§ 30-15-401 — General regulations - definitions

Colorado § 30-15-401

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Regulation Under Police Power

Text

(1) In addition to those powers
granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of this article
15, the board of county commissioners may adopt ordinances for control or
licensing of those matters of purely local concern that are described in the
following enumerated powers:

(a) (I) (A) To provide for and compel the removal of rubbish, including trash,
junk, and garbage, from lots and tracts of land within the county, except industrial
tracts of ten or more acres and agricultural land currently in agricultural use as the
term agricultural land is defined in section 39-1-102 (1.6), C.R.S., and from the alleys
behind and from the sidewalk areas in front of such property at such time, upon
such notice, and in such manner as the board of county commissioners may
prescribe by ordinance, including removal performed by the county upon notice to
and failure of the property owner to remove such rubbish, and to assess the
reasonable cost thereof, including five percent for inspection and other incidental
costs in connection therewith, upon the lots and tracts from which such rubbish has
been removed. Ordinances passed by a board of county commissioners for the
removal of rubbish pursuant to this sub-subparagraph (A) shall include provisions
for applying for and exercising an administrative entry and seizure warrant issued
by a county or district court having jurisdiction over the property from which
rubbish shall be removed. Any assessment pursuant to this sub-subparagraph (A)
shall be a lien against such lot or tract of land until paid and shall have priority over
all other liens except general taxes and prior special assessments. In case such
assessment is not paid within a reasonable time specified by ordinance, it may be
certified by the clerk to the county treasurer, who shall collect the assessment,
together with a ten percent penalty for the cost of collection, in the same manner
as other taxes are collected. The laws of this state for assessment and collection of
general taxes, including the laws for the sale and redemption of property for taxes,
shall apply to the collection of assessments pursuant to this sub-subparagraph (A).

(B) A county court or district court having jurisdiction over property from
which rubbish shall be removed pursuant to the ordinances authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an administrative entry and
seizure warrant for the removal of such rubbish. Such warrant shall be issued upon
presentation by a county of ordinance provisions which meet the requirements of
sub-subparagraph (A) of this subparagraph (I) and a sworn or affirmed affidavit
stating the factual basis for such warrant, evidence that the property owner has
received notice of the violation and has failed to remove the rubbish within a
reasonable prescribed period of time, a general description of the location of the
property which is the subject of the warrant, a general list of any rubbish to be
removed from such property, and the proposed disposal or temporary impoundment
of such rubbish, whichever the court deems appropriate. Within ten days following
the date of issuance of an administrative entry and seizure warrant pursuant to the
provisions of this sub-subparagraph (B), such warrant shall be executed in
accordance with directions by the issuing court, a copy of such issued warrant shall
be provided or mailed to the property owner, and proof of the execution of such
warrant, including a written inventory of any property impounded by the executing
authority, shall be submitted to the court by the executing authority.

(I.5) (A) To provide for and compel the removal of weeds and brush from lots
and tracts of land within the county except agricultural land currently in
agricultural use as the term agricultural land is defined in section 39-1-102 (1.6),
C.R.S., and from the alleys behind and from the sidewalk areas in front of such
property at such time, upon such notice, and in such manner as the board of county
commissioners may prescribe by ordinance, including removal performed by the
county upon notice to and failure of the property owner to remove such weeds and
brush, and to assess the reasonable cost thereof, including ten percent for
inspection and other incidental costs in connection therewith, upon the property
from which such weeds have been removed. Ordinances passed by a board of
county commissioners for the removal of weeds and brush pursuant to this sub-subparagraph (A) shall include provisions for applying for and exercising an
administrative entry and seizure warrant issued by a county or district court having
jurisdiction over the property from which weeds and brush shall be removed. Any
assessment pursuant to this sub-subparagraph (A) shall be a lien against such
property until paid and shall have priority based on its date of recording. A county
shall not compel the removal of weeds and brush pursuant to this sub-subparagraph (A) upon any lot or tract of land within the county during such time
that a mortgage or deed of trust secured by the lot or tract of land is being
foreclosed upon.

(B) In case such assessment is not paid within a reasonable time specified by
ordinance, it may be certified by the clerk to the county treasurer, who shall collect
the assessment, together with a ten percent penalty for the cost of collection, in
the same manner as other taxes are collected. The laws of this state for
assessment and collection of general taxes, including the laws for the sale and
redemption of property for taxes, shall apply to the collection of such assessments
pursuant to this sub-subparagraph (B).

(C) A county court or district court having jurisdiction over property from
which weeds and brush shall be removed pursuant to the ordinances authorized by
sub-subparagraph (A) of this subparagraph (I.5) shall issue an administrative entry
and seizure warrant for the removal of such weeds and brush. Such warrant shall be
issued upon presentation by a county of ordinance provisions which meet the
requirements of sub-subparagraph (A) of this subparagraph (I.5) and a sworn or
affirmed affidavit stating the factual basis for such warrant, evidence that the
property owner has received notice of the violation and has failed to remove the
weeds and brush within a reasonable prescribed period of time, a general
description of the location of the property which is the subject of the warrant, and
the proposed disposal of such weeds and brush. Within ten days following the date
of issuance of an administrative entry and seizure warrant pursuant to the
provisions of this sub-subparagraph (C), such warrant shall be executed in
accordance with directions by the issuing court, a copy of such issued warrant shall
be provided or mailed to the property owner, and proof of the execution of such
warrant shall be submitted to the court by the executing authority.

