1—6-12, Ord. 1225, and Ord. 1316, was repealed by Ord. 1749, 2/11/2025.
A. 
The purpose of this chapter is to regulate electric mobility devices within the jurisdictional limits of the City of Buena Park.
B. 
The city supports the use of electric mobility devices as a form of recreation and an alternative mode of transportation, but recognizes the increased popularity combined with the unregulated usage of such devices creates health and safety risks arising from operator interactions with other motorists and pedestrians. The city desires to address these health and safety risks through the provisions of this chapter.
(Ord. 1749, 2/11/2025)
As used in this chapter, the following words and phrases shall have the meaning stated:
"Electric mobility device"
means and refers to any and all of the following: (a) "electric bicycle" as defined in Vehicle Code Section 312.5(b); "electric personal assistive mobility device" as defined in Vehicle Code Section 313(c); "electrically motorized boards" as defined in Vehicle Code Section 313.5(d); "low speed vehicle" as defined in Vehicle Code Section 385.5(e); and "motorized scooter" as defined in Vehicle Code Section 407.5.
"Operator"
means a person who operates or controls an electric mobility device.
"Vehicle Code"
means the California Vehicle Code, as the same may be amended from time to time. Any words or phrases that are used but not defined in this chapter, but are defined in the Vehicle Code, shall have the meaning given by the Vehicle Code.
(Ord. 1749, 2/11/2025)
A. 
No person shall operate or ride an electric mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, athletic field, athletic/sports court, gymnasium, playground, or any grass or landscaped area of any public park or public property in the city.
B. 
No person shall operate or ride an electric mobility device in an unsafe manner on a public roadway, highway, trail, bike path, other public or private property that is open to the public. For purposes of the foregoing, an "unsafe manner" means and refers to operating or riding an electric mobility device:
1. 
In any manner that violates or is prohibited by the Vehicle Code; or
2. 
In such a way as to create a danger to the operator, a passenger, or to the person or property of other motorists, pedestrians, or other persons in the vicinity. Examples of operating or riding an electric mobility device in an "unsafe manner" include, but are not limited to: (a) operating or riding against the flow of traffic; (b) recklessly swerving around or evading stopped or slowed traffic or pedestrians; (c) operating or riding in a manner for which it was not designed, such as carrying passengers when not designed for carrying passengers; (d) operating or riding while under the age of 18 without a properly fitted and fastened helmet; or (e) operating or riding at a speed that is faster (or greater) than 25 miles per hour or that is reasonable or prudent under the conditions then existing.
(Ord. 1749, 2/11/2025)
A. 
Any person violating or failing to comply with any provision of this chapter is guilty of an infraction and may be punished by an administrative fine pursuant to Section 1.04.080 of this code.
B. 
The provisions and remedies of this chapter are in addition to those otherwise provided by law, including, but not limited to, the Vehicle Code. Nothing in this chapter prohibits a peace officer from issuing a citation under the Vehicle Code for any offense based on his or her discretion.
C. 
In the event the person operating or riding an electric mobility device in violation of this chapter is a juvenile, as soon as practical after initiating the stop peace officers will make reasonable efforts to contact the parent(s) or responsible guardian(s) of the person and advise them of the nature of the violation.
D. 
In lieu of a fine or administrative citation that is authorized by this chapter, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a juvenile violator and their parent(s) or responsible guardian(s) to complete a police department diversion safety program, at their expense.
(Ord. 1749, 2/11/2025)
If a juvenile subject is cited for a violation of this chapter, the citing peace officer may impound, or if necessary because of size and weight, tow the electronic mobility device to the Buena Park police department such that the device may be released to a responsible adult. The fee for release will be consistent with the department's fee schedule for the release of impounded bicycles, or towed vehicles if the device is towed. If an electric mobility device is not claimed after a period of at least 90 days it may be deemed abandoned and disposed of by the department in the manner provided by law.
(Ord. 1749, 2/11/2025)
A. 
This chapter does not apply to city or public agency personnel within the course and scope of their employment.
B. 
This chapter does not apply to or otherwise restrict persons with mobility disabilities utilizing a wheelchair or other power-driven mobility device in accordance with the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and Section 36.311 of Title 28 of the Code of Federal Regulations.
C. 
The prohibition against persons riding electric mobility devices on sidewalks that is set forth in Section 10.56.030(A) does not apply to a person that is 18 years of age or younger, provided the person is not operating in an unsafe manner as is prohibited by Section 10.56.030(B).
(Ord. 1749, 2/11/2025)