Sec. 8-1-60. Penalty assessment.
(a) Notice. A peace officer shall issue a penalty assessment notice for all traffic infractions under the MTC, as amended, with exceptions noted below. At the time that a peace officer issues a summons for an alleged criminal violation of any section of the MTC which is listed in the schedule set forth in Subsection (c) below, the peace officer may offer a penalty assessment notice. No person shall be entitled to elect to pay a penalty assessment under Subsection (b) below unless an offer of a penalty assessment notice has been made under this Subsection.
(1) Damage or injury. Notwithstanding Subsection (a) of this Section, no penalty assessment notice shall be offered when the alleged violation has caused, or contributed to the cause of, an accident resulting in more than fifty dollars ($50.00) in damage to property or in any injury, including death, to any person;
(2) Outstanding judgment. Notwithstanding Subsection (a) of this Section, no penalty assessment shall be offered when the peace officer issuing the summons knows, or reasonably believes, that the alleged violator or vehicle has been involved in a criminal violation of any law of the Town for which there has been a conviction in a court of competent jurisdiction, and for which the sentence or judgment (be it fine or imprisonment) remains as yet unsatisfied.
(b) Election. Any person offered a penalty assessment notice under Subsection (a) above may elect to pay the penalty assessment instead of proceeding to hearing or trial on the alleged violation. The amount of the penalty assessment shall be as provided in the schedule set forth in Subsection (c) below. Payment of a penalty assessment constitutes complete satisfaction of the alleged violation if the prescribed payment is received at Town Hall by 5:00 p.m. on the day prior to the court date specified on the penalty assessment notice. Payment of a penalty assessment constitutes an acknowledgment of liability for the violation described in the summons or citation. If the person offered a penalty assessment notice elects not to make full and timely payment thereunder, an action on the alleged violation shall proceed as otherwise provided by law.
(c) Schedule. The following schedule sets forth the penalty assessments which may be offered for traffic violations of the MTC. In the event a penalty assessment is not paid prior to the court hearing, the penalty assessment shall double. If penalty assessment for violation of other sections is not listed it shall be as prescribed in 42-4-1701, C.R.S.
SCHEDULE OF PENALTY ASSESSMENTS | |||
---|---|---|---|
Class A and Class B traffic infractions incur a $30 minimum penalty. | |||
Class 1 and Class 2 traffic offenses incur $600 and $300 minimum penalties respectively. | |||
Class A, Class 1 and Class 2 traffic offenses incur driver license points. | |||
All penalty assessments double on default pursuant to Section 8-1-60(c). | |||
All penalty assessments double in construction zones pursuant to Section 8-1-50 (1) (ii) | |||
Part 1: Traffic Regulation Generally | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 107 | Obedience to officers | Summons | 2 |
Sec 109 Except (6.5) | Operation of low power scooters | $30.00 | B |
Sec 109 (6.5) | Low power scooter – helmets required – under 18 yrs of age | $100.00 | A |
Sec 109.7 | Low speed electric vehicles | $30.00 | B |
Sec 116 | Restrictions for minor drivers (noncriminal) | Summons | A |
Sec 117 | Personal mobility devices or EPAMD | $30.00 | B |
Part 2: Equipment | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 201 | View obstructions | $70.00 | A |
Sec 202 | Unsafe Vehicles | $70.00 | A |
Sec 204 | When lighted lamps required | $30.00 | A |
Sec 205 | Head lamps on motor vehicles | $30.00 | B |
Sec 206 | Tail lamps and reflectors | $30.00 | B |
Sec 207 | Clearance and side lamps/reflectors | $30.00 | B |
Sec 208 | Stop lamps and turn signals | $30.00 | B |
Sec 209 | Lamps or flags on projecting loads | $30.00 | A |
Sec 210 | Lamps on parked vehicles | $30.00 | B |
Sec 211 | Lamps on other equipment | $30.00 | B |
Sec 212 | Spot and auxiliary lamps | $30.00 | B |
Sec 213 | Emergency vehicle audible and visual signals | $30.00 | A |
Sec 214 | Visual signals on service vehicles | $30.00 | B |
Sec 215 |
Additional lighting equipment | $30.00 | B |
Sec 216 | Multiple-beam road lights | $30.00 | B |
Sec 217 | Use of multiple-beam lights | $30.00 | A |
