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§ 7-2A-3 CONVICTION; PENALTY.
   (A)   Conviction. Except as provided in § 7-2A-4(A) of this article, every person who is convicted of, who admits liability for, or against whom a judgment is entered for commission of a traffic infraction shall be fined or penalized as set forth in the penalty assessment schedule as adopted and amended from time to time by the town; or, if no penalty is specified therein, the penalty shall be $15. These penalties shall apply whether the defendant acknowledges guilt or liability, is found guilty or liable by a court of competent jurisdiction, or has judgment entered against said defendant by the Municipal Court.
   (B)   Penalty. Except as provided in subsection (A) of this section, traffic infractions shall be subject to a minimum penalty of $5 and a maximum penalty of $100 which is authorized upon entry of judgment against the defendant.
(Ord. 2(1993) § 1)
§ 7-2A-4 PENALTY ASSESSMENT.
   (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)
§ 7-2A-5 MUNICIPAL COURT JURISDICTION.
   (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)
§ 7-2A-6 COLLATERAL ATTACKS.
   (A)   Time limit. Except as otherwise provided in this section, no person against whom a judgment has been entered for an infraction shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of judgment.
   (B)   Litigation of stale claims; exceptions to time limitations. In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various ordained provisions and statutes directed at repeat offenders, former offenders and habitual offenders, the only exceptions to the time limitations specified in subsection (A) of this section shall be:
      (1)   A case in which the Municipal Court of the town did not have jurisdiction over the subject matter of the alleged infraction;
      (2)   A case in which the Municipal Court of the town did not have jurisdiction over the person of the violator;
      (3)   Where the Municipal Court of the town, after hearing the collateral attack, finds by a preponderance of evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a mentally ill person; or
      (4)   Where the Municipal Court of the town, after hearing the collateral attack, finds that the failure to seek relief within the applicable time period was a result of circumstances amounting to justifiable excuse or excusable neglect.
(Ord. 2(1993) § 1)
§ 7-2A-7 PENALTY ASSESSMENT NOTICES.
   (A)   Notice issued. At the time a person is charged with a traffic infraction, the police officer shall issue or tender the defendant a penalty assessment notice.
   (B)   Information required. The penalty assessment notice shall be signed and served on or tendered to the defendant by a peace officer and shall contain the name and address of the defendant; the license number of the vehicle involved, if any; the number of defendant’s driver’s license, if any; a citation of the Model Traffic Code or ordinance section alleged to have been violated; a brief description of the infraction; the date and approximate location thereof, the amount of penalty prescribed; the number of points, if any, prescribed for such infraction pursuant to C.R.S. § 42-2123; and the date the penalty assessment notice is served on the defendant.
   (C)   Court appearance required if penalty not paid. The notice shall direct the defendant to appear in the Municipal Court on a specified date, time and place in the event the prescribed penalty is not paid, shall be signed by the peace officer, and shall contain a place for the defendant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty on or before the appearance date. The notice shall also contain any additional information which shall be required by law to convert the penalty assessment notice into a summons and complaint should the penalty not be paid within the time allowed.
   (D)   Copies sent. One copy of the penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the Chief of Police and such other copies as may be required by the Municipal Court and Town Attorney.
   (E)   Time limit. The time specified in the summons portion of the penalty assessment notice shall be at least 30 days and not more than 90 days after the date the penalty assessment notice is served, unless the defendant shall demand an earlier hearing.
   (F)   Refusal to accept service of notice. Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant.
(Ord. 2(1993) § 1)
§ 7-2A-8 FAILURE TO PAY PENALTY; PROCEDURES.
   (A)   The fine or penalties specified in the penalty assessment notice may be paid at the office of the Clerk of the Municipal Court, either in person or by mail, before the appearance date specified on the penalty assessment notice. If a person pays the fine and surcharge for the violation before the appearance date, the points assessed for the violation are reduced as follows:
      (1)   For a violation having an assessment of three or more points under C.R.S. § 42-2-127(5), as amended, the points are reduced by two points; and
      (2)   For a violation having the assessment of two points under C.R.S. § 42-2-127(5), as amended, the points are reduced by one point.
   (B)   If the defendant fails to pay the penalty on the penalty assessment notice on or before the appearance date, then said defendant shall appear at the Municipal Court on the date and time specified in the notice and answer the complaint against him or her. If the defendant answers that he or she is liable or if he or she fails to appear for the hearing, judgment shall be entered against said defendant.
   (C)   If the defendant denies the allegations in the notice or complaint, a final hearing shall be held subject to the provisions of the Colorado Municipal Court Rules of Procedure, regarding a speedy trial. If the defendant is found guilty or liable or if he or she fails to appear at such final hearing, judgment shall be entered against said defendant.
   (D)   If judgment is entered against a defendant, he or she shall be assessed an appropriate penalty plus applicable court costs. The penalty shall be no more than the amount specified in the penalty assessment notice.
   (E)   A defendant’s failure to appear upon a penalty assessment notice for a traffic infraction shall not constitute a criminal offense.
   (F)   If the defendant fails to satisfy the judgment in the time allowed, such failure shall be treated as a default. In addition to the procedure of notification to the State Motor Vehicle Division of such default pursuant to this title, the Town Attorney is hereby authorized to file a civil action with any state court having appropriate jurisdiction, which filing shall include the record of the case certified by the Clerk of the Municipal Court, praying for judgment based thereon. Upon the entry of such judgment the Town Attorney shall be authorized to proceed with all judgment execution and collection procedures authorized by law for the amount of the judgment, costs, legal interest and fees incurred in the proceedings.
(Ord. 2(1993) § 1; Ord. 37(2003) § 1)
§ 7-2A-9 VIOLATIONS.
   Except as otherwise provided in § 7-2A-1 of this chapter, any person violating provision of this title shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with § 1-4-1 of this code unless a different penalty is provided in this title for violation of a particular provision.
(Ord. 2(1993) § 1)
§ 7-2A-10 FAILURE TO APPEAR.
   No punishment shall be imposed upon a defendant who fails to appear or fails to satisfy a judgment for any noncriminal traffic infraction but judgment costs and interest and other civil remedies may be assessed for failure to satisfy a judgment for noncriminal traffic infractions, in accordance with the penalty assessment schedule of the town, as the same may be amended from time to time; and the town shall report the judgment to the State Motor Vehicle Division which may assess points against the defendant’s driving privilege and may deny an application for renewal of a defendant’s driver’s license until the judgment and all other lawful costs are satisfied.
(Ord. 2(1993) § 1)
§ 7-2A-11 JURY TRIAL.
   (A)   No defendant shall have a right to a trial by jury for any noncriminal traffic infraction.
   (B)   In the event that the defendant is charged with more than one traffic offense arising out of the same incident and at least one of the charged offenses is a criminal traffic infraction, as defined in this title, or if the defendant is charged with any other criminal violation arising out of the same incident, the defendant shall have the right to demand and, if such demand is in conformance with state law and this code, receive a trial by jury as to all such offenses, which shall be consolidated for purposes of trial.
(Ord. 2(1993) § 1)
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