(1) 
A violation of any section of this title is a traffic infraction unless such violation is declared to be a misdemeanor in this chapter or otherwise in this code. Such a traffic infraction shall constitute a civil matter.
(2) 
(a) 
Traffic infractions are subject to a penalty of up to $1,000, and/or useful public service also known as community service, and/or driver education unless a specific penalty/fine or other sentence is indicated.
(b) 
Pursuant to C.M.C.R. 210(b)(4), the court may by order, which may from time to time be amended, supplemented, or repealed, designate the traffic offenses, the penalties for which may be paid at the office of the Court Clerk or Violations Bureau.
(c) 
The court in addition to any other notice, by published order to be prominently posted in a place where fines are to be paid, shall specify by suitable schedules the amount of fines to be imposed for violations, designating each violation specifically in the schedule. Such fines shall be within the limits set by ordinance.
(d) 
Fines and costs shall be paid to, receipted by, and accounted for by the Violations Clerk or Court Clerk.
(3) 
Any misdemeanor violation of this title shall be punishable as set forth in the code section defining it or in accordance with GJMC § 1.04.090. In addition, any punishment may include useful public service and/or driver education.
(4) 
Every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title shall be fined/penalized. If there is property damage and/or bodily injury suffered by a victim, a surcharge of $22.00 shall be levied against the person to be collected by the court but transmitted to a funding account for the benefit of the City of Grand Junction Police Department for the additional costs sustained by the Police Department as a result of the investigation for such damage and/or injury. This surcharge is separate and apart from the fine/penalty. Fines and/or penalties shall not be specifically suspended or waived in order to offset a surcharge, but may otherwise be suspended or waived as deemed appropriate by the court.
(Ord. 4759, 9-6-17)
Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in this chapter to be a crime or traffic infraction, whether individually or in connection with one or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such infraction, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of this chapter is likewise guilty of such offense or liable for such infraction.
(Ord. 4759, 9-6-17)
It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law. Any person who violates any provision of this section commits a misdemeanor.
(Ord. 4759, 9-6-17)
(1) 
Notwithstanding any other provision of law, a child, as defined in §  19-1-103(18), C.R.S., convicted of a misdemeanor traffic offense under this chapter, violating the conditions of probation imposed under this chapter, or found in contempt of court in connection with a violation or alleged violation under this chapter shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders if the court with jurisdiction is located in a county in which there is a juvenile detention facility operated by or under contract with the Department of Human Services that shall receive and provide care for such child or if the jail is located within 40 miles of such facility. The court imposing penalties under this section may confine a child for a determinate period of time in a juvenile detention facility operated by or under contract with the Department of Human Services. If a juvenile detention facility operated by or under contract with the Department of Human Services is not located within the County or within 40 miles of the jail, a child may be confined for up to 48 hours in a jail pursuant to § 19-2-508(4), C.R.S.
(2) 
(a) 
Notwithstanding any other provision of law, a child, as defined in §  19-1-103(18), C.R.S., arrested and incarcerated for an alleged misdemeanor traffic offense under this chapter, and not released on bond, shall be taken before the court for such offense within 48 hours for fixing of bail and conditions of bond pursuant to §  9-2-508(4)(d), C.R.S. Such child shall not be confined in a jail, lockup, or other place used for the confinement of adult offenders for longer than 72 hours, after which the child may be further detained only in a juvenile detention facility operated by or under contract with the Department of Human Services. In calculating time under this subsection (2), Saturdays, Sundays, and court holidays shall be included.
(b) 
In any case in which a child is taken before a County Judge pursuant to subsection (2)(a) of this section, the child’s parent or legal guardian shall immediately be notified by the court in which the County Judge sits. Any person so notified by the court under this subsection (2)(b) shall comply with the provisions of GJMC § 10.04.1716(4).
(Ord. 4759, 9-6-17)
(1) 
(a) 
Whenever a person commits a violation of this chapter punishable as a misdemeanor, other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of GJMC § 10.04.1701(2)(b) the peace officer may issue and serve upon the defendant a summons and complaint which must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the ordinance alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; direct the defendant to appear in Municipal Court at a specified time and place; and be signed by the peace officer. The summons and complaint submitted to the Municipal Court, either by paper or electronic submission, must contain the name and address of the defendant, the license of the vehicle involved, if any, and the number of the defendant’s driver’s license, if any.