Sec 218 | Single-beam road-lighting equipment | $30.00 | B |
Sec 219 | Number of lamps permitted | $30.00 | B |
Sec 220 | Low power scooter lighting equipment and use | $30.00 | B |
Sec 221 |
Bicycle and EPAMD equipment | $30.00 | B |
Sec 222(1) | Fire and ambulance special light use | $30.00 | B |
Sec 223 |
Brakes | $30.00 | A |
Sec 224 | Horns and warning devices | $30.00 | B |
Sec 225(1) | Mufflers and prevention of noise | $30.00 | B |
Sec 226 | Mirrors | $30.00 | B |
Sec 227(1) | Windows unobstructed – tinting | $100.00 | B |
Sec 227(2) | Windows unobstructed – wipers required | $30.00 | B |
Sec 228 | Tire equipment requirements | $30.00 | A |
Sec 229 | Safety glazing | $30.00 | B |
Sec 230 | Emergency lighting equipment | $30.00 | B |
Sec 231 | Parking lights | $30.00 | B |
Sec 232 | Minimum safety for motorcycles and low power scooters | $30.00 | A |
Sec 233 |
Alteration of suspension system | Summons | 2 |
Sec 234 | Slow moving vehicle emblems | $60.00 | B |
Sec 236 | Child restraint systems required | $130.00 | B |
Sec 237 | Safety belt systems | $130.00 | B |
Sec 239(2) | Cell phone use while operating vehicle – minor (under 18 yrs of age) | $100.00 | A |
Sec 239(5)(b) | Second cell phone violation – minor (under 18 yrs of age) | $200.00 | A |
Sec 239(3) | Cell phone entry/transmission while driving – 18 or older | Summons | 2 |
Sec 239(5.5)(b) and (c) | Cell phone use resulting in bodily injury or death | Summons | 1 |
Sec 240 | Low speed electric vehicle equipment | $30.00 | B |
Sec 242(3) |
Automated driving systems | $30.00 | B |
Part 5: Size – Weight – Load | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 502 | Wide vehicles/loads | $150.00 | B |
Sec 503 | Projecting loads on passenger vehicles | $30.00 | B |
Sec 504 | Height and length of vehicles | $150.00 | B |
Sec 505 | Long vehicle combinations | $150.00 | B |
Sec 506 | Trailers and towed vehicles | $30.00 | B |
Sec 512 | Liability for damage to highway | $150.00 | A |
Part 6: Signals – Signs – Markings | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 603 | Obedience to traffic control devices | $200.00 | A |
Sec 606 | Unauthorized signs or devices | $30.00 | A |
Sec 607(1)(a) | Interference with traffic control device | $100.00 | B |
Sec 608(1) | Use of hand or signal devices | $140.00 | A |
Sec 608(2) | Vehicle equipped with signal lamps | $30.00 | A |
Sec 609 | Method of giving hand and arm signals | $30.00 | A |
Sec 610 | Unauthorized insignia | $30.00 | B |
Sec 614 and 615 | Fines double in designated construction and school zones | ||
Part 7: Rights-of-Way | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 701 | Vehicles approaching intersections yield right-of-way | $140.00 | A |
Sec 702 | Vehicles turning left | $140.00 | A |
Sec 703 | Entering through highway | $140.00 | A |
Sec 704 | Vehicle entering roadway | $140.00 | A |
Sec 705(1) |
Approaching emergency vehicles | $140.00 | A |
Sec 709 | Stop when traffic obstructed | $140.00 | A |
Sec 710 | Emerging from or entering alley, driveway or building | $140.00 | A |
Sec 711 | Driving on mountain highways | $200.00 | A |
Sec 712 | Driving in highway work area | $140.00 | A |
Sec 713(2) | Yielding to transit buses | $140.00 | A |
Part 8: Pedestrians | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 801 | Pedestrian obedience to control devices | $30.00 | B |
Sec 802(1) | Yield to pedestrian-traffic control device not present or operational | $60.00 | A |
Sec 802(3) | Leaving place of safety into roadway suddenly causing hazard | $30.00 | A |
Sec 802(4) | Overtaking a vehicle stopped for pedestrian traffic | $60.00 | A |
Sec 802(5) | Pedestrian control signals | $60.00 | A |
Sec 803 | Crossing other than at crosswalks | $30.00 | B |
Sec 805 | Pedestrians or wheelchairs on highways | $30.00 | B |
Sec 806 | Driving through safety zones | $140.00 | A |
Sec 807 | Drivers to exercise due care | $140.00 | A |
Sec 808 | Yielding to persons with disabilities | $140.00 | A |
Part 9: Turning – Stopping | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 901 | Required position and method of turning | $140.00 | A |
Sec 902 | Limitations on turning around | $140.00 | A |
Sec 903 | Turning movements and required signals | $140.00 | A |
Part 10: Driving – Overtaking – Passing | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1001 | Drive on right side | $140.00 | A |
Sec 1002 | Passing oncoming vehicles | $200.00 | A |
Sec 1003 | Overtaking a vehicle on the left | $200.00 | A |
