C.R.S. Section 33-6-104
Imposition of penalty

  • procedures

(1)

A person is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars, a surcharge as described in section 24-33.5-415.6, and an assessment of five license suspension points for a violation of any of the following for which there is not an associated statutory penalty listed:

(a)

A provision of articles 1 to 6 of this title 33; or

(b)

A rule of the commission promulgated pursuant to one or more of the articles specified in subsection (1)(a) of this section.
(2)(a)(I) At the time that a person is charged with violating any misdemeanor or civil infraction provision of articles 1 to 6 of this title 33 or a rule of the commission, the officer shall issue a summons and complaint to the alleged offender or, in the case of a violation for which a fine of a fixed amount is prescribed, may give the alleged offender an opportunity to voluntarily pay the fine and surcharge in the form of a penalty assessment.

(II)

An officer shall not issue a penalty assessment for violations for which minimum and maximum fines have been established. The penalty assessment notice given to the alleged offender must:

(A)

Contain the information required for a summons and complaint;

(B)

Be in the form of a summons and complaint; and

(C)

Specify in dollars the amount of the penalty to be assessed for the alleged offense and the amount of the surcharges to be collected pursuant to sections 24-4.2-104 (1) and 24-33.5-415.6.

(b)

If the alleged offender accepts the penalty assessment notice and pays the fine and the surcharges entered on the fine to the division within twenty days of issuance of the notice, the alleged offender’s acceptance and payment constitutes an acknowledgment of guilt of the violation set forth in the penalty assessment notice.

(c)

Intentionally left blank —Ed.

(I)

An officer may take any person who accepts a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard a written promise to pay the specified fine and surcharges to the nearest known post office facility to require that the person remit the amount of the specified fine and surcharges to the division immediately by mail in United States currency or other legal tender or by money order or by personal check.

(II)

Refusal or inability to remit the specified fine and surcharges by mail when required constitutes a refusal to accept a penalty assessment notice. The officer shall advise the person arrested of the license suspension points to be assessed in accordance with section 33-6-106.

(III)

Checks tendered by the violator to and accepted by the division and for which payment is received by the division are deemed sufficient receipt. If the fine and surcharges are not paid, then the officer who issued the penalty assessment notice shall docket the summons and complaint with a court of competent jurisdiction for appearance by the person to answer the charges contained in the summons and complaint at the time and place specified in the summons and complaint.

(3)

Intentionally left blank —Ed.

(a)

Service of a copy of a summons and complaint or penalty assessment notice issued pursuant to subsection (2) of this section must be provided at least ten days before the date set for a hearing on the matter by:

(I)

Providing personal service of the copy directly to the alleged offender;

(II)

Leaving the copy at the alleged offender’s last-known place of residence with an individual who is eighteen years of age or older and who resides at the residence; or

(III)

Mailing the copy to the alleged offender’s last-known place of residence by certified mail, return receipt requested. Service by certified mail is complete upon return of the receipt signed by the alleged offender.

(b)

An individual who provides personal service pursuant to subsection (3)(a)(I) of this section must be a disinterested party who is eighteen years of age or older.

Source: Section 33-6-104 — Imposition of penalty - procedures, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-33.­pdf (accessed Oct. 20, 2023).

33‑6‑101
Powers and duties of officers 33‑6‑102
Items constituting public nuisance - when - seizure 33‑6‑103
Prosecution of offenses 33‑6‑104
Imposition of penalty - procedures 33‑6‑105
Disposition of fines and surcharges 33‑6‑106
Suspension of license privileges 33‑6‑107
Licensing violations - penalties - rule 33‑6‑108
Possession as prima facie evidence 33‑6‑109
Wildlife - illegal possession 33‑6‑110
Division action to recover possession and value of wildlife unlawfully taken 33‑6‑111
Inspection of license and wildlife - check stations - failure to tag - eluding an officer 33‑6‑112
Evidence of wildlife sex and species 33‑6‑113
Illegal sale of wildlife 33‑6‑113.5
Illegal businesses on division property 33‑6‑114
Transportation, importation, exportation, and release of wildlife 33‑6‑114.5
Native and nonnative fish - possession, transportation, importation, exportation, and release - penalties 33‑6‑115
Theft of wildlife - tampering with trap 33‑6‑115.5
Hunting, trapping, and fishing - intentional interference with lawful activities 33‑6‑116
Hunting, trapping, or fishing on private property - posting public lands 33‑6‑117
Willful destruction of wildlife - legislative intent 33‑6‑118
Killing of big game animals in contest prohibited 33‑6‑119
Pursuit of wounded game - waste of edible game wildlife - use of wildlife as bait 33‑6‑120
Hunting, trapping, or fishing out of season or in a closed area 33‑6‑121
Hunters to wear fluorescent pink or daylight fluorescent orange garments 33‑6‑122
Hunting in a careless manner - definition 33‑6‑123
Hunting under the influence 33‑6‑124
Use of a motor vehicle or aircraft - rules 33‑6‑125
Possession of a loaded firearm in a motor vehicle 33‑6‑126
Shooting from a public road 33‑6‑127
Hunting with artificial light, night vision, or thermal imaging devices 33‑6‑128
Damage or destruction of dens or nests - harassment of wildlife 33‑6‑129
Damage to property or habitat under division control 33‑6‑130
Explosives, toxicants, and poisons not to be used 33‑6‑131
Knowingly luring bears 33‑6‑132
Computer-assisted remote hunting prohibited 33‑6‑201
Legislative declaration - scope and purpose of part 33‑6‑202
Definitions 33‑6‑203
General prohibition - penalties 33‑6‑204
General exemptions - conduct “authorized by law” 33‑6‑205
Exemption - departments of health 33‑6‑206
Exemptions - nonlethal methods 33‑6‑207
Exemption - landowners’ protection of crops and livestock - definitions - authority of division and of department of agriculture 33‑6‑208
Thirty-day period - administration - conditions precedent to use of exemption 33‑6‑209
Poisons - labeling - definitions
Green check means up to date. Up to date

Current through Fall 2024

§ 33-6-104’s source at colorado​.gov