(II) To inspect vehicles proposed to be operated in the conduct of the
business of transporting ashes, trash, waste, rubbish, garbage, or industrial waste
products or any other discarded materials and to determine, among other things,
that any such vehicle has the following:

(A) A permanent cover of canvas or equally suitable or superior material
designed to cover the entire open area of the body of such vehicle;

(B) A body so constructed as to be permanently leakproof as to such
discarded materials;

(C) Extensions of sideboards and tailgate, if any, constructed of permanent
materials;

(III) To contract with persons in the business of transporting and disposing of
ashes, trash, waste, rubbish, garbage, or industrial waste products or any other
discarded materials to provide such services, but in no event on an exclusive
territorial basis, to every lot and tract of land requiring such services within the
unincorporated area of the county or in conjunction with the county on such terms
as shall be agreed to by the board of county commissioners. Nothing in this
subparagraph (III) shall be deemed to preclude the owner or tenant of any such lot
or tract from removing discarded materials from his lot, so long as appropriate
standards of safety and health are observed.

(IV) To regulate the activities of persons in the business of transporting
ashes, trash, waste, rubbish, garbage, or industrial waste products or any other
discarded materials within the unincorporated area by requiring each such person
to secure a license from the county and charging a fee therefor to cover the cost of
administration and enforcement and by requiring adherence to such reasonable
standards of health and safety as may be prescribed by the board of county
commissioners and to prohibit any person from commercially collecting or
disposing of ashes, trash, waste, rubbish, garbage, or industrial waste products or
any other discarded materials within the unincorporated area without a license and
when not in compliance with such standards of health and safety as may be
prescribed by the board;

(V) To do all acts and make all regulations which may be necessary or
expedient for the promotion of health or the suppression of disease, limited to the
following:

(A) In addition to the authority given counties under section 18-4-511, C.R.S.,
to restrain, fine, and punish persons for dumping rubbish, including trash, junk, and
garbage, on public or private property;

(B) (Deleted by amendment, L. 2008, p. 2054, � 11, effective July 1, 2008.)

(C) To adopt reasonable regulations for controlling pollution caused by wood
smoke;

(D) In addition to the authority given counties under article 5 of title 35,
C.R.S., to establish mosquito control areas, to assess the whole cost thereof against
those persons especially benefitted by the service, and, if a person's portion of the
assessment is not paid within a reasonable time as specified by ordinance, to direct
that the assessment, which shall be a lien against the property of such person, be
certified by the county clerk and recorder to the county treasurer for collection in
the same manner as other taxes are collected;

(VI) To require every person in the business of transporting ashes, trash,
waste, rubbish, garbage, or industrial waste products or any other discarded
materials to and from disposal sites to have, before commencing such operations, in
such motor vehicle a motor vehicle liability insurance policy or evidence of such
policy issued by an insurance carrier or insurer authorized to do business in the
state of Colorado in the sum of not less than one hundred fifty thousand dollars for
damages for or on account of any bodily injury to or the death of each person as the
result of any one accident, in the sum of not less than one hundred fifty thousand
dollars for damages to the property of others as the result of any one accident, and
in the total sum of not less than four hundred thousand dollars for damages for or
on account of any bodily injury to or the death of all persons and for damages to the
property of others. Any liability for failure to comply with the requirements of this
subparagraph (VI) shall be borne by the individual, partnership, or corporation who
owns such vehicle.

(b) To prevent and suppress riots, routs, affrays, disturbances, and disorderly
assemblies in any public or private place;

(c) To suppress bawdy and disorderly houses and houses of ill fame or
assignation; to suppress gaming and gambling houses, lotteries, and fraudulent
devices and practices for the purpose of gaining or obtaining money or property;
and to regulate the promotion or wholesale promotion of obscene material and
obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.;

(d) To restrain and punish loiterers and prostitutes;

(d.5) To discourage juvenile delinquency through the imposition of curfews
applicable to juveniles, the restraint and punishment of loitering by juveniles, and
the restraint and punishment of defacement of, including the affixing of graffiti to,
buildings and other public or private property by juveniles by means that may
include restrictions on the purchase or possession of graffiti implements by
juveniles. The board of county commissioners, when enacting an ordinance to carry
out the powers granted by this subsection (1)(d.5), may make it unlawful for a
retailer to sell graffiti implements to juveniles but shall not dictate the manner in
which the retailer displays graffiti implements. For purposes of this subsection
(1)(d.5), juvenile means a juvenile as defined in section 19-2.5-102 and graffiti
implement means an aerosol paint container, broad-tipped marker, gum label,
paint stick or graffiti stick, or etching equipment.

(e) To control unleashed or unclaimed animals, except those animals defined
in section 35-44-101 (1), C.R.S.;

(f) To use the county jail for the confinement or punishment of offenders,
subject to such conditions as are imposed by law and with the consent of the board
of county commissioners;

(g) To authorize the acceptance of a bail bond when any person has been
arrested for the violation of any ordinance and a continuance or postponement of
trial is granted. When such bond is accepted, it shall have the same validity and
effect as bail bonds provided for under the criminal statutes of this state.

(h) (I) To control and regulate the movement and parking of vehicles and
motor vehicles on public property; except that:

(A) Misdemeanor traffic offenses and the posted speed limit on any state
highway located within the county are matters of statewide interest;

(B) For the purposes of any minimum parking requirement a board of county
commissioners imposes, the board of county commissioners is subject to article 35
of title 29 and section 30-28-140; and

(C) For the purpose of regulating the installation of electric vehicle charging
stations, the board of county commissioners is subject to section 30-28-212.

