§ 33-6-102 — Items constituting public nuisance - when - seizure

Colorado § 33-6-102

• Jurisdiction: Colorado
• Title 33: Parks and
• Art.: Law Enforcement and Penalties - Wildlife

Text

(1) Every
motor vehicle, vessel, firearm, seine, net, trap, explosive, poisonous or stupefying
substance, or other personal property used in the hunting, taking, or harassing of
wildlife in violation of the provisions of articles 1 to 6 of this title is declared to be a
public nuisance. Every such item shall be subject to seizure, confiscation, and
forfeiture or destruction as provided in this section, unless the possession of said
property is not unlawful and the owner of said property was not a party to the
violation and would suffer undue hardship by the sale, confiscation, or destruction
of the property.

(2) (a) Any personal property subject to seizure, confiscation, and forfeiture
or destruction under the provisions of this section, which is seized as a part of or
incident to a criminal proceeding for violation of the provisions of articles 1 to 6 of
this title and for which disposition is not provided by another statute of this state,
shall be disposed of as provided in this section.

(b) (I) The division shall be in violation of this section if it seizes any personal
property that is not part of or incident to a criminal proceeding for violation of
articles 1 to 6 of this title and does not return such property on demand.

(II) If the division violates subparagraph (I) of this paragraph (b) or any other
provision of law when seizing personal property, the division shall be charged one
hundred dollars per day per violation plus any attorney's fees incurred by the owner
of the property.

(3) Any such property, the possession of which is illegal and which in the
opinion of the court having jurisdiction over the criminal proceeding is not properly
the subject of a sale, may be destroyed pursuant to a warrant for the destruction of
personal property issued by the court and directed to the division. The court shall
stay the execution of any such warrant during the period in which the property is
used as evidence in any pending criminal or civil proceeding.

(4) Except as otherwise provided in this section, the court may order any
such property sold by the division in the manner provided for sales on execution.
The proceeds of the sale shall be applied as follows:

(a) To the fees and costs of removal and sale;

(b) To the payment of the state's costs on such action; and

(c) The balance, if any, or any portion thereof not otherwise distributed
pursuant to this paragraph (c), to the wildlife cash fund. Instead of being deposited
in the wildlife cash fund, such balance or any portion thereof may be transmitted,
upon order of the court, as follows:

(I) To the seizing agency, if the court finds that the proceeds can be used by
such agency;

(II) To any person who suffers bodily injury or property damage as a result of
the action which constitutes the violation, if said person petitions the court therefor.

(5) In lieu of ordering the sale or destruction of such property, the court may,
if it finds that it can be used by the agency which seized it, order it delivered to the
agency for such use.

(6) The division shall not undertake any seizure of property pursuant to this
section unless the division has complied with parts 3 and 5 of article 13 of title 16,
C.R.S., as applicable.

Legislative History

Source: L. 84: Entire article R&RE, p. 865, � 1, effective January 1, 1985. L. 94: (1) amended, p. 1580, � 7, effective May 31. L. 96: (2) amended and (6) added, p. 375, �� 3, 2, effective April 17.