C.R.S. § 30-20-619.5 — CO Code / Title 30 / Article 20 / Part 6 / Section 30-20-619.5
30-20-619.5. Issuing refunding bonds
Status: in_force

30-20-619.5. Issuing refunding bonds. (1) The board may issue one or more series of bonds to refund all or any portion of the outstanding bonds issued by one or more improvement districts pursuant to section 30-20-619. Any such bonds shall be issued in accordance with the provisions of article 56 of title 11, C.R.S. In such case, for purposes of complying with the requirements of article 56 of title 11, C.R.S., any bonds issued to refund all or any portion of the outstanding bonds of one or more improvement districts shall be deemed to be revenue bonds, the refunded bonds shall be deemed to be revenue obligations, and the assessments shall be deemed to be revenue.

(2) Any bonds issued pursuant to this section may refund all or any portion of the outstanding bonds of one or more improvement districts and may be secured by a combination of assessments levied on all or a specifically identified portion of the assessed property located within such districts.

(3) Two or more series of bonds may be issued to refund the outstanding bonds of one or more districts, and each series may be secured by assessments levied on different portions of the assessed property located within the districts that have outstanding bonds.

(4) Except as otherwise provided in subsection (5) or (6) of this section, in connection with the issuance of refunding bonds pursuant to this section, the board may amend the resolution imposing the assessment to modify all or any portion of the following terms describing the assessment as specified in the resolution:

(a) The rate of interest the board charges on unpaid installments;

(b) Any penalty for prepayment of an assessment;

(c) The principal balance due and owing on the assessment;

(d) The dates upon which unpaid assessments are due;

(e) The number of years over which unpaid assessments are due; or

(f) Any other term specified in the resolution as necessary to make the resolution conform to the requirements of this section.

(5) Before the board may amend the resolution imposing the assessment to increase the amount of principal and interest due and owing under the assessment, the number of years over which unpaid assessments are due, or the amount of any unpaid assessments, the board shall:

(a) Obtain consent in writing to the amendment to the resolution from the owner of each tract of land that would be affected by the amendment; or

(b) (I) Set a place and time, not less than twenty days nor more than forty days after the date of such setting, for a hearing on the proposed amendment.

(II) Thereupon, the clerk of the board shall cause notice by publication to be made of the pendency of the proposed amendment, a summary of the terms of such amendment as described in subsection (4) of this section, and of the time and place of the hearing on the proposed amendment.

(III) All complaints and objections made in writing concerning the proposed amendment by the owners of any property in the district shall be heard and determined by the board before final action is taken. If the owners of the tracts upon which more than one-half of the affected assessments, measured by the unpaid assessment balance, submit written protests to the amendment to the board on or before the date specified in the notice, the board shall not adopt the proposed amendment. Any proposed amendment may be modified, confirmed, or rescinded prior to passage of the resolution authorized under subsection (4) of this section.

(6) Notwithstanding any other provision of law, in order either to issue refunding bonds or to amend a resolution of the board imposing an assessment pursuant to this section, the board shall make written findings that:

(a) The obligation of the county shall not be materially or adversely impaired with respect to any outstanding bond secured by the assessments; and

(b) The principal balance of any assessment shall not increase to an amount such that the aggregate amount that is assessed against any one particular tract of land exceeds the maximum benefit to the tract that is estimated to result from the project that is financed by the assessment and refunding of the outstanding bonds.
C.R.S. § 30-20-113 — CO Code / Title 30 / Article 20 / Part 1 / Section 30-20-113
30-20-113. Inspection - enforcement - nuisances - violations - civil penalty
Status: repealed

30-20-113. Inspection - enforcement - nuisances - violations - civil penalty. (1) A person shall not:

(a) Abandon a solid wastes disposal site and facility or operate, maintain, or close such a facility in a manner that violates any of the provisions of this part 1, any rule or regulation adopted pursuant thereto, or any certificate of designation issued under section 30-20-104;

(b) Dispose of solid waste at a location other than a site designated for such use by a county or municipality, unless otherwise exempted by this part 1 or unless the person is disposing of his or her own waste on his or her own property;

(c) Dispose of solid wastes in any manner that violates any of the provisions of part 10 of this article or any rule adopted pursuant thereto;

(d) Repealed.

(e) Violate any provision of part 14 of this article or any rule adopted pursuant to part 14 of this article.

(2) (a) Whenever the department finds that any solid wastes disposal site and facility or any person is in violation of subsection (1) of this section, the department may issue an order requiring that the site and facility or person comply with any such requirement, rule, or certificate of designation and may request the attorney general to bring suit for injunctive relief or for penalties pursuant to this section. The department shall not be required to conduct a hearing in accordance with section 24-4-105, C.R.S., before issuing an order pursuant to this subsection (2).

(b) (I) An order issued pursuant to this subsection (2) may include an administrative penalty assessment as provided in subsection (4) or (5) of this section. In lieu of imposing an administrative penalty assessment for a violation of subsection (1) of this section, the department may seek to have a civil penalty imposed, as provided in subsection (4) or (5) of this section, for such violation. The department shall bring an action for a civil penalty in the district court for the judicial district in which the violation occurred.

(II) If the department issues an order that does not contain an administrative penalty assessment, the department shall not be precluded from subsequently imposing an administrative penalty assessment or seeking a civil penalty for the violations detailed in the order.

(c) The department shall serve an order issued pursuant to this subsection (2) on the person who is the subject of the order by personal service or by certified mail. In addition to imposing an administrative penalty, the order may prohibit the person from engaging in specified activity in violation of subsection (1) of this section or may require the person to comply with the requirements of part 1 or part 10 of this article. The order shall take effect upon issuance unless otherwise specified in the order.

(2.5) (a) A person against whom an order has been issued, referred to in this section as the "requesting party", may submit a written request to the office of administrative courts in the department of personnel for a hearing on the order and shall provide a copy of the request to the executive director of the department or the executive director's designee. The requesting party shall file the request for hearing by personal service or by certified mail within thirty calendar days after the effective date of the order. An administrative law judge from the office of administrative courts shall conduct the hearing in accordance with section 24-4-105, C.R.S., except as otherwise specified in this section.

(b) If a request for a hearing is filed, payment of any monetary penalty is stayed pending a final decision by the administrative law judge after the hearing on the merits. Absent a motion to stay the order pursuant to paragraph (c) of this subsection (2.5), the requesting party shall comply with any other requirements of the order. If the administrative law judge grants a motion to stay the order, the department shall not be precluded from imposing a penalty against the requesting party for subsequent violations of subsection (1) of this section.

(c) (I) The requesting party may submit a motion to the administrative law judge to stay the enforcement of the order pending the outcome of the hearing. The administrative law judge may grant the motion to stay any portion of the order if he or she determines that the balance of equities favors the requesting party. In making his or her determination, the administrative law judge shall consider the following factors:

(A) The probability of serious harm to the requesting party if the motion for a stay is denied;

(B) The probability that no serious harm to the public health or the environment will occur if the motion for a stay is granted;

(C) The merits of the requesting party's case; and

(D) The public interest.

(II) If the administrative law judge grants a stay of all or a portion of the order, the requesting party shall not be excused from its obligations under applicable laws, rules, permits, and valid, existing orders.

(III) The administrative law judge shall expedite hearings and determinations on a motion to stay an order. The requesting party bears the burden of proof in a motion to stay an order.

(d) Except as provided in subparagraph (III) of paragraph (c) of this subsection (2.5), the department bears the burden of proof by a preponderance of the evidence in a hearing pursuant to this subsection (2.5).

(e) (I) Upon the motion of a party to the hearing, and in the discretion of the administrative law judge, an administrative law judge may request an interpretive rule from the solid and hazardous waste commission pertaining to any rule that is at issue in the hearing, but only if there is no genuine issue of material fact or the parties have stipulated to the material facts for the purposes of the interpretive rule. The administrative law judge may adjust the schedule of the hearing to accommodate the receipt of an interpretive rule. In making a determination on a motion to request an interpretive rule, the administrative law judge shall consider the following factors:

(A) Whether the plain language of the rule in question is clear and unambiguous;

(B) Whether the proposed construction of the rule in question would lead to an absurd result; and

(C) Whether the solid and hazardous waste commission has previously issued an interpretive rule concerning the subject of the request for an interpretive rule.

(II) Notwithstanding section 24-4-103 (1), C.R.S., if the administrative law judge requests, and the solid and hazardous waste commission agrees to issue, an interpretive rule, the commission shall give notice to the public of the interpretive rule-making proceeding in accordance with section 24-4-103, C.R.S. The commission shall provide the notice within forty-five days after receipt of the request. The commission shall accept written material, not to exceed fifteen pages in length, from any interested person if it is provided within fifteen days after the date that notification is given. The commission shall issue the written interpretive rule no later than thirty days after the deadline for the submission of written material. The legal effect of any such interpretive rule shall be determined in accordance with applicable law and is not presumed to be binding on any party to the hearing.

(f) Notwithstanding section 24-4-105 (15), C.R.S., any appeal of a determination of the administrative law judge pursuant to this subsection (2.5) shall be filed in the appropriate district court in accordance with section 24-4-106, C.R.S.

(2.7) The department shall bring an action for a violation of subsection (1) of this section within two years after the date the department discovers an alleged violation or within five years after the date the alleged violation occurred, whichever date occurs earlier; except that the limitation period is tolled during any period that a person intentionally conceals the alleged violation. For the purposes of this section, "intentionally" shall have the meaning provided for such term in section 18-1-501 (5), C.R.S.

(3) Any solid wastes disposal site and facility found to be abandoned or inactive or that is operated, maintained, or closed in a manner so as to violate any of the provisions of this part 1 and part 10 of this article or any rule adopted pursuant thereto shall be deemed a public nuisance, and such violation may be enjoined by the department, the board of county commissioners of the county wherein the violation occurred, or the governing body of the municipality wherein the violation occurred.

(4) Any person who violates paragraphs (b) and (c) of subsection (1) of this section shall be subject to a clean-up and cease-and-desist order issued by the department or by the board of county commissioners if the violation occurred in the unincorporated area of the county or by the governing body of a municipality if the violation occurred within the municipality. Any person who fails to comply with such orders shall be subject to an administrative or civil penalty of not more than ten thousand dollars for each day of such violation. The violation and civil penalty shall be determined and enforced by a court of competent jurisdiction upon action instituted by the board or governing body that issued the orders. The violation and administrative penalty shall be determined and enforced in accordance with subsections (2), (2.5), and (5.5) of this section. Any penalty collected shall be distributed to the county or municipality that instituted the action.

(5) (a) Any person who is found pursuant to subsection (2) of this section to be in violation of subsection (1) of this section or who fails to comply with an order issued by the department shall be subject to an administrative or civil penalty of not more than ten thousand dollars for each day of such violation.

(b) Any penalty collected by the department under this part 1 or part 10 of this article shall be paid to the state treasurer; however, notwithstanding this paragraph (b), the department may enter into settlement agreements regarding any penalty or claim under this part 1 or part 10 of this article. Any settlement agreement may include but is not necessarily limited to the payment or contribution of moneys to state or local agencies for environmentally beneficial purposes.

(5.5) (a) In determining the amount of an administrative or civil penalty imposed pursuant to subsection (4) or (5) of this section for a violation of subsection (1) of this section, the department, the administrative law judge, or the court shall consider the following factors:

(I) The seriousness of the violation;

(II) Whether the violation was intentional, reckless, or negligent;

(III) The impact upon or the threat to public health or the environment as a result of the violation;

(IV) The degree, if any, of recalcitrance or recidivism upon the part of the violator;

(V) The economic benefit realized by the violator as a result of the violation;

(VI) The voluntary and complete disclosure by the violator of the violation in a timely manner after discovery of, and prior to the department's knowledge of, the violation, as long as all reports required to be submitted under state environmental laws have been submitted as and when required;

(VII) The full and prompt cooperation by the violator following disclosure of the violation, including, when appropriate, entering into and implementing a good faith and legally enforceable agreement to undertake compliance and remedial efforts;

(VIII) The existence of a regularized and comprehensive environmental compliance program or an environmental audit program that was adopted in a timely and good faith manner and that includes sufficient measures to identify and prevent future noncompliance; and

(IX) Other aggravating or mitigating circumstances or factors.

(b) The factors contained in subparagraphs (VI), (VII), and (VIII) of paragraph (a) of this subsection (5.5) shall be mitigating factors and may be applied, together with other factors, to reduce the amount of the penalty.

(6) The department, by its duly authorized representatives, shall have the power to enter and inspect each solid wastes disposal site and facility, as well as any property, premises, or place in which solid waste is reasonably believed to be located for the purposes of determining compliance with the requirements, rules, and certificate of designation issued pursuant to this part 1 and part 10 of this article. Such employee or representative shall have access to all such sites and facilities during any time when the site or facility is open to the public. If such entry or inspection is denied or not consented to and no emergency exists, the department is empowered to and shall obtain from the district court for the judicial district in which such property, premises, or place is located a warrant to enter and inspect any such property, premises, or place prior to entry and inspection. The district courts of this state are empowered to issue such warrants upon a showing that such entry and inspection is required to verify that the purposes of this part 1 and part 10 of this article are being carried out.

(7) The solid and hazardous waste commission shall establish such rules as are necessary to implement this section.

(8) Nothing in this section shall preclude or preempt the authority of a county or municipality to adopt or enforce its own local resolutions or ordinances.

(9) [Editor's note: This version of subsection (9) is effective until July 1, 2026.] Notwithstanding any other provision of this part 1 or part 10 of this article other than section 30-20-110.5, the processing, application, storage, or composting of biosolids or other materials under rules promulgated pursuant to section 25-8-205 (1)(e), C.R.S., shall be excluded from this part 1 and part 10 of this article.

(9) [Editor's note: This version of subsection (9) is effective July 1, 2026.] Notwithstanding any other provision of this part 1 or part 10 of this article 20, the processing, application, storage, or composting of biosolids or other materials under rules promulgated pursuant to section 25-8-205 (1)(e) are excluded from this part 1 and part 10 of this article 20.
C.R.S. § 30-20-115 — CO Code / Title 30 / Article 20 / Part 1 / Section 30-20-115
30-20-115. Solid wastes disposal site and facility fund - tax - fees
Status: in_force

30-20-115. Solid wastes disposal site and facility fund - tax - fees. (1) Any governing body having jurisdiction is authorized to establish a solid wastes disposal site and facility fund. The governing body having jurisdiction may levy a solid wastes disposal site and facility tax, in addition to any other tax authorized by law, on the taxable property within a county or municipality, the proceeds of which shall be deposited to the credit of said fund and appropriated to pay the cost of land, labor, equipment, and services needed in the operation of solid wastes disposal sites and facilities and for any other solid wastes management purpose in or on behalf of that county or municipality. Any governing body having jurisdiction is also authorized, after a public hearing, to fix, modify, and collect service charges from users of solid wastes disposal sites and facilities or transfer stations for the purpose of financing solid wastes management in that county or municipality. In the event that a countywide solid waste disposal site and facility tax has been imposed with the consent of a majority of the voters in the county, that tax may continue to be collected countywide and may accrue to the county's solid waste disposal site and facility fund, notwithstanding any subsequent taxes as may be levied by any municipalities within the county under this section.

(2) (a) Nothing in subsection (1) of this section shall be construed to authorize any governing body having jurisdiction to collect service charges from users of any privately owned or operated site and facility that is for the primary purpose of processing, reclaiming, or recycling:

(I) Recyclable materials;

(II) Excluded scrap metal;

(III) Auto parts; or

(IV) Scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap.

