Section 42-4-1406 - Foreign matter on highway prohibited - penalty - definitions(1)(a) No person shall throw or deposit upon or along any highway any glass bottle, glass, stones, nails, tacks, wire, cans, container of human waste, or other substance likely to injure any person, animal, or vehicle upon or along such highway.(b) No person shall throw, drop, or otherwise expel a lighted cigarette, cigar, match, or other burning material from a motor vehicle upon any highway.(2) Any person who drops, or permits to be dropped or thrown, upon any highway or structure any destructive or injurious material or lighted or burning substance shall immediately remove the same or cause it to be removed.(3) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway from such vehicle.(4) No person shall excavate a ditch or other aqueduct, or construct any flume or pipeline or any steam, electric, or other railway, or construct any approach to a public highway without written consent of the authority responsible for the maintenance of that highway.(5)(a) Except as provided in paragraph (b) of this subsection (5), any person who violates any provision of this section commits a class B traffic infraction.(b)(I) Any person who violates subsection (1)(b) of this section commits a petty offense and shall be punished as provided in section 18-1.3-503.(II) Any person who violates paragraph (a) of subsection (1) of this section by throwing or depositing a container of human waste upon or along any highway shall be punished by a fine of five hundred dollars in lieu of the penalty and surcharge prescribed in section 42-4-1701(4)(a)(I)(N).(6) As used in this section: (a) "Container" includes, but is not limited to, a bottle, a can, a box, or a diaper.(b) "Human waste" means urine or feces produced by a human.Amended by 2021 Ch. 462,§734, eff. 3/1/2022.L. 94: Entire title amended with relocations, p. 2393, § 1, effective January 1, 1995. L. 2002, 3rd Ex. Sess.: Entire section amended, p. 52, § 1, effective July 18. L. 2005: (1)(a) and (5)(b) amended and (6) added, p. 137, § 1, effective April 5. L. 2006: (5)(b)(I) amended, p. 1512, § 74, effective June 1. L. 2021: (5)(b)(I) amended, (SB 21-271), ch. 3308, p. 3308, § 734, effective March 1, 2022.(1) This section is similar to former § 42-4-1207 as it existed prior to 1994, and the former § 42-4-1406 was relocated to §42-4-1606.
(2) 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).