Colorado § 18-13-109 - Firing woods or prairie.

§ 18-13-109. Firing woods or prairie.

(1) (a) Except as otherwise provided in subsection (2) of this section, any person who, without lawful authority and knowingly, recklessly, or with criminal negligence, sets on fire, or causes to be set on fire, any woods, prairie, or grounds of any description, other than his or her own, or who, knowingly, recklessly, or with criminal negligence, permits a fire, set or caused to be set by such person, to pass from his or her own grounds to the injury of any other person commits a petty offense.

(b) Any person convicted under paragraph (a) of this subsection (1) shall be assessed a fine of not less than two hundred fifty dollars and not greater than one thousand dollars. The fine imposed by this paragraph (b) shall be mandatory and not subject to suspension. Nothing in this paragraph (b) shall be construed to limit the court's discretion in exercising other available sentencing alternatives in addition to the mandatory fine.

(2) (a) Any person who knowingly violates paragraph (a) of subsection (1) of this section and who knows or reasonably should know that he or she violates any applicable order, rule, or regulation lawfully issued by a governmental authority that prohibits, bans, restricts, or otherwise regulates fires during periods of extreme fire hazard and that is designed to promote the safety of persons and property, commits a class 6 felony.

(b) The following activities do not constitute offenses under this subsection (2):

(I) Open burning lawfully conducted in the course of agricultural operations;

(II) State, municipality, or county fire management operations;

(III) Lawfully conducted prescribed or controlled burns;

(IV) Lawful activities conducted pursuant to rules, regulations, or policies adopted by the relevant state, tribal, or federal regulatory agency or agencies.

Source: L. 71: R&RE, p. 484, § 1. C.R.S. 1963: § 40-13-109. L. 75: Entire section amended, p. 211, § 29, effective July 16. L. 77: Entire section amended, p. 971, § 66, effective July 1. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 37, § 2, effective July 17. L. 2013: IP(2)(b) and (2)(b)(III) amended, (SB 13-083), ch. 249, p. 1308, § 9, effective May 23. L. 2021: (1)(a) amended, (SB 21-271), ch. 462, p. 3214, § 361, effective March 1, 2022.

Cross references: (1) For a civil action for damages from fire set in woods or prairie, see § 13-21-105.

(2) In 2013, the introductory portion to subsection (2)(b) and subsection (2)(b)(III) were amended by the "Colorado Prescribed Burning Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 249, Session Laws of Colorado 2013.

ANNOTATION

An action for strict liability for violation of this section may not lie. King v. U.S., 53 F. Supp. 2d 1056 (D. Colo. 1999).