§ 29-7-101 — City or county may own and operate

Colorado § 29-7-101

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Recreational Facilities Districts

Text

(1) Any city, town, village,
county, metropolitan recreational district, or park and recreation district organized
under article 1 of title 32, C.R.S., may acquire, sell, own, exchange, and operate
public recreation facilities, open space and parklands, playgrounds, and television
relay and translator facilities; acquire, equip, and maintain land, buildings, or other
recreational facilities either within or without the corporate limits of such city, town,
village, or county; and expend funds therefor and for all purposes connected
therewith.

(2) Any county through its board of county commissioners shall have the
power, authority, and jurisdiction to regulate and control public recreation lands
and facilities owned or operated by the county by the promulgation of rules and
regulations pursuant to a lawfully adopted resolution. The rules and regulations
may include but are not limited to the following: Removal, destruction, mutilation, or
defacing of any natural object or man-made object owned by the county; explosives
or any form of firearm; animal control; any public use, including boating, fishing,
camping, or hunting; and polluting or littering. Any person violating any rule or
regulation lawfully adopted pursuant to this subsection (2) commits a civil
infraction. It is the duty of the sheriff and the sheriff's undersheriff and deputies, in
their respective counties, as well as any county enforcement personnel authorized
and appointed as described in subsection (3) of this section, to enforce the rules
and regulations adopted pursuant to this subsection (2), and the county courts in
their respective counties have jurisdiction in the prosecution of any violation of a
rule or regulation adopted pursuant to this subsection (2). If authorized by
resolution, the penalty assessment procedure provided in section 16-2-201 may be
followed by any arresting law enforcement officer for any violation of a rule or
regulation adopted pursuant to this subsection (2). As part of a resolution
authorizing the penalty assessment procedure, the board of county commissioners
may adopt a graduated fine schedule for violations. The graduated fine schedule
may provide for increased penalty assessments for repeat offenses by the same
person. All fines and forfeitures for the violation of county regulations adopted
pursuant to this subsection (2) shall be paid into the treasury of the county at such
times and in such manner as may be prescribed by resolution; or, if there is no
resolution providing for the payment, they shall be paid to the county treasurer at
once.

(3) (a) In addition to the enforcement of the rules and regulations by the
sheriff, an undersheriff, or a deputy sheriff, a board of county commissioners may
by resolution designate specific other county personnel, however titled or
administratively assigned, to enforce rules and regulations duly adopted by the
county to control and regulate the use of county public lands and recreation
facilities, by issuance of citations or summonses and complaints.

(b) Personnel designated pursuant to this subsection (3):

(I) Shall not be subject to peace officer certification or any other
requirements of part 3 of article 31 of title 24, C.R.S.;

(II) Shall be included within the definition of peace officer or firefighter
engaged in the performance of his or her duties found in section 18-3-201 (2),
C.R.S.; and

(III) Shall not have the power to arrest or to execute warrants and shall not
have authority to enforce any other resolution, ordinance, or statute, unless
otherwise provided by law.

Legislative History

Source: L. 35: p. 1115, � 1. CSA: C. 136, � 1. L. 47: p. 696, � 1. CRS 53: � 114-1-1. L. 60: p. 180, � 1. C.R.S. 1963: � 114-1-1. L. 75: Entire section amended, p. 987, � 1, effective July 14. L. 81: (1)(b) amended, p. 1413, � 1, effective May 18; (1)(a) amended, p. 1612, � 7, effective June 19. L. 96: (2) amended and (3) added, p. 587, � 1, effective May 1. L. 97: (3)(b)(II) amended, p. 1026, � 55, effective August 6. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3245, � 494, effective March 1, 2022.