(II) The county may establish fire lanes and emergency vehicle access on
public or private property zoned commercial or residential and provide for fines and
punishment of violators;

(i) To regulate and license escort bureaus, escorts, and escort bureau
runners to the extent permitted under article 11.8 of title 29;

(j) To regulate and license secondhand dealers to the extent permitted under
article 13 of title 18, C.R.S.;

(k) To regulate and license pawnbrokers as provided in section 29-11.9-102;

(k.5) To require registration of persons who engage in door-to-door selling of
merchandise or goods and the delivery thereof within the county; except that
nonprofit organizations which are exempt from the income tax imposed under
article 22 of title 39, C.R.S., and schools shall not be subject to county requirements
imposed under this paragraph (k.5);

(l) (I) To adopt reasonable regulations for the operation of establishments
open to the public in which persons appear in a state of nudity for the purpose of
entertaining the patrons of such establishment; except that such regulations shall
not be tantamount to a complete prohibition of such operation. Such regulations
may include the following:

(A) Minimum age requirements for admittance to such establishments;

(B) Limitations on the hours during which such establishments may be open
for business; and

(C) Restrictions on the location of such establishments with regard to
schools, churches, and residential areas.

(II) The board of county commissioners may enact ordinances which provide
that any establishment which engages in repeated or continuing violations of
regulations adopted by the board shall constitute a public nuisance. The county
attorney of such county, or the district attorney acting pursuant to section 16-13-302, C.R.S., may bring an action in the district court of such county for an injunction
against the operation of such establishment in a manner which violates such
regulations.

(III) Nothing in the regulations adopted by the board of county
commissioners pursuant to this paragraph (l) shall be construed to apply to the
presentation, showing, or performance of any play, drama, ballet, or motion picture
in any theater, concert hall, museum of fine arts, school, institution of higher
education, or other similar establishment as a form of expression of opinion or
communication of ideas or information, as differentiated from the promotion or
exploitation of nudity for the purpose of advancing the economic welfare of a
commercial or business enterprise.

(m) (I) In addition to the authority given counties in article 12 of title 25,
C.R.S., to enact ordinances which regulate noise on public and private property
except as provided in subparagraph (II) of this paragraph (m); prohibit the operation
of any vehicle that is not equipped with a muffler in constant operation and is not
properly maintained to prevent an increase in the noise emitted by the vehicle
above the noise emitted when the muffler was originally installed; and prohibit the
operation of any vehicle having a muffler that has been equipped or modified with a
cutoff and bypass or any similar device or modification. For the purposes of this
paragraph (m), vehicle shall have the same meaning as that set forth in section
42-1-102 (112), C.R.S.

(II) Ordinances enacted to regulate noise on public and private property
pursuant to subsection (1)(m)(I) of this section do not apply to:

(A) Property used for purposes which are exempt, pursuant to section 25-12-103, C.R.S., from noise abatement; and

(B) Property used for: Manufacturing, industrial, or commercial business
purposes; and public utilities regulated pursuant to title 40.

(n) To provide for and compel the removal of snow on sidewalks within the
county, at such time, upon such notice, and in such manner as the board of county
commissioners may prescribe by ordinance, including removal performed by the
county upon notice to and failure of the property owner to remove such snow and to
assess the whole cost thereof, and other incidental costs in connection therewith,
upon the property from which such snow has been removed;

(n.5) (I) To ban open fires to a degree and in a manner that the board of
county commissioners deems necessary to reduce the danger of wildfires within
those portions of the unincorporated areas of the county where the danger of forest
or grass fires is found to be high based on competent evidence.

(II) Subject to subparagraph (IV) of this paragraph (n.5), the board of county
commissioners in each county that has a substantial forested area shall, by January
1, 2012, develop an open burning permit system for the purpose of safely disposing
of slash. In developing an open burning permit system, the board is encouraged to
consult with the division of fire prevention and control, established in section 24-33.5-1201, C.R.S., and shall:

(A) Collaborate with county and local jurisdictions such as the sheriff's office
and fire protection districts, identify the agencies responsible for burner education,
permitting, and compliance, and consider developing an education plan to inform
private property owners of the benefits, criteria, and required processes for slash
pile burning;

(B) Consider and be consistent with existing laws and processes that ban,
regulate, or have developed recommendations concerning open burning, including
sections 18-13-109, 18-13-109.5, 23-31-312, 23-31-313 (6)(a)(II) and (6)(a)(III), 25-7-106 (7) and (8), 25-7-123, 29-20-105.5, and 30-11-124, C.R.S.;

(C) Consider existing county ordinances;

(D) Consider existing scientific and applied knowledge of safe burning
conditions, including consideration of, and the advisability of specifying permit
limitations concerning, the number of slash piles that may be burned at one time
per person who is monitoring the burn, the size of slash piles, temperature,
humidity, snow cover, wind conditions, overhead and other types of electric utility
facilities, including adequate distances from such facilities, fuel type and moisture
content, slope, and setbacks from real estate improvements;

(E) Exempt broadcast burns conducted within federal and state guidelines
that have a written prescribed fire plan and agricultural burns; and

(F) Include mechanisms to notify individuals with respiratory conditions, if
requested by the individual, and contiguous landowners of the date, time, and
location of slash pile burns.

(III) Nothing in this paragraph (n.5) infringes upon or otherwise affects the
ability of agricultural producers to conduct burning on their property.

(IV) A board of county commissioners that has an open burning permit
system on April 13, 2011, need not comply with the requirements of subparagraph
(II) of this paragraph (n.5) until the board materially alters the system.

(V) For purposes of this subsection (1)(n.5):

(A) Competent evidence includes the use of the national fire danger rating
system, predictions of future fire danger such as those issued by the national
interagency coordination center or any successor entity, localized evidence of low
fuel moisture content, and any other similar indices or information.

(B) County that has a substantial forested area means a county that has at
least forty-four percent forest cover as determined by the state forester appointed
pursuant to section 23-31-207, C.R.S.

(C) Open burning means fire that a person starts and that is intentionally
used for forest management.

(D) Slash means woody material less than six inches in diameter consisting
of limbs, branches, and stems that are free of dirt. Slash does not include tree
stumps, roots, or any other material.