(b) Nothing in this subsection (2) shall be construed to prohibit any governing body having jurisdiction from levying or collecting service charges from users of a solid wastes disposal site and facility at which recycling occurs.
C.R.S. § 30-10-301 — CO Code / Title 30 / Article 10 / Part 3 / Section 30-10-301
30-10-301. Oath or affirmation of commissioners
Status: in_force

30-10-301. Oath or affirmation of commissioners. Each person elected as commissioner, on receiving a certificate of his or her election, shall take an oath or affirmation in accordance with section 24-12-101.
C.R.S. § 30-26-105 — CO Code / Title 30 / Article 26 / Part 1 / Section 30-26-105
30-26-105. Form of bonds - redemption fund
Status: in_force

30-26-105. Form of bonds - redemption fund. The board of county commissioners is authorized to prescribe the form of such bonds, and the coupons thereto, and to provide for the half-yearly interest accruing on such bonds actually issued and delivered; they shall levy annually a sufficient tax to fully discharge such interest; and, for the ultimate redemption of such bonds, they shall levy annually, after nine years from the date of such issuance, such tax upon all the taxable property in their county as shall create a yearly fund equal to ten percent of the whole amount of such bonds issued, which fund shall be called the redemption fund. All taxes for interest on and for the redemption of such bonds shall be paid in cash only and shall be kept by the county treasurer as a special fund to be used in payment of interest on and for the redemption of such bonds only; and such taxes shall be levied and collected as other taxes.
C.R.S. § 30-5-160 — CO Code / Title 30 / Article 5 / Section 30-5-160
30-5-160. Routt
Status: in_force

30-5-160. Routt. Beginning at the intersection of the west line of range eighty-eight west with the north boundary line of Colorado; thence south on said range line to its intersection with the north line of township seven north; thence west on said township line to the section line between sections three and four in township seven north, range eighty-nine west; thence south on said section line to the northeast corner of section twenty-eight in said township seven north, range eighty-nine west; thence west along the north line of sections twenty-eight, twenty-nine, and thirty in township seven north, range eighty-nine west to its intersection with the west line of range eighty-nine west; thence south on the west line of range eighty-nine west to the southwest corner of section eighteen, township three north, range eighty-nine west; thence east on the east-west centerline of said township to the southeast corner of section sixteen in range eighty-six west; thence south on the north-south centerline of said range to the south line of township one south; thence east on said township line to its intersection with the west line of range eighty-two west; thence north along said range line to its intersection with the continental divide in township six north; thence northerly along said divide to its intersection with the north boundary line of Colorado; and thence west on said boundary line to the place of beginning. Said public land surveys are based upon the sixth principal meridian.
C.R.S. § 30-15-401 — CO Code / Title 30 / Article 15 / Part 4 / Section 30-15-401
30-15-401. General regulations - definitions
Status: repealed

30-15-401. General regulations - definitions. (1) In addition to those powers granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article 15, the board of county commissioners may adopt ordinances for control or licensing of those matters of purely local concern that are described in the following enumerated powers:

(a) (I) (A) To provide for and compel the removal of rubbish, including trash, junk, and garbage, from lots and tracts of land within the county, except industrial tracts of ten or more acres and agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such rubbish, and to assess the reasonable cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts from which such rubbish has been removed. Ordinances passed by a board of county commissioners for the removal of rubbish pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this sub-subparagraph (A).

(B) A county court or district court having jurisdiction over property from which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and seizure warrant for the removal of such rubbish. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the rubbish within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, a general list of any rubbish to be removed from such property, and the proposed disposal or temporary impoundment of such rubbish, whichever the court deems appropriate. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (B), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, shall be submitted to the court by the executing authority.

(I.5) (A) To provide for and compel the removal of weeds and brush from lots and tracts of land within the county except agricultural land currently in agricultural use as the term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such weeds and brush, and to assess the reasonable cost thereof, including ten percent for inspection and other incidental costs in connection therewith, upon the property from which such weeds have been removed. Ordinances passed by a board of county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which weeds and brush shall be removed. Any assessment pursuant to this sub-subparagraph (A) shall be a lien against such property until paid and shall have priority based on its date of recording. A county shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time that a mortgage or deed of trust secured by the lot or tract of land is being foreclosed upon.

(B) In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments pursuant to this sub-subparagraph (B).

(C) A county court or district court having jurisdiction over property from which weeds and brush shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry and seizure warrant for the removal of such weeds and brush. Such warrant shall be issued upon presentation by a county of ordinance provisions which meet the requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the property owner has received notice of the violation and has failed to remove the weeds and brush within a reasonable prescribed period of time, a general description of the location of the property which is the subject of the warrant, and the proposed disposal of such weeds and brush. Within ten days following the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this sub-subparagraph (C), such warrant shall be executed in accordance with directions by the issuing court, a copy of such issued warrant shall be provided or mailed to the property owner, and proof of the execution of such warrant shall be submitted to the court by the executing authority.

(II) To inspect vehicles proposed to be operated in the conduct of the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials and to determine, among other things, that any such vehicle has the following:

(A) A permanent cover of canvas or equally suitable or superior material designed to cover the entire open area of the body of such vehicle;

(B) A body so constructed as to be permanently leakproof as to such discarded materials;

(C) Extensions of sideboards and tailgate, if any, constructed of permanent materials;

(III) To contract with persons in the business of transporting and disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to provide such services, but in no event on an exclusive territorial basis, to every lot and tract of land requiring such services within the unincorporated area of the county or in conjunction with the county on such terms as shall be agreed to by the board of county commissioners. Nothing in this subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot or tract from removing discarded materials from his lot, so long as appropriate standards of safety and health are observed.

(IV) To regulate the activities of persons in the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area by requiring each such person to secure a license from the county and charging a fee therefor to cover the cost of administration and enforcement and by requiring adherence to such reasonable standards of health and safety as may be prescribed by the board of county commissioners and to prohibit any person from commercially collecting or disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials within the unincorporated area without a license and when not in compliance with such standards of health and safety as may be prescribed by the board;

(V) To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease, limited to the following:

(A) In addition to the authority given counties under section 18-4-511, C.R.S., to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and garbage, on public or private property;

(B) (Deleted by amendment, L. 2008, p. 2054, § 11, effective July 1, 2008.)

(C) To adopt reasonable regulations for controlling pollution caused by wood smoke;

(D) In addition to the authority given counties under article 5 of title 35, C.R.S., to establish mosquito control areas, to assess the whole cost thereof against those persons especially benefitted by the service, and, if a person's portion of the assessment is not paid within a reasonable time as specified by ordinance, to direct that the assessment, which shall be a lien against the property of such person, be certified by the county clerk and recorder to the county treasurer for collection in the same manner as other taxes are collected;

(VI) To require every person in the business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials to and from disposal sites to have, before commencing such operations, in such motor vehicle a motor vehicle liability insurance policy or evidence of such policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado in the sum of not less than one hundred fifty thousand dollars for damages for or on account of any bodily injury to or the death of each person as the result of any one accident, in the sum of not less than one hundred fifty thousand dollars for damages to the property of others as the result of any one accident, and in the total sum of not less than four hundred thousand dollars for damages for or on account of any bodily injury to or the death of all persons and for damages to the property of others. Any liability for failure to comply with the requirements of this subparagraph (VI) shall be borne by the individual, partnership, or corporation who owns such vehicle.

(b) To prevent and suppress riots, routs, affrays, disturbances, and disorderly assemblies in any public or private place;

(c) To suppress bawdy and disorderly houses and houses of ill fame or assignation; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;

(d) To restrain and punish loiterers and prostitutes;

(d.5) To discourage juvenile delinquency through the imposition of curfews applicable to juveniles, the restraint and punishment of loitering by juveniles, and the restraint and punishment of defacement of, including the affixing of graffiti to, buildings and other public or private property by juveniles by means that may include restrictions on the purchase or possession of graffiti implements by juveniles. The board of county commissioners, when enacting an ordinance to carry out the powers granted by this subsection (1)(d.5), may make it unlawful for a retailer to sell graffiti implements to juveniles but shall not dictate the manner in which the retailer displays graffiti implements. For purposes of this subsection (1)(d.5), "juvenile" means a juvenile as defined in section 19-2.5-102 and "graffiti implement" means an aerosol paint container, broad-tipped marker, gum label, paint stick or graffiti stick, or etching equipment.

(e) To control unleashed or unclaimed animals, except those animals defined in section 35-44-101 (1), C.R.S.;

(f) To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law and with the consent of the board of county commissioners;

(g) To authorize the acceptance of a bail bond when any person has been arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state.

(h) (I) To control and regulate the movement and parking of vehicles and motor vehicles on public property; except that:

(A) Misdemeanor traffic offenses and the posted speed limit on any state highway located within the county are matters of statewide interest;

(B) For the purposes of any minimum parking requirement a board of county commissioners imposes, the board of county commissioners is subject to article 35 of title 29 and section 30-28-140; and

(C) For the purpose of regulating the installation of electric vehicle charging stations, the board of county commissioners is subject to section 30-28-212.

(II) The county may establish fire lanes and emergency vehicle access on public or private property zoned commercial or residential and provide for fines and punishment of violators;

(i) To regulate and license escort bureaus, escorts, and escort bureau runners to the extent permitted under article 11.8 of title 29;

(j) To regulate and license secondhand dealers to the extent permitted under article 13 of title 18, C.R.S.;

(k) To regulate and license pawnbrokers as provided in section 29-11.9-102;

(k.5) To require registration of persons who engage in door-to-door selling of merchandise or goods and the delivery thereof within the county; except that nonprofit organizations which are exempt from the income tax imposed under article 22 of title 39, C.R.S., and schools shall not be subject to county requirements imposed under this paragraph (k.5);

(l) (I) To adopt reasonable regulations for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following:

(A) Minimum age requirements for admittance to such establishments;

(B) Limitations on the hours during which such establishments may be open for business; and

(C) Restrictions on the location of such establishments with regard to schools, churches, and residential areas.

(II) The board of county commissioners may enact ordinances which provide that any establishment which engages in repeated or continuing violations of regulations adopted by the board shall constitute a public nuisance. The county attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction against the operation of such establishment in a manner which violates such regulations.

(III) Nothing in the regulations adopted by the board of county commissioners pursuant to this paragraph (l) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(m) (I) In addition to the authority given counties in article 12 of title 25, C.R.S., to enact ordinances which regulate noise on public and private property except as provided in subparagraph (II) of this paragraph (m); prohibit the operation of any vehicle that is not equipped with a muffler in constant operation and is not properly maintained to prevent an increase in the noise emitted by the vehicle above the noise emitted when the muffler was originally installed; and prohibit the operation of any vehicle having a muffler that has been equipped or modified with a cutoff and bypass or any similar device or modification. For the purposes of this paragraph (m), "vehicle" shall have the same meaning as that set forth in section 42-1-102 (112), C.R.S.

(II) Ordinances enacted to regulate noise on public and private property pursuant to subsection (1)(m)(I) of this section do not apply to:

(A) Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and

(B) Property used for: Manufacturing, industrial, or commercial business purposes; and public utilities regulated pursuant to title 40.

(n) To provide for and compel the removal of snow on sidewalks within the county, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including removal performed by the county upon notice to and failure of the property owner to remove such snow and to assess the whole cost thereof, and other incidental costs in connection therewith, upon the property from which such snow has been removed;

(n.5) (I) To ban open fires to a degree and in a manner that the board of county commissioners deems necessary to reduce the danger of wildfires within those portions of the unincorporated areas of the county where the danger of forest or grass fires is found to be high based on competent evidence.

(II) Subject to subparagraph (IV) of this paragraph (n.5), the board of county commissioners in each county that has a substantial forested area shall, by January 1, 2012, develop an open burning permit system for the purpose of safely disposing of slash. In developing an open burning permit system, the board is encouraged to consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall:

(A) Collaborate with county and local jurisdictions such as the sheriff's office and fire protection districts, identify the agencies responsible for burner education, permitting, and compliance, and consider developing an education plan to inform private property owners of the benefits, criteria, and required processes for slash pile burning;

(B) Consider and be consistent with existing laws and processes that ban, regulate, or have developed recommendations concerning open burning, including sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124, C.R.S.;

(C) Consider existing county ordinances;

(D) Consider existing scientific and applied knowledge of safe burning conditions, including consideration of, and the advisability of specifying permit limitations concerning, the number of slash piles that may be burned at one time per person who is monitoring the burn, the size of slash piles, temperature, humidity, snow cover, wind conditions, overhead and other types of electric utility facilities, including adequate distances from such facilities, fuel type and moisture content, slope, and setbacks from real estate improvements;

(E) Exempt broadcast burns conducted within federal and state guidelines that have a written prescribed fire plan and agricultural burns; and

(F) Include mechanisms to notify individuals with respiratory conditions, if requested by the individual, and contiguous landowners of the date, time, and location of slash pile burns.

(III) Nothing in this paragraph (n.5) infringes upon or otherwise affects the ability of agricultural producers to conduct burning on their property.

(IV) A board of county commissioners that has an open burning permit system on April 13, 2011, need not comply with the requirements of subparagraph (II) of this paragraph (n.5) until the board materially alters the system.

(V) For purposes of this subsection (1)(n.5):

(A) "Competent evidence" includes the use of the national fire danger rating system, predictions of future fire danger such as those issued by the national interagency coordination center or any successor entity, localized evidence of low fuel moisture content, and any other similar indices or information.

(B) "County that has a substantial forested area" means a county that has at least forty-four percent forest cover as determined by the state forester appointed pursuant to section 23-31-207, C.R.S.

(C) "Open burning" means fire that a person starts and that is intentionally used for forest management.

(D) "Slash" means woody material less than six inches in diameter consisting of limbs, branches, and stems that are free of dirt. "Slash" does not include tree stumps, roots, or any other material.

(n.7) To prohibit or restrict the sale, use, and possession of fireworks, including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a period no longer than one year within all or any part of the unincorporated areas of the county. Such an ordinance shall be in effect for the period between May 31 and July 5 of any year only if the county adopts a resolution specifying that the ordinance remains in effect for such period, which resolution includes an express finding of high fire danger, based on competent evidence, as defined in subsection (1)(n.5) of this section. However, if the county adopts a resolution specifying that the ordinance remains in effect for such period, or any portion of such period, and subsequent to the adoption of the resolution, a change in the weather occurs resulting in competent evidence that the high fire danger is not present and no longer will be present during the remainder of the period, the county shall endeavor to promptly consider whether to exercise its legislative discretion to rescind the restrictions it has adopted on the sale, use, and possession of fireworks. Notwithstanding any other provision of this subsection (1)(n.7), the ordinance remains in effect and is fully enforceable until the restrictions have been rescinded.

(o) In addition to the authority given counties under sections 30-10-513.5 and 30-15-401.5, to enact ordinances to restrain and punish any person who gives, makes, or causes to be given a false alarm of fire and to assess costs associated with such false alarms;

(o.5) To provide by ordinance for the regulation and licensing of alarm systems which transmit information to law enforcement or other public safety officials located within the county;

(p) In addition to the authority given counties under article 7 of title 29, C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation the fees for certificates, permits, licenses, and passes for users in order to provide the funds for recreational facility development and to offset the costs of emergency search and rescue operations on public lands and the construction, operation, and maintenance of recreation paths on public property; except that areas, lakes, properties, and facilities under the control and management of the division of parks and wildlife shall be exempt from any such fees for certificates, permits, licenses, passes, or any other special charges;

(q) To provide for and compel the removal of any building or structure, except for a building or structure on affected land subject to the "Colorado Mined Land Reclamation Act", as the term "affected land" is defined in section 34-32-103 (1.5), C.R.S., or on lands subject to the "Colorado Surface Coal Mining Reclamation Act", pursuant to article 33 of title 34, C.R.S., the condition of which presents a substantial danger or hazard to public health, safety, or welfare, or any dilapidated building of whatever kind which is unused by the owner, or uninhabited because of deterioration or decay, which condition constitutes a fire hazard, or subjects adjoining property to danger of damage by storm, soil erosion, or rodent infestation, or which becomes a place frequented by trespassers and transients seeking a temporary hideout or shelter, at such time, upon such notice, and in such manner as the board of county commissioners may prescribe by ordinance, including the removal performed by the county upon notice to and failure of the property owner to remove such building or structure, and to assess the whole cost of such removal, including incidental costs and a reasonable fee for inspection which fee shall not exceed five percent of the total amount due in connection therewith, upon the property from which such building or structure has been removed. Any assessment pursuant to this paragraph (q) shall be a lien against such property until paid. If such assessment is not paid within a reasonable time as specified by ordinance, it may be certified by the clerk and recorder to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected.

