(a) Except as specified in subsection (d) of this section, when a peace officer or designated civilian employee, based on evidence obtained in whole or in part by means of an automated vehicle identification system, has probable cause to believe that a traffic violation has been committed, the peace officer or designated civilian employee may issue, or cause to be issued through a contractor designated by the city manager, a penalty assessment notice charging the person in whose name the vehicle is registered based on the license plate or any other identification of the vehicle with violation of the applicable section, or the person designated by the owner as being the driver of the vehicle when the violation occurred. If, however, the vehicle is registered in more than one person's name, the penalty assessment notice shall be issued to the registrant whom the issuing peace officer or designated civilian employee determines, under all the facts and circumstances, was the person most likely depicted in the image produced by the camera.

(b) Any penalty assessment notice issued as part of an automated vehicle identification system program shall contain the name and address of the defendant; the license number of the vehicle involved; a citation of the code section alleged to have been violated; a brief description of the infraction or violation; the date and approximate place of the infraction or violation; the amount of any prescribed penalty, the number of points, if any, prescribed for such infraction or violation pursuant to Colorado Revised Statutes; and the date the penalty assessment notice is issued. The penalty assessment notice shall direct the defendant to a website portal where, prior to a date and time specified on the penalty assessment notice, the defendant can pay the penalty, submit evidence to dispute the identity of the driver as permitted by Colorado Revised Statutes and this code, or request a hearing before the Aurora parking and traffic bureau magistrate to dispute the penalty assessment notice. The penalty assessment notice shall also contain a line on which the defendant may elect to execute a signed acknowledgement of liability and an agreement to pay the penalty on or before the date on the notice. The penalty assessment notice shall also contain information on how the defendant can request a hearing before the Aurora parking and traffic bureau magistrate pursuant to section 134-426 to dispute the penalty assessment notice.

(c) A copy of the penalty assessment notice may be personally served upon the defendant in compliance with Colorado Municipal Court Rules of Procedure no later than 90 days after the date the alleged violation occurred. If a penalty assessment notice or notice of such violation was mailed to the defendant prior to personal service, and the defendant did not dispute the identity of the driver prior to personal service, then the defendant shall not be able to dispute the identity of the driver without a hearing.

(d) When a peace officer or designated civilian employee, based on evidence obtained in whole or in part by means of an automated vehicle identification system, has probable cause to believe that a vehicle was traveling 25 miles per hour or more in excess of the posted speed limit, the violation will be investigated as a traffic offense. The traffic offense will be referred to a sworn police officer for investigation. (Ord. No. 2023-09, § 3, 4-10-2023; Ord. No. 2022-38, § 1, 7-11-2022; Ord. No. 2005-05, § 1, 2-28-2005)