Colorado § 33-32-107 - River outfitters - prohibited operations - penalties.

§ 33-32-107. River outfitters - prohibited operations - penalties.

(1) (a) No river outfitter shall operate a river-outfitting business without a valid license as prescribed by section 33-32-104 or without insurance as provided in section 33-32-105 (1)(b). Any river outfitter that violates this paragraph (a):

(I) Commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.;

(II) Is liable for an administrative penalty of five times the annual licensing fee established pursuant to section 33-32-104 (2).

(b) If the river outfitter is a corporation, violation of this subsection (1) shall result in the officers of said corporation jointly and severally committing a class 2 misdemeanor, and said officers shall be punished as provided in section 18-1.3-501, C.R.S.

(2) It is unlawful for any river outfitter, guide, trip leader, or guide instructor to:

(a) Violate the safety equipment provisions of section 33-13-106. Any person who violates the provisions of this subsection (2)(a) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars; except that any person who fails to have one personal flotation device for each person on board as required by section 33-13-106 (3)(a) commits a class 2 misdemeanor.

(b) Operate a vessel in a careless or imprudent manner without due regard for river conditions or other attending circumstances, or in such a manner as to endanger any person, property, or wildlife. Any person who violates the provisions of this subsection (2)(b) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.

(b.5) Allow another person to operate a vessel without due regard for river conditions or other attending circumstances or in such a manner as to endanger any person, property, or wildlife. A person who violates this subsection (2)(b.5) commits a petty offense and, upon conviction, shall be punished by a fine of one hundred dollars.

(c) Operate a vessel with wanton or willful disregard for the safety of persons or property. Any person who violates the provisions of this subsection (2)(c) commits a class 2 misdemeanor and, upon conviction thereof, shall be punished as provided in section 18-1.3-501.

(3) (Deleted by amendment, L. 94, p. 1229, § 6, effective July 1, 1994.)

(4) (a) No river outfitter or guide shall operate or maintain physical control of or allow any other person to operate or maintain physical control of a vessel on a regulated trip if such river outfitter, guide, or person is under the influence of alcohol or any controlled substance or any combination thereof, as specified in section 33-13-108.1.

(b) Any person who violates this subsection (4) commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

Source: L. 84: Entire article added, p. 930, § 1, effective May 9; (2)(a) amended, p. 1125, § 46, effective June 7. L. 88: (1), IP(2), and (3) amended, p. 1171, § 9, effective October 1. L. 94: (3) amended and (4) added, p. 1229, § 6, effective July 1. L. 97: (2)(a) amended, p. 1607, § 7, effective June 4. L. 2002: (1), (2), and (4)(b) amended, p. 1545, § 299, effective October 1. L. 2010: (1) amended, (HB 10-1221), ch. 353, p. 1642, § 8, effective August 11. L. 2020: (2)(b.5) added, (HB 20-1087), ch. 49, p. 172, § 13, effective March 20. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3273, § 604, effective March 1, 2022.

Cross references: For the legislative declaration contained in the 2002 act amending subsections (1), (2), and (4)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.

ANNOTATION

Law reviews. For comment, "The Public Trust Doctrine — A Tool for Expanding Recreational Rafting Rights in Colorado", see 57 U. Colo. L. Rev. 625 (1986).