A. Pursuant to §§ 16-10-101 and 16-10-109, C.R.S., the right of a trial by jury shall not be available at a hearing where the cited person is charged with a noncriminal municipal or traffic offense. In addition, no person charged with a noncriminal municipal or 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 municipal or traffic offense, unless any of the rules are clearly inapplicable. The burden of proof shall be upon the people, and the Court shall dismiss charges against an alleged violator if the alleged violator is not proven to be liable or guilty beyond a reasonable doubt.

C. An appeal from final judgment on a noncriminal municipal or traffic offense shall be made in accordance with Rule 237 of the Colorado Municipal Court Rules of Procedure.

D. Except as otherwise provided in this section, no person against whom a judgment has been entered for a noncriminal municipal or 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 such time limitations shall be:

E. At any time that a person is cited for the commission of any noncriminal municipal or traffic offense, the citing officer shall give a notice to such person, which notice shall be in the form of a penalty assessment notice as described in PMC 7.10.170.

F. The penalty assessment notice tendered by the citing officer shall contain the name and address of the alleged violator, the license number of the vehicle involved, if any, the number of such person’s driver’s license if applicable, 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 and sign the acknowledgment of guilt or 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, if the prescribed penalty is not 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 thirty (30) days, but not more than ninety (90) days after such citation, unless otherwise provided by law or the person cited requests 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. If an alleged violator is cited for a noncriminal municipal or traffic offense, he shall be privileged to answer the complaint made against him in the manner provided in the Colorado Municipal Court Rules and Procedure. The maximum penalty which may be imposed shall not exceed the penalties set forth in the penalty assessment notice.

K. In the event a person who has been cited for a noncriminal municipal or traffic offense fails to pay the penalty assessment notice, he shall make an appearance and answer the complaint against him. If the alleged violator answers that he is guilty or liable, judgment shall be entered against him and he shall be assessed the appropriate penalty and applicable Court costs and fees. If the alleged violator denies the allegations in the complaint, a final hearing 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, a default judgment shall be entered against him, and he shall be assessed the appropriate penalty and applicable Court costs and fees.

L. In the event a person who has been cited for a noncriminal municipal or 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, a default judgment shall be entered against him and he shall be assessed the appropriate penalty and Court costs.

M. Whenever the judge of the Municipal Court imposes a monetary penalty for a noncriminal municipal or traffic offense, if the person who committed the offense is unable to pay the amount at the time of the Court hearing or if he fails to pay any penalty imposed for the commission of such offense within the time permitted by the Court, in order to guarantee the payment of such penalty, the judge may compel collection of the penalty in the manner provided in § 18-1-110, C.R.S.

N. An officer coming upon an unattended vehicle which is an 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 ten (10) days. If the penalty assessment is not paid within ten (10) 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 such notice. If the penalty assessment is not paid within such twenty (20) days, the Court shall request the officer who issued the original penalty assessment notice to file a complaint with the Court and serve upon the registered owner of the vehicle a summons to appear in Court at a time and place specified therein.

O. The provisions of this section shall not apply when it appears the alleged violator has, in the course of the same transaction or episode, committed one (1) or more noncriminal municipal or traffic offenses and has also committed one (1) or more criminal municipal offenses and the charging officer charges such alleged violator with two (2) or more violations, any one (1) of which is a noncriminal municipal or traffic offense.

P. If a person receives a penalty assessment notice as provided in this section for a violation of a noncriminal traffic offense, and such person pays the fine and any applicable surcharge for the violation on or before the date the payment is due, and the violation falls within the parameters of § 42-2-127(5.6)(a), C.R.S., the points assessed for the violation are reduced as follows: