reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-104 - Action to abate

Whenever there is reason to believe that a nuisance exists, as defined in section
25-12-103
, any county or resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nuisance exists from directly or indirectly maintaining or permitting such nuisance. Notwithstanding any other provision of this section, a county shall not maintain an action pursuant to this section if the alleged nuisance involves a mining operation or the development, extraction, or transportation of construction materials, as those terms are defined in section
34-32.5-103
, C.R.S., a commercial activity, the commercial use of property, avalanche control activities, a farming or ranching activity, an activity of a utility, or a mining or oil and gas operation. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is reasonably necessary for the defendant to come into compliance with the provisions of this article.
L. 71: p. 649, § 1. C.R.S. 1963: § 66-35-4. L. 2008: Entire section amended, p. 57, § 1, effective August 5.
For injunctions, see C.R.C.P. 65.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-105 - Violation of injunction - penalty

Any violation or disobedience of any injunction or order expressly provided for by section
25-12-104
shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court.
L. 71: p. 650, § 1. C.R.S. 1963: § 66-35-5.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-106 - Noise restrictions - sale of new vehicles

(1)
Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue:
(a)
Any motorcycle manufactured on or after July 1, 1971, and before January 1,
197388 db(A);
(b)
Any motorcycle manufactured on or after January 1, 197386 db(A);
(c)
Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after July 1, 1971, and before January 1, 197388 db(A);
(d)
Any motor vehicle with a gross vehicle weight rating of six thousand pounds or more manufactured on or after January 1, 197386 db(A);
(e)
Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 197386 db(A);
(f)
Any other motor vehicle manufactured after January 1, 197384 db(A).
(g)
(Deleted by amendment, L. 2008, p. 2102, § 2, effective July 1, 2010.)
(2)
Test procedures for compliance with this section shall be established by the department, taking into consideration the test procedures of the society of automotive engineers.
(3)
Any person selling or offering for sale a motor vehicle or other vehicle in violation of this section commits a civil infraction.
Amended by 2021 Ch. 462, § 470, eff. 3/1/2022.
L. 71: p. 650, § 1. C.R.S. 1963: § 66-35-6. L. 2008: IP(1) and (1)(g) amended, p. 2102, § 2, effective 7/1/2010. L. 2009: (1)(a) and (1)(b) amended, (HB 09-1026), ch. 281, p. 1259, § 20, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 3238, p. 3238, § 470, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-107 - Powers of local authorities

(1)
Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics established by the American national standards institute, publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified in this section:
Speed limit of 35 mphor lesst
Speed limit of more than 35 mph but less than 55 mph
(a) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a low-power scooter:
(I) Before January 1, 1973
88 db(A)
90 db(A)
(II) On and after January 1, 1973
86 db(A)
90 db(A)
(b) (Deleted by amendment, L. 2008, p. 2102, § 3, effective July 1, 2010.)
(2)
The governing board shall adopt resolutions establishing any test procedures deemed necessary.
(3)
This section applies to the total noise from a vehicle or combination of vehicles.
(4)
For the purpose of this section, a truck, truck tractor, or bus that is not equipped with an identification plate or marking bearing the manufacturer's name and manufacturer's gross vehicle weight rating shall be considered as having a manufacturer's gross vehicle weight rating of six thousand pounds or more if the unladen weight is more than five thousand pounds.
L. 71: p. 651, § 1. C.R.S. 1963: § 66-35-7. L. 73: p. 1406, § 48. L. 2008: IP(1) and (1)(b) amended, p. 2102, § 3, effective 7/1/2010. L. 2009: IP(1)(a) amended, (HB 09 -1026), ch. 281, p. 1259, § 21, effective October 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 12 - NOISE ABATEMENT (§§ 25-12-101 — 25-12-110) › Section 25-12-108 - Preemption

Except as provided in sections
25-12-103 (12)
and
25-12-110
, this article shall not be construed to preempt or limit the authority of any municipality or county to adopt standards that are no less restrictive than the provisions of this article.
L. 71: p. 651, § 1. C.R.S. 1963: § 66-35-8. L. 88: Entire section amended, p. 1116, § 2, effective May 19. L. 2008: Entire section amended, p. 2103, § 4, effective 7/1/2010.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-101 - Short title

This article shall be known and may be cited as the "Recreation Land Preservation Act of 1971".
L. 71: p. 643, § 1. C.R.S. 1963: § 66-34-1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-102 - Legislative declaration

