SAN MARCOS — Amid rising concerns related to youth e-bike safety, the San Marcos City Council unanimously agreed Tuesday to set a minimum age of 12 for riders of class 1 and 2 electric bicycles on city streets, along with a “Ride Right” education campaign.
The city brought forward the policy under Assemblymember Tasha Boerner’s Assembly Bill 2234, a state pilot program running through 2029 that allows cities to adopt bans on e-bikes for riders under 12. San Marcos will be the first city in North County to adopt this age limit.
Councilmembers also agreed to allocate an additional $77,000 to this year’s budget for increased enforcement and education by the Sheriff’s Office.
Before the rules go into effect, San Marcos will undertake a 30-day public information campaign about the new age limit, followed by a 60-day “warning only” period where citations will not yet be issued.
Councilmembers said they have seen young e-bike riders engaged in dangerous behaviors, such as swerving between lanes and the sidewalk, or not wearing helmets. Councilmember Danielle LeBlang, who brought forward the proposed policy with Mayor Rebecca Jones, said this is a first step in the right direction.
“I firmly believe that under 12 years old, the maturity is just not there with regard to decision making, with regard to impulse control, with regard to responsibility,” LeBlang said. “I personally think that the age range should be a little bit higher, but we are doing what we can with AB 2234 and I think this is an amazing law that is a great start to everything we’re trying to accomplish.”
After the public information and grace periods, the Sheriff’s Office will be able to issue a $25 administrative citation to a child under 12 riding an e-bike. The child’s parents will be jointly responsible for paying the citation within 120 days, or they can have it waived if they provide proof of their child participating in a bike safety class.
Councilmember María Nuñez questioned how this would work logistically, what the city’s role would be versus the Sheriff’s Office’s, and how parents would be informed of the citation.
“The minute a law enforcement officer comes into contact with a minor, for me it’s not clear what that looks like and what is the expectation for what should happen to the minor, one, and the property,” Nuñez said.
City Attorney Helen Peak said sheriff’s officials would issue the citation and educate the child on the rules, and would not detain the minor or confiscate the e-bike. The citation would be in an administrative manner and would not be referred to the court.
“It’s as soft a process as you can possibly have,” Peak said.
Councilmember Ed Musgrove guessed that in some cases, a deputy who stops an e-bike rider under 12 may instruct the minor to contact a parent to pick up the bike, in which case the parent would learn about the citation.
However, deputies will not be required to directly contact the parents or guardians of every minor who receives a citation.
City staff said the program will focus on education rather than punishment, with Sheriff’s deputies able to use discretion in each situation. It will also focus more on riders exhibiting dangerous behaviors.
“The purpose of tonight’s item is not to imply that e-bikes themselves are a problem. Instead, we want to make sure everyone stays safe, especially our younger riders,” said City Manager Michelle Bender.
Ride Right
The Ride Right campaign will build upon the existing Safe San Marcos initiative launched last year, which formed a partnership between the city, Sheriff’s Office, and San Marcos Unified School District. It required local students who ride bikes to school to undergo safety training and obtain a permit.
According to San Marcos Director of LEAN Government Kristina Ray, Ride Right will include pop-up events at the end of the school day, offering helmet checks and safety information; hands-on training with the San Diego Bike Coalition involving classroom and on-the-road safety training; and a “family university” that educates parents and kids.
“Those would be additional offerings that would be available to anyone in San Marcos, whether you have students in the schools or not,” Ray said.
The Sheriff’s Office has trained around 1,000 middle and high school students in San Marcos on bike safety in the past year, Ray added.
Class 3 e-bikes are banned for riders under 16 in California. Helmets are required for all riders under 18, and carrying passengers on an e-bike is not permitted unless the e-bike is fitted with an extra seat.
The city of Carlsbad is also considering adopting the 12-year-old age limit for e-bikes, with the city’s Traffic and Mobility Commission recommending approval last month. However, Carlsbad officials have expressed concern that it will do little to address broader concerns about e-bike safety.