(r) (I) To regulate distressed real property by requiring that such real property be secured, maintained, and insured by the owner of such real property or, if applicable, by a holder of a lien that has taken possession of such real property pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take possession of or to preserve the real property. The county may require that real property owners, a holder in possession pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to preserve or take possession of real property provide to the county planning and zoning department contact information for the person or entity responsible for the preservation of the real property.

(II) For purposes of this paragraph (r), "distressed real property" means any real property in foreclosure or any vacant or abandoned real property.

(s) (I) To license and regulate an owner or owner's agent who rents or advertises the owner's lodging unit for a short-term rental, and to fix the fees, terms, and manner for issuing and revoking licenses issued therefor. As used in this subsection (1)(s)(I), "owner's agent" does not include a vacation rental service, except as set forth in subsection (1)(s)(IV) of this section.

(II) The licensing or regulation under the authority conferred in subsection (1)(s)(I) of this section does not affect whether a lodging unit is a residential improvement, as defined in section 39-1-102 (14.3).

(III) To regulate a vacation rental service; except that this authority is limited to:

(A) Requiring a vacation rental service that displays a short-term rental listing for a lodging unit located in the county to require the lodging unit owner or owner's agent to include a local short-term rental license or permit number, if applicable, in any listing for the short-term rental on the vacation rental service's website or other digital platform; and

(B) Requiring a vacation rental service to remove a listing for a short-term rental from the vacation rental service's website or other digital platform after notification by the county that the owner of the listed lodging unit has had the owner's local short-term rental license or permit suspended or revoked or has been issued a notice of violation or similar legal process for not possessing a valid local short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit. The notification must identify the listing's uniform resource locator (URL) or other specified digital location to be removed and state the reason for the removal. The vacation rental service shall remove the listing from the website or other digital platform within seven days of receiving the notification from the county.

(IV) If a vacation rental service provides additional services for the owner that are related to the owner's lodging unit but unrelated to providing a means of offering the lodging unit for short-term rentals through the person's website or other digital platform, then the board of county commissioners may license or regulate the vacation rental service as an owner's agent under subsection (1)(s)(I) of this section with respect to those additional services.

(V) To facilitate a vacation rental service's ability to comply with an ordinance adopted by a county under the authority conferred by subsection (1)(s)(III) of this section, a county, upon request of the owner of a hotel unit that is located in a building with one or more lodging units or a vacation rental service on which a hotel unit that is located in a building with one or more lodging units is listed, shall provide written verification that the hotel unit is exempt from the ordinance because it is not a lodging unit. Multiple hotel units may be included in one request. The written verification provided may include an exemption number or other type of identifier for the hotel unit and a single exemption number or other type of identifier may be used for multiple hotel units.

(s.5) As used in subsection (1)(s) of this section, unless the context otherwise requires:

(I) "Hotel unit" means a portion of a structure that is:

(A) Used by a business establishment to provide commercial lodging to the general public for predominantly overnight or weekly stays;

(B) Classified as a hotel or motel for purposes of property taxation;

(C) Not a unit, as defined in section 38-33.3-103 (30), in a condominium; and

(D) Zoned or otherwise permitted by the local jurisdiction for the use specified in subsection (1)(s.5)(I)(A) of this section.

(II) "Lodging unit" means any property or portion of a property that is available for lodging; except that the term excludes a hotel unit.

(III) "Short-term rental" means the rental of a lodging unit for less than thirty days.

(IV) "Vacation rental service" means a person that operates a website or any other digital platform that provides a means through which an owner or owner's agent may offer a lodging unit, or portion thereof, for short-term rentals, and from which the person financially benefits;

(t) To require registration of businesses in the unincorporated portions of the county; except that such power does not include the power to license, collect a fee, or collect fines for such registrations. The county shall only publish registration information in a manner such that the business type is aggregated and does not allow for segregation of individuals or business who supplied the information.

(1.5) In addition to any other powers, the board of county commissioners has the power to adopt a resolution or an ordinance to:

(a) Regulate the possession or sale of cigarettes, tobacco products, or nicotine products, as defined by section 18-13-121 (5), to a minor consistent with section 18-13-121 (3);

(b) Limit smoking, as defined in section 25-14-203 (16), in any manner that is no less restrictive than the limitations set forth in the "Colorado Clean Indoor Air Act", part 2 of article 14 of title 25; and

(c) License or otherwise regulate the sale of cigarettes, tobacco products, or nicotine products.

(1.7) In addition to any other powers, a board of county commissioners may charge a fee for a local license and adopt resolutions or ordinances to establish requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp products, as defined in section 25-5-427 (2)(d). A county shall not impose additional food production regulations on hemp processors or hemp products if the regulations conflict with state law.

(2) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the ordinances described in subsection (1) of this section shall apply throughout the unincorporated area of the county including public and state lands and to any incorporated town or city that elects by ordinance or resolution to have the provisions thereof apply.

(II) The board of county commissioners may designate, by resolution, areas in the unincorporated territory of the county exclusively within which an ordinance adopted pursuant to this section shall apply. The board shall set forth a rational basis for the designation and hold a public hearing prior to making the designation at which any interested person shall have an opportunity to be heard.

(b) Any regulation imposed prior to January 1, 1980, by resolution adopted under any provision of law may, upon suitable accommodation to the pertinent ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In such cases the resolution shall continue in force and effect until the ordinance which replaces it becomes effective.

(c) Nothing in this part 4 shall be construed to affect any proceeding arising under or pursuant to the provisions of law in effect immediately prior to January 1, 1980.

(3) Paragraph (a) of subsection (1) of this section shall not apply to the transportation of sludge and fly ash or to the transportation of hazardous materials, as defined in the rules and regulations adopted by the chief of the Colorado state patrol pursuant to section 42-20-104 (1), C.R.S.

(4) Paragraph (a) of subsection (1) of this section shall not apply to the transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials which are collected by a city, county, city and county, town, or other local subdivision within its jurisdictional limits, provided every vehicle so engaged in transporting the discarded materials has conformed to vehicle standards at least as strict as those prescribed in subparagraph (II) of paragraph (a) of subsection (1). Such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(5) Any provision of paragraph (a) of subsection (1) of this section to the contrary notwithstanding, the governing body of a city and county shall not be precluded from adopting ordinances, regulations, codes, or standards or granting permits issued pursuant to home rule authority; except that such governing body shall not grant an exclusive territory or regulate rates for the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials.

(6) If the board of county commissioners or the governing body of any other local governmental entity is providing waste services, including the collection and transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products or any other discarded materials, within the limits of any county or other local subdivision on or after April 19, 1994, any private person seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. If a private person or persons are providing waste services within the limits of any county or other local subdivision on or after April 19, 1994, any board of county commissioners or the governing body of any other local governmental entity seeking also to offer those services shall first give a one-year public notice advising of the intent to offer the services. The public notice shall be given in a local newspaper of general circulation in the area served by the waste service provider. The requirements of this subsection (6) shall not apply to any municipality or city and county subject to subsection (7.5) of this section.

(7) (a) Notwithstanding any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person, if that person is in compliance with applicable rules and regulations, within the limits of any municipality, city and county, or special district operating pursuant to article 1 of title 32, if those services also are provided by a governmental body within the limits of that governmental unit. The governmental body may not compel industrial or commercial establishments or multifamily residences of eight or more units to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(b) Subject to the limitation set forth in subsection (6) of this section and notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this section or any other provision of law, nothing in this section shall prohibit the providing of waste services by a private person within the limits of any county or other local subdivision if that person is in compliance with applicable rules and regulations. If services also are provided by a governmental body within the limits of the county or other local subdivision, the governmental body shall not compel any resident, including, but not limited to, an owner or tenant of industrial or commercial establishments or multifamily residences, to use or pay user charges for waste services provided by the governmental body in preference to those services provided by a private person.

(7.5) (a) Any requirement that municipal residents use or pay user charges for residential waste services pursuant to paragraph (a) of subsection (7) of this section may be affected by utilization of the initiative and referendum power reserved to the municipal electors in section 1 (9) of article V of the Colorado constitution.

(b) The governing body of any municipality or city and county that chooses, after April 19, 1994, to require use of or to commence the imposition of a fee for residential waste services pursuant to paragraph (a) of subsection (7) of this section in all or any portion of the jurisdiction, including any portion of the jurisdiction annexed after April 19, 1994, may do so subject to the following requirements:

(I) The governing body shall provide written notice to any private person who lawfully provides waste services within the jurisdiction and shall give a six-month public notice in a newspaper of general circulation within the jurisdiction prior to requiring the use or initial imposition of the fee. The notice shall include:

(A) The date upon which, and the area within the jurisdiction where, requiring use of or billing for residential waste services will commence; and

(B) An explanation of the option to request an opportunity to submit a proposal to provide residential waste services to that area.

(II) Any person may, within thirty days following publication or receipt of the notice, request in writing the opportunity to submit a proposal to provide residential waste services within the portion of the jurisdiction where required use of those services or imposition of the fee will commence. A request for an opportunity to submit a proposal shall suspend required use of the services or imposition of the residential waste services fee until a request for proposal process, as set forth in paragraph (c) of this subsection (7.5), is completed. Any person who has requested in writing an opportunity to submit a proposal to provide residential waste services pursuant to this subparagraph (II) is eligible to participate in the proposal process. If no written request is received within the time permitted, the governing body may proceed to require use of or impose a fee for residential waste services without conducting a request for proposal process as set forth in paragraph (c) of this subsection (7.5).

(III) Any municipality or city and county that complies with paragraph (c) of this subsection (7.5) shall not be subject to the provisions of section 31-12-119, C.R.S.

(IV) The requirements set forth in this subsection (7.5) shall not apply to any municipality or city and county that is legally requiring use of or imposing a fee for residential waste services within its jurisdiction pursuant to paragraph (a) of subsection (7) of this section on April 19, 1994, and, having complied with the notice requirements of subsection (6) of this section applicable at the time of the initiation of such residential waste services, chooses to extend the requirement for use of or imposition of the fee for residential waste services to areas within the jurisdiction that have not been annexed after April 19, 1994.

(c) The governing body shall conduct any request for a proposal process required pursuant to this subsection (7.5) as follows:

(I) The governing body shall mail a request for proposals to all private persons who are eligible to submit a proposal. The request for proposals shall include a description of the portion of the jurisdiction to which residential waste services will be provided and shall request a proposed price of providing those services.

(II) When the jurisdiction issuing the request for proposals chooses to submit a proposal, a certification of an independent auditor stating that the public entity's proposed price is not based on subsidization from entity revenue streams or operations unrelated to the provision of waste services shall be appended to the proposal.

(III) Following review of all proposals properly submitted, the governing body shall award a contract for the provision of residential waste services based upon the criteria set forth in the request for proposals.

(d) As used in this subsection (7.5), "residential waste services" means the collection and transportation of ashes, trash, waste, rubbish, garbage or industrial waste products, or any other discarded materials from sources other than industrial or commercial establishments or multifamily residences of eight or more units.

(7.7) (a) If the governing body of a jurisdiction selects a proposal submitted by the jurisdiction, any private person who submitted a proposal may request a review of the selection as provided in this subsection (7.7). A request for review shall be submitted to the governing body in writing within ten days following selection of the jurisdiction's proposal. The filing of a request shall suspend the award until the completion of the review provided in this subsection (7.7).

(b) (I) Upon receipt of a request, the governing body, or its designee, shall promptly select a reviewing auditor to conduct the review. The reviewing auditor shall commence and complete its review as expeditiously as practicable.

(II) As a part of that review, the reviewing auditor shall afford the person who submitted the request for review the opportunity to present the reviewing auditor his or her views with respect to the governing body's determination, subject to any reasonable procedures, guidelines, and limitations as the reviewing auditor may prescribe, including but not limited to requiring that those views be expressed in writing and submitted by a specific date and time. No person shall be permitted to alter any previously submitted proposal in any respect.

(III) The reviewing auditor shall review each of the proposals submitted, but the review shall be limited to determining:

(A) Whether the selection of the jurisdiction's proposal was made in a manner contrary to the procedure set forth in subsection (7.5) of this section or in the request for proposals;

(B) Whether the selection of the jurisdiction's proposal was clearly erroneous in light of the criteria set forth in the request for proposals; and

(C) Whether the certification of an independent auditor provided pursuant to subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially inaccurate.

(IV) Should the reviewing auditor find that the governing body's selection of a proposal was improper, the determination of the governing body shall be void, and the governing body shall reconsider as expeditiously as is practicable all proposals timely submitted and determine which proposals it will accept, giving due regard to the determination of the reviewing auditor. No person shall be entitled to alter any previously submitted proposal in any respect. If the reviewing auditor finds that the governing body's selection of a proposal was proper, the selection shall be valid and conclusive and shall not be subject to further challenge or review.

(V) The reviewing auditor's fee for performing a review pursuant to this subsection (7.7) shall be paid by the private person requesting the review; except that, if the governing body's selection of a proposal is found to be improper by the reviewing auditor, the municipality or city and county shall pay the fee.

(c) As used in this subsection (7.7), a reviewing auditor shall be a qualified, licensed, independent public accountant or public accounting firm selected by the governing body and shall certify to the governing body in writing that it is not being retained currently, has not been retained within the previous five years, and currently has no basis for believing it will be retained in the future by the governing body, any persons who have submitted proposals, or, to the accountant's or firm's knowledge after due inquiry, any of the governing body's or person's affiliates, partners, or relatives for the performance of accounting or other services.

(8) No ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or 30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall apply within the corporate limits of any incorporated municipality, nor to any municipal service, function, facility, or property whether owned by or leased to the incorporated municipality, outside the municipal boundaries, unless the municipality consents. If the municipality consents that any ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall apply within the municipality or to municipal services, functions, facilities, or property outside the municipal boundaries, such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power shall be uniform within the municipality and the applicable unincorporated areas of the county, unless the county and the municipality agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(9) (a) No ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power pursuant to this section shall apply within the jurisdictional boundaries of any special district enumerated in this subsection (9), nor to any special district service, function, facility, or property whether owned by or leased to the special district outside the special district boundaries if such ordinance, resolution, rule, regulation, service, function, or exercise of an authorized power would duplicate or interfere with any service or facility authorized and provided by such special district or contravene any power authorized and exercised by such special district, unless the county is specifically empowered by law to exercise authority with respect thereto, or the county and the special district agree otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(b) For purposes of this subsection (9), "special district" means any special district established pursuant to article 1 of title 32, C.R.S., the three lakes water and sanitation district established pursuant to article 10 of title 32, C.R.S., the urban drainage and flood control district established pursuant to article 11 of title 32, C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of article 4 of title 32, C.R.S., any drainage district established pursuant to article 20 of title 37, C.R.S., the Cherry Creek basin water quality authority established pursuant to article 8.5 of title 25, C.R.S., any regional service authority established pursuant to article 7 of title 32, C.R.S., and the regional transportation district established pursuant to article 9 of title 32, C.R.S.

(10) Repealed.

(11) (a) (I) If a county is the permittee of a municipal separate storm sewer system permit issued pursuant to part 5 of article 8 of title 25, C.R.S., the board of county commissioners may adopt a storm water ordinance to develop, implement, and enforce the storm water management program required by the permit.

(II) The storm water ordinance may specify that the county may:

(A) Provide for and compel the abatement of any condition that causes or contributes to a violation of the permit or requirement from any property located within the unincorporated portion of the county at such time, upon such notice, and in such manner consistent with the terms of the permit as the board of county commissioners may prescribe by ordinance;

(B) Perform the abatement upon notice to and failure of the property owner to abate such condition; and

(C) Assess the reasonable cost of the abatement, including five percent for inspection and other incidental costs in connection therewith, upon the property from which such condition has been abated.