The purpose of this article is to establish minimum controls to prohibit the pollution of the air, water, and land, to prevent the degradation of the natural environment of recreational and mountain areas in this state in order to preserve and maintain the ecology and environment in its natural condition, to facilitate the enjoyment of the state and its ecology, nature, and scenery by the inhabitants and visitors of the state, and to protect their health, safety, and welfare.
L. 71: p. 643, § 1. C.R.S. 1963: § 66-34-2.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-103 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Board" means the state board of health.
(2)
"Campsite" means any specific area within organized campgrounds or other recreation areas which is used for overnight stays by an individual, a single camping family, a group, or any other similar entity.
(3)
"Department" means the department of public health and environment.
(4)
"Operator" means the person responsible for managing the organized campground or recreation area.
(5)
"Organized campgrounds" means all federal, state, municipal, and county owned and designated roadside parks and campgrounds and privately owned campgrounds which are made available, either with or without a fee, to the public.
(6)
"Person" means any private or public institution, corporation, individual, partnership, firm, association, or other entity.
(7)
"Public accommodation facilities" means all motels, hotels, dude ranches, youth camps, and other similar facilities rented out to the public in areas used predominantly for recreation.
(8)
"Recreation areas" means all public lands and surface waters of the state, other than organized campgrounds, used for picnicking, camping, and other recreational activities.
(9)
"Refuse" means all combustible or noncombustible solid waste, garbage, rubbish, debris, and litter.
(10)
"Sewage" means any liquid or solid waste material which contains human excreta.
(11)
"Surface of ground" means any portion of the ground from the surface to a depth of six inches.
(12)
"Waters of the state" means all streams, lakes, rivers, ponds, wells, impounding reservoirs, watercourses, springs, drainage systems, and irrigation systems; all sources of water such as snow, ice, and glaciers; and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, located wholly or partly within or bordering upon this state and within the jurisdiction of this state.
L. 71: p. 643, § 1. C.R.S. 1963: § 66-34-3. L. 94: (3) amended, p. 2792, § 529, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-104 - Administration

(1)
Except as provided in section
25-13-111
, the department shall administer the provisions of this article.
(2)
The board shall promulgate reasonable rules and regulations to carry out the purposes of this article.
(3)
The department shall furnish consulting services to county commissioners, municipalities, other governmental agencies, and private landowners regarding toilet facilities and procedures for refuse collection and disposal.
L. 71: p. 644, § 1. C.R.S. 1963: § 66-34-4.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-105 - Unlawful acts

(1)
Except as otherwise provided in this article, it is unlawful for any person:
(a)
Within the recreation areas of the state to discharge untreated sewage upon the surface of the ground or in any waters of the state;
(b)
To deposit or bury refuse on the public lands or waters within this state, except within areas or receptacles designated by the operator for this purpose;
(c)
To deposit refuse on private or public land in such a way that said refuse may be blown, carried, or otherwise transported from its point of deposit;
(d)
To willfully mar, mutilate, deface, disfigure, or injure beyond normal use any rocks, trees, shrubbery, wild flowers, or other features of the natural environment in recreation areas of the state;
(e)
To willfully cut down, uproot, break, or otherwise destroy any living trees, shrubbery, wild flowers, or natural flora in recreation areas of the state;
(f)
To build fires unless in compliance with rules and regulations of the board, to abandon or to leave fires unattended, or to store flammable liquids in a container which is not of a type approved by the department in an organized campground or other recreation area subject to this article;
(g)
In organized campgrounds or recreation areas to use any cleansing agents, whether organic or inorganic in nature, in waters of the state for any purpose, including but not limited to bathing, clothes washing, and similar activities, or to dispose of any water containing such agents on the surface of the ground within fifty feet of any waters of the state. Such water shall be disposed of in facilities provided by the operator or in the manner specified by the operator.
L. 71: p. 644, § 1. C.R.S. 1963: § 66-34-5.
For leaving campfires unextinguished and causing a fire in woods or prairie, see § 18-13-109; for civil damages from fire set in woods or prairie, see § 13-21-105.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-106 - Sewage disposal

