A. Any person who violates any provision of this title shall be punished for such offense in accordance with the classification of such offense and the penalties set forth in PMC 11.01.030. Unless otherwise provided in a section describing the offense, all offenses contained in this title shall be deemed offenses of “strict liability.” If any offense contained in this title is not classified as a Class A offense, Class B offense, or noncriminal municipal offense, and such offense does not involve serious injury to persons or property, said offense shall be deemed to be a noncriminal municipal offense upon the first complaint within eighteen (18) consecutive months. Upon a second or subsequent complaint concerning such violation within eighteen (18) consecutive months, such person shall be deemed to have committed a Class B municipal offense. Unless otherwise provided in this title, any violation of any provisions of this title which result in serious bodily injury to any person or animal caused by a pet animal shall constitute a Class A municipal offense.

B. The presiding Municipal Court Judge is hereby authorized to promulgate a penalty assessment schedule for violations of this title in accordance with the Colorado Municipal Court Rules of Procedure, except as otherwise provided herein. Penalty assessments shall not be issued for violations involving classified potentially dangerous or dangerous animals or a second or subsequent offense.

C. When a person is charged with a violation of this title for which a penalty assessment exists pursuant to an order of the Parachute Municipal Court, the charging officer may either give the person a penalty assessment notice, and release him upon its terms, or take him before a Judge of the Parachute Municipal Court. The choice of procedure shall be based upon the circumstances which reasonably persuade the officer that the alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice. Said circumstances may include the officer accompanying the offender to a post office or mail box and witnessing the deposit in the mail of the notice with payment of the fine attached. Any penalty assessment issued pursuant to this title shall constitute a summons and complaint containing the identification of the alleged offender, specification of the offense and applicable fine, a requirement that the alleged offender pay the fine or appear to answer the charge at a specific time and place, and other matters reasonably adopted to effectuate the purposes of this section. A duplicate copy shall be delivered to the Clerk of the Parachute Municipal Court by the officer or agency designated by the Town Council. When a payment of the penalty assessment notice has not been made within twenty (20) days of the date of issuance of said notice such person shall be required to appear before the Municipal Court. If a person given a penalty assessment notice chooses to acknowledge his guilt, he may pay the specified fine in person or by mail within twenty (20) days of issuance of the notice. If the person elects not to pay the penalty assessment notice, trial is held or a default judgment entered, and the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine.

D. For purposes of determining the proper sentence for violations of this title which do not result in bodily injury to any person or animal, only those convictions occurring within eighteen (18) consecutive months of the date of the offense for which the penalty is now being imposed shall be considered.

E. Upon conviction of any violation involving injury to persons, other animals, or property, the Court may order restitution be paid to the injured party or owner of the animal or animals harmed.

F. Nothing contained herein shall be construed to prevent impoundment of any dog under PMC 10.02.090. (Ord. 201, 1982; Amended Ord. 529 §1, 2005; Amended Ord. 757 §2, 2019)