CO Code § 33-13-110 (2021)
2021 Colorado Code|Title 33 - Parks and Wildlife|Article 13 - Vessels|§ 33-13-110. Water Skis, Aquaplanes, Surfboards, Inner Tubes, Stand-Up Paddleboards, and Similar Devices - Rules

     No person shall operate or manipulate any vessel, towrope, or other device by which the direction, speed, or location of water skis, an aquaplane, a surfboard, an inner tube, or any similar device may be affected or controlled in such a way as to cause such device or any person thereon to collide with or strike against any object or person.    No person shall operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, or any similar device towed behind a vessel in a careless or imprudent manner without due regard for other traffic and all other attendant circumstances on the water.    [ ] Any person who violates this subsection (1) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of two hundred dollars.         Any person on water skis, an aquaplane, a surfboard, an inner tube, or any similar device shall wear a personal flotation device.    The commission shall promulgate such rules as are necessary or desirable for the safe use of water skis, aquaplanes, surfboards, inner tubes, stand-up paddleboards, and other similar devices.    In addition, the commission may promulgate rules to prohibit recreational activities pertaining to the use of all single-chambered air-inflated devices, including inner tubes and air mattresses, on rivers and streams when water conditions are considered dangerous to such activities and when bodily injury may result to participants of those activities.  (c.5) Any person on a stand-up paddleboard shall have readily accessible a personal flotation device that is of a type approved by the commandant of the United States Coast Guard and is in good and serviceable condition.     [ ] Any person who violates this subsection (2) is guilty of a class 2 petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.         A person shall not operate, manipulate, or ride water skis, an aquaplane, a surfboard, an inner tube, a stand-up paddleboard, or any similar device while under the influence of alcohol, a controlled substance as defined in section 18-18-102 (5), or any other drug, or any combination thereof, that renders the person incapable of the safe operation of the device.    [ ] Any person who violates this subsection (3) is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment.       Editor's note: This version of subsection (1)(c) is effective until March 1, 2022.  (c) [ ] Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of two hundred dollars.  Editor's note: This version of subsection (1)(c) is effective March 1, 2022.  Editor's note: This version of subsection (2)(d) is effective until March 1, 2022.  (d) [ ] Any person who violates this subsection (2) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.  Editor's note: This version of subsection (2)(d) is effective March 1, 2022.  Editor's note: This version of subsection (3)(b) is effective until March 1, 2022.  (b) [ ] Any person who violates this subsection (3) commits a civil infraction.  Editor's note: This version of subsection (3)(b) is effective March 1, 2022.  History. Source: L. 84: Entire article added, p. 903, § 2, effective January 1, 1985. L. 95: (1)(c) and (2)(d) amended, p. 972, § 21, effective July 1. L. 2003: (1)(c), (2)(d), and (3)(b) amended, p. 1948, § 23, effective May 22. L. 2012: (2)(b) and (2)(c) amended,(HB 12-1317), ch. 248, p. 1227, § 61, effective June 4; (3)(a) amended,(HB 12-1311), ch. 281, p. 1630, § 83, effective July 1. L. 2019: (1)(c), (2)(b), (2)(d), and (3)(a) amended and (2)(c.5) added,(HB 19-1026), ch. 423, p. 3698, § 22, effective July 1. L. 2021: (1)(c), (2)(d), and (3)(b) amended,(SB 21-271), ch. 462, p. 3267, § 576, effective March 1, 2022.    Editor's note:    This section is similar to former § 33-31-109 as it existed prior to 1984.    Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.     Cross references:   For the short title (“Respect the Great Outdoors Act”) and the legislative declaration in HB 19-1026, see sections 1 and 2 of chapter 423, Session Laws of Colorado 2019.   ANNOTATION   Negligence per se. This section was used as the basis for a negligence per se jury instruction. Russo v. Birrenkott, 770 P.2d 1335 (Colo. App. 1988).