Law Enforcement and Penalties - Parks and Outdoor Recreation

C.R.S. tit. 33, art. 15
in effect

C.R.S. § 33-15-101 Powers of officers

33-15-101. Powers of officers. (1) Every peace officer, as defined in section 33-10-102 (17), has the authority to enforce this article and shall assist parks and recreation officers in the enforcement of articles 10 to 15 and 32 of this title and the rules of the commission adopted pursuant thereto. Each such officer has the full power and authority to arrest any person who such officer has probable cause to believe is guilty of a violation of articles 10 to 15 or 32 of this title or any rule adopted pursuant thereto, and, in accordance with the constitutions and laws of the United States and the state of Colorado, to open, enter, and search all places of concealment including motor vehicles and vessels and all other places as provided by law where such officer has probable cause to believe evidence relating to a violation of this title is to be found and to seize the same. (2) When the public health, safety, welfare, or necessity requires, any officer having the power to enforce the provisions of articles 10 to 15 and 32 of this title 33 shall have the authority to make use of any motor vehicle or other means of transportation, whether privately or publicly owned, to aid such officer in the performance of such officer's duties. In such a case, payment of reasonable compensation shall be made for the use of such motor vehicle or other means of transportation. Any person who refuses to comply with the provisions of this subsection (2) commits a civil infraction and, upon conviction thereof, shall be punished by a fine of fifty dollars.

C.R.S. § 33-15-102 Imposition of penalty - procedures

33-15-102. Imposition of penalty - procedures. (1) A person commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars for a violation of any of the following for which there is not an associated statutory penalty listed: (a) Any provision of articles 10 to 15 or article 32 of this title 33; or (b) A rule of the commission promulgated pursuant to one or more of the articles specified in subsection (1)(a) of this section. (2) At the time that any person is charged with violating any petty offense or misdemeanor provisions of articles 10 to 15 or 32 of this title or any rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment. Penalty assessments shall not be issued for violations for which minimum and maximum fines have been established. The penalty assessment notice given to the alleged offender shall contain the information required in and be in the form of a summons and complaint and shall specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharge to be collected pursuant to section 24-33.5-415.6, C.R.S. If the alleged offender accepts such notice and pays the fine and surcharge entered thereon to the division within twenty days of issuance of the notice, such acceptance and payment shall constitute an acknowledgment of guilt by such person of the violation set forth in the penalty assessment notice. Any person who accepts a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine and surcharge may be taken by the officer to the nearest known post-office facility and be required to remit the amount of the specified fine and surcharge to the division immediately by mail in United States currency or other legal tender or by money order or personal check. Refusal or inability to remit the specified fine and surcharge by mail when required shall constitute a refusal to accept a penalty assessment notice. Checks tendered by the violator to and accepted by the division and on which payment is received by the division shall be deemed sufficient receipt. If the fine and surcharge are not so paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges therein contained at such time and place as is specified in the summons and complaint.

C.R.S. § 33-15-103 Disposition of fines - notice of court decisions

33-15-103. Disposition of fines - notice of court decisions. (1) Except as provided in section 33-10.5-105 (2)(b) and (3)(c), all money collected for fines under this article 15 and articles 10 to 13 and 32 of this title 33, either by payment of a penalty assessment or assessed by a court upon conviction, shall be transmitted to the state treasurer, who shall credit the money as follows: (a) If a division of parks and wildlife officer makes the arrest or issues the citation underlying the fine, the state treasurer shall credit all of the money to the parks and outdoor recreation cash fund; or (b) If a peace officer other than a division of parks and wildlife officer makes the arrest or issues the citation underlying the fine, the state treasurer shall credit one-half of the money to the parks and outdoor recreation cash fund and: (I) If the peace officer is employed by a local jurisdiction, one-half to the treasurer of the local jurisdiction in which the violation occurred, to be credited to the appropriate fund; or (II) If the peace officer is employed by another state agency, one-half to the fund administered by the state agency, as designated by the state agency. (2) The provisions of the "Colorado Crime Victim Compensation Act", article 4.1 of title 24, C.R.S., shall not apply to articles 10 to 15 or 32 of this title, and the costs imposed by said act shall not be levied on criminal actions for violations of articles 10 to 15 or 32 of this title. (3) It is the duty of every clerk of a court before whom prosecutions and appeals of violators of articles 10 to 15 and 32 of this title are heard, within twenty days after any such trial, appeal, or dismissal thereof, to notify the division in writing of the result thereof and the amount of fine collected, if any, and the disposition of such fine. (4) No fine, penalty, or judgment assessed or rendered under the provisions of articles 10 to 15 or 32 of this title shall be suspended, reduced, or remitted otherwise than as expressly provided by law.

