CHAPTER 10 MOTOR VEHICLES AND TRAFFIC
ARTICLE 1 ADMINISTRATION AND ENFORCEMENT
PART 1 GENERAL PROVISIONS
SECTION:
10.1.101: Penalties
10.1.102: Procedures
10.1.103: Parties To A Crime
10.1.104: Offenses By Persons Controlling Vehicles
10.1.105: Presumption In Reference To Illegal Parking
10.1.106: Authority Of Officer At Scene Of Accident
10.1.107: Included Offenses
10.1.108: Losing Right Of Way
10.1.109: Conviction Record Inadmissible In Civil Action
10.1.110: Traffic Violation Not To Affect Credibility Of Witness
10.1.111: Illegal Cancellation Of Summons Or Notice
10.1.112: Garages To Report
10.1.113: Towing Companies To Report
10.1.114: Authority To Move Vehicles
10.1.115: Automated Vehicle Identification System (AVIS)
A. It shall be unlawful for any person to violate any of the provisions of this chapter.
B. Every person convicted of the violation of any provision of this chapter shall be punished as provided in section 1.1.201 of this Code, unless a different penalty is provided in the specific section or subsection setting forth the violation, or elsewhere in this code.
C. The Presiding Judge shall designate the specified offenses under this chapter for which payments of fines may be accepted by the violations bureau 1 and those parking violations for which penalty assessment notices may be issued, and shall specify by suitable schedules the amount of the fines for first, second and subsequent offenses, and shall further specify which offenses shall require appearance before the court. The Presiding Judge shall also designate costs to be assessed for late payment of penalty assessment notices. (1968 Code §6-1-4; Ord. 75-86; Ord. 77-171; Ord. 83-306; Ord. 88-205; Ord. 01-42; Ord. 10-47; Ord. 13-70; Ord. 24-33)
Notes
| 1 | 1. See part 4 of this article. |
A. The procedures contained in chapter 11 of this Code shall apply to offenses under this chapter unless otherwise provided.
B. Any person charged with a violation of this chapter included in the schedule promulgated in accord with subsection 10.1.101C of this part for which a fine may be paid in the violations bureau, shall have the option of paying the fine within the time specified upon entering a plea of guilty and upon waiving appearance in court. Acceptance of payment of the prescribed fine shall be deemed a complete satisfaction for the violation.
C. A police officer coming upon an unattended vehicle which is in apparent violation of any provision of this chapter, may place upon the vehicle a penalty assessment notice indicating the offense and directing the owner or operator of the vehicle to remit the penalty assessment provided for in the schedule promulgated by the Presiding Judge in accord with subsection 10.1.101C of this part to the Clerk of the Municipal Court, within seven (7) days. If the penalty assessment is not paid within seven (7) days of the issuance of the notice, the Clerk of the Municipal Court shall mail a notice to the registered owner of the vehicle, setting forth the offense and the time and the place where it occurred and directing the payment of the penalty assessment plus costs designated by the Presiding Judge in accord with subsection 10.1.101C of this part within twenty (20) days from the issuance of the notice. If the penalty assessment is not paid within twenty (20) days from the date of mailing of the notice, a member of the Police Department may temporarily immobilize the vehicle pursuant to subsection 10.25.101P of this chapter, or the Clerk of the Municipal Court in compliance with the Colorado Municipal Court Rules of Procedure or any other applicable law, shall cause to be issued and served upon the driver, registered owner or person in charge of the vehicle a summons and complaint to appear in court at a time and place. Nothing contained in this section shall preclude the impoundment of a vehicle pursuant to section 10.25.101 of this chapter.
D. Whenever a person is arrested for any violation of this chapter, the person shall be taken without unnecessary delay before a Municipal Judge in any of the following cases:
1. When the person is charged with an offense which caused or contributed to an accident resulting in serious personal injury or death to any person;
2. When the person does not furnish satisfactory evidence of identity;
3. When the person refuses to sign or promise to appear;
4. Whenever continued detention or posting of a surety bond by the accused person is necessary to prevent imminent bodily harm to the accused or to another;
5. When the person has previously failed to appear for trial for an offense concerning which the person had given a written promise to appear;
6. When there is an outstanding warrant for the person's arrest;
7. When the officer has reasonable grounds to believe the person will disregard a written promise to appear in court.
E. In the event that no Municipal Judge is available at the time that a person is taken into custody for the purpose of taking the person before the Municipal Court, there shall be established by the Presiding Judge a bail bond schedule and available personnel to accept adequate security for the bail bonds upon satisfaction of which the person charged shall be released from custody pending the person's required appearance before the court.
F. A written promise to appear in court may be complied with by an appearance of counsel, unless specifically provided for otherwise.
G. The procedure prescribed in this section shall not be exclusive of any other method prescribed by law for the arrest and prosecution for an offense of like grade. (1968 Code §6-1-5; Ord. 75-86; Ord. 85-263; Ord. 87-70; Ord. 87-202; Ord. 01-42)
Every person who commits, conspires to commit or aids or abets in the commission of any act declared in this chapter to be a crime, whether individually or in connection with one or more persons or as principal, agent or accessory, shall be guilty of the offense, and every person who falsely, fraudulently, knowingly, forcibly or wilfully induces, causes, coerces, requires, permits or directs another to violate any provisions of this chapter, is likewise guilty of the offense. (1968 Code §6-1-6; Ord. 75-86; Ord. 01-42)
A. It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of the vehicle upon a highway in any manner unlawful.
B. It shall be unlawful for any person who owns or who has control, possession or charge of any vehicle to permit the following persons to drive, have charge of, operate or control the vehicle:
1. Anyone whose operator's or chauffeur's license has been denied, canceled, suspended or revoked by any authority.
2. A person who does not have a current valid unexpired operator's or chauffeur's license.
3. Any person who has a fictitious or fraudulently altered operator's or chauffeur's license.
4. Any person who is under the influence of intoxicating beverages, narcotics or drugs.
5. Any person who has not yet reached the sixteenth anniversary of the person's birth.
6. Any person who is either physically or mentally disabled, injured or incapacitated, either temporarily or permanently, when incapacity interferes with the person's ability to operate a motor vehicle in a safe manner. (1968 Code §6-1-7; Ord. 75-86; Ord. 01-42)
In any prosecution charging a violation of the stopping, standing or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any regulation, together with proof that the defendant named in the complaint was at the time of parking a registered owner of the vehicle, shall constitute a prima facie presumption that the registered owner of the vehicle was the person who parked the vehicle at the point where, and for the time during which, the violation occurred. (1968 Code §6-1-8; Ord. 75-86; Ord. 01-42)
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