(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)