Section 30-15-402 - Violations - penalty - surcharges - victim and witness assistance - brain injury trust fund(1) Any person who violates any county ordinance adopted pursuant to this part 4 commits a civil infraction or, in the case of traffic offenses, commits a traffic infraction, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation. If authorized by the county ordinance, the penalty assessment procedure provided in section 16-2-201 may be followed by any arresting law enforcement officer for any such violation. As part of said county ordinance authorizing the penalty assessment procedure, the board of county commissioners may adopt a graduated fine schedule for such violations. Such graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same individual. In the case of county traffic ordinance violations, the provisions of sections 42-4-1701 and 42-4-1703, and sections 42-4-1708 to 42-4-1718, shall apply; except that the fine or penalty for a violation charged and the surcharge thereon if authorized by county ordinance shall be paid to the county.(2) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of a violation of any ordinance adopted pursuant to this part 4 are subject to: (a) A surcharge of ten dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to section 24-4.2-103, C.R.S.(b) (Deleted by amendment, L. 2004, p. 1012, § 1, effective August 4, 2004.)(3) In addition to the penalties prescribed in subsection (1) of this section, persons convicted of operating a vehicle in excess of the speed limit in violation of an ordinance adopted pursuant to section 30-15-401 (1)(h) are subject to a surcharge of twenty dollars that shall be paid to the clerk of the court by the defendant. Each clerk shall transmit the money to the state treasurer, who shall credit the same to the Colorado brain injury trust fund created pursuant to section 26-1-309.Amended by 2021 Ch. 462, § 505, eff. 3/1/2022.Amended by 2019 Ch. 178, § 13, eff. 8/2/2019.L. 79: Entire part added, p. 1145, § 1, effective May 24. L. 81: Entire section R&RE, p. 1449, § 1, effective May 22. L. 93: Entire section amended, p. 1254, § 2, effective July 1. L. 96: (1) amended, p. 334, § 1, effective July 1. L. 99: (1) amended, p. 367, § 2, effective August 4. L. 2002: (2) amended, p. 1610, § 6, effective 1/1/2004. L. 2004: (2) amended and (3) added, p. 1012, § 1, effective August 4. L. 2009: (3) amended, (SB 09-133), ch. 2119, p. 2119, § 1, effective August 5. L. 2019: (3) amended, (HB 19-1147), ch. 2033, p. 2033, § 13, effective August 2. L. 2021: (1) amended, (SB 21-271), ch. 3249, p. 3249, § 505, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).