(1) Unless otherwise permitted by commission rule, it is unlawful for any person to place food or edible waste in the open with the intent of luring a wild bear to such food or edible waste.
(2) (a) This section shall not apply to acts related to agriculture, as defined in section 35-1-102 (1), C.R.S.
(b) For the purposes of this section, "food or edible waste" shall not include live animals or food that is grown in the open prior to such food being harvested.
(3) Any person who violates this section shall be given a warning. Upon a second or subsequent violation of this section, such person is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not to exceed:
(a) One hundred dollars for a first offense;
(b) Five hundred dollars for a second offense;
(c) One thousand dollars for a third or subsequent offense.
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