(b) 
A summons and complaint issued and served pursuant to subsection (1)(a) of this section on a minor under the age of 18 years shall also contain or be accompanied by a document containing an advisement to the minor that the minor’s parent or legal guardian, if known, shall be notified by the court from which the summons is issued and be required to appear with the minor at the minor’s court hearing or hearings.
(2) 
If a peace officer issues and serves a summons and complaint to appear in Municipal Court upon the defendant as described in subsection (1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, the date and approximate location thereof, and the date the summons and complaint is served on the defendant may be cured by amendment at any time prior to trial or any time before verdict or findings upon an oral motion by the prosecuting attorney after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (2).
(3) 
(a) 
Whenever a penalty assessment notice for a misdemeanor is issued pursuant to GJMC § 10.04.1701(2)(b), the penalty assessment notice that shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the statute alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for the offense, the amount of any surcharge if applicable, the number of points, if any, prescribed for the offense pursuant to § 42-2-127, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in Municipal Court at a specified time and place in the event the penalty and surcharge, if applicable, thereon are not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty prescribed and surcharges thereon within 20 days, as well as such other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint.
(a.5) 
A penalty assessment notice issued and served pursuant to subsection (3)(a) of this section on a minor under the age of 18 years shall also contain or be accompanied by a document containing:
(I) 
A preprinted declaration stating that the minor’s parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;
(II) 
Preprinted signature lines following the declaration on which the reviewing person described in subsection (3)(a.5)(I) of this section shall affix his or her signature and for a notary public to duly acknowledge the reviewing person’s signature; and
(III) 
An advisement to the minor that:
(A) 
The minor shall, within 72 hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice;
(B) 
The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and
(C) 
Noncompliance with the requirement set forth in subsection (3)(a.5)(III)(B) of this section shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to GJMC § 10.04.1710(1)(b), 10.04.1710(1.5), and 10.04.1716(4).
(b) 
One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and the original filed with the Municipal Court.
(4) 
(a) 
The time specified in the summons portion of said summons and complaint must be at least 20 days after the date such summons and complaint is served, unless the defendant shall demand an earlier court appearance date.
(b) 
The time specified in the summons portion of said penalty assessment notice shall be at least 30 days but not more than 90 days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier court appearance date.
(5) 
The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be the Municipal Court.
(6) 
If the defendant is otherwise eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this chapter punishable as a misdemeanor and if the defendant does not possess a valid Colorado driver’s license, the defendant, in order to secure release, as provided in this section, must either consent to be taken by the officer to the nearest mailbox and to mail the amount of the penalty and surcharges thereon to the Municipal Court or must execute a promise to appear in court on the penalty assessment notice or on the summons and complaint. If the defendant does possess a valid Colorado driver’s license, the defendant shall not be required to execute a promise to appear on the penalty assessment notice or on the summons and complaint. The peace officer shall not require any person who is eligible to be issued a summons and complaint or a penalty assessment notice for a violation of this chapter to produce or divulge such person’s Social Security number.
(Ord. 4759, 9-6-17)
(1) 
Every hearing for the adjudication of a traffic infraction, as provided by this chapter, shall be held before the court; except that, whenever a crime and a traffic infraction or a crime and both such traffic infractions are charged in the same summons and complaint, all charges shall be made returnable before the Municipal Court over the crime and the rules of criminal procedure shall apply.
(2) 
When a court of competent jurisdiction determines that a person charged with a misdemeanor traffic offense is guilty of a lesser-included offense which is a traffic infraction, the court may enter a judgment as to such lesser charge.
(3) 
The burden of proof shall be upon the City, and the judge shall enter judgment in favor of the defendant unless the City proves the liability of the defendant beyond a reasonable doubt. The City Attorney may, in the attorney’s discretion, enter traffic infraction cases for the purpose of attempting a negotiated plea or a stipulation to deferred prosecution or deferred judgment and sentence but shall not be required to so enter by any person, court, or law.
