City Attorney’s Office, Economic Development Department, City Clerk, and Police Department
Reference: Municipal Code Updates
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: May 2, 2025
PURPOSE
To provide an overview of three upcoming proposed ordinances involving lodging tax, elections, and fireworks.
BACKGROUND
The City Council changed the process for distribution of lodging tax funds in October of 2023 to directly allocate 50% each of the annual appropriation to the Economic Development Department and the Communications and Engagement Department. No change is being suggested for the amount of the allocation, fifty percent to each. However, the Economic Development Department often has expenditures that are really for the Economic Development Corporation, like subscriptions. In order to clarify and simplify the process, the code would be updated to directly allocate to the Economic Development Corporation directly rather than the Economic Development Department. Another change proposed is to allow the City Council to directly allocate lodging tax reserves. For example, this year the City is funding half of the CEO position for the Brighton Chamber of Commerce. The amendment clarifies that budgeted expenditures are based on projected revenues for the upcoming fiscal year and allows City Council to determine how to spend significant fund reserve balance.
The second proposed ordinance will amend the Brighton Municipal Code (“Code”) to align with state statutes for municipal candidate petitions. Currently the Code allows candidates for Mayor or Council to circulate nomination petitions until the 57th day prior to the election. State statutes require that these be completed by the 71st day prior to the election. The Code change will adopt the 71st day prior to the election as the date that candidate petitions must be done circulating.
Lastly, the Code currently requires a permit for temporary fireworks stands. Updates to the Code will not change the requirement for a permit, but it would change the definition of what is a firework. The update adds a definition for authorized officer to include code enforcement officers to enforce this portion of the Code. The updated definition of fireworks is more inclusive, and possessing, storing, handling, exploding or using fireworks anywhere in the City would be unlawful. A new section is being added to allow officers to seize or remove fireworks from anyone violating the Code. Finally, mandatory penalties are being added. For a first offense, the mandatory penalty would be a minimum fine of $1,500 or $500 plus twenty hours of community service. A second offense within two years would carry a mandatory penalty of $2,000 or $1,000 with 40 hours of community service, and a third violation would be a mandatory minimum sentence of a $2,500 fine.
ATTACHMENTS
Presentation