(n.7) To prohibit or restrict the sale, use, and possession of fireworks,
including permissible fireworks, as defined in section 24-33.5-2001 (5) and (11), for a
period no longer than one year within all or any part of the unincorporated areas of
the county. Such an ordinance shall be in effect for the period between May 31 and
July 5 of any year only if the county adopts a resolution specifying that the
ordinance remains in effect for such period, which resolution includes an express
finding of high fire danger, based on competent evidence, as defined in subsection
(1)(n.5) of this section. However, if the county adopts a resolution specifying that
the ordinance remains in effect for such period, or any portion of such period, and
subsequent to the adoption of the resolution, a change in the weather occurs
resulting in competent evidence that the high fire danger is not present and no
longer will be present during the remainder of the period, the county shall endeavor
to promptly consider whether to exercise its legislative discretion to rescind the
restrictions it has adopted on the sale, use, and possession of fireworks.
Notwithstanding any other provision of this subsection (1)(n.7), the ordinance
remains in effect and is fully enforceable until the restrictions have been rescinded.

(o) In addition to the authority given counties under sections 30-10-513.5 and
30-15-401.5, to enact ordinances to restrain and punish any person who gives,
makes, or causes to be given a false alarm of fire and to assess costs associated
with such false alarms;

(o.5) To provide by ordinance for the regulation and licensing of alarm
systems which transmit information to law enforcement or other public safety
officials located within the county;

(p) In addition to the authority given counties under article 7 of title 29,
C.R.S., and part 7 of article 20 of this title, to establish by ordinance and regulation
the fees for certificates, permits, licenses, and passes for users in order to provide
the funds for recreational facility development and to offset the costs of
emergency search and rescue operations on public lands and the construction,
operation, and maintenance of recreation paths on public property; except that
areas, lakes, properties, and facilities under the control and management of the
division of parks and wildlife shall be exempt from any such fees for certificates,
permits, licenses, passes, or any other special charges;

(q) To provide for and compel the removal of any building or structure,
except for a building or structure on affected land subject to the Colorado Mined
Land Reclamation Act, as the term affected land is defined in section 34-32-103
(1.5), C.R.S., or on lands subject to the Colorado Surface Coal Mining Reclamation
Act, pursuant to article 33 of title 34, C.R.S., the condition of which presents a
substantial danger or hazard to public health, safety, or welfare, or any dilapidated
building of whatever kind which is unused by the owner, or uninhabited because of
deterioration or decay, which condition constitutes a fire hazard, or subjects
adjoining property to danger of damage by storm, soil erosion, or rodent infestation,
or which becomes a place frequented by trespassers and transients seeking a
temporary hideout or shelter, at such time, upon such notice, and in such manner as
the board of county commissioners may prescribe by ordinance, including the
removal performed by the county upon notice to and failure of the property owner
to remove such building or structure, and to assess the whole cost of such removal,
including incidental costs and a reasonable fee for inspection which fee shall not
exceed five percent of the total amount due in connection therewith, upon the
property from which such building or structure has been removed. Any assessment
pursuant to this paragraph (q) shall be a lien against such property until paid. If
such assessment is not paid within a reasonable time as specified by ordinance, it
may be certified by the clerk and recorder to the county treasurer, who shall collect
the assessment, together with a ten percent penalty for the cost of collection, in
the same manner as other taxes are collected.

(r) (I) To regulate distressed real property by requiring that such real
property be secured, maintained, and insured by the owner of such real property or,
if applicable, by a holder of a lien that has taken possession of such real property
pursuant to part 6 of article 38 of title 38, C.R.S., or any receiver appointed to take
possession of or to preserve the real property. The county may require that real
property owners, a holder in possession pursuant to part 6 of article 38 of title 38,
C.R.S., or any receiver appointed to preserve or take possession of real property
provide to the county planning and zoning department contact information for the
person or entity responsible for the preservation of the real property.

(II) For purposes of this paragraph (r), distressed real property means any
real property in foreclosure or any vacant or abandoned real property.

(s) (I) To license and regulate an owner or owner's agent who rents or
advertises the owner's lodging unit for a short-term rental, and to fix the fees,
terms, and manner for issuing and revoking licenses issued therefor. As used in this
subsection (1)(s)(I), owner's agent does not include a vacation rental service,
except as set forth in subsection (1)(s)(IV) of this section.

(II) The licensing or regulation under the authority conferred in subsection
(1)(s)(I) of this section does not affect whether a lodging unit is a residential
improvement, as defined in section 39-1-102 (14.3).

(III) To regulate a vacation rental service; except that this authority is limited
to:

(A) Requiring a vacation rental service that displays a short-term rental
listing for a lodging unit located in the county to require the lodging unit owner or
owner's agent to include a local short-term rental license or permit number, if
applicable, in any listing for the short-term rental on the vacation rental service's
website or other digital platform; and

(B) Requiring a vacation rental service to remove a listing for a short-term
rental from the vacation rental service's website or other digital platform after
notification by the county that the owner of the listed lodging unit has had the
owner's local short-term rental license or permit suspended or revoked or has been
issued a notice of violation or similar legal process for not possessing a valid local
short-term rental license or permit or that the county has a prohibition on short-term rentals that applies to the lodging unit. The notification must identify the
listing's uniform resource locator (URL) or other specified digital location to be
removed and state the reason for the removal. The vacation rental service shall
remove the listing from the website or other digital platform within seven days of
receiving the notification from the county.

(IV) If a vacation rental service provides additional services for the owner
that are related to the owner's lodging unit but unrelated to providing a means of
offering the lodging unit for short-term rentals through the person's website or
other digital platform, then the board of county commissioners may license or
regulate the vacation rental service as an owner's agent under subsection (1)(s)(I) of
this section with respect to those additional services.

