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To clean up sections of the Brighton Municipal Code (“BMC”) that no longer reflect current practice or that are outdated or incorrect.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