A. At the time that any person is arrested or charged for the commission of a Class A or B criminal offense pursuant to PMC 7.10.180, or as set forth pursuant to Court order, or a noncriminal traffic offense as defined by the Model Traffic Code, the arresting officer may offer to give a penalty assessment notice to the defendant. If any person is charged with a noncriminal municipal or traffic offense, the citing officer shall issue a penalty assessment notice to the defendant, unless otherwise provided by law. This notice shall be made by notation upon the summons and complaint issued in conformance with law.

B. If a person charged with a criminal offense does not possess a valid Colorado driver’s license, such person, in order to secure release, as provided in this section, must give his written acknowledgment of guilt or give his written promise to appear in Court by signing the penalty assessment notice prepared by the charging officer. Should the person to whom the penalty assessment notice is tendered accept the notice by acknowledging his guilt in writing, said acceptance shall constitute a promise on such person’s part to pay the fine or penalty specified in the schedule issued pursuant to PMC 7.10.180, or specified in a schedule issued by Court order, for the violation involved at the office of the Clerk of the Municipal Court, Parachute, Colorado, either in person or by mail within twenty (20) days of the date of issuance. Any person who accepts a penalty assessment notice for a criminal violation, by acknowledgment of guilt, but who does not furnish satisfactory evidence of identity, or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine, may be taken by the officer to the nearest post office facility, and required to remit the amount of the specified fine to the Town of Parachute immediately by mail in United States currency or legal tender, or by money order, or personal check. Refusal or inability to remit the specified fine by mail when required shall constitute a refusal to accept a penalty assessment notice, by acknowledgment of guilt.

Should a person cited for a criminal violation refuse to give his written acknowledgment of guilt or give his written promise to appear in Court by signing the penalty assessment notice, the officer shall proceed to issue a summons in accordance with Colorado law. Should such person accept the notice, by acknowledgment of guilt, but fail to pay the prescribed penalty within twenty (20) days thereafter, the notice shall be construed to be a summons and complaint, and the prosecution for said violation shall thereafter be heard in the Municipal Court, in which event such person shall be privileged to answer the charge made against him in the same manner as if he had not been tendered a penalty assessment notice. In such event, the maximum penalty which may be imposed may exceed the penalty assessment amount.

C. If the person cited for a criminal violation does possess a valid Colorado driver’s license, the person shall not be required to give his written acknowledgment of guilt or written promise to appear on the penalty assessment notice. For the purposes of this section, tender by an arresting officer of the penalty assessment notice to such a person shall constitute notice to the violator to appear in Court at the time specified on such notice or to pay the required fine. Should such person fail to pay the prescribed penalty within twenty (20) days thereafter, the notice shall be construed to be a summons, and the prosecution for said violation shall thereafter be heard in the Municipal Court, in which event such person shall be privileged to answer the charge made against him in the same manner as if he had not been tendered a penalty assessment notice. In such event, the maximum penalty which may be imposed may exceed the penalty assessment amount.

D. Payment of the prescribed penalty assessment within twenty (20) days shall be deemed a complete satisfaction for the violation. Checks tendered by the violator to and accepted by the Municipal Court, and upon which payment is received by the Municipal Court, shall be deemed sufficient receipt.

E. Penalty assessment notices issued for noncriminal violations shall also be in accordance with PMC 7.10.190.

F. Nothing contained herein shall be construed as requiring a law enforcement officer to issue a penalty assessment notice for a criminal violation. Penalty assessment notices for criminal violations shall not be issued in the event of an offense involving property damage, injury to any person, or in the event the complaint is made by a private party. Penalty assessment notices shall be issued in all cases involving noncriminal municipal or traffic offenses, unless otherwise provided by law. (Ord. 171 §1, 1981; Amended Ord. 440 §1, 2001; Amended Ord. 497 §2, 2004)