New laws target gate hazards, throttle e-bikes for kids and distracted driving

A new Tiburon rule now requires large gates to be outfitted with safeguards to prevent them from falling and potentially injuring or killing someone. The local ordinance joins a Marin-wide ban on throttle e-bikes for kids and a statewide ban on holding a phone while driving among new laws in place for the second half of 2025.

The local gate ordinance went into effect July 1 after being approved by the Town Council in May 2023. It requires property owners to ensure their vehicle and other automated and manual gates have posts that hold them upright if they become untethered from their tracks.

Any gate more than 48 inches wide or 84 inches tall must meet the standards and be designed, built and installed to:

• Not fall over more than 45 degrees from a vertical plane when the gate is detached from supporting hardware.

• Be balanced and not move under its own weight or by gravity.

• Have covered rolling wheels, if applicable, to ensure they move smoothly.

• Have positive stops to control the open and closed positions.

Gates must be inspected and certified at least once every five years.

The law was approved after urgings from former Greenbrae couple Eric and Dayna Quanbeck, whose 7-year-old son Alex was killed at Mark Day School in Terra Linda in December 2019 when a 450-pound metal rolling gate fell and hit him on the back of the head. Alex had tried to pull it shut during recess so the football that he and his classmates were tossing around would stay in the yard.

Tiburon Building Official Doug Haight said June 25 that the town has enforced the ordinance for all new gates, including requiring property owners undertaking remodels or having their home inspected to obtain a letter indicating their gate is certified.

“Part of what we’re going to be doing to try and gain compliance is try and educate people of their obligation under the ordinance,” he said.

Haight said there will be a reminder in an upcoming Tiburon Talk newsletter and that officials plan to send courtesy notices after they finish compiling a list of gates across town.

Enforcement will ultimately be determined in coordination with Town Manager Greg Chanis, who was on vacation and not available for comment by The Ark’s press deadline, Haight said, and whoever is hired as community development director to replace Dina Tasini, who left the role last month.

E-bike bans for kids go into effect across Marin

Across the Tiburon Peninsula and Marin, riders under age 16 are banned from using throttle-assisted e-bikes starting this month, a move meant to make trails and roads safer for all riders.

The restriction also includes rules requiring legal riders of throttle-assisted Class-2 bikes — which can reach speeds of 20 mph, though easily accessible hacks allow them to travel significantly faster — to wear helmets while riding.

The county-specific pilot program, which runs through 2029 under Assembly Bill 1778, went into effect July 1 in Tiburon and unincorporated Marin, including Strawberry. Belvedere’s ordinance takes effect July 9.

Violations of the Class-2 age restrictions and helmet rules would carry a $25 fine that starts getting issued 60 days after an ordinance goes into effect. However, for riders under age 16 who are cited on a Class-2 e-bike, their parents or guardians can complete an e-bike safety and training course within 120 days to avoid the fee. Any rider caught without a helmet, or parents and guardians if the riders are minors ages 16-17, can avoid the fine if they prove they have a legal helmet and complete a bike-safety course within 120 days of the citation.

A county-created informational sheet for Marin municipalities suggests law enforcement will issue citations for the age restriction as a secondary citation to more obvious traffic violations, such as failing to stop at a stop sign or riding without a helmet, instead of as a primary citation.

Under AB 1778, Belvedere, Tiburon and all other cities in the pilot program must report data to the state by Jan. 1, 2028. This includes the number of citations issued and traffic stops made to enforce the restrictions, as well as how many times an e-bike rider under age 16 caused a crash that led to death or serious injury, both after the ordinance’s adoption and in the six months prior.

The ordinance expires Jan. 1, 2029, though the rules could become permanent if California decides to enforce statewide regulations.

Appeals court clarifies cellphone law

A California appeals court ruled last month that a state law banning texting or talking on a cellphone while driving also prohibits holding a phone to look at a map while driving.

The California Court of Appeal’s Sixth Appellate District said June 3 that doing so goes against the current state law intended to reduce distracted driving by banning drivers from “operating” cellphones while using a vehicle.

“Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent,” the court ruled.

Tapping and swiping on a mounted phone is still permitted, the court ruled.

The decision came after Nathaniel Gabriel Porter was ticketed in Santa Clara County after looking at a mapping application while holding his phone and driving. Porter contested the ticket but lost his initial court appearance in 2023 and was ordered to pay the $158 fine.

He successfully appealed the decision to the appellate division of the Santa Clara County Superior Court, but the state appeals court disagreed and reversed the decision last month.

Other laws took effect July 1

Here are some of the other California laws that went into effect July 1:

Click-to-cancel: Assembly Bill 2863 requires companies offering subscription services to implement a “click-to-cancel” option to allow consumers to cancel a subscription as easily as they signed up for it.

The measure applies to subscriptions or agreements that automatically renew, continue until terminated or convert from free to paid automatically unless canceled.

In addition to a toll-free phone line, companies must provide an online option that enables customers to cancel by clicking on a link or sending a pre-formatted email.

The law also requires companies to send annual reminders with cancelation details and pricing information.

Fertility care: Most health insurance plans, both large and small group, must cover infertility and fertility care, including in vitro fertilization. Senate Bill 729 includes an exemption for religious employers.

Cleaning fees: Assembly Bill 2202 requires short-term rental platforms such as Airbnb to disclose cleaning fees and any penalties associated with failing to complete required cleaning tasks up front. Those who fail to comply could face a penalty of up to $10,000.

Student resources: All private and public schools serving students from seventh to 12th grade must feature the national suicide and crisis lifeline’s phone number, 988, on student ID cards under Senate Bill 1063. They can also include QR codes to local mental-health resources. Schools can continue to give out noncompliant cards until stock runs out.

Stolen goods on e-marketplaces: Assembly Bill 1144 requires sites like eBay and platforms like Facebook Marketplace to include policies that ban stolen goods from being sold on their platforms. The law also requires these online marketplaces to notify law enforcement if they find out a third-party seller is selling or trying to sell stolen goods.

Pet insurance: Senate Bill 1217 requires pet-insurance providers to disclose whether premium increases are due to an animal’s age or geographic relocation. Under the new law, policies must also state why preexisting conditions aren’t covered and include requirements on medical exams or waiting periods.

Streamlined housing approvals: Senate Bill 1123 expands eligibility for fast-track ministerial approval of housing developments to include vacant single-family lots up to 1½ acres.

Previously, the streamlined approval process only applied to lots zoned for multifamily housing. The law also clarifies that accessory dwelling units don’t count toward density limits and removes lot frontage requirements for qualifying projects.

Rental unit photography: Assembly Bill 2493 requires landlords who collect security deposits to photograph rental units at the start of new tenancies beginning July 1 or later.

Landlords must take photos immediately before or at the start of the tenancy, after the unit is returned and after any repairs are completed. The departing tenant must receive copies of all photographs. The law aims to reduce disputes over security-deposit deductions.