(A) It is unlawful for any person to violate any of the provisions of this Article of this Chapter for which no specific penalty has been provided or for which the sole penalty provided is a fine, which violations are hereby deemed traffic infractions. All provisions of the Model Traffic Code (referenced in Section 70.01 above and as the same may be from time to time republished) which have been deemed “traffic infractions” in identical substantive provisions of Title 42, C.R.S., are hereby deemed traffic infractions under this Chapter and are thereby “decriminalized.” (Reference is made to the “common code” appendix to Title 42, C.R.S., published by Bradford Publishing Co., 1741 Wazee Street, Denver, Colorado 80202 [and as the same may be from time to time amended] for classification and compilation of such traffic infractions.) A traffic infraction shall be a civil matter for which punishment by imprisonment shall not be available, and for which a penalty assessment notice shall be issued. Every person who is convicted of a traffic infraction is subject to a penalty of at least ten dollars ($ 10.00), but not more than three hundred dollars ($300.00) for a first offense within any twenty-four-month period, exclusive of any court costs and surcharges.
(B) For any violation of any provision of this Title VII which is a traffic infraction, no trial by jury shall be available, no arrest warrant shall be issued for failure to appear or to pay, no privilege against self-incrimination shall apply, the standard of proof shall be a preponderance of the evidence, and the conduct of all proceedings applicable to such a violation shall otherwise be in conformity with those generally applicable to civil matters.
(C) For any violation of any provision of this Title VII which is a traffic infraction, the Municipal Court may enter a judgment of liability by default against the defendant for failure to appear or to pay, and may assess such penalty, together with such court costs and surcharges, as are established by law. The Municipal Court may establish, by written order, rules and regulations for the administration of any violation of this Title VII which is a traffic infraction, including but not limited to schedules establishing the amount of penalties payable without a court appearance. The Municipal Court will utilize Colorado State procedures for any penalty assessment notice which constitutes a traffic infraction. Any penalty assessment notice which is paid within twenty (20) days of issuance of said notice shall result in the following reduction in points:
(1) A four-point or three-point violation will be reduced to a two-point violation.
(2) A two-point violation will be reduced to a one-point violation.
(D) It is unlawful for any person to violate any of the following provisions of this Chapter, which violations are hereby deemed not to be traffic infractions. Every person convicted of a violation of the following provisions of this Chapter shall be punished by a fine not exceeding three hundred dollars ($300.00), exclusive of any court costs and surcharges, or by imprisonment not exceeding ninety (90) days, or by both such fine and imprisonment:
(1) Section 107 of the Model Traffic Code, Obedience to police officers.
(2) Section 1101 of the Model Traffic Code, where the speed as driven is twenty (20) miles per hour or more over the lawful speed.
(3) Section 1103 of the Model Traffic Code, Minimum speed regulation.
(4) Section 1105 of the Model Traffic Code, Speed contest.
(5) Section 1401 of the Model Traffic Code, Reckless driving.
(6) Section 1402 of the Model Traffic code, Careless driving.
(7) Section 1409 of the Model Traffic Code, No insurance.
(8) Section 1413 of the Model Traffic Code, Eluding or attempting to elude a police officer.
(9) Section 1903 of the Model Traffic Code, Stopping for school buses.
(10) Any injury accident.
(11) Any single offense over four (4) points.
(12) Noninjury accidents where estimated damage exceeds two thousand dollars ($2,000.00).
(Ord. 2022-2, passed 11-10-2022)