(III) Storm water ordinances adopted pursuant to this subsection (11) shall include provisions for applying for and exercising an administrative entry and seizure warrant issued by a county or district court having jurisdiction over the property from which the condition is to be abated. An assessment pursuant to this subsection (11) shall, once recorded, be a lien against such property until paid and shall have priority based upon its date of recording. If the assessment is not paid within a reasonable time specified by ordinance, the county clerk and recorder may certify that fact to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this subsection (11).

(b) (I) A county court or district court having jurisdiction over the property from which such condition is to be abated pursuant to the storm water ordinance shall issue an administrative entry and seizure warrant for the abatement of such condition upon presentation by a county of:

(A) Ordinance provisions that meet the requirements of paragraph (a) of this subsection (11);

(B) A sworn or affirmed affidavit stating the factual basis for such warrant;

(C) Evidence that the property owner has received notice of the condition and has failed to abate the condition within a reasonable prescribed period;

(D) A general description of the location of the property that is the subject of the warrant; and

(E) A general list of corrective action needed.

(II) Within ten days after the date of issuance of an administrative entry and seizure warrant pursuant to the provisions of this paragraph (b), the executing authority shall:

(A) Execute such warrant in accordance with directions by the issuing court;

(B) Provide or mail a copy of such warrant to the property owner; and

(C) Submit proof of the execution of such warrant, including a written inventory of any property impounded by the executing authority, to the court.
C.R.S. § 30-5-155 — CO Code / Title 30 / Article 5 / Section 30-5-155
30-5-155. Pitkin
Status: in_force

30-5-155. Pitkin. The county of Pitkin is hereby established, with the legal capacity and functions of other counties in this state, and with boundaries as follows:

Beginning at the point on the summit of the survey or National range where the Elk mountain range intersects the same; thence in a westerly and northwesterly direction along the summit of the Elk mountain range to Snow Mass mountain; thence due west to the divide west of Rock creek; thence along said divide in a northwesterly direction to the southern boundary of Summit county; thence east along the southern boundary of Summit county to the top of the National range being the west boundary line of Lake county; thence along the summit of said range in a southeasterly direction to the place of beginning.
C.R.S. § 30-5-128 — CO Code / Title 30 / Article 5 / Section 30-5-128
30-5-128. Grand
Status: in_force

30-5-128. Grand. So much of the county of Summit, in the state of Colorado, as is included within the following described boundaries, shall be set apart and is hereby created into a new county, to be called Grand county:

Beginning on the summit of the snowy range of the Rocky mountains, on the west boundary of Clear Creek county, at the point where the dividing range between the waters of Williams Fork and Blue river diverges from the main snowy range; running thence northwest along the summit of said dividing range between Williams Fork and Blue river to a point of intersection with the boundary line between townships one and two, south of the base line; thence west along said township line to the eastern boundary of the Ute Indian reservation; thence north along said boundary to the northeast corner of said reservation; thence west along the north boundary of said reservation to the west boundary of the state; thence north to the northwest corner of the same; thence east along the north boundary of the state to the northwest corner of Larimer county; thence south along the western boundaries of Larimer, Boulder and Gilpin counties, and west, northwest and southwest, along the north and west boundaries of Clear Creek county, to the place of beginning.
C.R.S. § 30-20-401 — CO Code / Title 30 / Article 20 / Part 4 / Section 30-20-401
30-20-401. Definitions
Status: in_force

30-20-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Board" means the board of county commissioners.

(2) "Consumer" means any public or private user of water facilities or sewerage facilities, or both.

(3) "Joint system" or "joint water and sewer system" means water facilities and sewerage facilities combined, operated, and maintained as a single public utility and income-producing project.

(4) "Sewerage facilities" means any one or more of the various devices used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature, or storm, flood, or surface drainage waters, including all inlets, collection, drainage, or disposal lines, intercepting sewers, joint storm and sanitary sewers, sewage disposal plants, and outfall sewers; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interest in such sewerage facilities.

(5) "System" means sewerage facilities or water facilities or water and sewerage facilities combined.

(6) "Water facilities" means any one or more devices used in the collection, treatment, or distribution of water for domestic and other legal uses, including systems of raw and clear water and distribution storage reservoirs, deep and shallow wells, pumping, ventilating, and gaging stations, inlets, tunnels, flumes, conduits, canals, collection, transmission, and distribution lines, infiltration galleries, hydrants, meters, and filtration and treatment plants and works; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such water facilities.
C.R.S. § 30-11-103.5 — CO Code / Title 30 / Article 11 / Part 1 / Section 30-11-103.5
30-11-103.5. County petitions and referred measures
Status: in_force

30-11-103.5. County petitions and referred measures. The procedures for placing an issue or question on the ballot by a petition of the electors of a county that is pursuant to statute or the state constitution or that a board of county commissioners may refer to a vote of the electors pursuant to statute or the state constitution shall, to the extent no such procedures are prescribed by statute, charter, or the state constitution, follow as nearly as practicable the procedures for municipal initiatives and referred measures under part 1 of article 11 of title 31, C.R.S. The county clerk and recorder shall resolve any questions about the applicability of the procedures in part 1 of article 11 of title 31, C.R.S.
C.R.S. § 30-35-101 — CO Code / Title 30 / Article 35 / Part 1 / Section 30-35-101
30-35-101. Short title
Status: in_force

30-35-101. Short title. This article shall be known and may be cited as the "Colorado County Home Rule Powers Act".
C.R.S. § 30-10-107 — CO Code / Title 30 / Article 10 / Part 1 / Section 30-10-107
30-10-107. Penalty for refusing to qualify
Status: in_force

30-10-107. Penalty for refusing to qualify. Any person elected or appointed to any county office in any county in this state who refuses to qualify, having consented to such election or appointment, is liable to a fine not exceeding one hundred nor less than twenty-five dollars, at the discretion of any court having competent jurisdiction.
C.R.S. § 30-10-513 — CO Code / Title 30 / Article 10 / Part 5 / Section 30-10-513
30-10-513. Duties of sheriff - coordination of fire suppression efforts for forest, prairie
Status: in_force

30-10-513. Duties of sheriff - coordination of fire suppression efforts for forest, prairie, or wildland fire - expenses - definition. (1) (a) Subject to the provisions of any relevant plans or agreements, it is the duty of the sheriff to assume the responsibility for coordinating fire suppression efforts in case of any prairie, forest, or wildland fire or wildfire occurring in the unincorporated area of the county outside the boundaries of a fire department or that exceed the capabilities of the fire department to control or extinguish.

(b) In the case of a prairie, forest, or wildland fire occurring within the jurisdictional boundaries of one or more fire departments that does not exceed the capabilities of the fire department to control or extinguish, the sheriff or the division of fire prevention and control in the department of public safety may assist the chief of the fire department in controlling or extinguishing such fire, and, in connection with such assistance, the sheriff may solicit such additional assistance from such persons as the sheriff and the fire chief deem necessary. The sheriff may assume command of such incidents with the concurrence of the fire chief.

(c) In the case of a prairie, forest, or wildland fire that exceeds the capabilities of the fire department to control or extinguish and that requires mutual aid and outside resources, the sheriff shall appoint an incident commander to provide the command and control infrastructure required to manage the fire. The sheriff shall assume financial responsibility for fire fighting efforts on behalf of the county and the authority for the ordering and monitoring of resources.

(d) When a wildfire exceeds the capability of the county to control or extinguish, the sheriff shall be responsible for seeking the assistance of the state by requesting assistance from the division of fire prevention and control in the department of public safety. The sheriff and the director of the division of fire prevention and control shall enter into an agreement concerning the transfer of authority and responsibility for fire suppression and the retention of responsibilities.

(2) The director of the division of fire prevention and control may assume any duty or responsibility given to the sheriff under this section with the concurrence of the sheriff.

(3) (a) The board of county commissioners of any county may allow the sheriff, undersheriffs, deputies, municipal or county fire departments, fire protection districts, fire authorities, and such other persons as may be called upon to assist in controlling or extinguishing a prairie, forest, or wildland fire such compensation and reimbursement for other expenses necessarily incurred as the board deems just.

(b) The board of county commissioners of any county may allow a fire department, fire protection district, or volunteer fire department compensation and reimbursement from a county funding source for other expenses necessarily incurred in controlling or extinguishing a prairie, forest, or wildland fire within the jurisdiction or boundaries of the fire department, fire protection district, or volunteer fire department if the circumstances set forth in section 24-33.5-1220 (6)(a)(I), (6)(a)(II), and (6)(a)(III) are met, as the board deems just.

(4) The board of county commissioners of any county in the state may make such appropriation as it may deem proper for the purpose of controlling fires in its county. The board of county commissioners is authorized to levy a special tax subject to approval of the voters upon every dollar of valuation of assessment of the taxable property within the county for the purpose of creating a fund that shall be appropriated, after consultation with representatives of fire departments, fire protection districts, and fire authorities in the county, to prevent, control, or extinguish such fires anywhere in the county and to fix the rate of levy.

(5) The agency that has jurisdiction over any wildland fire in the state shall manage the fire using the incident command system as defined in section 29-22.5-102 (3).

(6) As used in this section, unless the context otherwise requires, "fire department" has the same meaning as set forth in section 24-33.5-1202 (3.9).
C.R.S. § 30-10-308 — CO Code / Title 30 / Article 10 / Part 3 / Section 30-10-308
30-10-308. Oaths administered and orders signed by chairman
Status: in_force

30-10-308. Oaths administered and orders signed by chairman. The chairman of said board of county commissioners has the power to administer oaths to any person concerning any matter submitted to the board or connected with its powers and duties, and he shall sign all county orders.
C.R.S. § 30-20-617 — CO Code / Title 30 / Article 20 / Part 6 / Section 30-20-617
30-20-617. Sale of property for nonpayment - county may purchase property on default
Status: in_force

30-20-617. Sale of property for nonpayment - county may purchase property on default. (1) In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon. Said advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate in default of payment of the general property tax.

(2) At any sale by the county treasurer of any property for the purpose of paying any special assessment for local improvements made under the provisions of this part 6 in the district, the county treasurer, having written authority from the board, may purchase any such property without paying for the same in cash and shall receive certificates of purchase therefor in the name of the county. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessments in pursuance of which the sale was made. The certificates may thereafter be sold by the county treasurer at their face value, with all interest and penalties accrued, and assigned by him to the purchaser in the name of the county. The proceeds of such sale shall be credited to the fund created by resolution for the payment of such assessments respectively. In the event that all bonded indebtedness incurred in payment for said local improvements has been discharged in full, said certificates may be sold by the board for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as is provided in subsection (4) of this section. The proceeds shall be credited to the general fund of said county. Such assignments shall be without recourse, and the sale and assignments shall operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property tax.

(3) Any county as such purchaser has the right to apply for tax deeds on such certificates of purchase at any time after three years from the date of issuance of said certificates, and such deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property tax.

(4) Cumulatively with all other remedies, any county which is the owner of property by virtue of a tax deed, or is the owner of property otherwise acquired, in satisfaction or discharge of the liens represented by such certificates of sale, may sell such property for the best price obtainable at public sale, at auction, or by sealed bids. Such sales shall be after public notice by the county treasurer or the county clerk and recorder to all persons having or claiming any interest in the property to be sold or in the proceeds of such sale by publication of such notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. Such notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The county may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the county a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, such person, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the county from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived, and the county shall then convey the property to the successful bidder by quitclaim deed.

(5) In addition to all other remedies, any county which is a holder of certificates of purchase may bring a civil action for foreclosure thereof in accordance with article 38 of title 38, C.R.S., joining as defendants all persons holding record title, persons occupying or in possession of the property, persons having or claiming any interest in the property or in the proceeds of foreclosure sale, all governmental taxing units having taxes or other claims against said property, and all unknown persons having or claiming any interest in said property. Any number of certificates may be foreclosed in the same proceeding. In such proceeding the county, as plaintiff, is entitled to all relief provided by law in actions for an adjudication of rights with respect to real property, including actions to quiet title.

(6) The proceeds of any such sale of property shall be credited to the appropriate special assessment fund. The county shall deduct therefrom the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure.

(7) When any county has sold or conveyed at a fair market value certificates of purchase or property which it has acquired in satisfaction or discharge of special assessment liens, such sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in such property or the proceeds of such sale.

(8) It is hereby declared that the purpose of this section is to restore delinquent property to the tax rolls and to realize the greatest possible amount from such property for the benefit of all persons and taxing bodies having liens thereon.
C.R.S. § 30-28-133.1 — CO Code / Title 30 / Article 28 / Part 1 / Section 30-28-133.1
30-28-133.1. Subdivision plan or plat - access to public highways
Status: in_force

30-28-133.1. Subdivision plan or plat - access to public highways. No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.
C.R.S. § 30-5-172 — CO Code / Title 30 / Article 5 / Section 30-5-172
30-5-172. Yuma
Status: in_force

30-5-172. Yuma. (1) The county of Yuma is hereby established, with the same legal capacities and functions as other counties of this state, and the boundaries are as follows:

Beginning at the northeast corner of Washington county; thence running west along the north line of Washington county to the range line between ranges forty-eight and forty-nine west of the sixth principal meridian, in said Washington county; thence south along said range line to the south line of Washington county; thence east along said south line of Washington county to the southeast corner of Washington county; thence north along the east line of said Washington county to the place of beginning.

(2) There is hereby stricken from the county of Adams, formerly a part of Arapahoe county, and annexed to the county of Yuma, all that territory now a part of Adams county described as follows:

Beginning at the northeast corner of Adams county, thence west along the north boundary of said county to the range line dividing ranges forty-eight and forty-nine west; thence along said range line to the south boundary of said county; thence east along the south boundary of said county to the southeast corner of said county; thence north along the eastern boundary of said county to the place of beginning.
C.R.S. § 30-26-102 — CO Code / Title 30 / Article 26 / Part 1 / Section 30-26-102
30-26-102. Election on bond issue - duties of judges
Status: in_force

30-26-102. Election on bond issue - duties of judges. (1) All persons voting on the question of funding indebtedness shall vote by separate ballot, which shall be deposited in a box to be used for that purpose only and on which ballot shall be printed the words "for funding county debt" or "against funding county debt"; and if, upon canvassing the vote, which shall be canvassed in the same manner as the vote for county officers, it appears that a majority of all the votes cast upon the question so submitted is for funding the county debt, the board of county commissioners shall be authorized to carry out the provisions of this part 1, and the canvassing board shall certify the vote, and it shall be made a part of the county records.

(2) The judges of election shall make and certify to the county clerk and recorder a separate list of the names of the electors voting upon the question of the funding of the county indebtedness in the order in which the ballot of the elector so voting is received, and each ballot shall be numbered in the order in which it is received and the number recorded on the said list of voters opposite the name of the voter who presents the ballot.
C.R.S. § 30-20-703 — CO Code / Title 30 / Article 20 / Part 7 / Section 30-20-703
30-20-703. Powers of county commissioners
Status: in_force

30-20-703. Powers of county commissioners. (1) Acting on behalf of such district, the board of county commissioners may:

(a) Levy a tax on all real and personal property situated within the district not to exceed one mill, the proceeds of which shall be used within the district for operation, maintenance, capital improvements, acquisition of additional property, and employment of a staff to supervise a program of activities, and receive gifts of money or property for construction and operation of recreational facilities and programs; but if the recreational district comprises the entire county, the board of county commissioners is authorized to appropriate from the general fund for this purpose and no special levy is authorized;

(b) Establish a board of five residents of the district who own real estate within the district and who have paid a tax thereon for at least one year preceding their selection, to administer the facility, and to supervise the conduct of the recreational programs. Each member of the board, upon approval by a majority of the taxpaying electors residing in the district voting on the question at a general election, may receive as compensation for his services a sum not in excess of six hundred dollars per annum, payable not to exceed twenty-five dollars per meeting attended. Terms of such board members shall be so arranged that the term of one member expires each year. The manner of selection and the powers shall be determined by the board of county commissioners in its order creating the recreation district.

