E-Bike Laws in Berkeley, California
Berkeley's position is genuinely ambiguous on the face of its code, and that ambiguity is the important fact. BMC § 14.68.120 provides that "no person shall ride or operate a motorized bicycle or motorized scooter on any sidewalk in the City" — a complete sidewalk ban for motorized devices, in contrast to § 14.68.130, which permits conventional bicycles on sidewalks under conditions. But § 14.68.010 defines "motorized bicycle" using the old Veh. Code § 406 moped standard, not the § 312.5 e-bike class system — so whether Class 1, 2 and 3 e-bikes fall inside Berkeley's ban remains unresolved. Ord. 7997-NS (2026) amended both sections — but only to re-enact them, without substantive change.
BMC § 14.68.120 bans "motorized bicycles" from sidewalks, but § 14.68.010 defines that term by the old moped standard — under two gross brake horsepower, maximum 30 mph, pedals optional if electric. Whether a Class 1, 2 or 3 e-bike under Veh. Code § 312.5 falls inside that definition is genuinely ambiguous on the face of the code. And Ord. 7997-NS (2026) amended both sections — no Berkeley news coverage or staff report on it could be found, and searches surfaced only an unrelated 2026 ordinance from Berkley, Michigan. This is a live 2026 item requiring a manual check. The code is current through Ord. 8031-NS (July 28, 2026).
The rules, line by line
| Subject | Rule | Authority |
|---|---|---|
| Sidewalks — motorized devices | "No person shall ride or operate a motorized bicycle or motorized scooter on any sidewalk in the City." | BMC § 14.68.120 |
| Sidewalks — conventional bicycles | Permitted on sidewalks under conditions. | BMC § 14.68.130 |
| The definition problem | "Motorized bicycle" is defined as a two- or three-wheeled device "having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty miles per hour." This tracks the old Veh. Code § 406 moped definition, not the § 312.5 e-bike class system. | BMC § 14.68.010 |
| Playgrounds, parks, school grounds | Operation restricted. | BMC § 14.68.140 |
| Other public places | Operation restricted. | BMC § 14.68.150 |
| 2026 amendment | Ord. 7997-NS § 1 (2026) re-enacted both § 14.68.010 and § 14.68.120 without substantive change — a recodification. It did not pull Veh. Code § 312.5 e-bikes into the sidewalk ban, and the definitional ambiguity survives it intact. | Ord. 7997-NS (2026)Citation unconfirmed |
The definitional gap, in detail
Berkeley's "motorized bicycle" definition in § 14.68.010 is a near-verbatim copy of the pre-2016
Veh. Code § 406 moped standard:
- two or three wheels
- fully operative pedals, or no pedals if powered solely by electrical energy
- automatic transmission
- motor producing less than two gross brake horsepower
- maximum speed not more than thirty miles per hour
Now compare a Class 1 e-bike under Veh. Code § 312.5: two wheels, fully operable pedals required, a
motor not exceeding 750 watts, assist cutting out at 20 mph.
Does a Class 1 e-bike satisfy Berkeley's definition? Arguably yes on a literal reading — 750 watts is
about one horsepower, well under two, and 20 mph is under 30. But that reading makes Berkeley's
"motorized bicycle" ban apply to a device the Vehicle Code expressly declares is not a motor
vehicle (§ 24016(b)), and which the state defines in a separate section the city's code does not
reference.
The ordinance history shows the sections were touched in 1976 (Ord. 4957-NS), 2021 (Ord. 7786-NS) and 2026 (Ord. 7997-NS). The 1976 original plainly did not contemplate e-bikes. The 2021 amendment came after the class system existed. And the 2026 amendment touched both the definition and the sidewalk ban — which is exactly what you would do to close this gap.
Ord. 7997-NS has now been checked: it re-enacted both sections without substantive change. That closes the question of what it did and leaves the underlying ambiguity exactly where it was. No Berkeley news coverage or staff report was locatable, and searches surfaced only an unrelated Berkley, Michigan ordinance. This is the highest-priority unresolved item in the Bay Area section of this site.
The same problem across California
Berkeley is one of at least six California cities whose sidewalk provision predates the e-bike class system and whose application to e-bikes is textually unresolved:
| City | Provision | The gap |
|---|---|---|
| Los Angeles | LAMC § 56.15 |
Covers devices "moved exclusively by human power" — plainly excludes e-bikes. A motion to amend is pending. |
| Berkeley | BMC §§ 14.68.010, 14.68.120 |
"Motorized bicycle" defined by the old moped standard. |
| Long Beach | LBMC § 10.48.010 |
A proposed amendment would bring e-bikes within "bicycle," implying they are not. |
| Palm Springs | PSMC § 12.90.010 |
2004 blanket bicycle sidewalk ban; e-bikes never mentioned. |
| Watsonville | WMC § 4-1.02 |
Flat citywide sidewalk bicycle ban; e-bikes not named. |
| San Mateo | SMMC § 11.56.100(c) |
Distinguishes bicycles, motor-driven cycles and motor scooters without addressing § 312.5. |
Two cities closed their version of the gap: El Segundo in January 2026, amending rules that had
reached only non-motorized bicycles, and Santa Cruz, whose § 10.68.030 expressly names electric
bicycles.
Where a code does not name electric bicycles, this site says so rather than assuming the ban applies.
What definitely applies in Berkeley
State law, in full. And for most off-street riding, EBRPD Ordinance 38 governs the regional trails and parklands around the city — Tilden, Wildcat Canyon, the Bay Trail — where Class 1 is permitted as a "bicycle," Class 2 is confined to twenty listed paved trails (including Wildcat Creek and Point Isabel to Miller Knox), Class 3 is banned districtwide, the limit is 15 mph dropping to 5 mph when passing, and helmets are required under 18.
Neighboring Oakland has no e-bike-specific ordinance located, though Municipal Code
Ch. 12.61 on vehicular use of sidewalks is the relevant chapter and its text could not be retrieved.
The City and County of San Francisco likewise has no e-bike-specific ordinance located.
Common questions
Can you ride an e-bike on the sidewalk in Berkeley?
Unresolved on the face of the code, which is the honest answer. BMC § 14.68.120 bans "motorized bicycles" from all sidewalks, but § 14.68.010 defines that term using the old Veh. Code § 406 moped standard rather than the § 312.5 e-bike classes. Whether a Class 1, 2 or 3 e-bike falls inside it is genuinely arguable. Ord. 7997-NS (2026) re-enacted both sections without substantive change, so it neither closed the gap nor endorsed the broad reading. An e-bike arguably fits the literal text of the old definition. This site does not pick a side: how a court would read it is exactly the kind of legal conclusion a reference should not assert.
What did Berkeley's 2026 e-bike ordinance change?
Unknown. Ord. 7997-NS § 1 (2026) amended both BMC § 14.68.010 (the definitions) and § 14.68.120 (the sidewalk ban). No Berkeley news coverage or staff report on it could be found at the time. It has since been checked: it is a recodification, re-enacting both sections without substantive change. It did not bring § 312.5 e-bikes within the sidewalk prohibition. The code is current through Ord. 8031-NS of July 28, 2026.
Are e-bikes allowed on trails in the Berkeley hills?
Under EBRPD Ordinance 38, which governs Tilden, Wildcat Canyon and the other regional parks around Berkeley: Class 1 yes, treated as a bicycle and permitted on paved roads and trails and on unpaved roads and fire roads over 8 feet wide unless posted otherwise. Class 2 only on twenty listed paved trails, including Wildcat Creek and Point Isabel to Miller Knox. Class 3 is banned districtwide. 15 mph limit, 5 mph when passing, helmets under 18.