HomeMy WebLinkAboutOrd 2031
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ORDINANCE NO. 2031
AN ORDINANCE OF THE CITY OF BURLINGAME ADDING
CHAPTER 13.56, “ELECTRIC MICROMOBILITY DEVICES,” TO
TITLE 13 OF THE BURLINGAME MUNICIPAL CODE; CEQA
DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15378 AND 15061(b)(3)
WHEREAS, the City of Burlingame supports the use of electric micromobility
devices as an alternative mode of transportation, but also recognizes that increased
usage has created the need to balance safety concerns between device operators and
other users of public spaces; and
WHEREAS, the California Vehicle Code provides for regulations of human-
powered and electric micromobility devices;
WHEREAS, the Burlingame Municipal Code regulates the use of manually-
powered bicycles and skateboards (BMC Chapters 13.52, 13.54); however currently there
are no local regulations addressing the use of the electric micromobility devices;
WHEREAS, the City Council of the City of Burlingame wishes to regulate electric
micromobility devices in City parks and recreation areas;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals
The recitals set forth above are true and correct, and are hereby incorporated
herein by this reference as if fully set forth in their entirety.
Section 2. Adding Chapter 13.56, “Electric Micromobility Devices,” to Title
13 of the Burlingame Municipal Code
Chapter 13.56, “Electric Micromobility Devices,” as described in Exhibit A attached
hereto and fully incorporated herein, is hereby added to Title 13 of the Burlingame
Municipal Code.
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Section 3. CEQA Determination
The City Council finds and determines this Ordinance is not a project within the
meaning of section 15378 of the CEQA Guidelines because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event that this
Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption
contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty
to have no possibility of a significant effect on the environment.
Section 4. Severability
If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections
of the Ordinance. The City Council of the City of Burlingame hereby declares that it would
have adopted the Ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
Section 5. Effective Date
This Ordinance shall go into effect 30 days following its adoption.
Section 6. Publication
The City Clerk is directed to publish this ordinance in a manner required by law.
Section 7. Codification
Section 2 of this Ordinance shall be codified in the Burlingame Municipal Code.
Sections 1, 3, 4, 5, 6, and 7 shall not be so codified .
Donna Colson, Mayor
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I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
16th day of September 2024, and adopted thereafter at a regular meeting of the City
Council held on the 7th day of October 2024, by the following votes:
AYES: COUNCILMEMBERS: BROWNRIGG, COLSON, LEE, PAPPAJOHN, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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Exhibit A
CHAPTER 13.56 ELECTRIC MICROMOBILITY DEVICES
Section 13.56.001 Purpose and Intent
Section 13.56.002 Definitions
Section 13.56.003 Operation of Electric Micromobility Devices
Section 13.56.004 Violations
Section 13.56.005 Exemptions
Section 13.56.001 Purpose and Intent
The purpose and intent of this Chapter is to regulate electric micromobility devices within
the City of Burlingame. The City supports the use of electric micromobility devices as an
alternative mode of transportation. At the same time, the City recognizes the need to
balance the use and operation of electric micromobility devices against safety concerns of
other users of public spaces.
Section 13.56.002 Definitions
“Electric Micromobility Device” includes the following, each as defined in the California
Vehicle Code, as it may be amended from time to time.
a. “Bicycle” has the same meaning as California Vehicle Code Section 231.
b. “Code” means the Burlingame Municipal Code.
c. “Electric Bicycle” or “E-Bike” has the same meaning as in California Vehicle Code
Section 312.5, and includes all classes of Electric Bicycle defined in that section.
d. “Electric Personal Assistive Motorized Device” or “EPAMD” has the same meaning
as California Vehicle Code Section 313.
e. “Electrically Motorized Board” or “Electrically Motorized Skateboard” or “E -
Skateboard” has the same meaning as California Vehicle Code Section 313.5.
f. “Motorized Scooter” has the same meaning as California Vehicle Code Section 407.5
g. “Operator” means a person who owns, operates and/or controls an Electric
Micromobility Device.
h. “Park” or “Recreation Area” mean any City-owned or City-operated parks, pools,
recreation centers, playgrounds, fields, or open spaces. For purposes of this Chapter
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only, all City-owned portions of the San Francisco Bay Trail, as defined by the
Metropolitan Transportation Commission (MTC), are not a considered a “Park” or
“Recreation Area.”
i. “Vehicle” has the same meaning as California Vehicle Code Section 670.
Section 13.56.003 Operation of Electric Micromobility Devices
a. Prohibition of Electric Micromobility Devices in Designated Areas.
i. No person shall operate or ride an Electric Micromobility Device in public
areas where Bicycles are prohibited in this Code.
ii. No person shall operate or ride an Electric Mobility Device in any Park or
Recreation Area.
b. Duty to Operate Electric Micromobility Devices with Due Care
i. The Operator shall exercise all due care while operating said device and shall
reduce the speed of the device, obey all traffic control regulations, and take
all other actions relating to the operation of the device as necessary to
safeguard the safety of the Operator, passengers, and any other persons or
other Vehicles or devices in the immediate area
ii. It shall be unlawful to transport a passenger on an Electric Micromobility
Device designed for a single person, or to cling to or attach one’s self to an
Electric Micromobility Devices with an Operator or rider on board, to any
moving vehicle or motorized or non-motorized wheeled device.
iii. Operators shall obey all applicable California Vehicle Code and Burlingame
Municipal Code provisions.
iv. Operators shall allow the inspection of Electric Micromobility Devices upon
lawful contact with a peace officer to determine if the rider is legally allowed
to operate said device.
c. Violations
i. In addition to any other penalty authorized by law, violations of this Chapter
are subject to citations and penalties as described in Chapter 1.12 of this
Code. Furthermore, any violation of this Chapter shall be deemed a public
nuisance and may be abated as such by the City, and each such day of
violation shall constitute a new and separate offense.
d. Exemptions
i. Public Agency Personnel. Notwithstanding any other provision of this Chapter,
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City and public agency personnel may operate Electric Micromobility Devices
at any place in the City in the performance of their duties.
ii. Disability. This Chapter does not apply to or otherwise restrict persons with
physical disabilities from utilizing Electric Micromobility Devices in accordance
with the Americans with Disabilities Act (42 USC Section 12101 et seq.) and
Section 36.311 of Title 28 of the Code of Federal Regulations.
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