(c) Provide for the employment of personnel to operate and manage the facilities and recreation programs, and cooperate with other public and private agencies in the operation and management of the facilities and program;

(d) Provide for the creation of a reserve fund adequate to meet the obligations of the district, for maintenance and operating charges and depreciation, and to provide replacements of and betterments to the improvements of the district.
C.R.S. § 30-1-106 — CO Code / Title 30 / Article 1 / Section 30-1-106
30-1-106. Service must be made upon offer or tender of fees
Status: in_force

30-1-106. Service must be made upon offer or tender of fees. (1) No sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance.

(2) A sheriff shall have the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the state.

(3) A sheriff shall have the authority to develop and publish standardized procedures for billing the accounts authorized by subsection (2) of this section. Such procedures may include the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown.
C.R.S. § 30-26-202 — CO Code / Title 30 / Article 26 / Part 2 / Section 30-26-202
30-26-202. County shall assume payment of bonds
Status: in_force

30-26-202. County shall assume payment of bonds. To render the amount, kind, and character of such liabilities definite and certain and fix their status under the funding and refunding laws of this state, the county imposed with the payment thereof, by the proper action of its board of county commissioners entered of record in the proceedings of the board, shall undertake and assume the payment thereof, designate and describe the same, and state their character and amount and the form in which they exist.
C.R.S. § 30-20-1006 — CO Code / Title 30 / Article 20 / Part 10 / Section 30-20-1006
30-20-1006. Limitations on the disposal of tires
Status: repealed

30-20-1006. Limitations on the disposal of tires. (Repealed)
C.R.S. § 30-10-501.5 — CO Code / Title 30 / Article 10 / Part 5 / Section 30-10-501.5
30-10-501.5. Qualifications
Status: in_force

30-10-501.5. Qualifications. (1) No person is eligible for nomination, election, or appointment to the office of sheriff unless the person:

(a) Is a citizen of the United States, is a citizen of the state of Colorado, and is a resident of the county to which the person is to be appointed or elected;

(b) Possesses a high school diploma or its equivalent or a college degree;

(c) Has had a complete set of fingerprints taken by a qualified law enforcement agency and has submitted a receipt evidencing the fingerprinting at the time of filing his or her written acceptance pursuant to section 1-4-601 (3), 1-4-906, or part 10 of article 4 of title 1, or at the time of filing an affidavit of intent pursuant to section 1-4-1101, as applicable. The law enforcement agency shall forward the fingerprints to the Colorado bureau of investigation. The bureau shall utilize the fingerprints, its files and records, and those of the federal bureau of investigation for the purpose of determining whether the person has ever been convicted of or pleaded guilty or entered a plea of nolo contendere to any felony charge under federal or state laws. The Colorado bureau of investigation shall notify the county clerk and recorder of the county for which the person is a candidate of the results of the fingerprint analysis. If a conviction or plea is disclosed, the person is unqualified for the office of sheriff, unless pardoned. The results of the fingerprint analysis are confidential; except that the county clerk and recorder may divulge whether the person is qualified or unqualified for the office of sheriff.
C.R.S. § 30-10-405 — CO Code / Title 30 / Article 10 / Part 4 / Section 30-10-405
30-10-405. Office at county seat - seal - records
Status: in_force

30-10-405. Office at county seat - seal - records. (1) The county clerk and recorder shall keep his or her office at the county seat. The county clerk and recorder shall attend the sessions of the board of county commissioners either in person or by deputy, keep the county seal, records, and papers of the board of county commissioners, and keep a record of the proceedings of the board, as required by law, under the direction of the board of county commissioners. Records of such proceedings shall be kept in a visual text format that may be transmitted electronically.

(2) Notwithstanding the provisions of subsection (1) of this section, the county clerk and recorder may maintain his or her office at a location other than the county seat when authorized to do so pursuant to part 1 of article 5 of title 13, C.R.S.
C.R.S. § 30-35-402 — CO Code / Title 30 / Article 35 / Part 4 / Section 30-35-402
30-35-402. Adoption by reference - title
Status: in_force

30-35-402. Adoption by reference - title. If all the procedures and requirements of this part 4 are complied with, any home rule county is authorized to enact any ordinance which adopts any code by reference, in whole or in part; and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary codes duly described therein. However, every primary code and every secondary code which is incorporated in any such adopting ordinance shall be specified in the title of the ordinance.
C.R.S. § 30-10-612 — CO Code / Title 30 / Article 10 / Part 6 / Section 30-10-612
30-10-612. Verdict of jury - form
Status: in_force

30-10-612. Verdict of jury - form. The jurors, having heard the testimony and having made all needful inquiries, shall return to the coroner their inquisition in writing, under their hands in substance as follows, stating the matters in the following form, suggested as far as found:

STATE OF COLORADO,

County of ..............

An inquisition held at ............, in ............ county, on the ............ day of ............ A.D. 20......, before .............., coroner of said county, concerning the death of .............. or person unknown, by the jurors whose names are subscribed; the said jurors upon their oaths, do say ............ (here state when, how, by what person, means, weapon, or accident he came to his death, and whether feloniously).

In Testimony Whereof, the said jurors have hereunto set their hands the day and year aforesaid.
C.R.S. § 30-10-306.2 — CO Code / Title 30 / Article 10 / Part 3 / Section 30-10-306.2
30-10-306.2. Commission organization - procedures - transparency - voting requirements
Status: in_force

30-10-306.2. Commission organization - procedures - transparency - voting requirements. (1) The board of county commissioners shall appoint staff as needed to assist the commission. Staff or the advisory committee shall acquire and prepare all necessary resources, including computer hardware, software, and demographic, geographic, and political databases, as far in advance as necessary to enable the commission to begin its work immediately upon convening.

(2) The commission shall not vote upon a final plan until at least seventy-two hours after it has been proposed to the commission in a public meeting or at least seventy-two hours after it has been amended by the commission in a public meeting, whichever occurs later.

(3) (a) All county residents, including individual members of the commission, may present proposed redistricting plans or written comments, or both, for the commission's consideration.

(b) The commission shall provide meaningful and substantial opportunities for county residents to present testimony, either in person or electronically, at hearings. If the hearings are held in person, each hearing must be held in a different third of the county. If the hearings are held electronically, the board of county commissioners shall either solicit feedback from the whole county for each hearing or solicit feedback from a different third of the county for each hearing. The board of county commissioners shall ensure that these hearings are broadly promoted throughout the county. The commission shall not approve a redistricting plan until at least three hearings have been held. No gathering of members of the commission can be considered a hearing for this purpose unless it is attended, in person or electronically, by at least a majority of the members of the commission. The commission shall establish the necessary elements of electronic attendance at a commission hearing.

(c) The commission shall maintain a website through which any county resident may submit proposed plans or written comments, or both, without attending a hearing of the commission. The commission shall ensure that the website is easily accessible and contains a record of the commission's activities and proceedings, including the commission's directions to staff or an advisory committee on proposed changes to any plan and the commission's rationale for such changes.

(d) The commission shall publish all written comments pertaining to redistricting on its website or comparable means of communicating with the public as well as the name of the county resident submitting such comments. If the commission, advisory committee, or staff have a substantial basis to believe that a person submitting such comments has not truthfully or accurately identified himself or herself, the commission need not consider and need not publish such comments but must notify the commenter in writing of this fact. The commission may withhold comments, in whole or in part, from the website or comparable means of communicating with the public that do not relate to redistricting plans, policies, or communities of interest.

(e) The commission shall provide simultaneous access to the hearings by broadcasting them via its website or comparable means of communicating with the public, allowing both electronic and in-person public testimony, and maintaining an archive of such hearings for online public review.

(4) (a) Members of the commission are guardians of the public trust and are subject to antibribery and abuse of public office requirements as provided in parts 3 and 4 of article 8 of title 18, as amended, or any successor statute.

(b) To ensure transparency in the redistricting process:

(I) (A) The commission and the members of the commission are subject to open meetings requirements as provided in part 4 of article 6 of title 24, as amended, or any successor statute.

(B) Except as provided in subsections (4)(b)(I)(D) and (4)(b)(I)(F) of this section, a member of the commission shall not communicate with staff or any members of the advisory committee on the mapping of county commissioner districts unless the communication is during a public meeting or hearing of the commission.

(C) Except for public input and comment, staff shall not have any communications about the content or development of any plan outside of public hearings with anyone, including any members of the advisory committee, except other staff members. Likewise, except for public input and comment, members of the advisory committee shall not have any communications about the content or development of any plan outside of public hearings with anyone, including staff, except other members of the advisory committee. Communications about the content or development of any plan include communications about how plans will be drawn to satisfy the criteria in section 30-10-306.3, specific parameters related to the interpretation of the criteria in section 30-10-306.3, and requests for the drawing of additional plans. Staff or members of the advisory committee shall report to the commission any attempt by anyone to exert influence over the staff's or advisory committee's role in the drafting of plans.

(D) One or more staff may be designated to communicate with members of the commission or advisory committee and, in the case of a commission that is composed of the board of county commissioners, administrative staff of the county, regarding administrative matters, the definition and scope of which shall be determined by the commission. Likewise, one or more members of the advisory committee may be designated to communicate with members of the commission or staff regarding administrative matters, the definition and scope of which shall be determined by the commission. Any communication that occurs outside of a public meeting or hearing of the commission between staff and a member of the advisory committee, beyond those allowed by this subsection (4)(b)(I)(D), must be documented and made a part of the public record.

(E) If a member participates in a communication prohibited by this section, the communication and any complaints associated with it must be made part of the public record and documented on the website.

(F) Staff may make a completed proposed plan that staff prepared as a result of a request made in a public hearing available to the public on the commission's website. In addition, staff may communicate with a member of the commission or the advisory committee to clarify directions that were given to staff during a public meeting regarding the creation of a proposed plan, so long as staff makes a record of the content of the communication available to the public on the commission's website.

(II) The commission, each member of the commission, the advisory committee, each member of the advisory committee, and staff are subject to open records requirements as provided in part 2 of article 72 of title 24, as amended, or any successor statute; except that plans in draft form and not submitted to the commission are not public records subject to disclosure. Work product and communications among staff, members of the advisory committee, and between staff and the advisory committee are subject to disclosure once a plan is adopted by the board of county commissioners.

(III) Persons who contract for or receive compensation for advocating to the commission, to one or more members of the commission, to the advisory committee, to one or more members of the advisory committee, or to staff for the adoption or rejection of any plan, amendment to a plan, mapping approach, or manner of compliance with any of the mapping criteria specified in section 30-10-306.3 are lobbyists who must disclose to the secretary of state any compensation contracted for, compensation received, and the person or entity contracting or paying for their lobbying services. Such disclosure must be made no later than seventy-two hours after the earlier of each instance of such lobbying or any payment of such compensation. The secretary of state shall publish on the secretary of state's website or comparable means of communicating with the public the names of such lobbyists, as well as the compensation received and the persons or entities for whom they work within twenty-four hours of receiving such information. The secretary of state shall adopt rules to facilitate the complete and prompt reporting required by this subsection (4)(b)(III) as well as a complaint process to address any lobbyist's failure to report a full and accurate disclosure, which complaint must be heard by an administrative law judge, whose decision may be appealed to the court of appeals.
C.R.S. § 30-11-406 — CO Code / Title 30 / Article 11 / Part 4 / Section 30-11-406
30-11-406. Powers of law enforcement authority
Status: in_force

30-11-406. Powers of law enforcement authority. (1) Each law enforcement authority formed pursuant to this part 4 has the following powers, except as otherwise limited by the resolution creating the same:

(a) To have perpetual existence;

(b) To sue and be sued and be a party to suits, actions, and proceedings;

(c) To enter into contracts and agreements with the sheriff of the county in which the authority is located to provide law enforcement services for the authority, except as otherwise provided in this part 4;

(d) To employ such administrative, clerical, and professional employees as may be necessary to carry out the purposes of the authority;

(e) To levy a tax not to exceed five mills for the 1982 property tax year or seven mills for the 1983 property tax year and each property tax year thereafter on the taxable property within the area of the authority, for the payment of the operating expenses of the authority. In any case in which an authority proposes to impose a mill levy which is the maximum mill levy allowable under this paragraph (e) or which is in excess of the certified mill levy computed pursuant to section 30-11-406.5, such authority shall follow the procedure set forth in section 30-11-406.5.
C.R.S. § 30-17-108 — CO Code / Title 30 / Article 17 / Part 1 / Section 30-17-108
30-17-108. Temporary general assistance payments limited to appropriation
Status: in_force

30-17-108. Temporary general assistance payments limited to appropriation. In no event shall payment of temporary general assistance benefits exceed, in the aggregate, the appropriation made by the board of county commissioners for the temporary general assistance account.
C.R.S. § 30-31-116 — CO Code / Title 30 / Article 31 / Section 30-31-116
30-31-116. Regional tourism projects
Status: in_force

30-31-116. Regional tourism projects. (1) A county revitalization authority that is designated as a financing entity pursuant to part 3 of article 46 of title 24, has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of part 3 of article 46 of title 24, including the power to receive state sales tax increment revenue generated within an approved regional tourism zone, as defined in section 24-46-303 (11), and to disburse and otherwise utilize such revenue for all lawful purposes, including financing eligible costs and the design, construction, maintenance, and operation of eligible improvements, as such terms are defined in section 24-46-303 or otherwise incorporated into the commission's conditions of approval.

(2) Notwithstanding section 30-31-109 (8), authorization to receive state sales tax increment revenue pursuant to part 3 of article 46 of title 24, is a material modification to the plan, and corresponding changes to the plan may be made by the governing body of the authority to incorporate the use of state sales tax increment revenue without the requirement of submission to or approval by the governing body of the county that has established the authority.

(3) Any county revitalization authority that receives state sales tax increment revenue, whether pursuant to designation as a financing entity pursuant to part 3 of article 46 of title 24, or pursuant to a contract entered into with any such financing entity, shall not use the state sales tax increment revenue to acquire property through the exercise of eminent domain.

(4) Nothing in this section eliminates the requirements for the authorization of a new county revitalization authority pursuant to this article 31.
C.R.S. § 30-31-109 — CO Code / Title 30 / Article 31 / Section 30-31-109
30-31-109. Approval of county revitalization plans by local governing body - definitions
Status: in_force

30-31-109. Approval of county revitalization plans by local governing body - definitions. (1) (a) An authority may not undertake the county revitalization project for the county revitalization area unless, based on evidence presented at a public hearing, the governing body has determined by resolution that the area is a revitalization area and has designated the area as appropriate for a county revitalization project.

(b) (I) Notwithstanding any other provision of this article 31, within thirty days of commissioning a study to determine whether an area is a revitalization area in accordance with the requirements of subsection (1)(a) of this section, the authority shall provide notice to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record and to any municipality within three miles of the proposed area. The notice must state that the authority is commencing a study necessary for making a determination as to whether the area in which the owner owns property is a revitalization area. Within seven days of making such determination, the authority or the county, as applicable, shall also provide notice of the determination to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record.

(II) As used in this subsection (1)(b), "private property" means, as applied to real property, only a fee ownership interest.

(c) (I) The boundaries of an area that the governing body determines to be a revitalization area must be drawn as narrowly as the governing body determines feasible to accomplish the planning and development objectives of the proposed county revitalization plan. The governing body shall not approve the county revitalization plan until a general plan for the county has been prepared. In making the determination as to whether a particular area is a revitalization area pursuant to the provisions of this article 31, any particular condition found to be present may satisfy as many of the factors referenced in section 30-31-103 (14) as are applicable to the condition.

(II) Notwithstanding any other provision of this article 31, no county revitalization area may contain any agricultural land unless:

(A) The agricultural land is a brownfield site;

(B) Not less than one-half of the county revitalization area as a whole consists of parcels of land containing urban-level development that, at the time of the designation of such area, the governing body determines to be a revitalization area in accordance with the requirements of subsection (1)(a) of this section, and not less than two-thirds of the perimeter of the county revitalization area as a whole is contiguous with urban-level development as determined at the time of the designation of such area;

(C) The agricultural land is an enclave within the territorial boundaries of the county and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than three years as determined at the time of the designation of the area; or

(D) Each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the county revitalization area.

