Colorado § 16-13-304 - Class 2 public nuisance.

§ 16-13-304. Class 2 public nuisance.

(1) The following are deemed to be a class 2 public nuisance:

(a) Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the public street or highway; or

(b) Any public or private place or premises which encourages professional gambling, unlawful use, sale, or distribution of imitation controlled substances, as defined in section 18-18-420 (3), C.R.S., drugs, controlled substances, as defined in section 18-18-102 (5), C.R.S., or other drugs the possession of which is an offense under the laws of this state, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under the age of twenty-one, solicitation for prostitution, or traffic in stolen property; or

(b.5) Any public or private place or premises used for soliciting by means of a prerecorded message in violation of section 18-9-311 (1), C.R.S.; or

(c) Any public or private place used for a purpose declared to be a class 2 public nuisance by any other statute of this state.

(2) It is not a violation of this section if a person is acting in compliance with section 18-18-434, article 170 of title 12, or article 50 of title 44.

Source: L. 72: R&RE, p. 260, § 1. C.R.S. 1963: § 39-13-304. L. 81: (1)(b) amended, p. 737, § 18, effective July 1. L. 83: (1)(b) amended, p. 704, § 3, effective July 1. L. 88: (1)(b.5) added and (1)(c) amended, p. 346, § 12, effective July 1. L. 92: (1)(b) amended, p. 391, § 17, effective July 1. L. 95: (1)(b) amended, p. 463, § 6, effective July 1. Initiated 2022: (2) added, Proposition 122, L. 2023, p. 3591, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (2) amended, (SB 23-290), ch. 249, p. 1411, § 23, effective July 1.

Editor's note: Subsection (2) was added by Proposition 122, effective upon proclamation of the governor, December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:

FOR: 1,296,992

AGAINST: 1,121,124

ANNOTATION

Law reviews. For article, "State and Federal Forfeiture of Property Used in Criminal Activity", see 11 Colo. Law. 2597 (1982).

Annotator's note. Since § 16-3-304 is similar to repealed § 39-15-2, CRS 1963, and laws antecedent to CSA, C 1, § 2, relevant cases construing those provisions have been included in the annotations to this section.

Information alleging encouragement of illegal acts sufficient. In an information charging that defendant kept a disorderly house to the encouragement of drinking, gambling, or lewdness, it is not essential that particular acts should be set out in the information, because the charge is that the house was kept to the encouragement of those acts, and not that the defendant was guilty of the acts themselves. Howard v. People, 27 Colo. 396, 61 P. 595 (1900).

Evidence sufficient to establish conduct of patrons was nuisance requiring abatement. Steinberg v. People ex rel. Keating, 154 Colo. 264, 390 P.2d 811 (1964).

Evidence sufficient to support finding of knowledge of solicitation for prostitution on premises. Edelweiss, Inc. v. People ex rel. Keating, 154 Colo. 154, 389 P.2d 189 (1964).