HomeMy WebLinkAbout750639.tiff G.ceeley, Colorado
. .11 2, 1975
Board of County Commissioners
Weld County
Greeley, Colorado
RE: SPILLAGE OF MATERIAL ON COUNTY HIGHWAYS
Gentlemen:
Recently there has been complaint of trash and other foreign substances
deposited or thrown on or along the County roads and highways.
TITLE 18, ARTICLE 4, SECTION 511, CRS 1973, LITTERING OF PUBLIC
AND PRIVATE PROPERTY, provides in part as follows:
". . . (3) (a) The term "litter" as used in this section means all
rubbish, waste material, refuse, garbage, trash, debris, or
other foreign substances, solid or liquid, of every form, size,
kind, and description.
(b) The phrase "public or private property" as used in this
section includes, but is not limited to, the right-of-way of any
road or highway, any body of water or watercourse, including
frozen areas or the shores or beaches thereof, any park, play-
ground, or building, any refuge, conservation, or recreation
area, and any residential, farm, or ranch properties or timber-
lands.
(4) Littering is a class 2 petty offense punishable by a fine of
fifteen dollars if only one item is deposited, thrown, or left.
If two or more items are thrown, deposited, or left it is a class
1 petty offense.
(5) It is in the discretion of the court, upon the conviction of any
person and the imposition of a fine under this section, to suspend
the fine upon the condition that the convicted person gather and
remove from specified public property or specified private property,
with prior permission of the owner or tenant in lawful possession
thereof, any litter found thereon.
(6) Whenever litter is thrown, deposited, dropped, or dumped
from any motor vehicle in violation of this section, the operator
of said motor vehicle is presumed to have caused or permitted
the litter to be so thrown, deposited, dropped, or dumped there-
from.
(7) In addition to those law enforcement officers and agencies of
this state and the wildlife conservation officers and other com-
missioned officers of the division of wildlife and the division of
parks and outdoor recreation are expressly authorized, empowered,
and directed to enforce the provisions of this section. "
Additionally TITLE 18, ARTICLE 42, SECTION 109, PENALTY FOR
DAMAGE, provides that, "Any person who willfully or maliciously damages
or interferes with any road, ditch, flume, bridge, ferry, railroad, or tele-
graph line or any of the fixtures, tools, implements, appurtenances, or
property of any corporation which is organized under the provisions of law is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
"fine of not more than five hundred dollars, or by imprisonment in the county
jail for not more than one year, or by both such fine and imprisonment. Any
such fine shall be paid into the county treasury, and the offender shall also
pay all damages that any such corporation sustains, together with costs of
suit. "
NOW, THEREFORE, any violation of the above is clearly punishable
as a petty offense or a misdemeanor, depending upon the nature of each case,
and any person or persons convicted thereof shall be subject to a fine or jail
sentence or both.
Respe tfuly submRted. _ 750639
County Attorney
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