Colorado § 25-1-516 - Unlawful acts - penalties.

§ 25-1-516. Unlawful acts - penalties.

(1) It is unlawful for any person, association, or corporation and the officers thereof to:

(a) Willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, or rule;

(b) Fail to make or file a report required by law or rule of the state board relating to the existence of disease or other facts and statistics relating to the public health;

(c) Willfully and falsely make or alter a certificate or certified copy of any certificate issued pursuant to the public health laws;

(d) Willfully fail to remove from private property under his or her control at his or her own expense, within forty-eight hours after being ordered to do so by the county or district public health agency, any nuisance, source of filth, or cause of sickness within the jurisdiction and control of the agency whether the person, association, or corporation is the owner, tenant, or occupant of the private property; except that, when the condition is due to an act of God, it shall be removed at public expense; or

(e) Pay, give, present, or otherwise convey to any officer or employee of an agency any gift, remuneration, or other consideration, directly or indirectly, that the officer or employee is forbidden to receive by the provisions of this part 5.

(2) It is unlawful for any officer or employee of any agency or member of any county or district board of health to accept any gift, remuneration, or other consideration, directly or indirectly, for an incorrect or improper performance of the duties imposed upon him or her by or on behalf of the agency or by the provisions of this part 5.

(3) Any person, association, or corporation, or the officers thereof, who violates any provision of this section commits a class 2 misdemeanor and, upon conviction thereof, shall be punished pursuant to the provisions of section 18-1.3-501. In addition to the fine or imprisonment, the person, association, or corporation shall be liable for any expense incurred by health authorities in removing any nuisance, source of filth, or cause of sickness. Conviction under the penalty provisions of this part 5 or any other public health law shall not relieve any person from any civil action in damages that may exist for an injury resulting from any violation of the public health laws.

Source: L. 2008: Entire part R&RE, p. 2048, § 1, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3232, § 443, effective March 1, 2022.

Editor's note: This section is similar to former § 25-1-514 as it existed prior to 2008.

ANNOTATION

Law reviews. For article, "A Review of the 1959 Constitutional and Administrative Law Decisions", see 37 Dicta 81 (1960).

Annotator's note. Since § 25-1-516 is similar to § 25-1-514 as it existed prior to the 2008 repeal and reenactment of this part 5, a relevant case construing that provision has been included in the annotations to this section.

This section is unlawful delegation of legislative power to define crime. Section 25-1-507(1)(d), delegating power to local boards of health to adopt rules and regulations, and subsection (1)(a), providing that a violation of such rules and regulations shall be a misdemeanor, constitute an unlawful delegation of power to the executive department to define a crime in violation of art. III, Colo. Const. Casey v. People, 139 Colo. 89, 336 P.2d 308 (1959).

Only general assembly may declare an act to be a crime, and that precious power cannot be delegated to others not elected by or responsible to the people. Casey v. People, 139 Colo. 89, 336 P.2d 308 (1959).