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Ex. DUT-CO-003 Standing duty Primary source read

C.R.S. § 25-1-114 (Unlawful acts - penalties)

Unlawful acts - penalties

Colorado General Assembly (OLLS, Colorado Revised Statutes 2018) · Colorado (State)

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The record

Jurisdiction
Colorado
Level
State
Authority
C.R.S. title 25, art. 1, part 1 (public health laws)
Issued
2018-10-01 Oct. 1, 2018
Effective
In force throughout 2020 Q2 - 2021 Q3 (read as 2018-10-01)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 1, 2018 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOther
Addressees
  • persons generally; employers; owners or persons in control of premises; corporations and their officers
Character
order penalty
Collection
Standing duties: Colorado DUT-CO

Operative words

It is unlawful for any person, association, or corporation, and the officers thereof: (a) To willfully violate, disobey, or disregard... the terms of any lawful notice, order, standard, rule, or regulation issued pursuant thereto... guilty of a misdemeanor... a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year

Penalty

Misdemeanor: fine of not more than $1,000, or county jail not more than one year, or both, plus liability for health authorities' abatement expense (subsection (4), 2018 text); 'Conviction... shall not relieve any person from any civil action in damages'

What it required

Bound every person, association and corporation, and their officers, to obey every lawful CDPHE notice, order, standard, rule or regulation, on pain of misdemeanor prosecution, and preserved civil damages actions for injuries resulting from violations of the public health laws.

Retrieval note

Pin: pp. 18-19 of 1,048. Same file as DUT-CO-001. Subsection (4) in full: 'Except as provided in subsection (5) of this section, any person, association, or corporation, or the officers thereof, who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment and, in addition to such fine and imprisonment, shall be liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 1 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.' Every PHO in the CO series recites this penalty (e.g., Ex. CO-013 § V: 'a fine of up to one thousand (1,000) dollars and imprisonment in the county jail for up to one year, pursuant to 25-1-114, C.R.S.'). The current code (FindLaw, as of Jan. 1, 2025) reads 'class 2 misdemeanor' in subsection (4); that reclassification postdates the period (the amending act and its effective date were not verified in this packet). § 25-1-114.1 (p. 20) adds civil remedies for violations of final enforcement orders under minimum general sanitary standards (civil penalty up to $1,000 per day for willful violations).