Colorado § 9-2.5-104 - Violation.

§ 9-2.5-104. Violation.

(1) (a) A person who violates this article may be subject to a civil penalty not to exceed one thousand dollars, to be imposed by any court of competent jurisdiction and credited to the general fund.

(b) A person who violates this article more than once may be subject to a civil penalty not to exceed two thousand dollars for each violation, to be imposed by a court of competent jurisdiction and credited to the general fund. A person who violates this article more than once may be liable for reasonable attorney fees and costs incurred in the prosecution of the violations as determined by the court.

(2) If a violation of this article results in physical or electrical contact with any high voltage overhead line, the person or business entity violating this article shall be liable to the owner or operator of the high voltage overhead line for damages to the facilities caused by the contact and for the liability incurred by the owner or operator due to the contact.

(3) Provisions of subsection (2) of this section notwithstanding, any person or business entity who has made arrangements for safety clearances and who commences any prohibited activity, work, or operation prior to such safety clearances having been made shall be liable for any damages incurred as a result of physical or electrical contact with the high voltage overhead line.

Source: L. 83: Entire article added, p. 443, § 1, effective July 1. L. 2003: (1) and (2) amended, p. 1413, § 2, effective April 29.

ANNOTATION

Public utility was entitled to indemnification from plaintiff's employer with regard to plaintiff's claims against the public utility because the work performed by the plaintiff to hang lights on a tree could reasonably be expected to be performed within ten feet of the overhead power line, thus triggering the notification requirement under this article, and plaintiff's employer, as the business entity that contracted for performance of the work, failed to notify the public utility of the work. Cuevas v. Pub. Serv. Co. of Colo., 2023 COA 64M, 537 P.3d 418, aff'd sub nom. Pub. Serv. Co. v. Outdoor Design LLC, 2026 CO 6, 583 P.3d 778.

The liability imposed under this section does not include the payment of costs and attorney fees. Cuevas v. Pub. Serv. Co. of Colo., 2023 COA 64M, 537 P.3d 418, aff'd in part, vacated in part on other grounds, 2026 CO 6, 583 P.3d 778.

This section does not permit an employee covered by the Workers' Compensation Act to seek additional remedies beyond those allowed by said act. Rodriguez v. Nurseries, Inc., 815 P.2d 1006 (Colo. App. 1991).