(1)
In organized campgrounds, all sewage shall be disposed of in facilities provided by the campground operator. The operator shall maintain such facilities in the manner prescribed by rules and regulations of the board.
(2)
Sewage in recreation areas may be disposed of by burial at a depth greater than six inches at a distance of more than one hundred feet from any surface waters. Adequate precautions shall be taken to prevent the intrusion of such sewage and wastewater upon the environment in a manner which is unhealthful, injurious to the environment, or otherwise degrading to the environment.
(3)
Public accommodation sewage and wastewater disposal facilities shall conform to such reasonable rules and regulations as may be promulgated by the board.
L. 71: p. 645, § 1. C.R.S. 1963: § 66-34-6.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-107 - Refuse disposal

(1)
All persons shall dispose of refuse in containers which shall be provided for that purpose by operators of organized campgrounds. Organized campground operators shall keep the grounds free of uncontained refuse and shall provide a sufficient number of secure waterproof containers, preferably metal, with flyproof tops for the disposal of refuse. The containers shall be emptied as often as necessary to maintain the organized campground free of uncontained refuse. The presence of uncontained refuse in excess of the capacity of the containers provided shall be prima facie proof that the numbers of containers or frequency of container emptying is inadequate and that the operator is in violation of this subsection (1).
(2)
Whenever containers for refuse are filled or are not available in campgrounds or recreation areas, all persons shall dispose of refuse in compliance with rules and regulations adopted by the board or operator or remove the refuse from the area for disposal in a manner not in violation of this article.
(3)
Refuse in public accommodation facilities shall be disposed in the manner specified in such reasonable rules and regulations as may be promulgated by the board.
(4)
Food wastes normally edible to human beings may be deposited on the surface of the ground if the quantity of such wastes does not result in an unhealthful or unpleasant aesthetic appearance by virtue of an unreasonable time required for decay of the waste or consumption of the waste by fauna of the area.
L. 71: p. 645, § 1. C.R.S. 1963: § 66-34-7.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-108 - Water supplies

All water supplied to the public in an organized campground shall conform to the requirements of standards adopted by the board, rules and regulations adopted by the board, or any higher local standards.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-8.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-109 - Group gatherings

Any group of twenty-five or more persons assembled for a meeting, festival, social gathering, or other similar purpose in an organized campground or recreation area for a period which reasonably could have been anticipated to exceed ten hours shall make provision for sewage, wastewater, and refuse disposal in accordance with rules and regulations of the board. The organizers of and performers at any gathering in violation of this section shall be punished as provided in section
25-13-114
.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-9.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-110 - Camping duration

No person may camp in a campsite within recreation areas for a period exceeding two weeks. Any campsite may be closed by the department or other lawful authority for an indefinite period to permit recovery of the campsite to its natural state following excessive use and resulting environmental deterioration.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-10.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-111 - Enforcement

This article shall be enforced by the department, the division of parks and wildlife, all county, district, and municipal public health agencies and boards of health, and any peace officer in this state.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-11. L. 2010: Entire section amended, (HB 10-1422), ch. 419, p. 2105, §123, effective August 11.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-112 - Citizen's complaint

Any person may initiate an action under the provisions of this article by signing a complaint, in accordance with the applicable rules of judicial procedure, that he has observed a violation of this article.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-14.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-113 - Construction

No provisions of this article shall be construed to repeal or in any way invalidate more stringent actions, orders, rules, regulations, ordinances, resolutions, or quality standards established by any governmental entity or agency.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-13.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 13 - RECREATION LAND PRESERVATION (§§ 25-13-101 — 25-13-114) › Section 25-13-114 - Penalty for violation

Any person who violates any of the provisions of this article 13 commits a civil infraction.
Amended by 2021 Ch. 462, § 472, eff. 3/1/2022.
L. 71: p. 646, § 1. C.R.S. 1963: § 66-34-14. L. 2021: Entire section amended, (SB 21-271), ch. 3239, p. 3239, § 472, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-101 - [Repealed]

L. 77: Entire article added, p. 1298, § 1, effective July 1. L. 2006: Entire section repealed, p. 60, § 2, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-102 - [Repealed]

L. 77: Entire article added, p. 1298, § 1, effective July 1. L. 91: (1) amended, p. 821, § 6, effective June 1. L. 2006: Entire section repealed, p. 60, § 3, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-103 - [Repealed]

L. 77: Entire article added, p. 1299, § 1, effective July 1. L. 94: (1)(f) repealed, p. 676, § 2, effective April 19; (1)(c) amended, p. 1957, § 2, effective August 1. L. 2003: (1)(b)(IV) amended, p. 711, § 45, effective July 1. L. 2006: Entire section repealed, p. 60, § 4, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-103.7 - [Repealed]

