(1) No person shall abandon any vehicle containing any hazardous waste or intentionally spill hazardous waste upon a street, highway, right-of-way, or any other public property or upon any private property without the express consent of the owner or person in lawful charge of that private property.
(2) As used in this section:
(a) (I) Abandon means to leave a thing with the intention not to retain possession of or assert ownership or control over it. The intent need not coincide with the act of leaving.
(II) It is prima facie evidence of the necessary intent that:
(A) The vehicle has been left for more than three days unattended and unmoved; or
(B) License plates or other identifying marks have been removed from the vehicle; or
(C) The vehicle has been damaged or is deteriorated so extensively that it has value only for junk or salvage; or
(D) The owner has been notified by a law enforcement agency to remove the vehicle and it has not been removed within twenty-four hours after notification.
(b) (I) Hazardous waste means any waste or other material, alone, mixed with, or in combination with other wastes or materials, which because of its quantity, concentration, or physical or chemical characteristics:
(A) Causes, or significantly contributes to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(B) Poses a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(II) Hazardous waste also means any waste or other material defined as a hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(c) Hazardous waste does not include:
(I) Discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended;
(II) Source, special nuclear, or byproduct material as defined by the federal Atomic Energy Act of 1954, as amended;
(III) Agricultural waste;
(IV) Domestic sewage which includes final use for beneficial purposes, including fertilizer, soil conditioner, fuel, and livestock feed, of sludge from wastewater treatment plants if such sludge meets all applicable standards of the department;
(V) Irrigation return flows;
(VI) Inert materials deposited for construction fill or topsoil placement in connection with actual or contemplated construction at such location or for changes in land contour for agricultural purposes; or
(VII) Any waste or other materials exempted or otherwise not regulated as a hazardous waste in the rules and regulations promulgated pursuant to the federal Solid Waste Disposal Act (42 U.S.C. 3251 et seq.), as amended by the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6905, 6912 (a), 6921-6927, 6930, 6974), as such rules and regulations are set forth in 40 C.F.R. Parts 122-124 and 260-265 on July 1, 1981.
(d) Inert material means non-water-soluble and nondecomposable inert solids together with such minor amounts and types of other materials as will not significantly affect the inert nature of such solids. The term includes but is not limited to earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days, masonry, asphalt paving fragments, and such other non-water-soluble and nondecomposable inert solids.
(e) Vehicle means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. The term includes but is not limited to any motor vehicle, trailer, or semitrailer.
(3) (a) A person who violates this section by intentionally spilling hazardous waste commits a class 4 felony.
(b) A person who violates this section by abandoning a vehicle containing hazardous waste commits a class 5 felony.
Source: L. 81: Entire section added, p. 977, � 22, effective July 1. L. 92: IP(2)(b)(I) amended, p. 1258, � 15, effective August 1. L. 2023: (3) amended, (HB 23-1293), ch. 298, p. 1793, � 50, effective October 1.
Cross references: For the penalty for other hazardous waste violations, see � 25-15-310; for the penalty for causing or contributing to the occurrence of a hazardous substance incident, see � 29-22-108; for penalties for violations of the Hazardous Materials Transportation Act of 1987, see �� 42-20-109, 42-20-111, 42-20-204, and 42-20-305.
18-13-113. Unlawful to sell metal beverage containers with detachable opening devices. (1) As used in this section:
(a) Beverage means each of the following forms of liquid refreshment intended for human consumption:
(I) Fermented malt beverages, malt liquors, beers, or any beverages obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product, or any combination thereof, in water;
(II) Alcoholic beverages obtained by distillation, and mixed with water or other substances in solution;
(III) Alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar;
(IV) Mineral or soda waters;
(V) Carbonated or noncarbonated soft drinks; or
(VI) Fruit juices or vegetable juices or fruitades.
(b) Beverage container means an individual, sealed metal can which contains a beverage.
(c) Within Colorado means within the exterior limits of Colorado and includes all territory within these limits owned or ceded to the United States of America.
