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PENALTIES, PARTIES AND PROCEDURES ON VIOLATIONS
Sections:
10.66.010 Traffic violations.
10.66.020 Forms and notices of arrest or appearance.
10.66.030 Parties to offense.
10.66.040 Offenses by persons controlling vehicles.
10.66.050 When person arrested must be taken before court.
10.66.060 When agent may take person before court.
10.66.070 When Municipal Judge is unavailable.
10.66.080 When person charged may elect to appear at municipal
court clerk's office or before municipal court.
10.66.090 Notice to appear in court.
10.66.110 Compliance with promise to appear.
10.66.120 Notice on illegally parked vehicle.
10.66.130 Presumption in reference to illegal parking.
10.66.140 Authority of officer or agent at scene of accident.
10.66.150 Notice charging speed violation.
10.66.160 Illegal cancellation of summons and complaint or
notice.
10.66.170 When complaint to be issued.
10.66.180 When a copy of summons and complaint or notice
shall be deemed a lawful complaint.
10.66.190 Authority to impound vehicles.
10.66.195 Authority of police communtiy service officers.
10.66.200 Retrieval of impounded vehicles.
10.66.210 Record of traffic cases.
10.66.220 Procedure not exclusive.
10.66.230 Jury trials.
10.66.250 Post-impoundment Hearings.
10.66.260 Conduct of hearing.
10.66.270 Reimbursement for improper towing.
10.66.010 Traffic violations.
A. It is unlawful for any person to violate any of the provisions of this title.
B. The Presiding Municipal Judge of the municipal court shall designate the
specified offenses under the traffic ordinances of this municipality in respect
to which payment of fines may be accepted by the traffic violations bureau in
satisfaction thereof, and shall specify by suitable schedules the amount of
such fines for first, second and subsequent offenses, provided such fines are
within the limits declared by law, and shall further specify what number of
offenses shall require appearance before the court. (Ord. O-74-44 § 1 (part),
1974).
10.66.020 Forms and notices of arrest or appearance.
A. The municipal court of this municipality shall provide books to include traffic
summonses for notifying alleged violators to appear and answer to charges of
violating traffic laws and ordinances.
B. The books shall include serially-numbered sets of the summonses and complaints
or notices, each set having such number of copies as may be required, and shall
be in a form containing the information required by state law.
C. The books shall be issued to and receipted for by the Police Chief, or his
designee, and the Police Chief shall be responsible for the issuance of such
books to individual members of the Police Department.
D. The Police Chief shall cooperate with the State Department of Revenue in
the development and use of a coding system for traffic citations which can be
utilized in machine data processing and in the preparation of state reports.
E. The Lakewood Municipal Court shall accept parking summonses and complaints
in an electronic form approved by the municipal court and shall accept electronic
submission of the same information in a format approved by the municipal court.
The traffic violations bureau shall be responsible for the storage and retention
of said electronically transmitted parking summonses and complaints as mandated
by Section 10.69.020. (Ord. O-2004-10 § 2, 2004; Ord. O-94-34 § 27,
1994; Ord. O-74-44 § 1 (part), 1974).
10.66.030 Parties to offense.
Every person who commits, conspires to commit or aids or abets in the commission
of any act declared herein to be an offense, whether individually or in connection
with one or more other persons or as principal agent or accessory, is guilty
of such offense, and every person who falsely, fraudulently, forcibly or willfully
induces, causes, coerces, requires, permits or directs another to violate any
provisions of this title is likewise guilty of such offense. (Ord. O-74-44 §
1 (part), 1974).
10.66.040 Offenses by persons controlling vehicles.
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 street or highway in this municipality in any manner contrary
to this title. Any person who violates any provision of this section commits
a Class 2 traffic offense. (Ord. O-97-62 § 53, 1997; Ord. O-74-44 §
1 (part), 1974).
