Department of Police Department and City Attorney’s Office
Reference: AN ORDINANCE ADDING ARTICLE 10-3 OF THE BRIGHTON MUNCIPAL CODE; REPEALING ARTICLE 10-4 OF THE BRIGHTON MUNICIPAL CODE; ADOPTING THE MODEL TRAFFIC CODE FOR COLORADO, 2024 EDITION; AND SETTING FORTH DELETIONS, MODIFICATIONS, AND ADDITIONS THERETO
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Sergeant Gregory Agho and Assistant City Attorney Michael Davis
Date Prepared: 1/21/2025
PURPOSE
City Council will consider adding Article 10-3, which adds the following traffic infractions: fictitious or improper license plates, violations relating to the number or display of license plates, driving without a valid driver’s license, and driving after revocation or suspension. City Council will also consider repealing Article 10-4 and replacing it with the Model Traffic Code, 2024 Edition.
BACKGROUND
Brighton Police Department officers are charged with the enforcement of state and local traffic laws within the City of Brighton’s jurisdiction and are authorized to issue traffic citations returnable to either the City’s Municipal Court or Adams County Court, depending on the nature of the violation. Currently, certain traffic-related infractions, including fictitious or improper license plates, violations relating to the number or display of license plates, driving without a valid driver’s license, and driving after revocation or suspension, are not within the jurisdiction of the City’s Municipal Court and cannot be charged in the Municipal Court. Rather, these infractions must be charged in County Court. This has resulted in situations where not all applicable or appropriate traffic violations are charged, or where cases are referred entirely to the County Court rather than the Municipal Court. The inability to charge all appropriate traffic violations in Municipal Court negatively impacts the City by reducing enforcement efficiency, limiting local adjudication, and affecting municipal revenue associated with traffic enforcement.
The City Council passed Ordinance #2407 adopting by reference the 2020 Model Traffic Code and addressing deletions, modifications, and additions to the Model Traffic Code on final reading on March 7, 2023. Since the passage of Ordinance #2407, the Colorado Department of Transportation has published a new version of the Model Traffic Code. The newest version, Model Traffic Code, 2024 Edition, is the most current version that can provide fundamental traffic regulation used to facilitate and regulate traffic within the City of Brighton. The Model Traffic Code, 2024 Edition promotes public health, safety, and welfare by having clear and consistent laws around traffic speeds and movement or parking of vehicles throughout the City. City Council is being asked to repeal the current version of Article 10-4 and adopt the Model Traffic Code, 2024 Edition by reference. City Council will set a public hearing for the second reading of the ordinance since this is a code the City is adopting by reference.
FINANCIAL IMPACT
There is no financial impact; however addition of Article 10-3 could generate additional revenue for the City.
STAFF RECOMMENDATION
The Brighton Police Department and the City Attorney’s Office recommend adding Article 10-3; repealing Article 10-4; and adopting Model Traffic Code, 2024 Edition and setting out the deletions, modifications, and additions thereto.
OPTIONS FOR COUNCIL CONSIDERATION
Approve the Ordinance in the form presented;
Approve the Ordinance with specific changes;
Deny the Ordinance; or
Continue the item to be heard at a later, specified date.
ATTACHMENTS
Draft Ordinance
City Staff Presentation
Notice of Hearing