(2) No person shall sell or offer for sale at retail within Colorado any metal beverage container with a detachable opening device designed to detach from the beverage container when a user opens the beverage container in a manner reasonably calculated to gain access to its contents.
(3) Subsection (2) of this section shall not apply to metal beverage containers with opening devices consisting of sensitized adhesive tape.
(4) Any person who violates subsection (2) of this section commits a civil infraction and, upon conviction thereof, shall be fined not less than fifty dollars nor more than one hundred dollars.
Source: L. 82: Entire section added, p. 325, � 1, effective January 1, 1983. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3215, � 363, effective March 1, 2022.
18-13-114. Sale of secondhand property - record - inspection - false information - penalties - definitions. (1) Every secondhand dealer, as defined in subsection (5) of this section, shall make a record, as provided in subsection (2) of this section, of each sale or trade of secondhand property made by him, his agent, or any person acting on his behalf, which sale or trade equals or exceeds thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer shall mail or deliver the record of the sale or trade to the local law enforcement agency within three days of the date of such sale or trade. The secondhand dealer shall keep a copy of the record of the sale or trade for at least one year after the date of the sale or trade.
(2) The record required by this section shall be made in writing on forms designed by the Colorado bureau of investigation or a reasonable facsimile thereof as provided in subsection (3) or (4) of this section and shall consist of the following:
(a) The name, address, and date of birth of the seller or trader;
(b) The date, time, and place of the sale or trade;
(c) An accurate and detailed account and description of the item sold or traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;
(d) The identification number from any of the following forms of identification of the seller or trader:
(I) A valid Colorado driver's license;
(II) An identification card issued in accordance with section 42-2-302, C.R.S.;
(III) A valid driver's license, containing a picture, issued by another state;
(IV) A military identification card;
(V) A valid passport;
(VI) An alien registration card; or
(VII) A nonpicture identification document issued by a state or federal government entity;
(e) The signature of the seller or trader;
(f) A declaration by the secondhand dealer that he is the rightful owner of the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and
(g) A declaration by the secondhand dealer that he has knowledge of the requirement that he mail or deliver a record of the sale or trade to the local law enforcement agency, as required by subsection (1) of this section.
(3) Any city, municipality, city and county, or county which regulates secondhand dealers and assesses a fee as provided in section 18-13-118 shall print and provide the forms for reporting required pursuant to subsection (2) of this section.
(4) In cities, municipalities, city and counties, and counties which do not license secondhand dealers and assess a fee as provided in section 18-13-118, the secondhand dealer shall report all the information required pursuant to subsection (2) of this section in a form acceptable to the local law enforcement agency.
(5) As used in this section and sections 18-13-115 to 18-13-118, unless the context otherwise requires:
(a) Local law enforcement agency means any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the sale or trade occurs.
(b) Peace officer means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summonses and civil process, police officer, Colorado state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.
(c) Secondhand dealer means any person whose principal business is that of engaging in selling or trading secondhand property. The term also includes the following: Any person whose principal business is not that of engaging in selling or trading secondhand property but who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. The term does not include:
(I) A person selling or trading secondhand property so long as such property was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subparagraph (I), weekend period means Friday through the immediately following Monday.
(II) A person who is a retailer as defined in section 39-26-102 (8), C.R.S., or a wholesaler as defined in section 39-26-102 (18), C.R.S., and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;
(III) A person or organization selling or trading secondhand property at an exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;
(IV) A person or organization which is charitable, nonprofit, recreational, fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended;
(V) A person selling or trading firewood, Christmas trees, plants, food products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family, or regular employees;
(VI) A person who sells new goods exclusively, is in the business of selling such goods, is in all respects a retailer of such goods, and holds a retail license and a sales tax license in the city, county, or city and county in which the sale occurs;
(VII) An antique dealer who sells antiques, has a retail license and sales tax license in the city, county, or city and county in which the sale occurs, and sells such antiques from a permanent storefront location.
