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(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)