L. 94: Entire section added, p. 1958, § 3, effective August 1. L. 2006: Entire section repealed, p. 62, § 5, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-104 - [Repealed]

L. 77: Entire article added, p. 1300, § 1, effective July 1. L. 2006: Entire section repealed, p. 62, § 6, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 1 - PROHIBITION AGAINST THE USE OF TOBACCO ON SCHOOL PROPERTY (§§ 25-14-101 — 25-14-105) › Section 25-14-105 - [Repealed]

L. 77: Entire article added, p. 1300, § 1, effective July 1. L. 2006: Entire section repealed, p. 62, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-201 - Short title

This part 2 shall be known and may be cited as the "Colorado Clean Indoor Air Act".
L. 2006: Entire part added, p. 53, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-202 - Legislative declaration

(1)
The general assembly hereby finds and determines that:
(a)
It is in the best interest of the people of this state to protect the public from involuntary exposure to emissions from secondhand smoke and electronic smoking devices (ESD) in most indoor areas open to the public, in public meetings, in food service establishments, and in places of employment; and
(b)
ESD emissions consist of ultrafine particles that are significantly more highly concentrated than particles within conventional tobacco smoke. There is conclusive evidence that most ESDs contain and emit not only nicotine but also many other potentially toxic substances and that ESDs increase airborne concentrations of particulate matter and nicotine in indoor environments. In addition, studies show that people exposed to ESD emissions absorb nicotine at levels comparable to the levels experienced by passive smokers. Many of the elements identified in ESD emissions are known to cause respiratory distress and disease, and ESD exposure damages lung tissues. For example, human lung cells that are exposed to ESD aerosol and flavorings show increased oxidative stress and inflammatory responses.
(2)
Therefore, the general assembly hereby declares that the purpose of this part 2 is to preserve and improve the health, comfort, and environment of the people of this state by protecting the right of people to breathe clean, smoke-free air. Nothing in this part 2 is intended to inhibit a person's ability to take medicine using an inhaler or similar device, nor to prevent an employer or business owner from making reasonable accommodation for the medical needs of an employee, customer, or other person in accordance with the federal "Americans With Disabilities Act of 1990", as amended,
42 U.S.C. sec. 12101
et seq.
Amended by 2019 Ch. 337,§ 1, eff. 7/1/2019.
Amended by 2013 Ch. 332,§ 12, eff. 5/28/2013.
L. 2006: Entire part added, p. 53, § 1, effective July 1. L. 2013: Entire section amended, (SB 13-283), ch. 1894, p. 1894, § 12, effective May 28. L. 2019: Entire section amended, (HB 19-1076), ch. 3092, p. 3092, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-205 - Exceptions to smoking restrictions

(1)
This part 2 does not apply to:
(a)
Private homes, private residences, and private automobiles; except that this part 2 shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health-care or day care transportation;
(b)
Limousines under private hire;
(c)
Repealed.
(d)
Any retail tobacco business; except that the requirements in section
25-14-204 (3)
and any related penalties apply to a retail tobacco business;
(e)
A cigar-tobacco bar;
(f)
Repealed.
(g)
The outdoor area of any business;
(h)
Repealed.
(i)
A private, nonresidential building on a farm or ranch, as defined in section
39-1-102
, that has annual gross income of less than five hundred thousand dollars; or
(j) and (k)
Repealed.
(l)
If authorized by local ordinance, license, or regulation, the licensed premises of a marijuana hospitality business licensed pursuant to section
44-10-609
or a retail marijuana hospitality and sales business licensed pursuant to section
44-10-610
; except that this exception only applies to the smoking of marijuana and does not allow the smoking of tobacco within such premises.
Amended by 2019 Ch. 340,§ 24, eff. 1/1/2020.
Amended by 2019 Ch. 340,§ 10, eff. 8/2/2019.
Amended by 2019 Ch. 337, § 4, eff. 7/1/2019.
L. 2006: Entire part added, p. 58, § 1, effective July 1. L. 2007: (1)(k) added, p. 398, § 2, effective August 3; (1)(j) repealed, p. 1751, § 1, effective 1/1/2008. L. 2019: IP(1), (1)(d), (1)(g), and (1)(i) amended and (1)(c), (1)(f), (1)(h), and (1)(k) repealed, (HB 19-1076), ch. 3095, p. 3095, § 4, effective July 1; IP(1), (1)(i), and (1)(k)(I)(C) amended and (1)(l) added, (HB 19-1230), ch. 3116, p. 3116, § 10, effective August 2; (1)(l) amended, (HB 19-1230), ch. 3127, p. 3127, § 24, effective 1/1/2020.
Subsection (1)(k)(I)(C) was amended in HB 19-1230, effective August 2, 2019. However, those amendments were superseded by the repeal of subsection (1)(k) in HB 19-1076, effective July 1, 2019.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-206 - Optional prohibitions

