§ 33-32-108 — Enforcement

Colorado § 33-32-108

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: River Outfitters

Text

(1) (a) Every peace officer, as defined in this
section, has the authority to enforce the provisions of this article and in the exercise
of such authority is authorized to stop and board any vessel.

(b) As used in this section, peace officer means any division of parks and
wildlife officer or any sheriff or city and county law enforcement officer certified by
the peace officers standards and training board pursuant to part 3 of article 31 of
title 24, C.R.S.

(2) (a) Any actual expenses incurred by a governmental entity for
backcountry search and rescue efforts stemming from any river running activity
conducted for consideration by a river outfitter pursuant to this article 32 shall be
reimbursed by said river outfitter. Such expenses shall include but not be limited to
hours worked, fuel, a reasonable fee for use of equipment, and equipment repair or
replacement costs, if any.

(b) Pursuant to subsection (2)(a) of this section, any expenses incurred by
governmental entities stemming from backcountry search and rescue efforts that
are reimbursed by a river outfitter shall be distributed as follows:

(I) If to local law enforcement agencies, on a pro rata basis in proportion to
the amount of assistance rendered thereby;

(II) If to the division of parks and wildlife, one-half of the moneys shall be
credited to the parks and outdoor recreation cash fund, created in section 33-10-111,
and one-half shall be credited to the wildlife cash fund, created in section 33-1-112.

(III) (Deleted by amendment, L. 2011, (SB 11-208), ch. 293, p. 1393, � 24,
effective July 1, 2011.)

(3) (a) (I) If an authorized representative of the division conducts an
inspection or investigation and determines that any provision of this article or any
regulation promulgated pursuant to this article has been violated and that such
violation creates or may create an emergency condition which may have a
significant adverse effect on the health, safety, or welfare of any person, then such
authorized representative shall immediately issue an order to the violating party to
cease and desist the violating activity.

(II) Any order issued pursuant to this paragraph (a) shall set forth:

(A) The section of this article or the regulation promulgated pursuant to this
article allegedly violated;

(B) The factual basis for the allegation of a violation; and

(C) A mandate that all violating activities cease immediately.

(III) (A) The recipient of any cease-and-desist order issued pursuant to this
paragraph (a) may request a hearing to determine whether a violation of this article
or of any regulation promulgated pursuant to this article has actually occurred if
such request is made in writing within thirty days after the date of the service of the
cease-and-desist order.

(B) Any hearing conducted pursuant to this subsection (3)(a)(III) shall be in
accordance with section 33-32-109 (3) and (4).

(b) If a person fails to comply with a cease-and-desist order issued pursuant
to paragraph (a) of this subsection (3), the director may request the attorney
general or the district attorney for the judicial district in which the alleged violation
occurred to bring an action for a temporary restraining order and for injunctive
relief to enforce such cease-and-desist order.

(c) No stay of a cease-and-desist order may be issued until a hearing at
which all parties are present has been held.

Legislative History

Source: L. 84: Entire article added, p. 930, � 1, effective May 9. L. 94: Entire section amended, p. 1229, � 7, effective July 1. L. 2011: (1)(b), IP(2)(b), (2)(b)(II), and (2)(b)(III) amended, (SB 11-208), ch. 293, p. 1393, � 24, effective July 1. L. 2012: (1)(b) amended, (HB 12-1283), ch. 240, p. 1136, � 54, effective July 1. L. 2021: (2)(a) and IP(2)(b) amended, (SB 21-245), ch. 358, p. 2339, � 8, effective June 27. L. 2024: (3)(a)(III)(B) amended, (SB 24-161), ch. 150, p. 608, � 6, effective August 7.