Body
Department of Municipal Court
Reference: To repeal Brighton Municipal Code (BMC) 9-12-20 regarding the charge of trespass and to amend as subsection of 9-12-10(c); amend section 9-16-20 disorderly conduct; amend section 9-16-40(a)(4) & (c) harassment; repeal and reenact 9-16-51 public indecency, 9-16-52 indecent exposure & 9-16-53 public urination and defecation
To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Michelle Ramos, Court Administrator
Date Prepared: November 5, 2014
PURPOSE: To Amend by Ordinance the Brighton Municipal Code Section 9-12-20 to omit limitations on the municipal court when imposing sanctions for violations of trespass; to amend and adopt 9-16-20 disorderly conduct setting forth what constitutes disorderly conduct; to adopt subsections 9-16-90(a)(4) and (c) to address electronic forms of harassment; to repeal and reenact 9-16-51 public indecency, 9-16-52 indecent exposure, and 9-16-53 public urination & defecation.
BACKGROUND:
Section 9-12-20 of the BMC sets the current penalty provisions for the charge of Trespass which unduly limits the discretion of the Municipal Court.(1st offense fine $25.00 -$300.00, no jail) Amending this section to allow the provisions of section 1-24-10 to be applicable would provide the appropriate penalties and discretion which should be applied to trespass violations in the City of Brighton.
Section 9-16-20 of the BMC is vague, outdated and open to interpretation of the officer, defendant, court, and city prosecutor. The amendment to this ordinance would present to the Brighton Police Department, the Court, and the City Prosecutor a clearer standard of the charge of Disorderly Conduct and would track the language of the state statute for this charge.
Amending section 9-16-90 of the BMC in reference to Harassment to include communication by electronic devices is a necessary reflection of the growing usage of elect...
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