§ 58-41. Classification of violations; right to jury trial.

(a)

Classification of violations. Offenses shall be classified as either ordinance violations or traffic violations. Certain parking offenses shall be classified as civil parking violations. Ordinance violations are found within the Arvada City Code. Traffic violations are found in the Model Traffic Code for Colorado as adopted and amended by Arvada. Civil parking violations are found in division 1 of article IV, local parking regulations, of chapter 54, motor vehicles and traffic, of the Arvada City Code.

(1)

Notwithstanding any other provision of this Code, ordinance violations that carry the possibility of a jail sentence shall be known as misdemeanor ordinance violations, and those that do not carry the possibility of a jail sentence shall be known as petty offenses.

(2)

Traffic violations shall be classified as either misdemeanor traffic offenses or noncriminal traffic infractions. A violation of any of the following provisions of the Model Traffic Code for Colorado as adopted and amended by Arvada shall be classified as misdemeanor traffic offenses:

a.

Section 1101(1), "Speed Limits," only where the speed alleged is twenty-five or more miles in excess of the reasonable and prudent speed;

b.

Section 1105, "Speed contests-speed exhibition;"

c.

Section 1401, "Reckless driving;"

d.

Section 1402, "Careless driving'"

e.

Section 1409, "Compulsory insurance;"

f.

Section 1413, "Eluding or attempting to elude a police officer;" or

g.

Section 1903, "School buses-stops-signs-passing."

All other traffic violations contained in the Model Traffic Code for Colorado as adopted and amended by Arvada shall be classified as noncriminal traffic infractions.

(b)

Right to jury trial. Any defendant charged with a misdemeanor ordinance violation, petty offense, or a misdemeanor traffic offense shall have a right to a trial by jury if, within 21 calendar days after entry of a plea, the defendant files with the court a written jury demand and tenders to the court a jury fee of $25.00. The jury fee may be waived by the court if the court finds the defendant to be indigent.

(c)

Multiple violations. In the event that a defendant is charged with more than one traffic violation arising out of the same incident, and at least one of the charged offenses is a misdemeanor traffic offense, the defendant shall have the right to demand a trial by jury as to all violations arising out of that incident. All such violations shall be consolidated for purposes of trial.

(Code 1960, § 1-10; Code 1981, § 18-29; Ord. No. 2039, § 1, 3-5-1984; Ord. No. 3286, § 1, 8-19-1996; Ord. No. 4384, § 5, 4-15-2013 )

State law reference

Trial by jury, C.R.S. §§ 13-10-114, 16-10-109.