§ 18-9-117 — Unlawful conduct on public property

Colorado § 18-9-117

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against Public Peace,

Text

(1) It is unlawful for any
person to enter or remain in any public building or on any public property or to
conduct himself or herself in or on the same in violation of any order, rule, or
regulation concerning any matter prescribed in this subsection (1), limiting or
prohibiting the use or activities or conduct in such public building or on such public
property, issued by any officer or agency having the power of control, management,
or supervision of the building or property. In addition to any authority granted by
any other law, each such officer or agency may adopt such orders, rules, or
regulations as are reasonably necessary for the administration, protection, and
maintenance of such public buildings and property, specifically, orders, rules, and
regulations upon the following matters:

(a) Preservation of property, vegetation, wildlife, signs, markers, statues,
buildings and grounds, and other structures, and any object of scientific, historical,
or scenic interest;

(b) Restriction or limitation of the use of such public buildings or property as
to time, manner, or permitted activities;

(c) Prohibition of activities or conduct within public buildings or on public
property which may be reasonably expected to substantially interfere with the use
and enjoyment of such places by others or which may constitute a general nuisance
or which may interfere with, impair, or disrupt a funeral or funeral procession;

(d) Necessary sanitation, health, and safety measures, consistent with
section 25-13-113, C.R.S.;

(e) Camping and picnicking, public meetings and assemblages, and other
individual or group usages, including the place, time, and manner in which such
activities may be permitted;

(f) Use of all vehicles as to place, time, and manner of use;

(g) Control and limitation of fires, including but not limited to the prohibition,
restriction, or ban on fires or other regulation of fires to avert the start of or lessen
the likelihood of wildfire, and the designation of places where fires are permitted,
restricted, prohibited, or banned.

(2) No conviction may be obtained under this section unless notice of such
limitations or prohibitions is prominently posted at all public entrances to such
building or property or unless such notice is actually first given the person by the
officer or agency, including any agent thereof, or by any law enforcement officer
having jurisdiction or authority to enforce this section.

(3) (a) Except as otherwise provided in subsections (3)(b) and (3)(c) of this
section, any person who violates subsection (1) of this section is guilty of a petty
offense.

(b) Any person who violates any order, rule, or regulation adopted pursuant
to paragraph (g) of subsection (1) of this section is guilty of a class 2 misdemeanor
and shall be assessed a fine of not less than two hundred fifty dollars and not
greater than one thousand dollars. The fine imposed by this paragraph (b) shall be
mandatory and not subject to suspension. Nothing in this paragraph (b) shall be
construed to limit the court's discretion in exercising other available sentencing
alternatives in addition to the mandatory fine.

(c) Any person who violates any order, rule, or regulation adopted pursuant
to paragraph (c) of subsection (1) of this section concerning funerals or funeral
processions is guilty of a class 2 misdemeanor.

Legislative History

Source: L. 72: p. 287, � 2. C.R.S. 1963: � 40-9-118. L. 2002, 3rd Ex. Sess.: IP(1), (1)(g), and (3) amended, p. 36, � 1, effective July 17. L. 2006: (1)(c) and (3)(a) amended and (3)(c) added, p. 1199, � 6, effective May 26. L. 2021: (3)(a) amended, (SB 21-271), ch. 462, p. 3205, � 321, effective March 1, 2022.