Rule 204 - Simplified Procedure for Trial of Municipal Charter and Ordinance Violations The following simplified procedure shall apply:
(a) Initiation of Prosecution.(1) Prosecution of a violation under simplified procedure shall be commenced by: (I) The issuance of a summons and complaint; (II) The issuance of a summons following the filing of a complaint; (III) The filing of a complaint following an arrest; or (IV) The filing of a summons and complaint following arrest. (b) Summons, Summons and Complaint -- By Whom Issued; How Served; Failure to Appear; Contents; Amendment.(1)Summons. Summons is issued by the clerk of the court following the filing of a sworn complaint when it appears from the complaint that there is probable cause to believe that a violation has been committed and that the defendant committed it. The summons need only contain the name of the defendant, the date, time, and place of appearance of the defendant. A copy of the complaint shall be served therewith, and a copy of the summons and the complaint shall be supplied to the prosecutor. (2)Warrant. In lieu of a summons a warrant may be issued at the discretion of the court following the filing of a sworn complaint. (3)Summons and Complaint. A summons and complaint may be issued by a peace officer for an offense constituting a violation which was committed in the peace officer's presence or, if not committed in the peace officer's presence, when the peace officer has reasonable grounds for believing that the offense was committed in fact and that the offense was committed by the person charged. A copy of the summons and complaint so issued shall be filed immediately with the court before which appearance is required. A second copy shall be supplied to the prosecutor if so requested. (4)Contents of Complaint or Summons and Complaint. The complaint shall contain the name of the defendant; the date and approximate location of the offense; identification of the offense charged, citing the charter or ordinance section alleged to have been violated; and a brief statement or description of the offense charged, which statement or description shall be sufficient if it states the type of offense to which the charter or ordinance relates. The summons and complaint shall contain all the foregoing information and shall also direct the defendant to appear before a specified court at a stated date, time, and place, or in the office of the court clerk or violations bureau as provided in subsection (5) below. (5) The summons or summons and complaint shall direct the defendant to appear before a specified court at a stated date, time, and place, or to appear or to respond at the office of the court clerk or violations bureau of a specified court at a stated date and time or within a stated period of time after service of said summons or summons and complaint. (6) Amendment of complaint or summons and complaint. The court may permit a complaint or summons and complaint to be amended as to form or substance at any time prior to trial; the court may permit it to be amended as to form at any time before the verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced. (c) Procedure After Initiation of Prosecution by Issuance of Summons or Summons and Complaint Without Arrest. Arraignment shall be conducted at the time of the defendant's first appearance in court in response to the direction to appear contained in the summons or summons and complaint, unless arraignment is continued as provided in Rule 210. (d) Procedure After Initiation of Prosecution by Issuance of Complaint or Summons and Complaint Following Arrest.(1) Any person arrested under a warrant issued upon a complaint, unless admitted to bail, shall be taken without unnecessary delay before a judge of the court which issued the warrant and shall be given a copy of the complaint and warrant. The defendant shall at such time be arraigned in accordance with the provisions of Rule 210, unless arraignment is continued as provided therein. (2) A person arrested without a warrant for an offense constituting a municipal charter or ordinance violation shall either (i) be served with a summons and complaint and admitted to bail or released upon personal recognizance, or (ii) be taken without unnecessary delay before the judge, whereupon a complaint or summons and complaint shall be filed forthwith with the court and a copy served upon the accused person, unless earlier filed and served. The accused person shall at such time be arraigned in accordance with the provisions of Rule 210, unless arraignment is continued as provided therein. (e) Service of Summons and Complaint. A copy of a summons or summons and complaint issued pursuant to these rules shall be served personally upon the defendant. In lieu of personal service, service may be made by leaving a copy of the summons or summons and complaint at the defendant's usual place of abode with some person over the age of eighteen years residing therein or by mailing a copy to the defendant's last known address by certified mail, return receipt requested, not less than 7 days prior to the time the defendant is required to appear. (f) Failure to Appear. If a person upon whom a summons or summons and complaint has been served pursuant to this Rule fails to appear in person or by counsel at the place and time specified therein, a bench warrant may issue for the person's arrest. Entire chapter amended June 30, 1988, effective 1/1/1989; (e) amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b). ANNOTATION Annotator's note. The following annotations include cases decided under former provisions similar to this rule. Personal service of parking summons not required. Fundamental principles of due process do not require personal service of parking summonses. Patterson v. Cronin, 650 P.2d 531 (Colo. 1982). As affixing to windshield suffices. The practice of affixing a summons and complaint to the windshield of an unattended motor vehicle is sufficient for the limited purpose of notifying the owner of the motor vehicle of a parking violation. Patterson v. Cronin, 650 P.2d 531 (Colo. 1982). Purpose of section (6)(4) requirement that "identification of the offense charged, citing the charter or ordinance section alleged to have been violated" is to provide for simplicity in procedure and fairness in administration. Alessi v. Municipal Court, 38 Colo. App. 153, 556 P.2d 87 (1976). Adequate notice of offense. Where the city and municipal court name is printed on the face of a ticket, the section number together with a reference to the "local ordinance" provides adequate notice to the defendant of the offense allegedly violated. Alessi v. Municipal Court, 38 Colo. App. 153, 556 P.2d 87 (1976). As to a "uniform traffic ticket and complaint" containing sufficient information as required for a summons and complaint under this rule, see Alessi v. Municipal Court, 38 Colo. App. 153, 556 P.2d 87 (1976). Applied in Garcia v. City of Pueblo, 176 Colo. 96, 489 P.2d 200 (1971).