(1) Every motor vehicle, vessel, firearm, seine, net, trap, explosive, poisonous or stupefying substance, or other personal property used in the hunting, taking, or harassing of wildlife in violation of the provisions of articles 1 to 6 of this title is declared to be a public nuisance. Every such item shall be subject to seizure, confiscation, and forfeiture or destruction as provided in this section, unless the possession of said property is not unlawful and the owner of said property was not a party to the violation and would suffer undue hardship by the sale, confiscation, or destruction of the property.
(2) (a) Any personal property subject to seizure, confiscation, and forfeiture or destruction under the provisions of this section, which is seized as a part of or incident to a criminal proceeding for violation of the provisions of articles 1 to 6 of this title and for which disposition is not provided by another statute of this state, shall be disposed of as provided in this section.
(b) (I) The division shall be in violation of this section if it seizes any personal property that is not part of or incident to a criminal proceeding for violation of articles 1 to 6 of this title and does not return such property on demand.
(II) If the division violates subparagraph (I) of this paragraph (b) or any other provision of law when seizing personal property, the division shall be charged one hundred dollars per day per violation plus any attorney's fees incurred by the owner of the property.
Any such property, the possession of which is illegal and which in the opinion of thecourt having jurisdiction over the criminal proceeding is not properly the subject of a sale, may be destroyed pursuant to a warrant for the destruction of personal property issued by the court and directed to the division. The court shall stay the execution of any such warrant during the period in which the property is used as evidence in any pending criminal or civil proceeding.
Except as otherwise provided in this section, the court may order any such propertysold by the division in the manner provided for sales on execution. The proceeds of the sale shall be applied as follows:
To the fees and costs of removal and sale;
To the payment of the state's costs on such action; and
The balance, if any, or any portion thereof not otherwise distributed pursuant to thisparagraph (c), to the wildlife cash fund. Instead of being deposited in the wildlife cash fund, such balance or any portion thereof may be transmitted, upon order of the court, as follows:
To the seizing agency, if the court finds that the proceeds can be used by such agency;
To any person who suffers bodily injury or property damage as a result of the actionwhich constitutes the violation, if said person petitions the court therefor.
In lieu of ordering the sale or destruction of such property, the court may, if it findsthat it can be used by the agency which seized it, order it delivered to the agency for such use.
The division shall not undertake any seizure of property pursuant to this section unless the division has complied with parts 3 and 5 of article 13 of title 16, C.R.S., as applicable.
Source: L. 84: Entire article R&RE, p. 865, § 1, effective January 1, 1985. L. 94: (1) amended, p. 1580, § 7, effective May 31. L. 96: (2) amended and (6) added, p. 375, §§ 3, 2, effective April 17.
Editor's note: This section is similar to former § 33-6-137 as it existed prior to 1984.
Cross references: For abatement of public nuisances, see part 3 of article 13 of title 16.