§ 18-4-511 — Littering of public or private property - repeal

Colorado § 18-4-511

• Jurisdiction: Colorado
• Title 18: Criminal
• Art.: Offenses Against Property

Text

(1) Any person who
deposits, throws, or leaves any litter on any public or private property or in any
waters commits littering.

(2) It shall be an affirmative defense that:

(a) Such property is an area designated by law for the disposal of such
material and the person is authorized by the proper public authority to so use the
property; or

(b) The litter is placed in a receptacle or container installed on such property
for that purpose; or

(c) Such person is the owner or tenant in lawful possession of such property,
or he has first obtained written consent of the owner or tenant in lawful possession,
or the act is done under the personal direction of said owner or tenant.

(3) (a) The term litter as used in this section means all rubbish, waste
material, refuse, garbage, trash, debris, or other foreign substances, solid or liquid,
of every form, size, kind, and description.

(b) The phrase public or private property as used in this section includes,
but is not limited to, the right-of-way of any road or highway, any body of water or
watercourse, including frozen areas or the shores or beaches thereof, any park,
playground, or building, any refuge, conservation, or recreation area, and any
residential, farm, or ranch properties or timberlands.

(4) (a) Except as otherwise provided in subsection (4)(b)(I) of this section and
sections 33-15-108 (2) and 42-4-1406, littering is a civil infraction punishable, upon
conviction, notwithstanding the provisions of section 18-1.3-503, by a mandatory
fine of not less than twenty dollars nor more than five hundred dollars upon a first
conviction, by a mandatory fine of not less than fifty dollars nor more than one
thousand dollars upon a second conviction, and by a mandatory fine of not less than
one hundred dollars nor more than one thousand dollars upon a third or subsequent
conviction.

(b) (I) On and after January 1, 2020, the mandatory fines specified in
subsection (4)(a) of this section are adjusted annually by the annual percentage
change in the United States department of labor's bureau of labor statistics
consumer price index for Denver-Aurora-Lakewood for all items paid by all urban
consumers, or its applicable successor index. Notwithstanding any other provision
of law, the clerk of the court shall transmit the amount of the fine attributable to
the adjustment specified in this subsection (4)(b)(I) to the state treasurer, who shall
credit the money to the Colorado circular communities cash fund created in section
25-16.5-109 (4).

(II) This subsection (4)(b) is repealed, effective September 1, 2032.

(5) It is in the discretion of the court, upon the conviction of any person and
the imposition of a fine under this section, to suspend any or all of the fine in excess
of the mandatory minimum fine upon the condition that the convicted person gather
and remove from specified public property or specified private property, with prior
permission of the owner or tenant in lawful possession thereof, any litter found
thereon, or upon the condition that the convicted person pick up litter at a time
prescribed by and a place within the jurisdiction of the court for not less than eight
hours upon a first conviction or for not less than sixteen hours upon a second or
subsequent conviction.

(6) Whenever litter is thrown, deposited, dropped, or dumped from any motor
vehicle in violation of this section, the operator of said motor vehicle is presumed to
have caused or permitted the litter to be so thrown, deposited, dropped, or dumped
therefrom.

(7) In addition to those law enforcement officers and agencies of this state
and the political subdivisions thereof authorized to enforce this section, the officers
of the Colorado state patrol and the district wildlife managers and other
commissioned officers of the division of parks and wildlife are expressly authorized,
empowered, and directed to enforce the provisions of this section.

(8) Any time a person is charged with committing littering, the peace officer
shall issue a summons and complaint for the person's appearance in court.
Notwithstanding section 16-2.3-102, a peace officer shall not issue a penalty
assessment for littering.

Legislative History

Source: L. 71: R&RE, p. 432, � 1. C.R.S. 1963: � 40-4-511. L. 73: p. 537, � 1. L. 77: (4) amended, p. 1195, � 2, effective July 1. L. 79: (7) amended, p. 1212, � 2, effective June 21. L. 81: (4) amended, p. 2025, � 18, effective July 14. L. 85: (4) R&RE and (5) amended, p. 670, ��1, 2, effective July 1. L. 2002, 3rd Ex. Sess.: (4) amended, p. 53, � 3, effective July 18. L. 2019: (4) amended, (SB 19-192), ch. 362, p. 3353, � 3, effective August 2. L. 2021: (4)(a) amended, (SB 21-271), ch. 462, p. 3180, � 218, effective March 1, 2022. L. 2022: (8) added, (HB 22-1229), ch. 68, p. 345, � 25, effective March 1. L. 2024: (4)(b) amended, (HB 24-1449), ch. 192, p. 1129, � 3, effective July 1.