(1)
The owner or manager of any place otherwise exempted under section
25-14-205
may post signs prohibiting smoking. Such posting shall have the effect of including such place in the places where smoking is prohibited or restricted pursuant to this part 2.
(2)
Repealed.
Amended by 2019 Ch. 337,§ 5, eff. 7/1/2019.
L. 2006: Entire part added, p. 58, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-207 - Other applicable regulations of smoking - local counterpart regulations authorized

(1)
This part 2 shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law.
(2)
(a)
(I)
A local authority may, pursuant to article
16
of title
31
, a municipal home rule charter, or article
15
of title
30
, enact, adopt, and enforce smoking regulations that cover the same subject matter as the various provisions of this part 2; except that, unless otherwise authorized under subsection (2)(a)(II)(B) or (2)(a)(II)(C) of this section, a local authority may not adopt a local regulation of smoking that is less stringent than the provisions of this part 2.
(II)
(A)
A local authority is specifically authorized to specify a radius of more than twenty-five feet for the area included within an entryway.
(B)
A local regulation that was adopted by a local authority before January 1, 2019, and that specifies a radius of less than twenty-five feet for the area included within an entryway remains valid and must be given effect after July 1, 2019.
(C)
If a person owns or leases business premises that were under construction or renovation on July 1, 2019, and that complied with a local regulation of smoking that specified a radius of less than twenty-five feet for the area included within an entryway, and, as of July 1, 2019, has applied for or received from the municipality, city and county, or county in which the premises are located, a certificate of occupancy for the structure to be used for the business premises, the person is deemed in compliance with all local regulations specifying the radius of the area included within an entryway.
(b)
The municipal courts or their equivalent in any city, city and county, or town have jurisdiction over violations of smoking regulations enacted by any city, city and county, or town under this section.
Amended by 2019 Ch. 337,§ 6, eff. 7/1/2019.
L. 2006: Entire part added, p. 59, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-208 - Unlawful acts - penalty - disposition of fines and surcharges

(1)
It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this part 2 to violate any provision of this part 2.
(2)
It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this part 2.
(3)
Except as otherwise provided in section
25-14-208.5
, a person who violates this part 2 is guilty of a petty offense. Each day of a continuing violation shall be deemed a separate violation.
(4)
All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this part 2 shall transmit all such moneys so collected in the following manner:
(a)
Seventy-five percent of any such fine for a violation occurring within the corporate limits of a city, town, or city and county shall be transmitted to the treasurer or chief financial officer of said city, town, or city and county, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
(b)
Seventy-five percent of any fine for a violation occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
Amended by 2021 Ch. 462, § 473, eff. 3/1/2022.
Amended by 2019 Ch. 337, § 7, eff. 7/1/2019.
L. 2006: Entire part added, p. 59, § 1, effective July 1. L. 2019: (3) amended, (HB 19-1076), ch. 337, p. 3097, § 7, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 3239, p. 3239, § 473, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-208.5 - Violations relating to signage and admission of persons under twenty-one years of age - limitation on fines