10.66.050 When person arrested must be taken before court.
Whenever a person is arrested and confined or detained in jail for a violation
of any provision of this title, or whenever a person arrested demands an immediate
appearance before a Judge of the Municipal Court, said person shall be taken
without unnecessary delay before a Municipal Judge or other court having jurisdiction
of such offense that is nearest or most accessible with reference to the place
where such arrest is made. (Ord. O-74-44 § 1 (part), 1974).
10.66.060 When agent may take person before court.
In every case of arrest for any violation of this title for which it is not
required that a person be taken before a proper court, the person may be taken
before the court in any of the following cases:
A. When the person does not furnish satisfactory evidence of identity; or
B. When the agent has reasonable and probable grounds to believe that the person
will disregard a written promise to appear in court, except for traffic infractions
which shall be governed by Chapter 10.76 of this code; or
C. When the person arrested refuses to accept a summons and complaint or notice
to appear in court, except for traffic infractions which shall be governed by
Chapter 10.76 of this code. (Ord. O-93-68 § 7, 1993; Ord. O-74-44 §
1 (part), 1974).
10.66.070 When Municipal Judge is unavailable.
In the event that no Municipal Judge is available at the time that a person
is taken into custody for the purpose of taking him before a proper court for
any violation of this title, as authorized or required by this title or pursuant
to state law, there shall be established by the court a bail bond schedule and
available personnel to accept adequate security for such bail bonds upon satisfaction
of which the person charged shall be released from custody pending his required
appearance before the court.
Whenever any person is taken into custody by an agent for the purpose of taking
him before the Municipal Judge as authorized or required by this title and no
judge is available at the time of arrest and there is no bail schedule established
by such judge or court which includes the violation with which a person in custody
has been charged and no lawfully designated court clerk or other public officer
who is available and authorized to accept bail on behalf of the court, such
person shall be released from custody upon the issuance to him of a written
summons. (Ord. O-74-44 § 1 (part), 1974).
10.66.080 When person charged may elect to appear at
municipal court clerk's office or before municipal court.
A. Any person charged with an offense, violation, or traffic infraction under
this title for which a summons and complaint or notice may be issued and for
which payment of a fine, costs, and other court fees, may be made to the clerk
of the municipal court, shall have the option of making such payment within
the time and at the place specified on the summons and complaint or notice upon
entering a plea of guilty and upon waiving appearance in court; or upon a plea
of not guilty shall be entitled to a trial as authorized by law.
B. Acceptance and payment of the prescribed fine, costs, and other court fees,
shall be deemed a complete satisfaction for the offense, violation, or traffic
infraction, and said clerk of the municipal court upon accepting the prescribed
payment shall issue a receipt to the violator acknowledging payment thereof.
Checks tendered and accepted and on which payment is received by the clerk of
the municipal court shall be deemed sufficient receipt. (Ord. O-93-68 §
8, 1993; Ord. O-74-44 § 1 (part), 1974).
10.66.090 Notice to appear in court.
Except when authorized or directed to take a person before the municipal court,
as provided in this title, any police agent upon making an arrest for any violation
of this title shall take the name, address and operator's license number of
said person, the registered number of the motor vehicle involved, and such other
pertinent information as may be necessary, and shall prepare and issue to him
in writing on the form authorized in Section 10.66.020 a notice or summons to
respond and answer to the charge against him at a place and at a time to be
specified in the summons and complaint or notice. The police agent shall require
said person to execute on the form provided his or her written promise to appear
at the time and place indicated on the summons and complaint or notice for any
violation of the Lakewood Municipal Code except for violations of the Lakewood
traffic code when the person can provide to the police agent a valid Colorado
driver's license. (Ord. O-84-60 § 11, 1984; Ord. O-74-44 § 1 (part),
1974).
10.66.110 Compliance with promise to appear.
An appearance in court may be complied with by an appearance by counsel. (Ord.
O-74-44 § 1 (part), 1974).
