Class 4 public nuisance

Colo. Rev. Stat. § 16-13-306, under ABATEMENT OF PUBLIC NUISANCE.

Colo. Rev. Stat. § 16-13-306

If any person carries on or practices any profession or calling or operates any business required to be licensed by the laws of the state of Colorado without first procuring a license therefor, or carries on or practices such profession or calling or operates such business after the license therefor required by the laws of the state of Colorado has been lawfully canceled or revoked, the carrying on or practicing of such profession or calling, or the operation of such business without a license is a class 4 public nuisance and may be restrained and abated.

Source: L. 72: R&RE, p. 261, § 1. C.R.S. 1963: § 39-13-306.

ANNOTATION

Law reviews. For article, "State and Federal Forfeiture of Property Used in Criminal Activity", see 11 Colo. Law. 2597 (1982).

Annotator's note. Since § 16-13-306 is similar to repealed § 39-15-2, CRS 53, a relevant case construing that provision has been included in the annotations to this section.

The fact that no property or pecuniary interest of the plaintiff is involved is no answer to a suit to enjoin practice of a profession without a license, where the action is in behalf of the public. Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, 135 Colo. 398, 312 P.2d 998 (1957).

As public need not prove irreparable injury. In general, a court will grant an injunction only where there is imminent danger, irreparable injury, or damage to the plaintiff; however, in order to restrain an unlicensed person from practicing a profession it is not necessary to prove irreparable injury or the threat thereof, where the suit is in behalf of the public. Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, 135 Colo. 398, 312 P.2d 998 (1957).