C.R.S. Section 33-6-102
Items constituting public nuisance

  • when
  • seizure


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.


Intentionally left blank —Ed.


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.


Intentionally left blank —Ed.


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.


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.


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.


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:


To the fees and costs of removal and sale;


To the payment of the state’s costs on such action; and


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:


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


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.


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.


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.

Source: Section 33-6-102 — Items constituting public nuisance - when - seizure, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-33.­pdf (accessed Oct. 20, 2023).

Powers and duties of officers
Items constituting public nuisance - when - seizure
Prosecution of offenses
Imposition of penalty - procedures
Disposition of fines and surcharges
Suspension of license privileges
Licensing violations - penalties - rule
Possession as prima facie evidence
Wildlife - illegal possession
Division action to recover possession and value of wildlife unlawfully taken
Inspection of license and wildlife - check stations - failure to tag - eluding an officer
Evidence of wildlife sex and species
Illegal sale of wildlife
Illegal businesses on division property
Transportation, importation, exportation, and release of wildlife
Native and nonnative fish - possession, transportation, importation, exportation, and release - penalties
Theft of wildlife - tampering with trap
Hunting, trapping, and fishing - intentional interference with lawful activities
Hunting, trapping, or fishing on private property - posting public lands
Willful destruction of wildlife - legislative intent
Killing of big game animals in contest prohibited
Pursuit of wounded game - waste of edible game wildlife - use of wildlife as bait
Hunting, trapping, or fishing out of season or in a closed area
Hunters to wear fluorescent pink or daylight fluorescent orange garments
Hunting in a careless manner - definition
Hunting under the influence
Use of a motor vehicle or aircraft - rules
Possession of a loaded firearm in a motor vehicle
Shooting from a public road
Hunting with artificial light, night vision, or thermal imaging devices
Damage or destruction of dens or nests - harassment of wildlife
Damage to property or habitat under division control
Explosives, toxicants, and poisons not to be used
Knowingly luring bears
Computer-assisted remote hunting prohibited
Legislative declaration - scope and purpose of part
General prohibition - penalties
General exemptions - conduct “authorized by law”
Exemption - departments of health
Exemptions - nonlethal methods
Exemption - landowners’ protection of crops and livestock - definitions - authority of division and of department of agriculture
Thirty-day period - administration - conditions precedent to use of exemption
Poisons - labeling - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 33-6-102’s source at colorado​.gov