File #: ID-64-23    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 2/22/2023 In control: City Council
On agenda: 3/21/2023 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO, AMENDING ARTICLE 9 OF THE BRIGHTON MUNICIPAL CODE TO UPDATE HARASSMENT LANGUAGE, INCREASE THE VALUE LIMIT FOR THEFTS, CLARIFY TRESPASS, AND ADD COMPARABLE STATE LANGUAGE FOR INTERFERING WITH A POLICE OFFICER
Attachments: 1. Muni Ordinance Final, 2. CAO PPT Muni Ordinance Update_Final2, 3. 64 PPT

Department of the City Attorney’s Office

Reference:                     Ordinance Amending Article 9 of the Brighton Municipal Code

 

To:                                                               Mayor Gregory Mills and Members of City Council

Through:                                          Michael P. Martinez, City Manager and Alicia Calderón, City Attorney

Prepared By:                                          Michael Davis, Assistant City Attorney

Date Prepared:                     February 16, 2023

 

PURPOSE

 

To clean up sections of the Brighton Municipal Code (“BMC”) that no longer reflect current practice or that are outdated or incorrect.

 

BACKGROUND

 

On March 22, 2022, the Colorado Supreme Court held the phrase “intended to harass” in Section 18-9-111(1)(e), C.R.S., to be unconstitutionally overbroad.  People v. Moreno, 506 P.3d 849, 857 (Colo. 2022).  The harassment section of the BMC, Section 9-16-90(a)(4), includes the unconstitutionally overbroad phrase “intended to harass.”  The ordinance removes the unconstitutionally overbroad language.

 

Additionally, the City has an overriding interest in prohibiting unlawful motor vehicle, motor home, trailer home, or trailer trespasses, regardless of the defendant’s intent or the location of the motor vehicle, motor home, trailer home, or trailer.  The trespass section of the BMC, Section 9-12-10(b)(3), is confusing, does not support the City’s goal of deterring individuals from trespassing, and could lead to absurd results by allowing a defendant to enter into another person’s motor vehicle, motor home, trailer home, or trailer if the motor vehicle, motor home, trailer home, or trailer is on the defendant’s property even if the defendant did not have permission to enter the motor vehicle, motor home, trailer home, or trailer, and by allowing a defendant to argue that their intent to commit another crime negates the City’s ability to prosecute the trespass charge.  This ordinance deletes subsection 9-12-10(b)(3) in its entirety.

 

Additionally, the cost of goods has increased since the theft section of the BMC, Section 9-12010(b)(3) was last amended.  Because thefts are a major concern for the City and because the City has a desire to protect the citizens of the City from thefts, the ordinance raises the municipal court’s jurisdictional authority to hear cases involving thefts from one thousand dollars up to two thousand dollars. 

 

Finally, pursuant to Section 16-4-113(2)(b), C.R.S., a municipal court is prohibited from imposing a monetary condition of release for a defendant charged with a municipal offense for which there is no comparable state misdemeanor offense that does not have substantially similar elements to a state misdemeanor offense.  Brighton Municipal Code Section 9-4-40, interfering with arresting police officer, has no comparable state misdemeanor offense because the elements under BMC Section 9-4-40 are not substantially similar Section 16-4-113(2)(b), C.R.S.  This ordinance makes Section 9-4-40 substantially similar Section 16-4-113(2)(b), C.R.S., and thus grants the municipal court the power to issue a monetary condition on the defendant’s release.

FINANCIAL IMPACT

 

None

 

STAFF RECOMMENDATION

 

The City Attorney’s Office recommends adopting the ordinance as written.

 

OPTIONS FOR COUNCIL CONSIDERATION

 

Approve the Ordinance as drafted;

Amend the Ordinance;

Deny the Ordinance as drafted; or

Continue the item to be heard at a later, specified date.

 

ATTACHMENTS

 

Ordinance

Staff Presentation