C.R.S. § 33-15-104 Items constituting public nuisance - when - seizure

33-15-104. Items constituting public nuisance - when - seizure. (1) Every motor vehicle, vessel, firearm, or other personal property used or intended for use in recreational pursuits in violation of the provisions of articles 10 to 15 of this title is declared to be a public nuisance. Every such item shall be subject to seizure, confiscation, and forfeiture or destruction as provided in this section, unless the possession of said property is not unlawful and the owner of said property was not a party to the violation and would suffer undue hardship by the sale, confiscation, or destruction of the property. (2) Any personal property subject to seizure, confiscation, and forfeiture or destruction under the provisions of this section, which is seized as a part of or incident to a criminal proceeding for violation of the provisions of articles 10 to 15 of this title and for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section. (3) Any personal property, the possession of which is illegal and which in the opinion of the court having jurisdiction over the criminal proceeding is not properly the subject of sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding. (4) Except as otherwise provided in this section, the court may order any personal property sold by the division in the manner provided for sales on execution. The proceeds of the sale shall be applied as follows: (a) To the fees and costs of removal and sale; (b) To the payment of the state's costs on such action; and (c) The balance, if any, or any portion thereof not otherwise distributed pursuant to this paragraph (c), to the parks and outdoor recreation cash fund. Instead of being deposited in the parks and outdoor recreation cash fund, the court may order that such balance or any portion thereof be transmitted as follows: (I) To the seizing agency, if the court finds that the proceeds can be used by such agency; (II) To any person who suffers bodily injury or property damage as a result of the action which constitutes the violation, if said person petitions the court therefor. (5) In lieu of ordering the sale or destruction of personal property pursuant to this section, the court may, if it finds that it can be used by the agency which seized it, order it delivered to the agency for such use.

C.R.S. § 33-15-105 Eluding

33-15-105. Eluding. It is unlawful for any person to elude or attempt to elude by any means a parks and recreation officer or other commissioned officer of the division after having received a visual or audible signal such as a red or red and blue light, a siren, or a voice command directing the person to stop. Any person who violates this section commits a class 2 misdemeanor.

C.R.S. § 33-15-106 Fires

33-15-106. Fires. (1) On any property under the control of the division, it is unlawful for any person to: (a) Start or maintain a fire if he or she knowingly or recklessly fails to reasonably attend the fire at all times or fails to thoroughly extinguish the fire before leaving the site; (b) Start, build, tend, or maintain a fire in violation of the provisions of any applicable order lawfully issued by a governmental authority that prohibits, bans, or regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property. (2) (a) Any person who violates subsection (1)(a) of this section commits a class 2 misdemeanor. (b) Except as otherwise provided in subsection (2)(c) of this section, any person who violates subsection (1)(b) of this section is guilty of a class 2 misdemeanor. (c) Any person who knowingly violates paragraph (b) of subsection (1) of this section and who knows or reasonably should know that he or she violates any order described in such paragraph that prohibits, bans, or regulates fires commits a class 6 felony. (3) Any person who starts, builds, tends, or maintains a fire in a careless or reckless manner that indicates either a lack of due regard for the fire hazard present or a wanton and willful disregard for the safety of persons and property is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one thousand dollars. (4) In addition to the penalties provided by this section, the court may require the defendant to reimburse the division for the costs of fire suppression in the case of wildfires.

C.R.S. § 33-15-107 Camping

33-15-107. Camping. (1) It is unlawful for any person to camp on land or water located in a state park or state recreation area unless the area is so designated and posted pursuant to rule of the commission. Any person who violates this subsection (1) commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (2) A person who occupies an area designated for camping without having obtained a valid permit for the campsite commits a civil infraction and, upon conviction, shall be punished by a fine equal to five times the cost of a permit for the campsite.