(d) Secondhand property means the following items of tangible personal property sold or traded by a secondhand dealer:
(I) Cameras, camera lenses, slide or movie projectors, projector screens, flashguns, enlargers, tripods, binoculars, telescopes, and microscopes;
(II) Televisions, phonographs, tape recorders, video recorders, radios, tuners, speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, and video games;
(III) Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins, luggage, boots, and furs;
(IV) Typewriters, adding machines, calculators, computers, portable air conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;
(V) Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand brake assemblies, and other bicycle components; and
(VI) Any item of tangible personal property which is marked with a serial or identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined in section 42-1-102 (63), C.R.S., snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.
(6) (a) Any secondhand dealer who violates subsection (1) or (2) of this section commits a petty offense.
(b) Any buyer or person who trades with a secondhand dealer or any secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 2 misdemeanor.
(7) (a) Local law enforcement agencies who print and provide forms as designed by the Colorado bureau of investigation for recording the information required by subsection (2) of this section may charge a reasonable fee for each form to defray the cost of providing such form.
(b) Each local law enforcement agency may establish rules or policies requiring that secondhand dealers provide it with copies of such records. The local law enforcement agency may set forth how often such copies shall be provided to it. Each local law enforcement agency shall forward copies of records received by it to the law enforcement agency having jurisdiction in the area in which the buyer or trader resides.
(8) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a petty offense.
(9) In the case of flea markets and similar facilities in which secondhand property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in paragraph (d) of subsection (2) of this section. Such record shall be mailed or delivered by the operator to the local law enforcement agency within three days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.
Source: L. 83: Entire section added, p. 713, � 1, effective July 1. L. 89: IP(5)(c), (5)(c)(II), and (5)(d)(VI) amended, p. 912, � 1, effective July 1. L. 94: (2)(d)(II) and (5)(d)(VI) amended, p. 2553, � 43, effective January 1, 1995. L. 2000: (5)(c)(IV) amended, p. 1848, � 37, effective August 2. L. 2021: (6) and (8) amended, (SB 21-271), ch. 462, p. 3215, � 364, effective March 1, 2022. L. 2023: (6)(a) amended, (HB 23-1293), ch. 298, p. 1793, � 51, effective October 1.
18-13-114.5. Sale of secondhand property - proof of ownership required - penalty - definitions. (1) A person who is a secondhand dealer or a dealer and retailer of new goods and who sells goods at a flea market or similar facility shall not sell or offer for sale any of the following property items without proof of ownership:
(a) Baby food of a type usually consumed by children under three years of age;
(b) Cosmetics;
(c) Devices;
(d) Drugs;
(e) Infant formula;
(f) Batteries; or
(g) Razor blades.
(2) A person required to have proof of ownership under subsection (1) of this section shall make such proof of ownership available to any peace officer for inspection at any reasonable time.
(3) For purposes of this section:
(a) Cosmetic means an article, or its components, intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to, the human body, or any part of the human body, for cleansing, beautifying, promoting attractiveness, or altering appearance. Cosmetic does not include soap.
(b) Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component, part, or accessory, that is:
(I) Recognized in the official national formulary or the United States pharmacopoeia, or any supplement to them;
(II) Intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease in humans or animals; or
(III) Intended to affect the structure or any function of the body of humans or animals and that does not achieve any of its principal intended purposes through chemical action within or on the body of humans or animals and that is not dependent upon being metabolized for the achievement of any of its principal intended purposes.
(c) Drug means:
(I) Any article recognized in an official compendium of drugs;
(II) An article used or intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;
(III) An article, other than food, that is used or intended to affect the structure or any function of the body of humans or animals; or
(IV) An article intended for use as a component of an article specified in subparagraph (I), (II), or (III) of this paragraph (c).
(d) Infant formula means a food that purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk.
(e) Proof of ownership shall include:
(I) The name, address, telephone number, and signature of the seller or the seller's authorized representative;
(II) The name and address of the buyer or consignee if not sold; and
(III) A description and quantity of the product.
(4) A violation of this section is a petty offense.
Source: L. 2006: Entire section added, p.1276, � 1, effective July 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3216, � 365, effective March 1, 2022.