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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO, REPEALING THE BRIGHTON MUNICIPAL CODE SECTION 9-12-20.
VIOLATION AND PENALTY FOR TRESPASS AND ADOPTING A NEW
SUBSECTION 9-12-10(c)SETTING PENALTIES FOR TRESPASS VIOLATIONS IN ACCORDANCE WITH ARTICLE 1-24 GENERAL PENALTY; ADOPTING SECTION 9- 16-20 DISORDERLY CONDUCT SETTING FORTH WHAT CONSTITUTES DISORDERLY CONDUCT; AND ADOPTING SUBSECTIONS 9-16-90(a)(4) and (c) HARASSMENT TO INCLUDE ELECTRONIC FORMS OF HARASSMENT; REPEALING AND REENACTING OR AMENDING SECTIONS 9-16-51. PUBLIC INDECENCY, 9-16-52. INDECENT EXPOSURE, AND 9-16-53, PUBLIC URINATION AND DEFECATION: AND, SETTING FORTH DETAILS IN RELATION TO THE FOREGOING.
ORDINANCE NO. 2183
INTRODUCED BY: Kniss
WHEREAS, the current penalty provisions related to defendant convicted of or pleading guilty to trespass violations unduly limit the discretion of the Municipal Court to determine the appropriate penalties for such trespass violations ; and
WHEREAS, the penalty and other provisions of Article 1-24. General Penalty of the Brighton Municipal Code provide the appropriate penalties and discretion afforded the Municipal Court and should be made applicable to trespass violations; and
WHEREAS, the City has an overriding interest in prohibiting conduct or speech which incites others to unlawful conduct or provokes retaliatory action amounting to a breach of the peace and clear enough in its prohibitions that people of common intelligence need not guess at its meaning; and
WHEREAS, the provisions prohibiting harassment should include electronic means of communication over and beyond the telephone; and
WHEREAS, the commission of acts constituting indecency, indecent exposure, and public urination and defecation that occur in such a manner and place should be prohibited whether in a public place or where the conduct may reasonably be expected to be viewed by members of the public; and
WHEREAS, the City Council finds and determines that the additions and amendments to the Brighton Municipal Code set forth in this ordinance are necessary for the protection of the public health, safety and welfare and are within the constitutional protections of free speech.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BRIGHTON, COLORADO, AS FOLLOWS:
Section 1. Section 9-12-20. Violation and penalty for trespass of the Brighton Municipal Code is hereby repealed.
See. 9 12 2(). VielatieR amf peRalty fer tre8f>ass.
(a) A pe::seR wile is feumi guilty er eRters a plea ef gu.iJ.ty er Re.'e eeRteRcler:e to
•.1e/ating SeetieR 9 12 1() sllai! ee pooisllefl as fe//ews:
(1) Fer tile first effeRse, a fiRe ef Ret .'ess tilaR tweRty fi•1e fle/lars ($2§. ()()) Rer
mere tilaR three iluRflrefl flellars ($3()(). ()Q); (2) ,!;.er tile seeeRfl effeRse eemmittefl wffiliR five (§) years ef a first effeRse, a fiRe ef Ret .'ess tilaR fifty fie/la.cs ($§(). ()Q) Rer mere tilaR three iluRflrefl flel/ars ($3()(),()Q); (3) Fer tile tllirfi aRfl ail suesef!/JeRt effeRses eemmittefl wit/J,i/1 fi•,r.e (§) years ef tile first effeRse, a miRimum peRalty ef a three iluRflrefl fle.'.'ar fiRe. (13) Tile miRimum fiRes impesefl t>y this SeetieR shall ee maRflatory aRfl tile Ceurt
slla.'/ Ret SIJSf!eRfl a fiRe, ,i/1 wlle.'e er iR part.
Section 9-12-10. Acts constituting trespass is amended by the addition of a new subsection (c) to read as follows:
(c) A person who is found guilty or enters a plea of guilty or nolo contendere to
violating this Section 9-12-10, as the same may be amended, shall be punished as provided in Article 1-24. General penaltv of this Code.
Section 2. Section 9-16-20 Disorderly conduct of the Brighton Municipal Code is hereby repealed and reenacted in its entirety to read as follows:
Sec. 9-16-20. Disorderly conduct.
It is i.mlawflll for any iiersen to Elist1Jrl:l or to tend to Elistllrl:l iieaee of others l:ly violent, t1Jrn1Jlt1Jo1Js, offensive or ol:lstreiierolls eonElllet, l:ly lollEI or llnllsllal noises l:ly 1Jnseernly, iirofane, ol:lseene or offensive langllage ealelllateEI to iirovoke a l:lreael:i of the iieaee; or l:ly assa1Jlting, striking or fighting another; or for any iierson to iierrnit any SllGR eonElllet in any ho1Jse or ll!JOn any iirernises o•NneEl or iiossesseEl l:ly hirn or her or llnEler his or l:ier rnana!:lernent or control, 'Nhen the iirohil:lition of SllGh aets is within his or her iiower to iirevent, so that others in the vicinity are or rnay l:le Elist1Jrl:leEI therel:ly.
(1) A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly: (a) Makes a coarse and obviously offensive utterance, gesture, or
display in a public place and the utterance, gesture, or display tends to incite an
immediate breach of the peace; or
(b) Makes an unreasonable noise in a public place near a private residence that he or she has no right to occupy, which, under all of the circumstances presented, would cause a person of ordinary sensitivities significant annoyance and irritation; or
the public: t++-Jl.n act of sexual intercourse; Rt-A lmNd exposure of the body done with the intent to arouse or to satisfy the sexual desire of any person; or (3) A lewd fondling or caress of the body of another person.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) A lewd exposure of an intimate part of the body as defined herein, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(c) A lewd fondling or caress of the body of another person; or
(d) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(2) "Intimate parts" means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
Sec. 19-16-52. Indecent exposure.
It is unlawful in a public place or where the conduct may reasonably be expected to be vie•NOd by members of the public for any person to knowingly expose his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(1) A person commits indecent exposure:
(a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person; or
(b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
(2) For purposes of this section, "masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.
Sec. 9 - 16-53. Public urination and defecation.
It is unlawful for any person to urinate or defecate in any public place where such conduct is likely to be vie\Ned by any other person OR WHERE THE CONDUCT MAY REASONABLY BE EXPECTED TO BE VIEVVED BY MEMBERS OF THE PUBLIC and causes affront or alarm to such other person. It shall not be an offense under this Soction if such urination and defecation is done in a public place designated for such purposes.
Section 5. Purpose. The purpose of this Ordinance is to provide for the health , safety and welfare of the people.
Section 6. Repeal. Existing or parts of ord inances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed , except that this repeal shall not affect or prevent the prosecuti on or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance
Section 7. Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid.
Section 8. Interpretation. This Ordinance shall be so interpreted and construed as to effectuate its general purpose.
INTRODUCED, PASSED ON FIRST READING AND ORDERED PUBLISHED THIS
15th DAY OF November, 2014.
CITY OF BRIGHTON, COLORADO
Richard N. Mclean, Mayor
ATTEST:
~ <lL ~ ~ Natalie Hoel, City Clerk