(1)
For a violation of section
25-14-204(2) or (3)
, the penalty shall be as follows:
(a)
A written warning for a first violation committed within a twenty-four-month period; and
(b)
Fines as specified in section
25-14-208(3)
for a second or subsequent violation within a twenty-four-month period.
(2)
Notwithstanding subsection (1) of this section, a fine for a violation of section
25-14-204(2) or (3)
shall not be imposed upon a retailer that can establish as an affirmative defense that, prior to the date of the violation, the retailer:
(a)
Had adopted and enforced a written policy against allowing persons under twenty-one years of age to enter the premises;
(b)
Had informed the retailer's employees of the applicable laws regarding the prohibition against persons under twenty-one years of age entering or remaining in areas where smoking is permitted;
(c)
Required employees to verify the age of persons on the premises by way of photographic identification; and
(d)
Had established and imposed disciplinary sanctions for noncompliance.
(3)
The affirmative defense established in subsection (2) of this section may be used only twice at each location within any twenty-four-month period.
Amended by 2020 Ch. 302,§ 3, eff. 7/14/2020.
Added by 2019 Ch. 337,§ 8, eff. 7/1/2019.
L. 2019: Entire section added, (HB 19-1076), ch. 3097, p. 3097, § 8, effective July 1. L. 2020: IP(2), (2)(a), and (2)(b) amended, (HB 20-1001), ch. 1504, p. 1504, § 3, effective July 14.
Section 19 of chapter 302 (HB 20-1001), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after July 14, 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 2 - COLORADO CLEAN INDOOR AIR ACT (§§ 25-14-201 — 25-14-209) › Section 25-14-209 - Severability

If any provision of this part 2 or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part 2 that can be given effect without the invalid provision or application, and to this end the provisions of this part 2 are declared to be severable.
L. 2006: Entire part added, p. 60, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 14 - CONTROL OF SMOKING (§§ 25-14-101 — 25-14-301) › Part 3 - TOBACCO USE BY MINORS (§ 25-14-301) › Section 25-14-301 - Sale of cigarettes, tobacco products, or nicotine products to persons under twenty-one years of age prohibited - definitions

(1)
This section shall be known and may be cited as the "Teen Tobacco Use Prevention Act".
(2)
(a)
The sale of a cigarette or tobacco product to a person who is under twenty-one years of age is prohibited.
(b)
(Deleted by amendment, L. 2020.)
(3)
As used in this section, unless the context otherwise requires:
(a)
"Cigarette" shall have the same meaning as set forth in section
39-28-202(4)
, C.R.S.
(b)
Repealed.
(c)
"Tobacco product" has the same meaning as "cigarette, tobacco product, or nicotine product", as defined in section
18-13-121(5)
.
(4)
(a)
Nothing in this section prohibits a statutory or home rule municipality, county, or city and county from enacting an ordinance or resolution that prohibits the sale of cigarettes, tobacco products, or nicotine products to a person under twenty-one years of age or imposes requirements more stringent than provided in this section.
(b)
A statutory or home rule municipality, county, or city and county shall not enact an ordinance or resolution that establishes a minimum age to purchase cigarettes, tobacco products, or nicotine products that is under twenty-one years of age.
(5)
A violation of paragraph (a) of subsection (2) of this section is a noncriminal offense.
Amended by 2020 Ch. 302,§ 4, eff. 7/14/2020.
Amended by 2019 Ch. 53,§ 2, eff. 7/1/2019.
L. 2008: Entire part added, p. 887, § 2, effective July 1.
Section 19 of chapter 302 (HB 20-1001), Session Laws of Colorado 2020, provides that the act changing this section applies to offenses committed on or after July 14, 2020.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 1 - GENERAL PROVISIONS (§§ 25-15-101 — 25-15-104) › Section 25-15-102 - Effective dates

(1)
Parts 1 and 2 of this article shall take effect July 1, 1981.
(2)
Section
25-15-302
shall take effect January 1, 1982.
(3)
Part 3 of this article, except section
25-15-302
, shall take effect November 2, 1984.
L. 81: Entire article R&RE, p. 1346, § 1, effective July 1. L. 92: (3) amended, p. 1258, § 16, effective August 1.
Subsection (3), as enacted by Senate Bill 81-519, provided that the effective date of part 3 was July 1, 1983, or the date upon which the department of health received final federal authorization to conduct the state hazardous waste program in lieu of the entire federal program under section 3006 of the federal act, whichever was later. The authorization was received on November 2, 1984. Subsection (3) was changed on revision to reflect this date.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 1 - GENERAL PROVISIONS (§§ 25-15-101 — 25-15-104) › Section 25-15-103 - Technical assistance

The department may upon request provide technical advice to hazardous waste generators, to owners or operators of treatment plants, storage facilities, or disposal sites, and to counties and municipalities in which such facilities may be located in order to assure that appropriate measures are taken to protect the public health, safety, and welfare and the environment. The department may charge its actual costs of providing compliance assistance; except that, for company-specific compliance assistance, the department shall not charge fees for the first two hours in any given fiscal year.
L. 81: Entire article R&RE, p. 1346, § 1, effective July 1. L. 2000: Entire section amended, p. 1066, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 1 - GENERAL PROVISIONS (§§ 25-15-101 — 25-15-104) › Section 25-15-104 - Disposal service

