On March 25, 2020, Larimer County issued a Public Health Order that required all residents to stay home unless working for certain essential businesses or providing essential services. The order allows for all individuals living in Larimer County to also use outdoor spaces, as long as they are practicing social distancing. Businesses were required to close, unless deemed an essential business and all public and private gatherings were prohibited. Click here to read a copy of the order. Many have wondered if this order is actually enforceable, and, if so, what are the consequences for violating the order? Let’s find out.
Violation of a Public Health Order in Fort Collins: Larimer County Defense Attorney
When a Public Health Order is issued by the State of Colorado or Larimer County, it is expected to be followed. Anyone who does not follow the order is subject to criminal charges. According to C.R.S. 25-1-516 – Unlawful Acts:
(a) Willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, or rule;
(b) Fail to make or file a report required by law or rule of the state board relating to the existence of disease or other facts and statistics relating to the public health;
(c) Willfully and falsely make or alter a certificate or certified copy of any certificate issued pursuant to the public health laws;
(d) Willfully fail to remove from private property under his or her control at his or her own expense, within forty-eight hours after being ordered to do so by the county or district public health agency, any nuisance, source of filth, or cause of sickness within the jurisdiction and control of the agency whether the person, association, or corporation is the owner, tenant, or occupant of the private property; except that, when the condition is due to an act of God, it shall be removed at public expense; or
(e) Pay, give, present, or otherwise convey to any officer or employee of an agency any gift, remuneration, or other consideration, directly or indirectly, that the officer or employee is forbidden to receive by the provisions of this part 5.
Not following the guidelines outlined in the order could result in a charge under subsection (a).
Sentence for Violating a Public Health Order in Loveland and Estes Park
Violating a Public Health Order in Fort Collins, Loveland, and Estes Park is a class 1 misdemeanor. This level misdemeanor is 6 to 18 months in the Larimer County Jail and up to $5,000 in fines.
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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