10.66.120 Notice on illegally parked vehicle.
Whenever any motor vehicle without driver is found parked or stopped in violation
of any of the restrictions imposed by the ordinances of this municipality, the
officer finding such vehicle shall take its registration number and may take
any other information displayed on the vehicle which may identify its user,
and shall conspicuously affix to such vehicle a summons and complaint or notice
on the form authorized in Section 10.66.020, directing the owner thereof to
respond to and answer the charge against him at a place and at a time specified
in the notice. (Ord. O-74-44 § 1 (part), 1974).
10.66.130 Presumption in reference to illegal parking.
In any prosecution charging a violation of any provision of this title governing
the stopping, standing or parking of a vehicle, proof that the particular vehicle
described in the complaint was parked in violation of any such regulation, together
with proof that the defendant named in the complaint was at the time of such
parking the registered owner of such vehicle, shall constitute in evidence a
prima facie presumption that the registered owner of such vehicle was the person
who parked or placed such vehicle at the point where, and for the time during
which, such violation occurred. (Ord. O-74-44 § 1 (part), 1974).
10.66.140 Authority of officer or agent at scene of accident.
A police agent at the scene of a traffic accident may issue a written summons
or notice, as provided in Section 10.66.090 to any driver of a vehicle involved
in the accident when the agent has probable cause to believe that the person
has committed any offense under the provisions of this title or state law in
connection with the accident. (Ord. O-94-34 § 28, 1994; Ord. O-74-44 §
1 (part), 1974).
10.66.150 Notice charging speed violation.
In every charge of violation relating to speed limits, the summons and complaint
or notice to appear shall specify the speed at which the defendant is alleged
to have driven, also the reasonable and prudent speed applicable at the location
in this municipality or the maximum lawful speed limit. (Ord. O-94-34 §
29, 1994; Ord. O-84-60 § 12, 1984; Ord. O-74-44 § 1 (part), 1974).
10.66.160 Illegal cancellation of summons and complaint
or notice.
It is unlawful for any person to cancel or solicit the cancellation of any summons
and complaint or notice in any manner other than by process of law. (Ord. O-74-44
§ 1 (part), 1974).
10.66.170 When complaint to be issued.
A. In the event any person fails to comply with the notice given to such person,
or fails to respond to a summons directing an appearance in the court having
jurisdiction or at the traffic violations bureau, the clerk of the court having
jurisdiction shall have a complaint issued against such person and shall issue
and have served a warrant for his arrest.
B. Subsection (A) of this section shall not apply to a failure to appear for
a traffic infraction. Such a failure to appear for a traffic infraction shall
be governed by Chapter 10.76 of this Code. (Ord. O-93-68 § 9, 1993; Ord.
O-74-44 § 1 (part), 1974).
10.66.180 When a copy of summons and complaint or notice
shall be deemed a lawful complaint.
In the event the form of summons and complaint or notice provided under Section
10.66.020 includes information and is sworn to as required under the general
laws of this state in respect to a complaint charging commission of the offense
alleged in the summons and complaint or notice to have been committed, then
such summons and complaint or notice when filed with a court having jurisdiction
shall be deemed to be a lawful complaint for the purpose of prosecution under
this title. (Ord. O-74-44 § 1 (part), 1974).
10.66.190 Authority to impound vehicles.
A. Whenever a police agent finds any vehicle parked upon any public street or
public right of way in violation of the parking restrictions or prohibitions
contained on any official sign or signs or when any vehicle obstructs or interferes
with the free flow of traffic, street maintenance, or access of emergency vehicles
or equipment, or when any item, article, object, or vehicle which causes or
tends to obstruct the free movement of pedestrians or other traffic upon a sidewalk,
a police agent may order the vehicle towed to an impound lot or the item, article,
or object removed.
