(A) Jurisdiction. The Municipal Court shall have jurisdiction over all traffic infractions arising under this code and the Model Traffic Code for Colorado municipalities, which has been adopted by reference herein, with power to assess and collect civil penalties, costs and enter judgments for violations thereof.
(B) Noncriminal traffic infractions. If the only violations charged constitute noncriminal traffic infractions, no warrant or arrest may issue. Instead the court may enter a judgment of liability by default against the defendant; assess any penalty and costs established by law; and report the judgment to the state motor vehicle division which may access points against the defendant’s driving privileges and may deny an application or renewal of a defendant’s driver’s license until the judgment and all other lawful costs are satisfied.
(C) Hearing. Every hearing upon a traffic infraction shall be held before the Municipal Court pursuant to applicable Municipal Court rules of procedure. Whenever an infraction and a misdemeanor are charged in the same summons and complaint, all charges may be adjudicated simultaneously as a criminal matter by the Municipal Court and the Municipal Court rules and procedures shall apply.
(D) Determination of Court. When the Municipal Court determines that a person charged with a misdemeanor is guilty of a lesser included traffic infraction, the court may enter a judgment as to such lesser charge.
(E) Burden of proof. The burden of proof for infractions shall be upon the town, and the court shall enter judgment in favor of the defendant unless the town proves the liability of the defendant beyond a reasonable doubt. The Town Attorney may, in his or her discretion, enter traffic infraction cases to engage in plea discussions or stipulations to deferred judgment and sentence but shall not be required to so enter. The Municipal Court Judge shall be permitted to call and question witnesses and shall also act as the fact finder at hearings on traffic infraction matters.
(F) Appeal. An appeal from a final judgment on an infraction shall be made in accordance with the Municipal Court rules of procedure.
(Ord. 2(1993) § 1)