§ 43-1-417 — Violation and penalty

(1) The erection of any advertising device
without a permit from the department where one is required by this part 4, or the
use or maintenance of any advertising device in violation of any provision of this
part 4, is declared to be illegal. In addition to other remedies provided by law,
including the department's ability to seek a court order enjoining violations, the
department is authorized to institute an appropriate action or proceeding to prevent
or remove such violation in any district court of competent jurisdiction. The removal
of any advertising device unlawfully erected, used, or maintained shall be at the
expense of the person who erects and maintains such a device.

(2) Any person who violates any provision of this part 4, upon being found
liable thereof, shall be subject to a fine of not less than one hundred dollars nor
more than one thousand dollars for each violation, as ordered by a court of
competent jurisdiction. Each day of violation of a provision of this part 4 shall
constitute a separate violation. The department shall enforce the provisions of this
part 4 through a civil action.

(3) Only the department, or a person with the written approval of the
department, may erect or maintain any advertising device located either wholly or
partly within the right-of-way of any state highway that is a part of the state
highway system, including streets within cities, cities and counties, and
incorporated towns. All advertising devices so located without approval by the
department are public nuisances, and any law enforcement officer or peace officer
in the state of Colorado or employee of the department is authorized and directed
to remove these devices without notice.

Legislative History

Source: L. 81: Entire part R&RE, p. 2018, � 1, effective July 1. L. 95: (3)(a) amended, p. 278, � 2, effective April 20. L. 2021: Entire section amended, (SB 21-263), ch. 388, p. 2592, � 8, effective June 30.