(4) 
Appeal from final judgment on a traffic infraction matter shall be taken to the District Court.
(5) 
(a) 
Except as otherwise provided in subsection (5)(b) of this section, no person against whom a judgment has been entered for a traffic infraction as defined in GJMC § 10.04.1701 shall collaterally attack the validity of that judgment unless such attack is commenced within six months after the date of entry of the judgment.
(b) 
In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (5)(a) of this section shall be:
(I) 
A case in which the court entering judgment did not have jurisdiction over the subject matter of the alleged infraction;
(II) 
A case in which the court entering judgment did not have jurisdiction over the person of the violator;
(III) 
Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the violator to an institution for treatment as a person with a mental illness; or
(IV) 
Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
(Ord. 4759, 9-6-17)
(1) 
Whenever a penalty assessment notice for a traffic infraction is issued pursuant to GJMC § 10.04.1701(2), the penalty assessment notice that shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant’s driver’s license, if any, a citation of the ordinance alleged to have been violated, a brief description of the traffic infraction, the date and approximate location thereof, the amount of the penalty prescribed for the traffic infraction, the amount of the surcharge(s), if any, the number of points, if any, prescribed for the traffic infraction pursuant to § 42-2-127, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in the Municipal Court at a specified time and place in the event the penalty and surcharge(s) thereon are not paid; shall be signed by the peace officer; and shall contain a place for the defendant to elect to execute a signed acknowledgment of liability and an agreement to pay the penalty prescribed and surcharges thereon within 20 days, as well as such other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint, should the prescribed penalty and surcharge(s) thereon not be paid within the 20 days.
(1.5) 
A penalty assessment notice issued and served pursuant to subsection (1) of this section on a minor under the age of 18 years shall also contain or be accompanied by a document containing:
(a) 
A preprinted declaration stating that the minor’s parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;
(b) 
Preprinted signature lines following the declaration on which the reviewing person described in subsection (1.5)(a) of this section shall affix his or her signature and for a notary public to duly acknowledge the reviewing person’s signature; and
(c) 
An advisement to the minor that:
(I) 
The minor shall, within 72 hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice;
(II) 
The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and
(III) 
Noncompliance with the requirement set forth in subsection (1.5)(c)(II) of this section shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to GJMC § 10.04.1710(1)(b), 10.04.1710(1.5), and 10.04.1716(4).
(2) 
One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor within the Department and such other copies sent as may be required by rule of the Department to govern the internal administration of this chapter between the Department and the City.
(3) 
The time specified in the summons portion of said penalty assessment notice must be at least 30 days but not more than 90 days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing.
(4) 
The place specified in the summons portion of said penalty assessment notice must be the Municipal Court.
(5) 
Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant.
(Ord. 4759, 9-6-17)
(1) 
(a) 
Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this chapter and surcharge, if applicable, thereon, the person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person.
(b) 
Notwithstanding the provisions of subsection (1)(a) of this section and GJMC § 10.04.1701(2), a minor under the age of 18 years shall be required to appear at a hearing on the date and time specified in the citation and answer the complaint if the penalty assessment was timely paid but not signed and notarized in the manner required by GJMC § 10.04.1707(3)(a.5) or 10.04.1709(1.5).
(1.5) 
If a minor under the age of 18 years is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall so inform his or her parent or legal guardian, and the parent or legal guardian shall also be required to appear at the hearing.
(2) 
If the violator answers that he or she is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator.
(3) 
If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.
(4) 
(a) 
If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge, if applicable, thereon, and other applicable costs authorized otherwise by ordinance or State statute. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to the Municipal Court’s fine schedule or this chapter. If a penalty assessment notice is prohibited, the penalty shall be assessed pursuant to the court.
(b) 
In no event shall a bench warrant be issued for the arrest of any person who fails to appear for a hearing pursuant to subsection (1.5) or (2) of this section or for a final hearing pursuant to subsection (3) of this section. Except as otherwise provided in GJMC § 10.04.1716, entry of judgment and assessment of the penalty and surcharge pursuant to subsection (4)(a) of this section and any penalties imposed pursuant to § 42-2-127, C.R.S. shall constitute the sole penalties for failure to appear for either the hearing or the final hearing.