(V) To facilitate a vacation rental service's ability to comply with an
ordinance adopted by a county under the authority conferred by subsection (1)(s)(III)
of this section, a county, upon request of the owner of a hotel unit that is located in
a building with one or more lodging units or a vacation rental service on which a
hotel unit that is located in a building with one or more lodging units is listed, shall
provide written verification that the hotel unit is exempt from the ordinance
because it is not a lodging unit. Multiple hotel units may be included in one request.
The written verification provided may include an exemption number or other type of
identifier for the hotel unit and a single exemption number or other type of
identifier may be used for multiple hotel units.

(s.5) As used in subsection (1)(s) of this section, unless the context otherwise
requires:

(I) Hotel unit means a portion of a structure that is:

(A) Used by a business establishment to provide commercial lodging to the
general public for predominantly overnight or weekly stays;

(B) Classified as a hotel or motel for purposes of property taxation;

(C) Not a unit, as defined in section 38-33.3-103 (30), in a condominium; and

(D) Zoned or otherwise permitted by the local jurisdiction for the use
specified in subsection (1)(s.5)(I)(A) of this section.

(II) Lodging unit means any property or portion of a property that is
available for lodging; except that the term excludes a hotel unit.

(III) Short-term rental means the rental of a lodging unit for less than thirty
days.

(IV) Vacation rental service means a person that operates a website or any
other digital platform that provides a means through which an owner or owner's
agent may offer a lodging unit, or portion thereof, for short-term rentals, and from
which the person financially benefits;

(t) To require registration of businesses in the unincorporated portions of the
county; except that such power does not include the power to license, collect a fee,
or collect fines for such registrations. The county shall only publish registration
information in a manner such that the business type is aggregated and does not
allow for segregation of individuals or business who supplied the information.

(1.5) In addition to any other powers, the board of county commissioners has
the power to adopt a resolution or an ordinance to:

(a) Regulate the possession or sale of cigarettes, tobacco products, or
nicotine products, as defined by section 18-13-121 (5), to a minor consistent with
section 18-13-121 (3);

(b) Limit smoking, as defined in section 25-14-203 (16), in any manner that is
no less restrictive than the limitations set forth in the Colorado Clean Indoor Air
Act, part 2 of article 14 of title 25; and

(c) License or otherwise regulate the sale of cigarettes, tobacco products, or
nicotine products.

(1.7) In addition to any other powers, a board of county commissioners may
charge a fee for a local license and adopt resolutions or ordinances to establish
requirements on businesses engaged in the storage, extraction, processing, or
manufacturing of industrial hemp, as defined in section 35-61-101 (7), or hemp
products, as defined in section 25-5-427 (2)(d). A county shall not impose additional
food production regulations on hemp processors or hemp products if the
regulations conflict with state law.

(2) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
ordinances described in subsection (1) of this section shall apply throughout the
unincorporated area of the county including public and state lands and to any
incorporated town or city that elects by ordinance or resolution to have the
provisions thereof apply.

(II) The board of county commissioners may designate, by resolution, areas in
the unincorporated territory of the county exclusively within which an ordinance
adopted pursuant to this section shall apply. The board shall set forth a rational
basis for the designation and hold a public hearing prior to making the designation
at which any interested person shall have an opportunity to be heard.

(b) Any regulation imposed prior to January 1, 1980, by resolution adopted
under any provision of law may, upon suitable accommodation to the pertinent
ordinance adoption procedure set forth in this part 4, be reimposed by ordinance. In
such cases the resolution shall continue in force and effect until the ordinance
which replaces it becomes effective.

(c) Nothing in this part 4 shall be construed to affect any proceeding arising
under or pursuant to the provisions of law in effect immediately prior to January 1,
1980.

(3) Paragraph (a) of subsection (1) of this section shall not apply to the
transportation of sludge and fly ash or to the transportation of hazardous materials,
as defined in the rules and regulations adopted by the chief of the Colorado state
patrol pursuant to section 42-20-104 (1), C.R.S.

(4) Paragraph (a) of subsection (1) of this section shall not apply to the
transporting of ashes, trash, waste, rubbish, garbage, or industrial waste products
or any other discarded materials which are collected by a city, county, city and
county, town, or other local subdivision within its jurisdictional limits, provided every
vehicle so engaged in transporting the discarded materials has conformed to
vehicle standards at least as strict as those prescribed in subparagraph (II) of
paragraph (a) of subsection (1). Such governing body shall not grant an exclusive
territory or regulate rates for the collection and transportation of ashes, trash,
waste, rubbish, garbage, or industrial waste products or any other discarded
materials.

(5) Any provision of paragraph (a) of subsection (1) of this section to the
contrary notwithstanding, the governing body of a city and county shall not be
precluded from adopting ordinances, regulations, codes, or standards or granting
permits issued pursuant to home rule authority; except that such governing body
shall not grant an exclusive territory or regulate rates for the collection and
transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products
or any other discarded materials.

(6) If the board of county commissioners or the governing body of any other
local governmental entity is providing waste services, including the collection and
transportation of ashes, trash, waste, rubbish, garbage, or industrial waste products
or any other discarded materials, within the limits of any county or other local
subdivision on or after April 19, 1994, any private person seeking also to offer those
services shall first give a one-year public notice advising of the intent to offer the
services. If a private person or persons are providing waste services within the limits
of any county or other local subdivision on or after April 19, 1994, any board of
county commissioners or the governing body of any other local governmental entity
seeking also to offer those services shall first give a one-year public notice advising
of the intent to offer the services. The public notice shall be given in a local
newspaper of general circulation in the area served by the waste service provider.
The requirements of this subsection (6) shall not apply to any municipality or city
and county subject to subsection (7.5) of this section.

