Body
Department of Municipal Court
Reference: To repeal Brighton Municipal Code (BMC) 9-12-20 regarding the charge of trespass and to amend as subsection of 9-12-10(c); amend section 9-16-20 disorderly conduct; amend section 9-16-40(a)(4) & (c) harassment; repeal and reenact 9-16-51 public indecency, 9-16-52 indecent exposure & 9-16-53 public urination and defecation
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Michelle Ramos, Court Administrator
Date Prepared: November 5, 2014
PURPOSE: To Amend by Ordinance the Brighton Municipal Code Section 9-12-20 to omit limitations on the municipal court when imposing sanctions for violations of trespass; to amend and adopt 9-16-20 disorderly conduct setting forth what constitutes disorderly conduct; to adopt subsections 9-16-90(a)(4) and (c) to address electronic forms of harassment; to repeal and reenact 9-16-51 public indecency, 9-16-52 indecent exposure, and 9-16-53 public urination & defecation.
BACKGROUND:
Section 9-12-20 of the BMC sets the current penalty provisions for the charge of Trespass which unduly limits the discretion of the Municipal Court.(1st offense fine $25.00 -$300.00, no jail) Amending this section to allow the provisions of section 1-24-10 to be applicable would provide the appropriate penalties and discretion which should be applied to trespass violations in the City of Brighton.
Section 9-16-20 of the BMC is vague, outdated and open to interpretation of the officer, defendant, court, and city prosecutor. The amendment to this ordinance would present to the Brighton Police Department, the Court, and the City Prosecutor a clearer standard of the charge of Disorderly Conduct and would track the language of the state statute for this charge.
Amending section 9-16-90 of the BMC in reference to Harassment to include communication by electronic devices is a necessary reflection of the growing usage of electronic media, cell phones, and the internet. This amendment affords the Brighton Police Department the opportunity to accurately cite a defendant for a crime which would involve modern technology in the interest of public safety.
The BMC sections 9-16-51 public indecency and 9-16-52 indecent exposure currently limits the exposure of a person in public or in public view. To repeal and reenact these sections would cover situations outlined in C.R.S 18-7-302, which addresses exposure under circumstances which cause affront or alarm. This exposure could occur in a private place. (example: Defendant hired cleaning crew to clean his home and was exposing himself to the ladies as they worked.)
The amendment to 9-16-53 public urination and defecation would add the possibility that the act could reasonably be seen by members of the public.
FINANCIAL IMPACT
N/A
OPTIONS FOR COUNCIL CONSIDERATION
1) Approve
2) Not approve