(Ord. 4759, 9-6-17)
The foregoing provisions of this chapter shall govern all police officers in making arrests without a warrant or issuing citations for violations of this chapter, for offenses or infractions committed in their presence, but the procedure prescribed in this chapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade.
(Ord. 4759, 9-6-17)
(1) 
The Judge or the Clerk of a court shall keep a full record of every case in which a person is charged with any violation of this title or any other law regulating the operation of vehicles on highways.
(2) 
(a) 
Subject to subsection (2)(b) of this section, within 10 days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating this chapter or other law regulating the operation of vehicles on highways, the Judge or Clerk of the court in which the entry of a judgment was made, the conviction was had, or bail was forfeited shall prepare and forward to the Department an abstract of the record of the court covering every case in which the person had a judgment entered against him or her, was convicted, or forfeited bail, which abstract shall be certified by the preparer to be true and correct.
(b) 
For the holder of a commercial driver’s license as defined in §  42-2-402, C.R.S., or an offense committed by a person operating a commercial motor vehicle as defined in § 42-2-402, C.R.S., within five days after conviction of a person upon a charge of violating this chapter or other law regulating the operation of vehicles on highways, the Judge or Clerk of the court in which the person was convicted shall prepare and forward to the Department an abstract of the record of the court covering every case in which the person was convicted, which abstract shall be certified by the preparer to be true and correct.
(3) 
Said abstract must be made upon a form furnished by the Department and shall include the name, address, and driver’s license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture.
(Ord. 4759, 9-6-17)
(1) 
For the purposes of this Part 17, tender by an arresting officer of the summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon.
(2) 
Except as otherwise provided in subsection (4) of this section, a person commits a misdemeanor if the person fails to appear to answer any offense other than a traffic infraction charged under this Part 17.
(3) 
Reserved.
(4) 
(a) 
(I) 
Except as otherwise provided in subsection (4)(a)(II) of this section, a person who is a parent or legal guardian of a minor under the age of 18 years and who is required to appear in court with the minor pursuant to the provisions of this Part 17 including but not limited to GJMC § 10.04.1706(2)(b), 10.04.1707(1)(b), or 10.04.1710(1.5), shall appear in court at the location and on the date stated in the penalty assessment notice or in the summons and complaint or as instructed by the court.
(II) 
The provisions of subsection (4)(a)(I) of this section concerning the appearance of a parent or legal guardian shall not apply in a case where the minor under the age of 18 years or the parent of the minor demonstrates to the court by clear and convincing evidence that the minor is an emancipated minor.
(III) 
For purposes of this subsection (4), “emancipated minor” means a minor under the age of 18 years who has no legal guardian and whose parents have entirely surrendered the right to the care, custody, and earnings of the minor, no longer are under any duty to support or maintain the minor, and have made no provision for the support of the minor.
(b) 
A person who violates any provision of subsection (4)(a)(I) of this section commits a traffic infraction offense.
(Ord. 4759, 9-6-17)
(1) 
Except as otherwise provided in subsection (2) of this section, if a person has been convicted of violating this chapter or any other law regulating the operation of motor vehicles, the court may require the defendant, at the defendant’s expense, to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this State, recognition of hazardous traffic situations, and traffic accident prevention. Upon completion of the course, the court may suspend all or a portion of the fine or sentence of imprisonment. Unless otherwise provided by law, the school must be approved by the court.
(2) 
Whenever a minor under 18 years of age has been convicted of violating any provision of this chapter or other law regulating the operation of vehicles on highways, other than a traffic infraction, the court shall require the minor to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this State, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. The court shall impose the driver improvement school requirement in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for the violation. The minor, or the minor’s parent or parents who appear in court with the minor in accordance with GJMC § 10.04.1716(4), shall pay the cost of attending the designated driver improvement school. The courts shall make available information on scholarships and other financial assistance available to help minors or their parents offset the costs of driver improvement school. Unless otherwise provided by law, such school shall be approved by the court.
(Ord. 4759, 9-6-17)