(a)A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a vehicle located within the territorial limits in which the officer may act, under either of the following circumstances:
(1)A person is operating a vehicle with fewer than four wheels that does not meet the definition of an electric bicycle set forth in Section 312.5 and is both of the following:
(A)Powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway.
(B)Being operated by an operator who is not licensed to operate the vehicle.
(2)A person is operating a vehicle that is a class 3 electric bicycle in violation of subdivision (a) of Section 21213.
(b)
(1)A city, county, or city and county may a
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(a)
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a vehicle located within the territorial limits in which the officer may act, under either of the following circumstances:
(1)
A person is operating a vehicle with fewer than four wheels that does not meet the definition of an electric bicycle set forth in Section 312.5 and is both of the following:
(A)
Powered by an electric motor capable of exclusively propelling the vehicle in excess of 20 miles per hour on a highway.
(B)
Being operated by an operator who is not licensed to operate the vehicle.
(2)
A person is operating a vehicle that is a class 3 electric bicycle in violation of subdivision (a) of Section 21213.
(b)
(1)
A city, county, or city and county may adopt at a public meeting a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs. The charges shall not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing the vehicle.
(2)
A local jurisdiction that has adopted a regulation, ordinance, or resolution pursuant to paragraph (1) shall publicly and conspicuously post the schedule of charges on their internet website.
(c)
An agency shall release a seized vehicle to the owner, violator, or their agent after a minimum of 48 hours, if both of the following conditions are met:
(1)
The owner, violator, or authorized agent’s request is made during normal business hours.
(2)
The applicable removal, seizure, and storage costs have been paid.
(d)
If a peace officer removes a vehicle pursuant to paragraph (2) of subdivision
(a), an agency may, as a condition of release, require the owner, violator, or the parent or legal guardian of the owner or violator to deliver proof that the violator has completed an electric bicycle safety and training program, as described in Section 894 of the Streets and Highways Code, or a related local bicycle safety course, if one is available, as prescribed by authorities in the local jurisdiction.