(A) Schedule. The town’s adopted penalty assessment schedule shall not apply when the provisions of subsection (B)(3) of this section prohibit the issuance of a penalty assessment notice.
(B) Notice.
(1) At any time that a person is charged with the commission of a traffic infraction, the peace officer shall, except when the provisions of subsection (B)(3) of this section prohibit it, give a penalty assessment notice to the defendant. Such penalty assessment notice shall contain all the information required by § 7-2A-7 of this article. The peace officer shall advise the person cited of the points to be assessed in accordance with applicable state law. The penalty specified in the penalty assessment schedule for the violation charged may be paid at the office of the Municipal Court Clerk, either in person or by postmarking such payment within 20 days from the date the penalty assessment notice is served upon the defendant. Acceptance of a penalty assessment notice and payment of the prescribed penalty thereon to the Municipal Court shall be deemed a complete satisfaction for the violation. Checks tendered by the defendant to and accepted by the Municipal Court and on which payment is received by the Municipal Court shall be deemed sufficient receipt.
(2) Should the defendant charged with a traffic infraction accept the penalty assessment notice but fail to post the prescribed penalty thereon within 20 days thereafter, said defendant shall be allowed to pay such penalty, plus court costs, to the Clerk of the Municipal Court prior to the time for appearance as specified in the notice. If the penalty, and court costs, are not timely paid, the case shall thereafter be heard in the Municipal Court in accordance with applicable Municipal Court rules of procedure. In such case, the maximum penalty which may be imposed shall not exceed the penalty set forth in the penalty assessment schedule.
(3) The penalty assessment schedule shall not apply to traffic infractions specified in the schedule when it appears that:
(a) The alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or an injury or death to any person; and
(b) The defendant is charged with two or more violations, arising out of the same transaction, any one of which is a criminal violation requiring a court appearance. In such cases, the procedures for criminal violations shall apply.
(4) In all cases where subsection (B)(3) of this section prohibits the issuance of a penalty assessment notice, the penalty contained in the schedule shall be inapplicable.
(Ord. 2(1993) § 1)