Colorado § 16-13-302 Public nuisances - policy

Colorado Statutes

§ 16-13-302 — Public nuisances - policy

Colorado·Title 16 Criminal·Art. Special Proceedings

(1)It is the policy of the general assembly that every public nuisance shall be restrained, prevented, abated, and perpetually enjoined. It is the duty of the district attorney in each judicial district of this state to bring and maintain an action, pursuant to the provisions of this part 3, to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to seek the forfeiture of property as provided in this part 3. The general assembly intends that proceedings under this part 3 be remedial and equitable in nature. Nothing contained in this part 3 shall be construed as an amendment or repeal of any of the criminal laws of this state, but the provisions of this part 3, insofar as they relate to those laws, shall be considered a cumulative right of the people in th

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(1) It is the policy of the general
assembly that every public nuisance shall be restrained, prevented, abated, and
perpetually enjoined. It is the duty of the district attorney in each judicial district of
this state to bring and maintain an action, pursuant to the provisions of this part 3,
to restrain, prevent, abate, and perpetually enjoin any such public nuisance and to
seek the forfeiture of property as provided in this part 3. The general assembly
intends that proceedings under this part 3 be remedial and equitable in nature.
Nothing contained in this part 3 shall be construed as an amendment or repeal of
any of the criminal laws of this state, but the provisions of this part 3, insofar as
they relate to those laws, shall be considered a cumulative right of the people in the
enforcement of such laws. The provisions of this part 3 shall not be construed to
limit or preempt the powers of any court or political subdivision to abate or control
nuisances.

(2) It is also the policy of the general assembly that asset forfeiture pursuant
to this part 3 shall be carried out pursuant to the following:

(a) Generation of revenue shall not be the primary purpose of asset
forfeiture.

(b) No prosecutor's or law enforcement officer's employment or level of
salary shall depend upon the frequency of seizures or forfeitures which such person
achieves.

(c) All seizures of real property pursuant to this part 3 shall be made
pursuant to a temporary restraining order or injunction based upon a judicial finding
of probable cause.

(d) Each seizing agency shall have policies and procedures for the
expeditious release of seized property which is not subject to forfeiture pursuant to
this part 3, when such release is appropriate.

(e) Each seizing agency retaining forfeited property for official law
enforcement use shall ensure that the property is subject to controls consistent
with controls which are applicable to property acquired through the normal
appropriations process.

(f) Each seizing agency which receives forfeiture proceeds shall conform
with reporting, audit, and disposition procedures enumerated in this article.

(g) Each seizing agency shall prohibit its employees from purchasing
forfeited property.

Colorado § 16-13-302 (Public nuisances - policy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: L. 72: R&RE, p. 259, � 1. C.R.S. 1963: � 39-13-302. L. 87: Entire section amended, p. 630, � 2, effective July 1. L. 92: Entire section amended, p. 446, � 1, effective July 1.