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 Calder?n, 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To clean up sections of the Brighton Municipal Code ("BMC") that no longer reflect current practice or that are outdated or incorrect.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...
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