B. Nothing in this section shall prohibit the towing of a vehicle to the impound
lot pursuant to another section of this title. (Ord. O-2006-30 § 21, 2006;
Ord. O-97-62 § 54, 1997; Ord. O-94-34 § 30, 1994; Ord. O-84-60 §
13, 1984; Ord. O-78-79 § 15, 1978; Ord. O-77-86 § 34, 1977; Ord. O-74-44
§ 1 (part), 1974).
10.66.195 Authority of police communtiy service officers.
A police community service officer shall have the authority to enforce all provisions contained in Title 10 of the Lakewood Municipal Code pertaining to the parking of vehicles and shall have the same authority as a police agent to order the towing of a vehicle. A police community service officer shall have the power and authority to issue and serve summonses and complaints in the municipal court for parking violations and any other violation set forth in Title 10 of the Lakewood Municipal Code as authorized by the Chief of Police. Nothing in this Section shall vest or be construed so as to vest in police community service officers other powers, duties, rights, and emoluments of sworn police agents of the City of Lakewood. (Ord. O-2008-4 § 1, 2008).
10.66.200 Retrieval of impounded vehicles.
A. Upon presenting appropriate proof of identification and ownership of a vehicle
which has been impounded under the provisions of this title in an impoundment
lot and upon payment of the appropriate towing, storage and impoundment fees,
the registered owner of an impounded vehicle may retrieve his vehicle.
B. The Chief of Police or his designee shall designate hours when payment of
towing, storage and impoundment fees may be accepted and vehicles may be retrieved
from impoundment lots.
C. Such payment or towing, impoundment and storage fees shall not relieve the
owner of the impounded vehicle from any responsibility or liability to comply
with the terms of any notice or citation issued for illegally parking the vehicle.
D. Disposal of Abandoned Vehicles. Vehicles towed from streets or highways and
other property within this city and impounded as provided in this title, shall
be disposed of in accordance with the provisions of Title 3, Article 11 of this
code. (Ord. O-94-34 § 31, 1994; Ord. O-90-41 § 2, 1990; Ord. 84-60
§ 14, 1984; Ord. O-77-86 § 35, 1977; Ord. O-74-44 § 1 (part),
1974).
10.66.210 Record of traffic cases.
A. Pursuant to Section 42-4-1715, Colorado Revised Statutes, as amended, the
municipal court shall keep or cause to be kept a full record of every case in
which a person is charged with any violation of any of the traffic ordinances
of this municipality.
B. Pursuant to Sections 42-2-121 and 42-4-1715, Colorado Revised Statutes, as
amended, the municipal court shall forward to the State Department of Revenue
a record of the conviction or judgment of liability by default of any person
in the court for violation of any laws or ordinances after such conviction or
judgment of liability by default, provided that report need not be made of any
conviction involving a Class 4 traffic infraction. (Ord. O-97-62 § 55,
1997; Ord. O-93-68 § 10, 1993; Ord. O-77-86 § 36, 1977; Ord. O-74-44
§ 1 (part), 1974).
10.66.220 Procedure not exclusive.
The procedure prescribed herein shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a person for an offense
of like grade. (Ord. O-74-44 § 1 (part), 1974).
10.66.230 Jury trials.
Trial by jury shall not be allowed for those persons charged with a Class 3
or Class 4 traffic infraction. In the event a person charged with a Class 3
or Class 4 traffic infraction is also charged with a Class 2 traffic offense
arising out of the same incident, the person so charged may have a trial by
jury on all charges. (Ord. O-93-68 § 11, 1993; Ord. O-83-83 § 3, 1983).
