A. Notwithstanding the provisions of Rule 223(a) and (b) of the Colorado Municipal Court Rules of Procedure, or any other provision of law, the right of a jury trial shall not be available at a hearing where the cited person is charged with a noncriminal traffic offense. In addition, no person charged with a noncriminal traffic offense shall be afforded the right of court-appointed counsel.

B. The Colorado Municipal Court Rules of Procedure shall apply to any hearing where the cited person is charged with a noncriminal traffic offense, unless any of the rules are clearly inapplicable. The burden of proof shall be upon the people beyond a reasonable doubt.

C. An appeal from final judgment on a noncriminal traffic offense shall be made in accordance with Rule 237 of the Colorado Municipal Court Rules of Procedure and Article 10 of Title 13, C.R.S.

D. Except as otherwise provided in this section, no person against whom a judgment has been entered for a noncriminal traffic offense shall collaterally attack the validity of that judgment unless such attack is commenced within three (3) months after the date of entry of the judgment. The only exceptions to the time limitations shall be:

E. At any time that a person is cited for the commission of any noncriminal traffic offense, the citing officer shall give a notice to the person in charge of or operating the motor vehicle involved, which notice shall be in the form of a penalty assessment notice.

F. The penalty assessment notice tendered by the citing officer shall contain the name and address of such person, the license number of the vehicle involved, if any, the number of such person’s driver’s license, the nature of the offense, the amount of the penalty prescribed for such offense, the date of the notice, the time and place and when and where such person shall appear in court in the event such penalty is not paid, and a place for such person to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed within twenty (20) days as well as such other information as may be required by law to constitute such notice as a summons and complaint to appear in court, should the prescribed penalty not be paid within the time period.

G. One (1) copy of the notice shall be given to the violator by the citing officer.

H. The time specified in the notice to appear shall be at least twenty-one (21) days, but not more than forty-five (45) days after such citation, unless the person cited shall demand an earlier hearing.

I. Whenever the alleged violator refuses to sign or accept the penalty assessment notice, tender of such notice by the citing officer to the alleged violator shall constitute service of a summons and complaint.

J. In the event a person who has been cited for a noncriminal traffic offense fails to pay the penalty assessment within the time period specified in the penalty assessment notice, he/she shall make an appearance and answer the complaint against him/her. If the alleged violator answers that he/she is liable, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and on the complaint shall be held within the time period prescribed in Rule 248 of the Colorado Municipal Court Rules of Procedure. If the alleged violator fails to appear for a final hearing, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and applicable court costs.

K. In the event a person who has been cited for a noncriminal traffic offense fails to pay the penalty assessment within the time period specified in the penalty assessment notice and fails to appear at the time and place specified in the notice, judgment shall be entered against him/her, and he/she shall be assessed the appropriate penalty and court costs. The Clerk of the Municipal Court may proceed to collect this judgment as provided by law, and shall certify the same to the Department of Revenue as provided in § 42-4-1709(7), C.R.S.

L. A police officer coming upon an unattended vehicle which is in apparent violation of any provision of the Model Traffic Code may place upon the vehicle a penalty assessment notice indicating the noncriminal traffic offense and directing the owner/operator of the vehicle to remit the penalty assessment to the Municipal Court within twenty (20) days. If the penalty assessment is not paid within twenty (20) days of the issuance of such notice, the court shall mail a notice to the registered owner of the vehicle, setting forth the noncriminal traffic offense and the time and place where it occurred and directing the payment of the penalty assessment within twenty (20) days from the issuance of the notice. If the penalty assessment is not paid within such twenty (20) days from the date of mailing of such notice, the court shall request the police officer who issued the original penalty assessment notice to file a complaint with the court and issue and serve upon the registered owner of the vehicle a summons to appear in court at a time and place specified therein.

M. If the alleged violator is cited for a noncriminal traffic offense, he/she shall be privileged to answer the complaint made against him in the manner provided in the Colorado Municipal Court Rules of Procedure. The maximum penalty which may be imposed shall not exceed the penalty set forth in the penalty assessment notice.

N. The provisions of this section shall not apply to violations specified in PMC 12.01.050(B), nor shall they apply when it appears that the alleged violator has, in the course of the same transaction, violated one (1) of the provisions referred to in PMC 12.01.050(B), and has also violated one (1) or more of the other provisions of the Model Traffic Code.

O. If a person receives a penalty assessment notice for a violation under this chapter and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows, in the manner and to the extent permitted by § 42-2-127(5.5) and (5.6), C.R.S.