(III) Notwithstanding any other provision of this article 31, the county revitalization authority must not overlap with an urban renewal authority, and the boundaries of the county revitalization area must not overlap with a municipality, except where the property is subsequently annexed into the municipality or pursuant to section 30-31-118.

(d) A county revitalization plan that is approved or substantially modified must include a legal description of the county revitalization area, including the legal description of any agricultural land proposed for inclusion within the county revitalization area pursuant to subsection (1)(c)(II) of this section.

(2) (a) Prior to approving a county revitalization plan, a governing body shall submit the plan to the county planning commission for review and recommendations as to the plan's conformity with the general plan for the development of the county as a whole. The county planning commission shall also review and provide recommendations as to the plan's interaction with applicable municipal plans for the development of unincorporated territory if the county revitalization plan includes property that is included within a municipal plan adopted pursuant to section 31-12-105 (1)(e)(I) or section 31-23-212.

(b) The planning commission shall submit its written recommendations to the governing body within thirty days after receipt of the plan.

(c) Upon receipt of the recommendations of the planning commission or, if no recommendations are received within thirty days, without such recommendations, a governing body may proceed with the hearing on the proposed county revitalization plan required by subsection (5) of this section.

(3) (a) At least thirty days prior to the hearing described in subsection (5)(a) of this section on a county revitalization plan or a substantial modification to a county revitalization plan, the county or the authority shall submit a county revitalization impact report along with the county revitalization plan or modification to a county revitalization plan to every municipality within one mile of the county revitalization area. The county revitalization impact report must include, at a minimum, the following information concerning the impact of such a county revitalization plan:

(I) An estimate of the impact of the county revitalization project on municipal services and infrastructure;

(II) An estimate of the cost and extent of additional municipal infrastructure and services that are anticipated to be needed to serve development within the proposed county revitalization area, and the benefit of improvements within the county revitalization area to existing municipal infrastructure;

(III) A statement setting forth the method under which the authority or the county will finance, or that agreements are in place to finance, any additional municipal infrastructure and services to serve development in the county revitalization area for the duration of the county revitalization project; and

(IV) Any other estimated impacts of the county revitalization project.

(b) The inadvertent failure of a county or an authority to submit a county revitalization plan, substantial modification to a county revitalization plan, or a county revitalization impact report, as applicable, to a municipality in accordance with the requirements of subsection (3)(a) of this section neither creates a cause of action in favor of any party nor invalidates any county revitalization plan or substantial modification to a county revitalization plan.

(c) Notwithstanding any other provision of this section, a city and county is not required to submit an urban renewal impact report satisfying the requirements of subsection (3)(a) of this section.

(4) Upon request of the county or the authority, each municipality that is entitled to receive a copy of a county revitalization plan or a substantial modification to a county revitalization plan shall provide available municipal data and projections to the county or the authority to assist in preparing a county revitalization impact report pursuant to subsection (3) of this section.

(5) (a) A governing body shall hold a public hearing on the county revitalization plan or a substantial modification of an approved county revitalization plan no less than thirty days after giving public notice of the hearing.

(b) The notice for the public hearing must:

(I) Be published by the governing body in a newspaper having a general circulation in the county;

(II) Describe the time, date, place, and purpose of the hearing;

(III) Generally identify the county revitalization area covered by the plan;

(IV) Outline the general scope of the county revitalization project under consideration; and

(V) Be provided by the county to every municipality within three miles of the authority.

(c) If an authority intends to acquire private property by eminent domain within the county revitalization area that is to be subsequently transferred to a private party in accordance with the requirements of section 30-31-106 (2), the governing body, before commencing the acquisition of the property, shall hold a public hearing on the use of eminent domain as a means to acquire the property. The governing body shall only hold this hearing after written notice of the time, date, place, and purpose of the hearing has been provided to each owner of property, as property is defined in section 30-31-106 (4), that is within the county revitalization area at least thirty days before the date of the hearing. In order to authorize the use of eminent domain as a means to acquire property, a governing body shall base its authorization decision on a finding of revitalization area conditions without regard to the economic performance of the property to be acquired.

(d) At the hearing held pursuant to the notice described in this subsection (5), the governing body shall grant a full opportunity to be heard to all municipalities within three miles of the authority.

(6) Following the hearing described in subsection (5) of this section, the governing body may approve the county revitalization plan if the governing body finds that:

(a) A feasible method exists for the relocation of individuals and families who will be displaced by the county revitalization project in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families;

(b) A feasible method exists for the relocation of business concerns that will be displaced by the county revitalization project in the county revitalization area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities;

(c) The governing body has taken reasonable efforts to provide written notice of the public hearing prescribed by subsection (5) of this section to all property owners, residents, and owners of business concerns in the proposed county revitalization area at their last-known address of record at least thirty days before such hearing. The notice must contain the same information as required for the notice described in subsection (5) of this section.

(d) No more than one hundred twenty days have passed since the commencement of the first public hearing of the county revitalization plan pursuant to subsection (5) of this section;

(e) If the county revitalization plan contains property that was included in a previously submitted county revitalization plan that the governing body failed to approve pursuant to this section, at least twenty-four months have passed since the commencement of the prior public hearing concerning such property held pursuant to subsection (5) of this section, unless substantial changes have occurred since the commencement of the hearing that resulted in a determination that such property constituted a revitalization area pursuant to section 30-31-103 (14);

(f) The county revitalization plan conforms to the general plan of the county as a whole and considers applicable municipal plans for the development of unincorporated territory, if the county revitalization plan includes property that is included within a municipal plan adopted pursuant to section 31-12-105 (1)(e)(I) or section 31-23-212;

(g) The county revitalization plan will afford maximum opportunity, consistent with the sound needs of the county as a whole, for the rehabilitation or redevelopment of the county revitalization area by private enterprise;

(h) The authority or the county will adequately finance, or that agreements are in place to finance, any additional county and municipal infrastructure and services required to serve development within the county revitalization area for the period in which all or any portion of the property taxes described in subsection (13)(a)(II) of this section and levied by the county are paid to the authority;

(i) The adoption of the plan will not create an undue burden on any municipality that provides municipal services or that owns, controls, or maintains any infrastructure or facilities that are impacted by the adoption of the plan, excluding any burden that has not been addressed pursuant to subsection (6)(h) of this section; and

(j) No property is included in the county revitalization plan that is subject to a pending annexation agreement or for which annexation proceedings have been commenced within the past three years.

(7) In addition to the findings otherwise required of the governing body pursuant to subsection (6) of this section, if the county revitalization plan seeks the acquisition of private property by eminent domain for subsequent transfer to a private party pursuant to section 30-31-106 (2), the governing body may approve the county revitalization plan where it finds, in connection with a hearing satisfying the requirements of subsection (5) of this section, that the county revitalization plan has met the requirements of section 30-31-106 (2) and that the principal public purpose for adopting the county revitalization plan is to facilitate redevelopment in order to take advantage of revitalization areas.

(8) If the county revitalization area consists of an area of open land which, under the county revitalization plan, is to be developed for residential uses, the governing body must first have determined that:

(a) A shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the county;

(b) The need for housing accommodations has been or will be increased as a result of taking advantage of revitalization areas;

(c) The opportunity factors in the county revitalization area and the shortage of attainable housing create a risk to the public health and safety; and

(d) The acquisition of the area for residential uses is an integral part of and essential to the program of the county.

(9) If the county revitalization area consists of an area of open land which, under the county revitalization plan, is to be developed for nonresidential uses, the local governing body must first have determined that:

(a) Such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; and

(b) The contemplated acquisition of the area may require the exercise of governmental action, as provided in this article 31, because of being in a revitalization area.

(10) (a) The county revitalization plan may be modified at any time; but, if the county revitalization plan is modified after the lease or sale by the authority of real property in the county revitalization project area, the modification is subject to such rights at law or in equity as a lessee or purchaser or the purchaser's successor in interest may be entitled to assert. If the modification to a county revitalization plan will substantially change provisions of the county revitalization plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the county revitalization project, the scope or method of financing, design, building requirements, timing, or procedure, as previously approved, or where the modification will substantially clarify a plan that, when approved, was lacking in specificity as to the county revitalization project or financing, then the modification is a substantial modification to the county revitalization plan and subject to all of the requirements of this section.

(b) Any proposed county revitalization plan modification must be submitted to the governing body for approval.

(c) Not less than thirty days before approving any modification of the county revitalization plan, the governing body or authority shall provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the county revitalization area and to each municipality within three miles of the county revitalization area along with a notice of the date and time of the meeting at which the governing body will consider the modification.

(d) If the county revitalization plan is modified after the lease or sale by the authority of real property in the county revitalization project area, that modification is subject to such rights at law or in equity as a lessee or purchaser or their successor in interest may be entitled to assert.

(e) The county revitalization plan modification is substantial and subject to all of the requirements of this section if the modification will substantially:

(I) Change provisions of the county revitalization plan regarding the following as previously approved:

(A) Land area;

(B) Land use;

(C) Authorization to collect incremental tax revenue;

(D) The extent of the use of tax increment financing;

(E) The scope or nature of the county revitalization project;

(F) The scope or method of financing;

(G) Design;

(H) Building requirements; or

(I) Timing or procedure; or

(II) Clarify a plan that, when approved, was lacking in specificity as to the county revitalization project or financing.

(f) Any taxing entity that levies taxes on property located within the county revitalization area and any municipality with territory within three miles of the county revitalization area may file an action in a state district court exercising jurisdiction over the county in which the county revitalization area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. If requested by the taxing entity or municipality, the court shall enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if the court makes such a determination, the court shall further enjoin any action by the authority pursuant to the modification until the authority complies with subsection (8) of this section.

(11) (a) No action may be brought to enjoin any activity of the authority pursuant to the county revitalization plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within forty-five days after the date on which the authority provided notice of its intention regarding the undertaking or activity.

(b) (I) The notice required by subsection (11)(a) of this section must:

(A) Describe the undertaking or activity proposed by the authority and specify that any action to enjoin the undertaking or activity must be brought within forty-five days from the date of the notice; and

(B) Be published in a newspaper of general circulation in the county.

(II) On or before the date of publication of the notice of intention required by subsection (11)(a) of this section, the authority shall also mail a copy of the notice to each taxing entity that levies taxes on property within the county revitalization area and to each municipality within three miles of the county revitalization area.

(12) Upon the approval by the governing body of the county revitalization plan or a substantial modification to the county revitalization plan, the provisions of that plan are controlling with respect to the land area, land use, design, building requirements, timing, or procedure applicable to the property covered by that plan, except to the extent inconsistent with the laws of a municipality following annexation of such property.

(13) (a) Notwithstanding any law to the contrary, any county revitalization plan, as originally approved or as later modified pursuant to this article 31, may contain a provision that the property taxes of specifically designated public bodies that have joined the authority pursuant to section 30-31-104 (6), if any, levied after the effective date of the approval of such county revitalization plan upon taxable property in the county revitalization area each year or that county sales taxes collected within said area, or both such taxes, by or for the benefit of the designated public body must be divided for a period not to exceed thirty years after the effective date of adoption of such a provision, as follows:

(I) That portion of the taxes produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the county revitalization area last certified before the effective date of approval of the county revitalization plan or, as to an area later added to the county revitalization area, the effective date of the modification of the plan, or that portion of county sales taxes collected within the boundaries of said county revitalization area in the twelve-month period ending on the last day of the month before the effective date of approval of said plan, or both such portions, must be paid into the funds of each such public body as are all other taxes collected by or for the public body.

(II) That portion of the property taxes or all or any portion of the sales taxes, or both, in excess of the amount of property taxes or sales taxes paid into the funds of each such public body in accordance with the requirements of subsection (13)(a)(I) of this section must be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the authority for financing or refinancing, in whole or in part, the county revitalization project, to make payments under an agreement executed pursuant to this section, or for any other purposes authorized by this article 31. Any excess county sales tax or property tax collections not allocated pursuant to this subsection (13)(a)(II) must be paid into the funds of the county or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in the county revitalization area exceeds the base valuation for assessment of the taxable property in the county revitalization area, as provided in subsection (13)(a)(I) of this section, all of the taxes levied upon the taxable property in such county revitalization area must be paid into the funds of the respective public bodies. Unless and until the total county sales tax collections in the county revitalization area exceed the base year county sales tax collections in such county revitalization area, as provided in subsection (13)(a)(I) of this section, all such sales tax collections must be paid into the funds of the county. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total county sales tax collections, or both, in the county revitalization area must be paid into the funds of the respective public bodies, and all money remaining in the special fund established pursuant to this subsection (13)(a)(II) that has not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing entity, other than the county, within the boundaries of the county revitalization area must be repaid to each taxing entity based on the pro rata share of the prior year's property tax increment attributable to each taxing entity's current mill levy in which property taxes were divided pursuant to this subsection (13). Any money remaining in the special fund not generated by property tax increment is excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues resulting because the voters have authorized the municipality, county, or special district to retain and spend said revenues pursuant to section 20 (7)(d) of article X of the state constitution subsequent to the creation of the special fund pursuant to this subsection (13)(a)(II) or as a result of an increase in the property tax mill levy approved by the voters of the municipality, county, or special district subsequent to the creation of the special fund, to the extent the total mill levy of the municipality, county, or special district exceeds the respective mill levy in effect at the time of approval or substantial modification of the county revitalization plan, must not be pledged by an authority for the payment of any bonds of, any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant municipality, county, or special district. To the extent the authority has received the notification specified in this subsection (13)(a)(II), such additional revenues must then be promptly repaid by the authority to the county or other taxing entity. The authority must be notified of the amount of additional revenues and the calculations used in computing the amount by the applicable county or other taxing entity before making repayment and, in any event, not later than February 1 of each fiscal year following the year in which a voter-approved revenue increase has taken effect. The authority and county or any other taxing entity may negotiate for the purpose of entering into an agreement on the issues of the amount of repayment, the mechanics of how repayment of the additional revenues will be accomplished, a method for resolving disputes regarding the amount of repayment, and whether the county or taxing entity will waive the repayment requirement, singularly or in combination, and may enter into an intergovernmental agreement regarding any of these issues.

(III) In calculating and making payments as described in subsection (13)(a)(II) of this section, the county treasurer may offset the authority's pro rata portion of any property taxes that are paid to the authority under the terms of subsection (13)(a)(II) of this section and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for the county revitalization project. The authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the authority to offset the authority's pro rata portion of the refunds. The provisions of this subsection (13)(a)(III) do not apply to a city and county.

(IV) No property within a revitalization area pursuant to which any bonds of, loans or advances to, or indebtedness incurred by an authority pursuant to subsection (13)(a)(II) of this section are outstanding may be included within an urban renewal area or any other property tax increment area unless the authority enters into an agreement that provides for either the assumption or the defeasance of all such bonds, loans, advances, or indebtedness.

(V) A county revitalization plan shall not be affected by the annexation of any property in the county revitalization area.

(b) The portion of taxes described in subsection (13)(a)(II) of this section may be irrevocably pledged by the authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge does not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers; except that this limitation on the extension of the irrevocable pledge does not apply to a city and county.

(c) As used in this subsection (13), "taxes" includes, without limitation, all levies authorized to be made on an ad valorem basis upon real and personal property or county sales taxes; but nothing in this subsection (13) requires any public body to levy taxes.

(d) If the county revitalization area includes single- and multi-family residences, a school district which includes all or any part of the county revitalization area must be permitted to participate in an advisory capacity with respect to the inclusion in the county revitalization plan of the provision provided for by this subsection (13).

(e) If there is a general reassessment of taxable property valuations in any county including all or part of the county revitalization area subject to division of valuation for assessment under subsection (13)(a) of this section or a change in the sales tax rate levied in any county including all or part of the county revitalization area subject to division of sales taxes under subsection (13)(a) of this section, the portions of valuations for assessment or sales taxes under subsections (13)(a)(I) and (13)(a)(II) of this section must be proportionately adjusted in accordance with the reassessment or change.

