§ 54-821. Penalty assessment procedure.

(a)

At the time a person is charged with the commission of any traffic infraction or designated criminal violation, the police officer shall issue to the defendant a penalty assessment notice, except when the provisions of section 54-822 apply, and shall advise the person cited of the points to be assessed pursuant to C.R.S. 42-2-127. The penalty assessment notice shall contain all the information required by section 54-823.

(b)

The penalties set forth in this subsection are minimum penalties and shall apply to all traffic infractions and designated criminal violations except: parking violations governed by section 54-795; violations of sections 54-101, 54-156, 54-157, or 54-258 that occur in safety, construction or school zones; certain violations described in section 54-822; and violations subject to a specific penalty pursuant to the statute or ordinance creating the violation. Any person who is found liable of, who admits liability for, or against whom a judgment is entered for, any traffic infraction or is convicted of or pleads guilty to a designated criminal violation shall be fined or penalized at least the amount set by subsection (b) or subsection (c) or subsection (d), whether the defendant acknowledges guilty or liability or is found guilty by a court of competent jurisdiction or against whom a judgment has been entered by a county court judge or magistrate. Except as provided in subsection (e), no portion of these minimum penalties shall be suspended.

Infraction or violation      Penalty

Miscellaneous violations of chapter 54 for which there is no state counterpart ..... $30.00

Zero-point violations under the point system established by the Colorado Revised Statutes ..... 30.00

One- or two-point violations under the point system established by the Colorado Revised Statutes ..... 40.00

Three-point violations under the point system established by the Colorado Revised Statutes ..... 70.00

Four-point violations under the point system established by the Colorado Revised Statutes, except violations of DRMC section 54-101, or violations of DRMC section 156 at speeds of fifteen (15) to nineteen (19) miles per hour over the speed limit ..... 100.00

Violations of DRMC section 54-101, or violations of DRMC section 54-156 at speeds of fifteen (15) to nineteen (19) miles per hour over the speed limit ..... 125.00

(c)

For any violation of section 54-101, 54-156, 54-157, or 54-258 that is a traffic infraction occurring in a safety zone, a construction zone or a school zone the penalties set forth above shall be doubled.

(d)

For any violation of section 54-202(d) occurring in a construction zone the penalty set forth in section 54-202(d) shall be doubled.

(e)

The traffic violations bureau may grant a discount of not more than twenty (20) percent of the above penalties to any defendant who pays such penalty and who takes advantage of such discount at the time of payment, not more than twenty (20) days after the date of issuance and service of the penalty assessment notice upon such defendant. Payment in person or on or before the twentieth day after service of the penalty assessment notice or mailed payment postmarked on or before the twentieth day after such service shall constitute payment for the purposes of this section only.

(f)

In addition to any penalties set forth in this section, there shall be added such costs and surcharge as are set forth in sections 14-40 and 20-103 of this Code.

(Ord. No. 756-89, § 23, 12-18-89; Ord. No. 650-94, § 4, 8-22-94; Ord. No. 446-99, § 2, 6-7-99; Ord. No. 753-99, § 3, 10-4-99; Ord. No. 373-01, § 1, 4-30-01; Ord. No. 1082-02, § 5, 12-23-02; Ord. No. 64-07, § 1, 2-5-07)