City Attorney’s Office
Reference: Amend Article 8-28 of the Municipal Code Regarding Fireworks
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Michael Davis, Assistant City Attorney & Sean Moleski, Sergeant
Date Prepared: May 15, 2025
PURPOSE
To approve an ordinance amending Article 8-28 of the City of Brighton Municipal Code.
BACKGROUND
In 2024, the Denver metropolitan area saw a record-breaking number of fires that were caused by fireworks. The City of Brighton has an overriding interest in prohibiting the illegal storage, sale, use, and possession of illegal fireworks since the unlawful possession, manufacture, storage, sale, handling, discharge, and use of fireworks within the City poses a substantial and direct risk to the public’s health, safety, and welfare, including a risk of injury, death, and property damage, and threatens to diminish the quality of life of the City’s residents. However, the City’s fireworks code has not been updated since 2009.
This Ordinance updates the City’s fireworks code by making sure all references to state statutes are to their current versions. Additionally, the Ordinance grants code enforcement officers the authority to seize illegal fireworks. It also provides Brighton residents with a clear definition of what conduct relating to fireworks is prohibited within the City. And finally, the Ordinance provides a deterrent to future illegal firework use by creating mandatory minimum penalties for adult offenders.
City Council considered these changes at a study session on May 13, 2025. Based on the feedback from City Council, the definition for fireworks and what is permissible has not been changed.
FINANCIAL IMPACT
There is no financial impact to the City.
STAFF RECOMMENDATION
Staff recommends the adoption of the ordinance to amend Article 8-28 of the Brighton Municipal Code.
OPTIONS FOR COUNCIL CONSIDERATION
1) Approve the Ordinance as written
2) Deny the Ordinance
3) Modify the Ordinance
4) Continue the item to a future date for consideration
ATTACHMENTS
1. Ordinance
2. Redline of the Changes
3. PowerPoint