(f) Notwithstanding the thirty-year period of limitation set forth in subsection (13)(a) of this section, any county revitalization plan, as originally approved or as later modified pursuant to this article 31, may contain a provision that the county sales taxes collected in the county revitalization area each year or the county portion of taxes levied upon taxable property within the area, or both such taxes, may be allocated as described in this subsection (13) for a period in excess of thirty years after the effective date of the adoption of the provision if the existing bonds are in default or about to go into default; except that the taxes may not be allocated after all bonds of the authority issued pursuant to such plan including loans, advances, and indebtedness, if any, and interest thereon, and any premiums due in connection therewith have been repaid.

(g) Notwithstanding any other provision of this section, if one or more of the conditions specified in subsection (1)(c)(II) of this section have been satisfied so that agricultural land is included within the county revitalization area, the county assessor shall value the agricultural land at its fair market value in making the calculation of the taxes to be paid to the public bodies pursuant to subsection (13)(a)(I) of this section solely for the purpose of determining the tax increment available pursuant to subsection (13)(a)(II) of this section. Nothing in this section affects the actual or required classification of agricultural land for property tax purposes, and nothing in this section affects the taxes actually to be paid to the public bodies pursuant to subsection (13)(a)(I) of this section, which must continue to be based on the agricultural classification of such land unless and until it has been reclassified in the normal course of the assessment process.

(h) The manner and methods by which the requirements of this subsection (13) are to be implemented by county assessors must be contained in such manuals, appraisal procedures, and instructions, as applicable, that the property tax administrator is authorized to prepare and publish pursuant to section 39-2-109 (1)(e).

(i) Within the twelve-month period before the effective date of the approval or modification of the county revitalization plan requiring the allocation of money to the authority pursuant to subsection (13)(a) of this section, the municipality, county, or special district is entitled to the reimbursement of any money that the municipality, county, or special district pays to, contributes to, or invests in the authority for the project. The reimbursement must be paid from the special fund of the authority established pursuant to subsection (13)(a) of this section.

(14) (a) Notwithstanding any other provision of law, the governing body may provide in the county revitalization plan that the valuation attributable to the extraction of mineral resources located within the county revitalization area is not subject to the division that is otherwise required by subsection (13)(a) of this section. In such circumstances, the taxes levied on the valuation must be distributed to the taxing entities as if the county revitalization plan was not in effect.

(b) As used in this subsection (14):

(I) "Mineral resources" has the same meaning as specified in section 36-1-100.3 (3).

(II) "Valuation attributable to the extraction of mineral resources" includes:

(A) The value of oil and gas leaseholds and land and subsurface oil and gas well equipment that is valued for assessment purposes as real property under sections 39-7-102 and 39-7-103; and

(B) Surface oil and gas well equipment and submersible pumps and sucker rods that are located on oil and gas leaseholds and land and that are valued for assessment purposes as personal property under section 39-7-103.

(15) The county in which the county revitalization authority has been established shall timely notify the assessor when:

(a) The county revitalization plan or a substantial modification of the plan has been approved that contains the provisions referenced in subsection (13)(a) of this section or a substantial modification of the plan adds land to the plan, which plan contains the provisions referenced in subsection (13)(a) of this section;

(b) Any outstanding obligation incurred by the authority pursuant to the provisions of subsection (13) of this section has been paid off; and

(c) The purposes of the authority have otherwise been achieved.

(16) (a) Not later than thirty days after the county has provided the county assessor the notice required by subsection (15)(a) of this section, the county assessor may provide written notice to the county if the assessor believes that agricultural land has been improperly included in the county revitalization area in violation of subsection (1)(c)(II) of this section.

(b) If the notice described in subsection (15)(a) of this section is not delivered within the required thirty-day period, the inclusion of the land in the county revitalization area as described in the county revitalization plan is incontestable in any suit or proceeding notwithstanding the presence of any cause.
C.R.S. § 30-10-405.5 — CO Code / Title 30 / Article 10 / Part 4 / Section 30-10-405.5
30-10-405.5. Electronic filings
Status: in_force

30-10-405.5. Electronic filings. The county clerk and recorder may accept by electronic filing deeds and all other documents authorized by law to be recorded in his or her office. As used in this part 4, unless the context otherwise requires, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. To the extent the provisions of this part 4 differ from the requirements of the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., the provisions of this part 4 are intended to modify, limit, or supercede the requirements of such act, as provided for in section 7002 (a) of such act.
C.R.S. § 30-11-305 — CO Code / Title 30 / Article 11 / Part 3 / Section 30-11-305
30-11-305. Prior agreements validated
Status: reserved

30-11-305. Prior agreements validated. All reservations of oil and gas and other mineral rights and sales of previously reserved oil and gas and other mineral rights in county lands made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners, all leases of oil and gas or rights, and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in section 30-11-304, affecting county lands, made or entered into by any county prior to May 20, 1949, acting by its board of county commissioners are hereby confirmed, validated, and declared to be legal and valid in all respects.
C.R.S. § 30-28-116 — CO Code / Title 30 / Article 28 / Part 1 / Section 30-28-116
30-28-116. Regulations may be amended
Status: in_force

30-28-116. Regulations may be amended. From time to time the board of county commissioners may amend the number, shape, boundaries, or area of any district, or any regulation of or within such district, or any other provisions of the zoning resolution. Any such amendment shall not be made or become effective unless the same has been proposed by or is first submitted for the approval, disapproval, or suggestions of the county planning commission. If disapproved by such commission within thirty days after such submission, such amendment, to become effective, shall receive the favorable vote of not less than a majority of the entire membership of the board of county commissioners. Before finally adopting any such amendment, the board of county commissioners shall hold a public hearing thereon, and at least fourteen days' notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation in the county.
C.R.S. § 30-10-517 — CO Code / Title 30 / Article 10 / Part 5 / Section 30-10-517
30-10-517. Outgoing sheriff may proceed with writs
Status: in_force

30-10-517. Outgoing sheriff may proceed with writs. Every sheriff going out of office at the expiration of the sheriff's term and having any order of fieri facias or fee bill that the sheriff has levied but not collected shall collect such execution or fee bill in the same manner as if the sheriff's term of office had not expired.
C.R.S. § 30-15-401.4 — CO Code / Title 30 / Article 15 / Part 4 / Section 30-15-401.4
30-15-401.4. Statewide policy to prevent the operation of illicit massage businesses - local
Status: repealed

30-15-401.4. Statewide policy to prevent the operation of illicit massage businesses - local regulation authorized - background checks required - legislative declaration - definitions. (1) (a) The general assembly finds and declares that:

(I) Illicit massage businesses present a facade of legitimate services, concealing that the primary business is the sex and labor trafficking of victims who are trapped in these businesses;

(II) Human trafficking is a growing problem throughout Colorado;

(III) All local governments in the state already have authority to enact resolutions or ordinances to establish licensing authorities to regulate or otherwise regulate massage facilities and to deter and shut down illicit massage facilities; and

(IV) Because preventing the operation of illicit massage facilities by requiring current and prospective operators, owners, and employees of massage facilities to submit to periodic background checks is a matter of statewide concern and licensing and other regulation of massage facilities is a matter of mixed statewide and local concern that local governments have significant discretion to address in accordance with local needs, it is necessary, appropriate, and in the best interest of all Coloradans to:

(A) Require, uniformly throughout the state as a matter of statewide policy, that every current and prospective operator, owner, and employee of a massage facility submit to a background check, which generally means a fingerprint-based criminal history record check, as required by this section; and

(B) Require every local government in the state that has a massage facility within its jurisdictional boundaries to establish a local process that ensures that the background checks are conducted throughout the state in accordance with the requirements and limitations set forth in this section.

(V) to (VIII) Repealed.

(b) The general assembly further finds and declares that:

(I) A local government may adopt a resolution or ordinance to establish business licensure requirements to regulate massage facilities or to regulate and prohibit unlawful activities for the sole purpose of deterring illicit massage businesses and preventing human trafficking;

(II) It is critical for effective local enforcement against human trafficking that local governments work together against this increasing criminal activity;

(III) Licensing authorities and local law enforcement agencies are encouraged to report to the department of regulatory agencies information regarding criminal activities involving massage therapists;

(IV) Most licensed massage therapists in Colorado are practicing lawfully and ethically; and

(V) The general assembly does not intend to make the practice of lawful massage therapy more difficult for massage therapists in Colorado.

(2) As used in this section, unless the context otherwise requires:

(a) "Advertise" means to publish, display, or disseminate information and includes, but is not limited to, the issuance of any card, sign, or direct mail, or causing or permitting any sign or marking on or in any building or structure or in any newspaper, magazine, or directory, or any announcement or display via any televised, computerized electronic, or telephonic networks or media.

(a.3) "Applicant" means a person who has submitted an application to a licensing authority for an initial license or renewal of a license to operate a massage facility.

(a.5) "Background check" means a fingerprint-based criminal history record check conducted in accordance with subsection (4)(c.5) of this section and also includes, to the extent allowed or required, as applicable, by subsection (4)(c.5)(VI) of this section when a fingerprint-based criminal history record check cannot be completed or reveals a record of arrest without disposition, a criminal history record check using the Colorado bureau of investigation's records and a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(a.7) Except as otherwise provided in subsection (2)(a.7)(II) of this section, "employee" means:

(I) (A) An individual who is employed by a massage facility; or

(B) An independent contractor who is hired by a massage facility to perform work that is part of the routine operations of the massage facility.

(II) For the purpose of determining who is required to submit to a background check required by subsection (4)(c.5) of this section, "employee" does not include:

(A) A massage therapist; or

(B) An independent contractor who performs janitorial services or other routine facility maintenance services for a massage facility and has no contact with or only incidental contact with clients of the massage facility.

(b) "Erotic parlor" means a facility that entices clients through advertising or other business practices directed towards sexual desire, lust, or passion.

(c) "Fully clothed" means fully opaque, nontransparent material that must not expose an employee's genitalia or substantially expose the employee's undergarments.

(d) "Illicit massage business" means a business that may provide massage but engages in human trafficking-related offenses, as described in sections 18-3-503 and 18-3-504.

(e) "Licensing authority" means the governing body of a local government or, if a local government has exercised its authority to adopt a resolution or ordinance that establishes licensure requirements for massage facilities or to regulate and prohibit unlawful activities related to massage facilities, any authority designated by the local government's charter or in a resolution or ordinance to administer or enforce the business licensure requirements, regulations, or prohibitions for massage facilities established by the local government.

(e.5) "Local government" means a home rule or statutory county, a city and county, or a home rule or statutory municipality.

(e.7) "Local law enforcement agency" means:

(I) A county sheriff's office;

(II) A municipal police department; or

(III) A town marshal's office.

(f) "Massage" or "massage therapy" has the same meaning as defined in section 12-235-104 (4).

(g) "Massage facility" means any place of business where massage therapy or full body massage is practiced or administered.

(h) "Massage therapist" has the same meaning as defined in section 12-235-104 (5).

(h.3) "Operator" means a person that is licensed by a licensing authority to operate a massage facility in accordance with a local resolution or ordinance or a person that is operating a massage facility without a license within the territory of a local government that does not require licensure of massage facilities; except that, for the purpose of determining whether a person is required to submit to a background check required by subsection (4)(c.5) of this section, "operator" does not include a massage therapist.

(h.5) "Owner" means a person other than an operator that holds a legal ownership interest in a massage facility; except that a person that is not involved in the operation of a massage facility and whose ownership interest consists only of stock in a publicly traded company that owns or operates a massage facility is not an owner.

(i) "Person" means a natural person, partnership, association, company, corporation, or organization or managing agent, servant, officer, partner, owner, operator, or employee of any of them.

(j) "Solo practitioner" means a licensed massage therapist, as defined in section 12-235-104 (5), performing the practice of massage therapy independently.

(k) "Table shower" means an apparatus for the bathing or massaging of a person on a table or in a tub.

(3) (a) In addition to any other powers, a local government may adopt a resolution or ordinance to establish business licensure requirements or to regulate and prohibit unlawful activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses as described in sections 18-3-503 and 18-3-504. If a local government adopts a resolution or ordinance to establish business licensure requirements pursuant to subsection (4) of this section or to prohibit unlawful activities pursuant to subsection (5) of this section, the resolution or ordinance must not be more restrictive than the requirements set forth in this section.

(b) When developing a resolution or ordinance for adoption pursuant to this section, a county and a municipality within the county shall consult with each other. By mutual agreement between a county and a municipality within the county, a municipality may elect to have a county's resolution or ordinance adopted pursuant to this section apply to massage facilities operating within the jurisdictional boundaries of the municipality in lieu of adopting its own ordinance or resolution.

(c) A local government is not required to adopt a resolution or ordinance as otherwise required by this subsection (3) if there are no massage facilities operating within the jurisdictional boundaries of the local government.

(3.5) Except as otherwise provided in subsection (3)(c) of this section, a local government shall establish a process, which may be established by resolution or ordinance or otherwise, to require that, as a condition for a person remaining as or becoming an operator, owner, or employee:

(a) A person who is an operator, owner, or employee on the effective date of the resolution or ordinance submit to a background check on or before the earlier of October 1, 2025, or any other date specified by a local government in its process;

(b) A prospective employee submit to a background check before commencing employment with a massage facility; and

(c) A prospective operator or owner submit to a background check at least thirty days before, as applicable, being granted a license to operate a massage facility or assuming an ownership interest in a massage facility that would make the prospective owner an owner.

(4) (a) If a local government adopts a resolution or ordinance to establish business licensure requirements for massage facilities as set forth in subsection (3)(a) of this section, the business licensure requirements may only include:

(I) Requiring that a massage facility obtain a license prior to opening for business and operating as a massage facility;

(II) Requiring a reasonable administrative fee not to exceed one hundred fifty dollars for issuing or renewing licensure applications. The fee must not be based on the number of employees. This subsection (4)(a)(II) applies only to new businesses applying for a license or renewal on or after August 10, 2022. Businesses that hold a license before August 10, 2022, are exempt from the administrative fees described in this subsection (4)(a)(II).

(III) Designating a licensing authority to receive, review, approve, or deny applications;

(IV) Allowing a licensing authority or a licensing authority's designee to deny an application if:

(A) A required administrative fee is not paid;

(B) The local government zoning or subdivision regulations do not allow for the operation of a massage facility;

(C) The applicant or an owner, prospective owner, or employee has been convicted of or entered a plea of guilty or nolo contendere that is accepted by the court for a felony or misdemeanor for solicitation of a prostitute, as described in section 18-7-202; a human trafficking-related offense, as described in section 18-3-503 or 18-3-504; money laundering, as described in section 18-5-309;

(D) The applicant or an owner, prospective owner, or employee is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103;

(E) (Deleted by amendment, L. 2024).

(F) The applicant has one or more previous revocations or suspensions of a license to operate a massage facility;

(G) An employee of the massage facility for which the applicant has filed an application for a license has not submitted to a required background check before commencing employment with the massage facility pursuant to subsections (4)(c) and (4)(c.5) of this section; or

(H) The applicant or an owner or prospective owner of the massage facility for which the applicant has filed an application for a license has not submitted to a required background check pursuant to subsections (4)(c) and (4)(c.5) of this section at least thirty days before, as applicable, being granted a license to operate the massage facility or assuming an ownership interest in a massage facility that would make the prospective owner an owner.

(V) Allowing a licensing authority or a licensing authority's designee the discretion to deny an application after considering, in accordance with section 24-5-101, an applicant's, owner's or prospective owner's, or employee's or prospective employee's conviction of or plea of guilty or nolo contendere that is accepted by the court for a felony or a misdemeanor for fraud or theft or embezzlement, as described in section 18-4-401;

(VI) Requiring licensees to maintain a list of employees on site with the start date of employment, full legal name, date of birth, home address, telephone number, and employment position of each employee;

(VII) Requiring licensees and employees to have valid government identification, including but not limited to a form of identification described in section 24-21-521 (4)(a) and, for licensed massage therapists, a form of identification required for licensed massage therapists as described in section 24-34-107 (1), that must be immediately presented to a licensing authority or the licensing authority's designees upon request;

(VIII) Requiring licensed massage therapists to maintain copies of valid massage therapy licensure, as required by article 235 of title 12, that must be immediately presented to a licensing authority, the licensing authority's designees, or law enforcement upon request;

(IX) Requiring licensees to maintain a complete set of records, which may include accounts, invoices, payroll, employment records, and a log book of all massage therapy administered at the massage facility. The log book must include, but need not be limited to, the date, time, and type of massage therapy administered, and the name of the massage therapist administering the massage therapy. The licensee shall retain the records in the log book for a minimum of one year following the administration of massage therapy. Local law enforcement or the licensing authority, or the licensing authority's designee, may inspect the set of records during business hours.

