Section 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.Amended by 2021 Ch. 462, § 604, eff. 3/1/2022.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. 1642, p. 1642, § 8, effective August 11. L. 2020: (2)(b.5) added, (HB 20 -1087), ch. 172, p. 172, § 13, effective March 20. L. 2021: (2) amended, (SB 21-271), ch. 3273, p. 3273, § 604, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3). 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.