Sec 1004 | When overtaking on the right is permitted | $200.00 | A |
Sec 1005 | Limitations on overtaking on the left | $200.00 | A |
Sec 1006 | One-way roadways and rotary traffic islands | $140.00 | A |
Sec 1007 | Driving on roadways laned for traffic | $200.00 | A |
Sec 1008 | Following too closely | $200.00 | A |
Sec 1008.5 | Crowding or threatening bicyclist | Summons | 2 |
Sec 1008.5 | Crowding or threatening bicyclist resulting in bodily injury | Summons | 1 |
Sec 1009 | Coasting prohibited | $140.00 | A |
Part 11: Speed Regulations | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1101(1) or (8)(b) |
1 to 4 MPH over limit | $60.00 | A |
Sec 1101(1) or (8)(b) |
5 to 9 MPH over limit | $140.00 | A |
Sec 1101(1) or (8)(b) |
10 to 19 MPH over limit | $270.00 | A |
Sec 1101(1) or (8)(b) |
20 to 24 MPH over limit | $400.00 | A |
Sec 1101(12)(b) |
25 or more MPH over limit | Summons | 2 |
Sec 1101(8)(g) | Low-power scooter 1 to 4 MPH over 40 MPH max lawful limit | $100.00 | A |
Sec 1101(8)(g) | Low-power scooter 5 to 9 MPH over 40 MPH max lawful limit | $150.00 | A |
Sec 1101(8)(g) | Low-power scooter 10 or more over 40 MPH max lawful limit | $200.00 | A |
Sec 1101(3) | Failure to reduce speed for pedestrian, traffic or weather | $200.00 | A |
Sec 1103 | Minimum speed regulation | $100.00 | A |
Sec 1105(1) | Speed contests | Summons | 1 |
Sec 1105(2) | Speed exhibitions | Summons | 2 |
Part 12: Parking | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1201 | Starting parked vehicle when not reasonably safe | $60.00 | A |
Sec 1202 | Parking or abandonment of vehicle on paved/improved roadway | $60.00 | B |
Secs 1204 and 1210.5 and TMC 8-2-50 and TMC 8-2-55 Except: 1204(2)(b) and (2)(e) |
Stopping, standing or parking prohibited: 1st 4 tickets in 12-month period 5th ticket in 12-month period 6th ticket in 12-month period 7th ticket in 12-month period 8th ticket or more in 12-month period |
$30.00 $40.00 $50.00 $65.00 $100.00 | B |
Sec 1204(2)(b) and (2)(e) | Stopping, standing or parking prohibited – hydrants and fire house | $150.00 | B |
Sec 1205 | Parking at curb or edge of roadway | $30.00 | B |
Sec 1206 | Unattended motor vehicles running | $30.00 | B |
Sec 1207 | Opening and closing vehicle doors | $30.00 | B |
Sec 1208 | Misuse of parking for disabled | Summons | |
Sec 1210.5 | Parking meters (SEE FINES IN Sec. 1204) | B | |
Sec 1211 | Limitations on backing | $60.00 | A |
Sec 1213 | Parking in charging station | $300.00 | B |
Part 14: Other Offenses | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1401 | Reckless driving | Summons | 2 |
Sec 1402 | Careless driving – no injury or property damage | $300.00 | 2 |
Sec 1402 | Careless driving resulting in injury or substantial property damage | Summons | 1 |
Sec 1403 | Following fire apparatus | $60.00 | A |
Sec 1404 | Crossing fire hose | $30.00 | B |
Sec 1405 | Occupying a moving trailer on highway | $30.00 | B |
Sec 1406(1)(a) | Foreign matter on highway prohibited | $70.00 | B |
Sec 1407(3)(a) | Failure to prevent or spilling on highway | $70.00 | B |
Sec 1407(3)(b) | Failure to prevent or spilling on highway while moving | $200.00 | A |
Sec 1407(3)(c) | Failure to prevent or spilling on hwy causing bodily injury | $1,000.00 | 2 |
Sec 1407.5 | Splash guards when required | $30.00 | B |
Sec 1409 | Compulsory insurance | Summons | 1 |
Sec 1410.5 | Providing false evidence of insurance | $200.00 | B |
Sec 1411 | Use of earphones | $30.00 | B |
Sec 1412 | Operation of bicycles and other human powered vehicles | $30.00 | B |
Sec 1413 | Eluding or attempting to elude a peace officer | Summons | 2 |
Sec 1415 | Radar jamming devices prohibited | Summons | 2 |
Part 15: Motorcycles | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1502(1), (2), (3) and (4) | Operating/riding on motorcycles | $60.00 | A |
Sec 1502(4.5) | Helmets while operating/riding on motorcycles | $200.00 | A |
Sec 1503 | Operating motorcycles on roadways laned for traffic | $60.00 | A |
Sec 1504 | Clinging/attaching to other vehicles | $60.00 | A |
Part 17: Penalties and Procedure | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1704 | Offenses by persons controlling vehicles | $30.00 | A |
Part 19: School Buses | |||
Section Violated |
Short Description |
Min Penalty |
Class |
Sec 1903 | School buses – stops – signs – passing – no flashing lights present | Summons | 2 |
Sec 1903 | School buses – stops – signs – passing – flashing lights present | Summons | 1 |
(Ord. 1513 §1 (Exh. A), 2020)