(7) (a) Notwithstanding any other provision of law, nothing in this section
shall prohibit the providing of waste services by a private person, if that person is in
compliance with applicable rules and regulations, within the limits of any
municipality, city and county, or special district operating pursuant to article 1 of
title 32, if those services also are provided by a governmental body within the limits
of that governmental unit. The governmental body may not compel industrial or
commercial establishments or multifamily residences of eight or more units to use
or pay user charges for waste services provided by the governmental body in
preference to those services provided by a private person.

(b) Subject to the limitation set forth in subsection (6) of this section and
notwithstanding paragraph (a) of this subsection (7) and subsection (7.5) of this
section or any other provision of law, nothing in this section shall prohibit the
providing of waste services by a private person within the limits of any county or
other local subdivision if that person is in compliance with applicable rules and
regulations. If services also are provided by a governmental body within the limits
of the county or other local subdivision, the governmental body shall not compel
any resident, including, but not limited to, an owner or tenant of industrial or
commercial establishments or multifamily residences, to use or pay user charges
for waste services provided by the governmental body in preference to those
services provided by a private person.

(7.5) (a) Any requirement that municipal residents use or pay user charges
for residential waste services pursuant to paragraph (a) of subsection (7) of this
section may be affected by utilization of the initiative and referendum power
reserved to the municipal electors in section 1 (9) of article V of the Colorado
constitution.

(b) The governing body of any municipality or city and county that chooses,
after April 19, 1994, to require use of or to commence the imposition of a fee for
residential waste services pursuant to paragraph (a) of subsection (7) of this section
in all or any portion of the jurisdiction, including any portion of the jurisdiction
annexed after April 19, 1994, may do so subject to the following requirements:

(I) The governing body shall provide written notice to any private person who
lawfully provides waste services within the jurisdiction and shall give a six-month
public notice in a newspaper of general circulation within the jurisdiction prior to
requiring the use or initial imposition of the fee. The notice shall include:

(A) The date upon which, and the area within the jurisdiction where, requiring
use of or billing for residential waste services will commence; and

(B) An explanation of the option to request an opportunity to submit a
proposal to provide residential waste services to that area.

(II) Any person may, within thirty days following publication or receipt of the
notice, request in writing the opportunity to submit a proposal to provide residential
waste services within the portion of the jurisdiction where required use of those
services or imposition of the fee will commence. A request for an opportunity to
submit a proposal shall suspend required use of the services or imposition of the
residential waste services fee until a request for proposal process, as set forth in
paragraph (c) of this subsection (7.5), is completed. Any person who has requested
in writing an opportunity to submit a proposal to provide residential waste services
pursuant to this subparagraph (II) is eligible to participate in the proposal process. If
no written request is received within the time permitted, the governing body may
proceed to require use of or impose a fee for residential waste services without
conducting a request for proposal process as set forth in paragraph (c) of this
subsection (7.5).

(III) Any municipality or city and county that complies with paragraph (c) of
this subsection (7.5) shall not be subject to the provisions of section 31-12-119,
C.R.S.

(IV) The requirements set forth in this subsection (7.5) shall not apply to any
municipality or city and county that is legally requiring use of or imposing a fee for
residential waste services within its jurisdiction pursuant to paragraph (a) of
subsection (7) of this section on April 19, 1994, and, having complied with the notice
requirements of subsection (6) of this section applicable at the time of the initiation
of such residential waste services, chooses to extend the requirement for use of or
imposition of the fee for residential waste services to areas within the jurisdiction
that have not been annexed after April 19, 1994.

(c) The governing body shall conduct any request for a proposal process
required pursuant to this subsection (7.5) as follows:

(I) The governing body shall mail a request for proposals to all private
persons who are eligible to submit a proposal. The request for proposals shall
include a description of the portion of the jurisdiction to which residential waste
services will be provided and shall request a proposed price of providing those
services.

(II) When the jurisdiction issuing the request for proposals chooses to submit
a proposal, a certification of an independent auditor stating that the public entity's
proposed price is not based on subsidization from entity revenue streams or
operations unrelated to the provision of waste services shall be appended to the
proposal.

(III) Following review of all proposals properly submitted, the governing body
shall award a contract for the provision of residential waste services based upon
the criteria set forth in the request for proposals.

(d) As used in this subsection (7.5), residential waste services means the
collection and transportation of ashes, trash, waste, rubbish, garbage or industrial
waste products, or any other discarded materials from sources other than industrial
or commercial establishments or multifamily residences of eight or more units.

(7.7) (a) If the governing body of a jurisdiction selects a proposal submitted
by the jurisdiction, any private person who submitted a proposal may request a
review of the selection as provided in this subsection (7.7). A request for review
shall be submitted to the governing body in writing within ten days following
selection of the jurisdiction's proposal. The filing of a request shall suspend the
award until the completion of the review provided in this subsection (7.7).

(b) (I) Upon receipt of a request, the governing body, or its designee, shall
promptly select a reviewing auditor to conduct the review. The reviewing auditor
shall commence and complete its review as expeditiously as practicable.

(II) As a part of that review, the reviewing auditor shall afford the person who
submitted the request for review the opportunity to present the reviewing auditor
his or her views with respect to the governing body's determination, subject to any
reasonable procedures, guidelines, and limitations as the reviewing auditor may
prescribe, including but not limited to requiring that those views be expressed in
writing and submitted by a specific date and time. No person shall be permitted to
alter any previously submitted proposal in any respect.

(III) The reviewing auditor shall review each of the proposals submitted, but
the review shall be limited to determining:

(A) Whether the selection of the jurisdiction's proposal was made in a
manner contrary to the procedure set forth in subsection (7.5) of this section or in
the request for proposals;

(B) Whether the selection of the jurisdiction's proposal was clearly
erroneous in light of the criteria set forth in the request for proposals; and

(C) Whether the certification of an independent auditor provided pursuant to
subparagraph (II) of paragraph (c) of subsection (7.5) of this section is materially
inaccurate.

