Class 2 public nuisance

16-13-304. Class 2 public nuisance. (1) The following are deemed to be a class 2 public nuisance: (a) Any place where people congregate, which encourages a disturbance of the peace, or where the conduct of persons in or about that place is such as to annoy or disturb the peace of the occupants of or persons attending such place, or the residents in the vicinity, or the passersby on the public street or highway; or (b) Any public or private place or premises which encourages professional gambling, unlawful use, sale, or distribution of imitation controlled substances, as defined in section 18-18-420 (3), C.R.S., drugs, controlled substances, as defined in section 18-18-102 (5), C.R.S., or other drugs the possession of which is an offense under the laws of this state, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under the age of twenty-one, solicitation for prostitution, or traffic in stolen property; or (b.5) Any public or private place or premises used for soliciting by means of a prerecorded message in violation of section 18-9-311 (1), C.R.S.; or (c) Any public or private place used for a purpose declared to be a class 2 public nuisance by any other statute of this state. (2) It is not a violation of this section if a person is acting in compliance with section 18-18-434, article 170 of title 12, or article 50 of title 44. Source: L. 72: R&RE, p. 260, � 1. C.R.S. 1963: � 39-13-304. L. 81: (1)(b) amended, p. 737, � 18, effective July 1. L. 83: (1)(b) amended, p. 704, � 3, effective July 1. L. 88: (1)(b.5) added and (1)(c) amended, p. 346, � 12, effective July 1. L. 92: (1)(b) amended, p. 391, � 17, effective July 1. L. 95: (1)(b) amended, p. 463, � 6, effective July 1. Initiated 2022: (2) added, Proposition 122, L. 2023, p. 3591, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (2) amended, (SB 23-290), ch. 249, p. 1411, � 23, effective July 1. Editor's note: Subsection (2) was added by Proposition 122, effective upon proclamation of the governor, December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows: FOR: 1,296,992 AGAINST: 1,121,124