10.66.250 Post-impoundment Hearings.
As to any vehicle impounded by an employee of the Lakewood Police Department, pursuant to the provisions of Title 10 of the Lakewood Municipal Code, or pursuant to Section 42-4-1202, C.R.S., the owner of record and any lienholder has a right to an administrative hearing to determine whether there was probable cause to impound the vehicle pursuant to Title 10 of the Lakewood Municipal Code. Said person must file a written demand for a hearing with the Lakewood City Attorney’s Prosecution Office within thirty days after the date of the impoundment and storage of the vehicle or within ten days of the postmark date of any notice sent by certified mail in compliance with the terms of Section 42-4-1804(4), C.R.S. This written demand must include the owner's or lienholder’s current address and a telephone number where the owner or lienholder can be reached between the hours of eight a.m. and five p.m. The Notice of Stored Vehicle shall be sent in the mail by the police department to the owner of record, if ascertained, and any lienholder, if ascertained, in compliance with Section 42-4-1804, C.R.S. unless a person who has legal entitlement to the vehicle retrieves it prior to the mailing of the notice. If the vehicle is retrieved prior to the mailing of the notice, written notice of the right to an administrative hearing shall be given by an employee of the Lakewood Police Department to the person retrieving the vehicle. (Ord. O-2010-9, § 7, 2010); Ord. O-97-62 § 56, 1997; Ord. O-94-34 § 32, 1994; Ord. O-86-71 § 1 (part), 1986).
10.66.260 Conduct of hearing.
A. A hearing shall be conducted by a Lakewood Municipal Court Judge within seventy-two hours of receipt by the Lakewood City Attorney’s Prosecution Office of a written demand from the person seeking the hearing, unless such person waives the right to a speedy hearing. Weekends, dates during which the Municipal Court is closed, and holidays are to be excluded from the calculation of the seventy-two hour period.
B. The sole issue before the Municipal Court Judge shall be whether there was probable cause to impound the vehicle in question. The Municipal Court Judge shall determine whether there was probable cause to conclude that the vehicle was subject to impoundment under the provisions of Title 10 of the Lakewood Municipal Code or the provisions of Title 42, C.R.S., which regulate the parking or abandonment of vehicles.
C. The hearing shall be conducted in an informal manner and shall not be bound by technical rules of evidence. The Municipal Court Judge may receive all or part of the evidence in written form. The person demanding the hearing shall carry the burden of establishing that such person has the right to possession of the vehicle. The City shall carry the burden of establishing that there was probable cause to impound the vehicle in question. The burden of proof shall be by a preponderance of the evidence. Failure of the registered or legal owner, or his agent, to attend a scheduled post-impoundment hearing shall be deemed a waiver of the right to such a hearing and probable cause, in such instance, shall be conclusively presumed.
D. At the conclusion of the hearing, the Municipal Court Judge shall prepare a written decision. At that time, a copy of such decision shall be provided to the registered or legal owner or his agent. The Municipal Court Judge’s decision shall in no way affect any criminal proceeding in connection with the impound in question and any criminal charges involved in such proceeding may only be challenged in the appropriate court. The decision of the Court is final. (Ord. O-2010-9, § 7, 2010); (Ord. O-97-62 § 57, 1997; Ord. O-86-71 § 1 (part), 1986).
10.66.270 Reimbursement for improper towing.
A. If the Municipal Court Judge determines that there was no probable cause to impound the vehicle, the Court shall prepare and date a Certificate of No Probable Cause. A copy of this certificate shall be given at the conclusion of the hearing to the registered or legal owner, or his agent, and to the police department.
B. Upon a determination of no probable cause, the City shall either fully reimburse the owner of the impounded vehicle for all towing and storage fees paid by the owner, or directly pay the Official Police Garage for the accrued fees. The Municipal Court Judge is not empowered to order reimbursement by the City for any expenses incurred by the owner due to the towing of the subject vehicle beyond the total sum of the towing and storage fees.
C. If the possessor fails to present such certificate to the official police garage having custody of the vehicle within twenty-four hours of its receipt, excluding such days when the Official Police Garage is not open for business, the possessor shall assume liability for all subsequent storage charges. The certificate shall advise the possessor of such requirement. (Ord. O-2010-9, § 8, 2010; Ord. O-86-71 § 1 (part), 1986).
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