In order to encourage proper disposal of small quantities of hazardous wastes by individuals and local governmental agencies when such wastes cannot be reasonably handled by commercial services, the department may receive such hazardous wastes from such individuals or local governmental agencies and arrange for their proper detoxification, storage, reuse, or disposal. The department may impose a reasonable fee for such services to recover the actual costs thereof.
L. 81: Entire article R&RE, p. 1346, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-200.1 - Short title

This part 2 shall be known and may be cited as the "State Hazardous Waste Siting Act".
L. 83: Entire section added, p. 1089, § 3, effective June 3.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-200.2 - Legislative declaration

(1)
The general assembly hereby finds that adverse public health and environmental impacts can result from the improper land disposal of hazardous waste and that the need for establishing safe sites with adequate capacity for the disposal of hazardous waste is a matter of statewide concern, and the provisions of this part 2 are therefore enacted to provide an effective method of establishing such sites.
(2)
It is the intent of the general assembly that generators of hazardous waste be encouraged to use on-site and off-site alternative treatment methods to reduce the amount of hazardous waste that must be discharged into the environment and the associated hazards to the health and welfare of the citizens of this state. Alternative management technologies which detoxify, stabilize, and reduce the amount of hazardous waste that must be buried are available. For such purpose, the provisions of this part 2 are enacted to allow the development of safe alternative methods for the treatment of hazardous waste and to provide a means for the designation of hazardous waste disposal sites when such methods are unable to obviate the need for hazardous waste disposal on land. Whereas the state of Colorado may be responsible for the perpetual care of hazardous waste land disposal facilities, alternative technologies such as incineration, resource recovery, or physical, chemical, or biological degradation should be implemented to the maximum extent possible.
L. 83: Entire section added, p. 1089, § 3, effective June 3.
2023 Colorado Revised Statutes › Title 25 - PUBLIC HEALTH AND ENVIRONMENT (§§ 25-1-101 — 25-59-106) › ENVIRONMENTAL CONTROL (§§ 25-6.5-101 — 25-18.9-105) › Article 15 - HAZARDOUS WASTE (§§ 25-15-101 — 25-15-605) › Part 2 - HAZARDOUS WASTE DISPOSAL SITES (§§ 25-15-200.1 — 25-15-220) › Section 25-15-200.3 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
Repealed.
(2)
"Existing hazardous waste disposal site" means a hazardous waste disposal site which is in active operation prior to July 1, 1981.
(3)
"Governmental unit" means the state of Colorado, every county, city and county, municipality, school district, special district, and authority located in this state, every public body corporate created or established under the constitution or any law of this state, and every board, commission, department, institution, or agency of any of the foregoing or of the United States.
(4)
(a)
"Hazardous waste disposal" means any final action to abandon, deposit, inter, or otherwise discard hazardous waste after its use has been achieved or a use is no longer intended or any discharging of hazardous waste into the environment.
(b)
The term includes the off-site surface impoundment of hazardous waste such as a holding, storage, settling, or aeration pit, pond, or lagoon, except as provided in paragraph (c) of this subsection (4) or section
25-15-201(4)
.
(c)
The term does not include:
(I)
(A)
Recycling, reclaiming, incineration, processing, or other treatment of hazardous waste.
(B)
For the purposes of this subparagraph (I), the surface impoundment which is part of a sewage treatment works or feedlot operation shall be considered as treatment and not disposal.
(C)
Any recycling, reclaiming, incineration, processing, or treatment facility shall be subject to all local land use regulations.
(II)
The beneficial use, including use for fertilizer, soil conditioner, fuel, or livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department.
(5)
"Hazardous waste disposal site" means all contiguous land, including publicly-owned land, under common ownership which is used for hazardous waste disposal; except that such term shall not include any site which is in compliance with an approved reclamation plan contained in a permit issued pursuant to article
32
of title
34
, C.R.S., or article
33
of title
34
, C.R.S.
(6)
"Publicly owned land" means any land owned by the federal government or any agency thereof or land owned by the state or any agency or political subdivision thereof.
L. 83: Entire section added, p. 1089, § 3, effective June 3. L. 91: (1) repealed, p. 855, § 8, effective June 5. L. 92: (5) amended, p. 1258, § 17, effective August 1.