(1) It is unlawful for any person,
association, or corporation, and the officers thereof:
(a) To willfully violate, disobey, or disregard the provisions of the public
health laws or the terms of any lawful notice, order, standard, rule, or regulation
issued pursuant thereto; or
(b) To fail to make or file reports required by law or rule of the board relating
to the existence of disease or other facts and statistics relating to the public health;
or
(c) To conduct any business or activity over which the department possesses
the power to license and regulate without such license or permit as required by the
department; or
(d) To willfully and falsely make or alter any certificate or license or certified
copy thereof issued pursuant to the public health laws; or
(e) To knowingly transport or accept for transportation, interment, or other
disposition a dead body without an accompanying permit issued in accordance with
the public health laws or the rules of the board; or
(f) To willfully fail to remove from private property under his control at his
own expense, within forty-eight hours after being ordered so to do by the health
authorities, any nuisance, source of filth, or cause of sickness within the jurisdiction
and control of the department, whether such person, association, or corporation is
the owner, tenant, or occupant of such private property; except that, if such
condition is due to an act of God, it shall be removed at public expense; or
(g) To pay, give, present, or otherwise convey to any officer or employee of
the department any gift, remuneration, or other consideration, directly or indirectly,
which such officer or employee is forbidden to receive by the provisions of this part
1; or
(h) To make, install, maintain, or permit any cross-connection between any
water system supplying drinking water to the public and any pipe, plumbing fixture,
or water system which contains water of a quality below the minimum general
sanitary standards as to the quality of drinking water supplied to the public or to
fail to remove such connection within ten days after being ordered in writing by the
department to remove the same. For the purposes of this paragraph (h), cross-connection means any connection which would allow water to flow from any pipe,
plumbing fixture, or water system into a water system supplying drinking water to
the public.
(i) To sell or offer for sale any raw milk, milk product, or unsanitary dairy
product, as defined in section 25-5.5-104, for other than human consumption unless
it has first been treated with a dye approved by the department; or
(j) To violate section 25-3-122.
(2) It is unlawful for any officer or employee of the department or member of
the board to accept any gift, remuneration, or other consideration, directly or
indirectly, for an incorrect or improper performance of the duties imposed upon him
by or on behalf of the department.
(3) It is unlawful:
(a) For any officer or employee of the department to perform any work, labor,
or services other than the duties assigned to him by or on behalf of the department
during the hours such officer or employee is regularly employed by the department,
or to perform his duties as an officer or employee of the department under any
condition or arrangement that involves a violation of this or any other law of the
state of Colorado;
(b) For any officer or employee of the department other than members of the
board to perform any work, labor, or services which consist of the private practice
of medicine, veterinary surgery, sanitary engineering, nursing, or any other
profession which is or may be of special benefit to any private person, association,
or corporation as distinguished from the department or the public generally, and
which is performed by such officer or employee, directly or indirectly, for
remuneration, whether done in an active, advisory, or consultative capacity or
performed within or without the hours such officer or employee is regularly
employed by the department.
(4) Except as provided in subsection (5) of this section, any person,
association, or corporation, or the officers thereof, who violates any provision of this
section commits a class 2 misdemeanor and is also liable for any expense incurred
by health authorities in removing any nuisance, source of filth, or cause of sickness.
Conviction under the penalty provisions of this part 1 or any other public health law
shall not relieve any person from any civil action in damages that may exist for an
injury resulting from any violation of the public health laws.
(5) (a) It is unlawful for any person, association, or corporation, or the officers
thereof, to tamper, attempt to tamper, or threaten to tamper with a public water
system or with drinking water after its withdrawal for or treatment by a public
water system. For purposes of this subsection (5), tamper means to introduce a
contaminant into a public water system or into drinking water or to otherwise
interfere with drinking water or the operation of a public water system with the
intention of harming persons or the public water system. Tamper does not include
the standardized and accepted treatment procedures performed by a supplier of
water in preparing water for human consumption.
(b) (I) Any person, association, or corporation, or the officers thereof, who
tampers with a public water system or with drinking water after its withdrawal for
or treatment by a public water system commits a class 3 felony and shall be
punished as provided in section 18-1.3-401, C.R.S.
(II) Any person, association, or corporation, or the officers thereof, who
attempts to tamper or threatens to tamper with a public water system or with
drinking water after its withdrawal for or treatment by a public water system
commits a class 5 felony and shall be punished as provided in section 18-1.3-401,
C.R.S.
(III) Conviction under this subsection (5) shall not relieve any person from a
civil action initiated pursuant to section 25-1-114.1.