C.R.S. § 33-15-108 Littering

33-15-108. Littering. (1) It is unlawful for any person to litter any land or water under the control of the division. Except as otherwise provided in subsection (2) of this section, any person who violates this section commits a petty offense. (2) Any person who throws, drops, or otherwise expels a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon land under the control of the division commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501.

C.R.S. § 33-15-109 Damage to state property

33-15-109. Damage to state property. It is unlawful for any person to damage, alter, or destroy any real or personal property or property under the control of the division. Any person who violates this section commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. In addition, the court may require the defendant to reimburse the division for damages.

C.R.S. § 33-15-110 Vehicles and vessels - operation on state property

33-15-110. Vehicles and vessels - operation on state property. (1) On any property under the control of the division, it is unlawful for any person: (a) To operate or park a motor vehicle or vessel, except in designated areas where such operation or parking is authorized by the division; (b) To operate a motor vehicle or vessel in excess of the posted speed limit; (c) To park a motor vehicle or vessel in such a manner as to constitute or impede the normal flow of traffic or to leave a motor vehicle or vessel unattended for more than twenty-four hours. Any peace officer may order the removal or towing of any motor vehicle or vessel which is so parked, and such removal or towing shall be done at the expense of the owner and shall be in addition to any other penalty provided by law. (d) To operate or park a motor vehicle without first purchasing the required valid passes or permits. (2) (a) Any person who violates subsection (1)(a), (1)(b), or (1)(c) of this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars. (b) Anyone who violates subsection (1)(d) of this section commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.

C.R.S. § 33-15-111 Motor vehicles - reckless operation

33-15-111. Motor vehicles - reckless operation. (Repealed)

C.R.S. § 33-15-112 Motor vehicles - careless operation

33-15-112. Motor vehicles - careless operation. It is unlawful for any person to operate a motor vehicle on any property under the control of the division in a careless or imprudent manner without due regard for the width, grade, corners, or curves of, the traffic on, or the traffic regulations governing public roads and without due regard for all other attendant circumstances. Any person who violates this section commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred dollars.

C.R.S. § 33-15-113 Unattended vehicles without valid pass

33-15-113. Unattended vehicles without valid pass. (1) If an unattended vehicle is parked within an area where a valid parks pass is required and does not display a valid parks pass, a peace officer may place upon the vehicle a notice of summons and complaint pursuant to section 33-15-102 (2). Such notice shall contain the license plate number and state of registration of the vehicle but does not need to contain the identification of the alleged offender. (2) The notice of summons and complaint shall direct the owner or operator of the vehicle to remit a penalty assessment pursuant to section 33-15-102 to the division within ten days after the issuance of such notice unless the person wishes to appear before a court of competent jurisdiction. If the penalty assessment is not paid within ten days after issuance, the peace officer shall mail a notice to the registered owner of the vehicle, setting forth the offense and the time and place where such offense occurred and directing the payment of the penalty assessment within twenty days after the issuance of the notice unless the person wishes to appear before a court of competent jurisdiction. If the penalty assessment is not paid within twenty days after the date of mailing of the second notice, the peace officer who issued the original penalty assessment notice shall file a complaint with a court of competent jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at a time and place specified in the summons and to show cause why a penalty should not be imposed pursuant to section 33-15-110. (3) Payment of a penalty assessment pursuant to subsection (2) of this section to the division shall be deemed to be received on the date it is postmarked. (4) The registered owner of a motor vehicle is liable for payment of a penalty assessment regardless of whether the owner knew or should have known that the vehicle would be or was parked or left unattended in a manner that violated section 33-15-110.

C.R.S. § 33-15-114 Commercial use of state property

33-15-114. Commercial use of state property. It is unlawful to operate any commercial business or to solicit business on any property owned or managed by the division without first obtaining written permission from the division or the commission pursuant to this title 33 or any applicable rules promulgated by the commission. Any person who violates this section commits a class 2 misdemeanor.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-33.docxFetched: 10/6/2026