(IV) Should the reviewing auditor find that the governing body's selection of
a proposal was improper, the determination of the governing body shall be void, and
the governing body shall reconsider as expeditiously as is practicable all proposals
timely submitted and determine which proposals it will accept, giving due regard to
the determination of the reviewing auditor. No person shall be entitled to alter any
previously submitted proposal in any respect. If the reviewing auditor finds that the
governing body's selection of a proposal was proper, the selection shall be valid
and conclusive and shall not be subject to further challenge or review.

(V) The reviewing auditor's fee for performing a review pursuant to this
subsection (7.7) shall be paid by the private person requesting the review; except
that, if the governing body's selection of a proposal is found to be improper by the
reviewing auditor, the municipality or city and county shall pay the fee.

(c) As used in this subsection (7.7), a reviewing auditor shall be a qualified,
licensed, independent public accountant or public accounting firm selected by the
governing body and shall certify to the governing body in writing that it is not being
retained currently, has not been retained within the previous five years, and
currently has no basis for believing it will be retained in the future by the governing
body, any persons who have submitted proposals, or, to the accountant's or firm's
knowledge after due inquiry, any of the governing body's or person's affiliates,
partners, or relatives for the performance of accounting or other services.

(8) No ordinance, resolution, rule, regulation, service, function, or exercise of
an authorized power pursuant to this section or section 30-11-101 (1)(f) or (1)(g) or
30-11-107 (1)(u), (1)(w), (1)(y), (1)(z), or (1)(bb) or 25-1-508 (5)(g) or (5)(j), C.R.S., shall
apply within the corporate limits of any incorporated municipality, nor to any
municipal service, function, facility, or property whether owned by or leased to the
incorporated municipality, outside the municipal boundaries, unless the
municipality consents. If the municipality consents that any ordinance, resolution,
rule, regulation, service, function, or exercise of an authorized power shall apply
within the municipality or to municipal services, functions, facilities, or property
outside the municipal boundaries, such ordinance, resolution, rule, regulation,
service, function, or exercise of an authorized power shall be uniform within the
municipality and the applicable unincorporated areas of the county, unless the
county and the municipality agree otherwise pursuant to part 2 of article 1 of title
29, C.R.S.

(9) (a) No ordinance, resolution, rule, regulation, service, function, or exercise
of an authorized power pursuant to this section shall apply within the jurisdictional
boundaries of any special district enumerated in this subsection (9), nor to any
special district service, function, facility, or property whether owned by or leased to
the special district outside the special district boundaries if such ordinance,
resolution, rule, regulation, service, function, or exercise of an authorized power
would duplicate or interfere with any service or facility authorized and provided by
such special district or contravene any power authorized and exercised by such
special district, unless the county is specifically empowered by law to exercise
authority with respect thereto, or the county and the special district agree
otherwise pursuant to part 2 of article 1 of title 29, C.R.S.

(b) For purposes of this subsection (9), special district means any special
district established pursuant to article 1 of title 32, C.R.S., the three lakes water and
sanitation district established pursuant to article 10 of title 32, C.R.S., the urban
drainage and flood control district established pursuant to article 11 of title 32,
C.R.S., any metropolitan sewage disposal district established pursuant to part 4 of
article 4 of title 32, C.R.S., any drainage district established pursuant to article 20
of title 37, C.R.S., the Cherry Creek basin water quality authority established
pursuant to article 8.5 of title 25, C.R.S., any regional service authority established
pursuant to article 7 of title 32, C.R.S., and the regional transportation district
established pursuant to article 9 of title 32, C.R.S.

(10) Repealed.

(11) (a) (I) If a county is the permittee of a municipal separate storm sewer
system permit issued pursuant to part 5 of article 8 of title 25, C.R.S., the board of
county commissioners may adopt a storm water ordinance to develop, implement,
and enforce the storm water management program required by the permit.

(II) The storm water ordinance may specify that the county may:

(A) Provide for and compel the abatement of any condition that causes or
contributes to a violation of the permit or requirement from any property located
within the unincorporated portion of the county at such time, upon such notice, and
in such manner consistent with the terms of the permit as the board of county
commissioners may prescribe by ordinance;

(B) Perform the abatement upon notice to and failure of the property owner
to abate such condition; and

(C) Assess the reasonable cost of the abatement, including five percent for
inspection and other incidental costs in connection therewith, upon the property
from which such condition has been abated.

(III) Storm water ordinances adopted pursuant to this subsection (11) shall
include provisions for applying for and exercising an administrative entry and
seizure warrant issued by a county or district court having jurisdiction over the
property from which the condition is to be abated. An assessment pursuant to this
subsection (11) shall, once recorded, be a lien against such property until paid and
shall have priority based upon its date of recording. If the assessment is not paid
within a reasonable time specified by ordinance, the county clerk and recorder may
certify that fact to the county treasurer, who shall collect the assessment, together
with a ten percent penalty for the cost of collection, in the same manner as other
taxes are collected. The laws of this state for assessment and collection of general
taxes, including the laws for the sale and redemption of property for taxes, shall
apply to the collection of assessments pursuant to this subsection (11).

(b) (I) A county court or district court having jurisdiction over the property
from which such condition is to be abated pursuant to the storm water ordinance
shall issue an administrative entry and seizure warrant for the abatement of such
condition upon presentation by a county of:

(A) Ordinance provisions that meet the requirements of paragraph (a) of this
subsection (11);

(B) A sworn or affirmed affidavit stating the factual basis for such warrant;

(C) Evidence that the property owner has received notice of the condition
and has failed to abate the condition within a reasonable prescribed period;

(D) A general description of the location of the property that is the subject of
the warrant; and

(E) A general list of corrective action needed.

