§ 14-11. Penalty assessment.

(a)

The municipal judge may designate offenses under this Code that are subject to the penalty assessment procedure and the amount of the assessment for each violation. But no violation for which provision for a plea of guilty at the violations bureau is not made may be designated as subject to the penalty assessment procedure.

(b)

When a peace officer is authorized to serve a summons and complaint on any person, the officer may issue a penalty assessment notice if:

(1)

The offense has been designated by the municipal judge;

(2)

Only one offense has arisen out of the same episode of violation;

(3)

No significant hazard to life or property was involved;

(4)

The offense does not appear to be an intentional or reckless violation;

(5)

The peace officer would not be entitled to incarcerate the defendant on this chapter;

(6)

The circumstances reasonably persuade the officer that the person is likely to comply with the terms of the penalty assessment notice. Such circumstances may include the officer accompanying the person to a post office box or mailbox and witnessing the deposit in the mail of the notice with payment of the fine attached.

(c)

Service of a penalty assessment notice upon the recipient is complete upon signature by the person on the penalty assessment's "acknowledgement of guilt or promise to appear." At that point, the person is obligated either to pay the specified fine or penalty by mail at the place and within the time specified on the notice or to appear at the place and time specified on the notice to be arraigned by the municipal judge.

(d)

Payment of the penalty assessment by mail or at the violations bureau after signature on the penalty assessment's "acknowledgement of guilt or promise to appear" constitutes:

(1)

A plea of guilty;

(2)

A conviction for the purposes of any penalty enhancement provisions on future offenses; and

(3)

If driving a motor vehicle is involved, a conviction within the meaning of C.R.S. §§ 42-2-111, 42-2-123, and 42-4-1510.

(e)

If a person served with a penalty assessment notice chooses not to plead guilty, such person shall appear as required in the notice. If the person withdraws a plea of not guilty and enters a guilty plea to the judge or, upon trial, if the person is found guilty, the fine imposed shall be that specified on the penalty assessment notice. Court costs shall also be imposed.

(f)

If a person who has paid a penalty assessment by mail appears at the time and place specified in the notice and petitions the judge to withdraw the plea of guilty, the petition shall be granted, and the person shall be arraigned. In such instance the amount paid shall be considered the bond. If such person appears and petitions the judge after the time for appearance has passed, the petition shall be entertained only upon a showing of excusable neglect, and granted only upon a prima facie showing of a meritorious defense, and then only if the appearance is made within thirty (30) days after the time for appearance specified in the notice of penalty assessment.

(g)

Parking infractions are a noncriminal infraction. Sections 14-20 and 14-20.1 nothwithstanding, no warrant of arrest or punishment of imprisonment shall be imposed on the grounds that a person has failed to pay the specified fine or penalty or to appear at the place and time specified in a penalty assessment notice issued on the basis of a parking infraction. Instead, the municipal judge may enter a judgment of liability by default against the defendant and assess any penalty and costs established by law. The municipal court clerk shall give notice to the defendant of the entry of said default judgment by first class mail addressed to the registered address of the motor vehicle that is the subject of the parking infraction. The defendant may petition the municipal court to vacate the default judgment by filing a written petition with the municipal court clerk within ten (10) days of the date of the notice of entry of the default judgment. If no such petition is filed, the default judgment shall become final, except to the extent the city seeks to immobilize or impound the subject vehicle per the provisions of sections 14-23 and 14-24.

(h)

The city manager is authorized to use any lawful method of collecting fines, fees, default judgments, and civil penalties due from any person assessed such sums by the municipal court, including reasonable costs of collection. The city shall be entitled to received the reasonable costs of collection in addition to the amounts otherwise due, and interest at the statutory rate for unpaid civil judgments. Reasonable costs of collection shall include, without limitation, the fees and costs of the city attorney or of private counsel or a collection agency, but such fees and costs shall not exceed twenty-five (25) percent of the amount collected.

(Ord. No. 2233, § 1, 3-3-09)