2022 Colorado Code
Title 25 - Public Health and Environment
Article 14 - Control of Smoking
Part 2 - Colorado Clean Indoor Air Act
§ 25-14-208. Unlawful Acts - Penalty - Disposition of Fines and Surcharges

1. It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this part 2 to violate any provision of this part 2.
2. It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this part 2.
3. [ Editor's note: This version of subsection (3) is effective until March 1, 2022.] Except as otherwise provided in section 25-14-208.5, a person who violates this part 2 is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars for a first violation within a calendar year, a fine not to exceed three hundred dollars for a second violation within a calendar year, and a fine not to exceed five hundred dollars for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation.

   (3) [ Editor's note: This version of subsection (3) is effective March 1, 2022. ] Except as otherwise provided in section 25-14-208.5, a person who violates this part 2 is guilty of a petty offense. Each day of a continuing violation shall be deemed a separate violation.

4. All judges, clerks of a court of record, or other officers imposing or receiving fines collected pursuant to or as a result of a conviction of any persons for a violation of any provision of this part 2 shall transmit all such moneys so collected in the following manner:
   1. Seventy-five percent of any such fine for a violation occurring within the corporate limits of a city, town, or city and county shall be transmitted to the treasurer or chief financial officer of said city, town, or city and county, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.
   2. Seventy-five percent of any fine for a violation occurring outside the corporate limits of a city or town shall be transmitted to the treasurer of the county in which the city or town is located, and the remaining twenty-five percent shall be transmitted to the state treasurer, who shall credit the same to the general fund.

Source: L. 2006: Entire part added, p. 59, § 1, effective July 1. L. 2019: (3) amended, (HB 19-1076), ch. 337, p. 3097, § 7, effective July 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3239, § 473, effective March 1, 2022.

Editor's note: 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.