(II) Within ten days after the date of issuance of an administrative entry and
seizure warrant pursuant to the provisions of this paragraph (b), the executing
authority shall:

(A) Execute such warrant in accordance with directions by the issuing court;

(B) Provide or mail a copy of such warrant to the property owner; and

(C) Submit proof of the execution of such warrant, including a written
inventory of any property impounded by the executing authority, to the court.

Legislative History

Source: L. 79: Entire part added, p. 1144, � 1, effective May 24. L. 80: (1)(a) amended and (3) to (7) added, p. 744, � 7, effective June 30; (1)(i) added, p. 479, � 2, effective July 1. L. 82: (1)(c) amended, p. 626, � 31, effective April 12. L. 83: (1)(a)(I) amended, p. 1488, � 3, effective June 1; (1)(j) added, p. 718, � 2, effective July 1. L. 84: (1)(n) added, p. 442, � 2, effective March 16. L. 85: (1)(l) added, p. 1059, � 1, effective July 1. L. 86: (1)(c) amended, p. 784, � 6, effective April 21. L. 87: (1)(a)(I) amended and (1)(a)(I.5) added, p. 1208, � 1, effective May 14; (3) amended, p. 1570, � 5, effective July 1. L. 88: (1)(m) added, p. 1115, � 1, effective May 19. L. 90: IP(1), (1)(a)(V), and (1)(h) amended and (1)(n) to (1)(q), (8), and (9) added, p. 1449, �� 3, 4, effective July 1. L. 91: (1)(p) amended, p. 1919, � 44, effective June 1. L. 92: (1)(a)(I) and (1)(a)(I.5) amended, p. 967, � 11, effective June 1. L. 93: (1)(q) amended, p. 1199, � 18, effective July 1. L. 93, 1st Ex. Sess.: (1)(d.5) added, p. 34, � 2, effective September 13. L. 94: (6) and (7) amended and (7.5) and (7.7) added, p. 698, � 1, effective April 19; (1)(a)(V)(D) amended and (1)(k.5) and (1)(o.5) added, p. 1238, � 9, effective May 22; (1)(m)(I) and (3) amended, p. 2564, � 77, effective January 1, 1995. L. 95: (1)(n.5) added, p. 546, � 1, effective May 22. L. 98: (1.5) added, p. 153, � 1, effective July 1; (1)(d.5) amended, p. 826, � 41, effective August 5. L. 99: (1)(d.5) amended, p. 270, � 1, effective August 4; (1)(h) amended, p. 368, � 3, effective August 4. L. 2002, 3rd Ex. Sess.: (1)(n.5) amended, p. 43, � 1, effective July 18. L. 2004: (1)(n.5) amended, p. 1966, � 5, effective August 4. L. 2006: (1)(a)(I.5)(A) amended, p. 138, � 1, effective August 7. L. 2006, 1st Ex. Sess.: (10) added, p. 29, � 2, effective January 1, 2007. L. 2007: (11) added, p. 400, � 1, effective April 9; (1)(n.5) amended and (1)(n.7) added, p. 492, � 2, effective August 3. L. 2008: (1)(a)(V)(B) and (8) amended, p. 2054, � 11, effective July 1; (2)(a) amended, p. 58, � 3, effective August 5. L. 2010: (1)(r) added, (HB 10-1118), ch. 348, p. 1606, � 1, effective August 11. L. 2011: IP(1) and (1)(n.5) amended, (SB 11-110), ch.110, p. 342, � 2, effective April 13. L. 2013: (1) (a) (I.5) (A) amended, (HB 13-1137), ch. 15, p. 39, � 1, effective August 7; IP (1) (n.5) (II) amended, (HB 13-1300), ch. 316, p. 1694, � 98, effective August 7. L. 2017: IP(1), (1)(i), and (1)(k) amended, (SB 17-228), ch. 246, p. 1041, � 6, effective August 9; IP(1) and (1)(n.7) amended, (SB 17-222), ch. 245, p. 1027, � 4, effective August 9. L. 2019: IP(1)(n.5)(V), (1)(n.5)(V)(A), and (1)(n.7) amended, (SB 19-019), ch. 44, p. 150, � 1, effective March 21; IP(1), IP(1)(m)(II), and (1)(m)(II)(B) amended, (SB 19-181), ch. 120, p. 505, � 5, effective April 16; (1.7) added, (SB 19-240), ch. 351, p. 3244, � 2, effective May 29; (1.5) amended, (HB 19-1033), ch. 53, p. 185, � 4, effective July 1; (1.5) amended, (HB 19-1076), ch. 337, p. 3098, � 9, effective July 1. L. 2020: (1.5) amended, (HB 20-1001), ch. 302, p. 1505, � 5, effective July 14; (1)(s) added, (HB 20-1093), ch. 65, p. 265, � 1, effective September 14; (7)(a) amended, (HB 20-1074), ch. 48, p. 166, � 2, effective September 14. L. 2021: (1)(t) added, (SB 21-070), ch. 23, p. 108, � 1, effective September 7; (10) repealed, (SB 21-077), ch. 186, p. 997, � 5, effective September 7; (1)(d.5) amended, (SB 21-059), ch. 136, p. 751, � 137, effective October 1; (10) repealed, (SB 21-199), ch. 351, p. 2282, � 5, effective July 1, 2022. L. 2023: (1)(h) amended, (HB 23-1233), ch. 245, p. 1320, � 5, effective May 23; (1.7) amended, (SB 23-271), ch. 444, p. 2618, � 12, effective June 7; (1)(s)(I) amended and (1)(s)(III), (1)(s)(IV), (1)(s)(V), and (1)(s.5) added, (HB 23-1287), ch. 380, p. 2279, � 1, effective August 7. L. 2024: (1)(h)(I)(B) amended, (HB 24-1304), ch. 159, p. 741, � 3, effective August 7.