(1) It is unlawful for any person to enter or remain in any public building or on any public property or to conduct himself or herself in or on the same in violation of any order, rule, or regulation concerning any matter prescribed in this subsection (1), limiting or prohibiting the use or activities or conduct in such public building or on such public property, issued by any officer or agency having the power of control, management, or supervision of the building or property. In addition to any authority granted by any other law, each such officer or agency may adopt such orders, rules, or regulations as are reasonably necessary for the administration, protection, and maintenance of such public buildings and property, specifically, orders, rules, and regulations upon the following matters:
(a) Preservation of property, vegetation, wildlife, signs, markers, statues, buildings and grounds, and other structures, and any object of scientific, historical, or scenic interest;
(b) Restriction or limitation of the use of such public buildings or property as to time, manner, or permitted activities;
(c) Prohibition of activities or conduct within public buildings or on public property which may be reasonably expected to substantially interfere with the use and enjoyment of such places by others or which may constitute a general nuisance or which may interfere with, impair, or disrupt a funeral or funeral procession;
(d) Necessary sanitation, health, and safety measures, consistent with section 25-13-113, C.R.S.;
(e) Camping and picnicking, public meetings and assemblages, and other individual or group usages, including the place, time, and manner in which such activities may be permitted;
(f) Use of all vehicles as to place, time, and manner of use;
(g) Control and limitation of fires, including but not limited to the prohibition, restriction, or ban on fires or other regulation of fires to avert the start of or lessen the likelihood of wildfire, and the designation of places where fires are permitted, restricted, prohibited, or banned.
(2) No conviction may be obtained under this section unless notice of such limitations or prohibitions is prominently posted at all public entrances to such building or property or unless such notice is actually first given the person by the officer or agency, including any agent thereof, or by any law enforcement officer having jurisdiction or authority to enforce this section.
(3) (a) Except as otherwise provided in subsections (3)(b) and (3)(c) of this section, any person who violates subsection (1) of this section is guilty of a petty offense.
(b) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (g) of subsection (1) of this section is guilty of a class 2 misdemeanor and 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.
(c) Any person who violates any order, rule, or regulation adopted pursuant to paragraph (c) of subsection (1) of this section concerning funerals or funeral processions is guilty of a class 2 misdemeanor.
Source: L. 72: p. 287, � 2. C.R.S. 1963: � 40-9-118. L. 2002, 3rd Ex. Sess.: IP(1), (1)(g), and (3) amended, p. 36, � 1, effective July 17. L. 2006: (1)(c) and (3)(a) amended and (3)(c) added, p. 1199, � 6, effective May 26. L. 2021: (3)(a) amended, (SB 21-271), ch. 462, p. 3205, � 321, effective March 1, 2022.
Cross references: In 2006, subsections (1)(c) and (3)(a) were amended and subsection (3)(c) was added by the Right to Rest in Peace Act. For the title and legislative declaration, see section 1 of chapter 262, Session Laws of Colorado 2006.
18-9-118. Firearms, explosives, or incendiary devices in facilities of public transportation. A person commits a class 6 felony if, without legal authority, he has any loaded firearm or explosive or incendiary device, as defined in section 9-7-103, C.R.S., in his possession in, or carries, brings, or causes to be carried or brought any of such items into, any facility of public transportation, as defined in section 18-9-115 (4).
Source: L. 77: Entire section added, p. 976, � 7, effective June 29. L. 89: Entire section amended, p. 841, � 89, effective July 1.
18-9-119. Failure or refusal to leave premises or property upon request of a peace officer - penalties - payment of costs. (1) The general assembly hereby finds and declares that any individual who violates any provision of this section presents a significant threat to life and property in this state; that such violations require the use of highly trained personnel and sophisticated equipment; and that any such individual, if guilty, shall be convicted of committing a crime and be required to pay for any extraordinary expenses which are a result of said violation.
(2) Any person who barricades or refuses police entry to any premises or property through use of or threatened use of force and who knowingly refuses or fails to leave any premises or property upon being requested to do so by a peace officer who has probable cause to believe a crime is occurring and that such person constitutes a danger to himself or herself or others commits a class 2 misdemeanor.
(3) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person without that person's consent, without proper legal authority, and without the use of a deadly weapon commits a class 1 misdemeanor.
(4) Any person who violates subsection (2) or (3) of this section and who, in the same criminal episode, recklessly or knowingly causes a peace officer to believe that he possesses a deadly weapon commits a class 1 misdemeanor.
(5) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or who confines or detains such other person through the possession, use, or threatened use of a deadly weapon, without the other person's consent, and without proper legal authority commits a class 3 felony.
(6) (a) Any person convicted of a violation of this section or any person who enters a plea of guilty or nolo contendere to a violation of this section or is placed on deferred judgment and sentence for a violation of this section shall be responsible for the payment of up to a maximum of two thousand dollars for any extraordinary expenses incurred by a law enforcement agency as a result of such violation.
(b) As used in paragraph (a) of this subsection (6), extraordinary expenses means any cost relating to a violation of the provisions of this section, including, but not limited to, overtime wages for officers and operating expenses of any equipment utilized as a result of such violation or any damage to property occurring as a result of any violation of this section.
(7) Any person who violates subsection (2) of this section and who, in the same criminal episode, knowingly holds another person hostage or confines or detains such other person by knowingly causing such other person to reasonably believe that the person possesses a deadly weapon commits a class 4 felony.
(8) As used in this section, to hold hostage means to seize, imprison, entice, detain, confine, or persuade another person to remain in any premises or on any property during a violation of any provision of this section in order to seek concessions from law enforcement personnel or their representatives, or to prevent their entry to property or premises. The term includes imprisoning, enticing, detaining, confining, or persuading any child to remain in said premises or on said property in an attempt to secure said concessions.
Source: L. 83: Entire section added, p. 666, � 10, effective July 1. L. 85: (2) amended, p. 624, � 10, effective July 1. L. 2021: (2) and (3) amended, (SB 21-271), ch. 462, p. 3205, � 322, effective March 1, 2022. L. 2023: (5) and (7) amended, (HB 23-1293), ch. 298, p. 1789, � 36, effective October 1.