2023 Colorado Revised Statutes › Title 33 - PARKS AND WILDLIFE (§§ 33-1-101 — 33-61-107) › PARKS (§§ 33-10-101 — 33-15-114) › Article 10.5 - AQUATIC NUISANCE SPECIES (§§ 33-10.5-101 — 33-10-118) › Section 33-10.5-104 - Inspection of conveyances - impoundment and quarantine - reimbursement - rules

(1)
(a)
Every qualified peace officer is authorized to enforce this article; except that such officer shall have a reasonable belief that a conveyance may contain an aquatic nuisance species before the officer orders the conveyance decontaminated or impounded and quarantined.
(b)
Every qualified peace officer is authorized to stop and inspect for the presence of aquatic nuisance species a conveyance:
(I)
(A)
Prior to a vessel being launched onto waters of the state;
(B)
Prior to departing from the waters of the state or a vessel staging area;
(C)
That is visibly transporting any aquatic plant material; and
(D)
Upon a reasonable belief that an aquatic nuisance species may be present; or
(II)
That has encountered an aquatic nuisance species check station.
(2)
Except as provided in subsection (4) of this section, a qualified peace officer may impound and quarantine a conveyance if:
(a)
The qualified peace officer finds or reasonably believes that an aquatic nuisance species may be present after conducting an inspection authorized by this article;
(b)
The person transporting the conveyance refuses to submit to an inspection authorized by this article for the presence of an aquatic nuisance species; or
(c)
The person transporting the conveyance refuses to comply with an order authorized by this article to decontaminate the conveyance.
(3)
The impoundment and quarantine of a conveyance may continue for the reasonable period necessary to inspect and decontaminate the conveyance and ensure that the aquatic nuisance species has been completely removed from the conveyance and is no longer living.
(4)
Notwithstanding any provision to the contrary, no motor vehicle that is drawing a conveyance shall be impounded or quarantined pursuant to this article; however, the conveyance being drawn is still subject to impoundment and quarantine under this section.
(5)
An authorized agent shall have the authority to stop, detain, and inspect a conveyance for the presence of an aquatic nuisance species; however, unless the authorized agent is a qualified peace officer, the authorized agent has no authority to impound and quarantine or order a conveyance decontaminated.
(6)
(a)
When a conveyance that has been impounded and quarantined pursuant to this section is decontaminated, the division may charge the owner of the conveyance the cost incurred by the division or its contractor in storing and decontaminating the conveyance.
(b)
The charge imposed pursuant to subsection (6)(a) of this section shall be transmitted to the state treasurer, who shall credit the amounts to the division of parks and wildlife aquatic nuisance species fund, created in section
33-10.5-108
.
Amended by 2021 Ch. 163,§2, eff. 9/7/2021.
Amended by 2018 Ch. 137,§5, eff. 8/8/2018.
L. 2008: Entire article added, p. 1585, § 1, effective May 29. L. 2018: (3) amended and (6) added, (HB 18-1008), ch. 897, p. 897, § 5, effective August 8. L. 2021: (1)(b) amended, (HB 21-1226), ch. 920, p. 920, § 2, effective September 7.
Section 4(2) of chapter 163 (HB 21-1226), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after September 7, 2021.
2021 Ch. 163, was passed without a safety clause. See Colo. Const. art. V, § 1(3).