(X) Designating the licensing authority, or the licensing authority's designees, responsible for the enforcement of the resolution or ordinance;

(XI) Setting penalties for the violation of prohibited activities as described in subsection (5) of this section;

(XI.5) Granting the licensing authority, or the licensing authority's designees, authority to revoke or suspend a license if:

(A) The licensee employs a person who has not submitted to a background check or an owner of the massage facility has not submitted to a background check as required pursuant to subsections (4)(c) and (4)(c.5) of this section;

(B) The licensee employs a person who has been convicted of or entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103; or

(C) An owner of the licensed massage facility has been convicted of or entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103; and

(XII) Granting a licensing authority, or licensing authority's designees, the authority to revoke or suspend a license for violating prohibited acts pursuant to subsection (5) of this section. A licensing authority, or the licensing authority's designees, may temporarily suspend a license with a hearing to be scheduled within fifteen days when the licensing authority finds:

(A) The licensee willfully failed to disclose any information on the application as required;

(B) The licensee knowingly permitted a person who does not hold a valid license pursuant to section 12-235-107 to perform massage therapy;

(C) A pattern of activity that the massage facility is committing human trafficking-related offenses, as described in sections 18-3-503 and 18-3-504; and

(D) The licensee failed to permit an inspection at a time the massage facility was open for business.

(b) The licensing authority may issue a temporary massage facility license upon receipt of a completed massage facility license application involving the sale or change of ownership in a business. The temporary massage facility license is valid for thirty days, and the licensing authority shall renew the temporary massage facility license every thirty days until approval or denial of the massage facility license.

(c) In investigating the fitness of any applicant, owner or prospective owner, or employee or prospective employee, a licensing authority shall require the applicant, owner or prospective owner, or employee or prospective employee to submit to a background check in accordance with subsection (4)(c.5) of this section. When considering an applicant's, owner's or prospective owner's, or employee's or prospective employee's criminal history record, the licensing authority shall also consider any information provided by the applicant, owner or prospective owner, or employee or prospective employee regarding the criminal history, including, but not limited to, evidence of mitigating factors, rehabilitation, character references, and educational achievements, especially the mitigating factors pertaining to the period between the applicant's, owner's or prospective owner's, or employee's or prospective employee's last criminal conviction and the consideration of the applicant's, owner's or prospective owner's, or employee's or prospective employee's application for a license or renewal, ownership or prospective ownership of a massage facility, or employment or prospective employment by a massage facility.

(c.5) (I) An applicant who holds a license or is applying for a license, an owner or prospective owner, or an employee or prospective employee shall submit to a fingerprint-based criminal history record check. The applicant, owner or prospective owner, or employee or prospective employee shall pay the costs associated with the fingerprint-based criminal history record check.

(II) A person who is, as of the effective date of this subsection (4)(c.5), an applicant who holds a license, an owner, or an employee shall have the applicant's, owner's, or employee's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check no later than October 1, 2025. An applicant for a new license, a prospective owner, or a prospective employee shall have the applicant's fingerprints taken by a local law enforcement agency or any third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check before, as applicable, being granted a license, assuming an ownership interest in a massage facility that would make the prospective owner an owner, or commencing employment with a massage facility. The applicant, owner or prospective owner, or employee or prospective employee shall authorize the entity taking the applicant's fingerprints to submit, and the entity shall submit, the complete set of the applicant's fingerprints to the Colorado bureau of investigation for the purpose of conducting a fingerprint-based criminal history record check.

(III) If an approved third party takes the applicant's, owner's or prospective owner's, or employee's or prospective employee's fingerprints, the fingerprints may be electronically captured using Colorado bureau of investigation-approved livescan equipment. Third-party vendors shall not keep the applicant's, owner's or prospective owner's, or employee's or prospective employee's information for more than thirty days.

(IV) The Colorado bureau of investigation shall use the applicant's, owner's or prospective owner's, or employee's or prospective employee's fingerprints to conduct a criminal history record check using the bureau's records. The Colorado bureau of investigation shall also forward the fingerprints to the federal bureau of investigation for the purpose of conducting a national fingerprint-based criminal history record check. The Colorado bureau of investigation; the applicant, owner or prospective owner, or employee or prospective employee; the licensing authority; and the entity taking fingerprints shall comply with the federal bureau of investigation's requirements to conduct a fingerprint-based criminal history record check.

(V) The Colorado bureau of investigation shall return the results of its criminal history record check to the licensing authority, and the licensing authority is authorized to receive the results of the federal bureau of investigation's criminal history record check. The licensing authority shall use the information resulting from the criminal history record checks to investigate and determine whether an applicant is qualified to hold a license or be an owner or employee pursuant to this section.

(VI) When the results of a fingerprint-based criminal history record check of an applicant performed pursuant to this section reveal a record of arrest without a disposition, the local licensing authority shall require the applicant to submit to a name-based judicial record check, as defined in section 22-2-119.3 (6)(d).

(d) A licensing authority, or the licensing authority's designee, may report information to the department of regulatory agencies regarding criminal activity involving a licensed massage therapist.

(4.5) (a) A person is prohibited from being an owner if the person either:

(I) Has not submitted to a required background check at least thirty days before assuming an ownership interest in a massage facility that would make the prospective owner an owner pursuant to subsections (4)(c) and (4)(c.5) of this section; or

(II) Has been convicted of or entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103.

(b) An operator or owner is prohibited from employing as an employee a person who has not submitted to a required background check pursuant to subsections (4)(c) and (4)(c.5) of this section.

(c) An operator or owner that learns that a prospective employee or employee has been convicted of or entered a plea of nolo contendere that is accepted by the court for an offense listed in subsection (4)(a)(IV)(C) of this section or is registered as a sex offender or is required by law to register as a sex offender, as described in section 16-22-103, may hire the prospective employee to work at a massage facility or continue to employ the employee at a massage facility if the operator or owner believes that employing the prospective employee or employee does not pose a threat to customers or employees of the massage facility.

(5) A local government may adopt a resolution or ordinance to prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses as described in sections 18-3-503 and 18-3-504. Prohibited activities include:

(a) Allowing a person who does not hold a massage therapy license pursuant to section 12-235-107 to perform massage in a massage facility;

(b) Advertising to a prospective client that services, including prostitution, sexual acts, escort services, sexual services, or services related to human trafficking disguised as legitimate services, are available;

(c) Permitting sexual acts or sexual services within or near a massage facility or in relation to massage therapy;

(d) Denying inspection of a massage facility by law enforcement or inspectors of a licensing authority;

(e) Refusing, interfering with, or eluding immediate identification of employees of the massage facility to law enforcement or a licensing authority's appointed inspectors;

(f) Failing to immediately report to law enforcement any act of sexual misconduct occurring in a massage facility;

(g) Allowing an employee or contractor of a massage facility to provide massage therapy without being fully clothed;

(h) Requiring client nudity as part of a massage without the client's prior consent;

(i) Allowing a massage facility to be open and practicing massage therapy without a licensed massage therapist on the premises;

(j) Permitting a person in a massage facility to make an agreement with an employee or contractor to engage in any prostitution-related offense in the massage facility or any other location;

(k) Permitting a massage facility to be used for housing, sheltering, or harboring any person, or as living or sleeping quarters for any person; except that an owner and the owner's family members who operate a massage facility as a home business are exempt from the prohibited activity in this subsection (5)(k); and

(l) Operating an erotic parlor on the premises of a massage facility.

(6) (a) If authorized by the local government resolution or ordinance, a law enforcement officer may follow the penalty assessment procedure described in section 16-2-201 for any violation of the prohibitions set forth in subsection (5) of this section. As part of the local government ordinance or resolution authorizing the penalty assessment procedure, the local government may adopt a graduated fine schedule for violations of the prohibitions set forth in subsection (5) of this section. A graduated fine schedule may provide for increased penalty assessments for repeat offenses by the same person.

(b) A local government may specify in the resolution or ordinance that a massage facility that engages in two or more violations of the resolution or ordinance is a public nuisance, as described in section 16-13-303, unless the violation is already a public nuisance, as described in section 16-13-303. The county attorney of a county, the city attorney of a city and county, the city or town attorney of a municipality, or the district attorney acting pursuant to section 16-13-302, may bring an action in the district court of the county for an injunction against the massage facility that violates the resolution or ordinance.

(7) A massage facility does not include:

(a) Training rooms in public and nonpublic institutions of higher education, as defined in section 23-3.1-102 (5);

(b) Training rooms of recognized professional or amateur athletic teams;

(c) Offices, clinics, or other facilities in which medical professionals licensed by the state of Colorado, or any other state, provide massage services to the public in the ordinary course of the medical profession;

(d) Medical facilities licensed by the state;

(e) Barber shops, beauty salons, and other facilities in which barbers and cosmetologists licensed by the state provide massage services to the public in the ordinary course of the profession;

(f) Bona fide athletic clubs that are not engaged in the practice of providing massage therapy to the members or to the public for remuneration or if an athletic club does not receive more than ten percent of its gross income providing massages to the athletic club's members or to the public;

(g) A place of business where a person offers to perform or performs massage therapy:

(I) For seventy-two hours or less in a six-month period; and

(II) As part of a public or charity event in which the primary purpose is not to provide massage therapy; and

(h) A place of business where a licensed massage therapist practices as a solo practitioner and:

(I) Does not use a business or assumed name; or

(II) Uses a business or assumed name and provides the massage therapist's full legal name or license in each advertisement, and each time the business name or assumed name appears in writing; and

(III) Does not maintain or operate a table shower.
C.R.S. § 30-11-509 — CO Code / Title 30 / Article 11 / Part 5 / Section 30-11-509
30-11-509. Time limit on submission of similar proposals
Status: in_force

30-11-509. Time limit on submission of similar proposals. No proposal for a charter commission, charter amendment, or repeal of a charter shall be initiated within twelve months after rejection of a substantially similar proposal.
C.R.S. § 30-28-125 — CO Code / Title 30 / Article 28 / Part 1 / Section 30-28-125
30-28-125. Filing with county clerk and recorder
Status: in_force

30-28-125. Filing with county clerk and recorder. Upon the adoption of any zoning ordinance or regulation, or map, the board of county commissioners shall file a certified copy of each in the office of the county clerk and recorder, which copies shall be accessible to the public. The county clerk and recorder shall index such ordinances and regulations as nearly as possible in the same manner as he indexes instruments pertaining to the title of land.
C.R.S. § 30-25-107 — CO Code / Title 30 / Article 25 / Part 1 / Section 30-25-107
30-25-107. Contingent fund
Status: in_force

30-25-107. Contingent fund. The board of county commissioners is authorized to establish a contingent fund to provide for expenditures caused by an act of God, or the public enemy, or some contingency that could not have been reasonably foreseen at the time of adoption of the budget, to redeem outstanding warrants lawfully issued, and shall fix rates of levy annually for such fund.
C.R.S. § 30-15-202 — CO Code / Title 30 / Article 15 / Part 2 / Section 30-15-202
30-15-202. Penalty for defacing or destroying notices
Status: in_force

30-15-202. Penalty for defacing or destroying notices. Any person who willfully destroys, removes, injures, or defaces any such notice erected on any such highway, or willfully injures or defaces any inscription or device comprising such notice, commits a petty offense.
C.R.S. § 30-10-501.6 — CO Code / Title 30 / Article 10 / Part 5 / Section 30-10-501.6
30-10-501.6. Training
Status: in_force

30-10-501.6. Training. (1) Every person elected or appointed to the office of sheriff for the first time shall:

(a) Attend a minimum of eighty clock hours at a new sheriff training course developed and facilitated either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, the first time such training course is given after the person's election or appointment. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such new sheriff training course.

(b) Obtain basic peace officer certification within one year of taking office. An extension may be granted by the Colorado peace officers standards and training board of up to one year to obtain such certification upon just cause shown. The Colorado peace officers standards and training board shall issue written findings of fact supporting such an extension.

(2) Every sheriff must possess basic peace officer certification and shall undergo at least the number of clock hours of in-service training required for all certified peace officers by the Colorado peace officers standards and training board, but in no case less than twenty hours. Such training shall be provided either by the county sheriffs of Colorado, incorporated, or any other training resource agency approved by the Colorado peace officers standards and training board, every year during such sheriff's term. The Colorado peace officers standards and training board shall have discretion to waive in-service training upon presentation of evidence by the sheriff demonstrating just cause for noncompletion of such training. The Colorado peace officers standards and training board shall have discretion to allow the substitution of any combination of education, experience, and training deemed by the board to be equivalent to such in-service training.

(3) The county shall only pay all reasonable costs and expenses of new sheriff and in-service training.
C.R.S. § 30-25-104 — CO Code / Title 30 / Article 25 / Part 1 / Section 30-25-104
30-25-104. Judgment against a county, how paid - tax levy
Status: in_force

30-25-104. Judgment against a county, how paid - tax levy. (1) When a judgment is given and rendered against a county of this state in the name of its board of county commissioners or against any county officer in an action prosecuted by or against him in his official capacity or name of office, when the judgment is for money and is a lawful county charge, no execution shall issue thereon, but the same may be paid by the levy of a tax upon the taxable property of said county. When the tax is collected by the county treasurer, it shall be paid over, as fast as collected by him, to the judgment creditor, or his assigns, upon the execution and delivery of proper vouchers therefor; but nothing in this section shall operate to prevent the board of county commissioners from paying any such judgment by a warrant drawn by them upon the ordinary county fund in the county treasury. The power conferred to pay such judgment by a special levy of such tax shall be held to be in addition to the taxing power given and granted to such board to levy taxes for other county purposes. The board of county commissioners shall levy under this law such taxes as shall be sufficient to discharge such judgment in the next fiscal year; but in no event shall such annual levy exceed a total of ten mills for one or more judgments exclusive of mill levies for other county purposes. The board of county commissioners shall continue to levy such taxes, not to exceed a total of ten mills annually, exclusive of mill levies for other county purposes, but in no event less than ten mills if such judgment will not be discharged by a lesser levy until such judgment is discharged.

(2) Any and all taxes levied to pay the last payment upon or to pay any such judgment shall be valid, whether the sum sought to be raised thereby exceeds the sum due on such judgment, principal and interest or not; but such excess of the sum required shall not exceed a sum equal to ten percent of such required sum, and no sale of real estate made to make such taxes shall be invalid by reason of such excess, if the same is within the above specified limit. All levies to pay judgments shall be made as near as possible to raise a sum equal to that due on the judgment, for which payment the tax is levied; but, nevertheless, any excess levied, if such does not exceed the said ten percent of the sum due and desired to be paid, shall not invalidate any tax levy upon or tax sale of real or personal estate made to raise, make, or collect the said sum due and excess.
C.R.S. § 30-6-107 — CO Code / Title 30 / Article 6 / Section 30-6-107
30-6-107. Annexation - election result - proclamation
Status: in_force

30-6-107. Annexation - election result - proclamation. When the votes cast at the annexation election have been duly canvassed, the county clerk of each of said counties shall transmit the result of said election, as to this question, along with the other returns, to the secretary of state, and if such canvass shows that a majority of the votes cast at said election in each of the said counties was in favor of the question submitted in the respective counties mentioned in section 30-6-106, the secretary of state shall immediately make proclamation thereof, setting forth a description of said territory, as it is described in said notice, plat, and survey, and that by virtue of such majority vote in said counties such territory has been stricken off from the one county, naming it, and annexed to the other county, naming it.