Durango Police Department is seeking direction from City Council about how code enforcement should go about enforcing storage and long-term parking laws on city streets.
The conversation is about boats, trailers and commercial and recreational vehicles, which DPD routinely receives complaints about – particularly in the summer and fall – Deputy Chief Chris Gonzalez said.
He said in a presentation to City Council it is illegal per city code to store RVs, boats, trailers and commercial vehicles on residential streets.
The only exception is when those vehicles or trailers are actively in use – loading in preparation for a trip or unloading after arriving home. They are still required to be stored on private property.
He said code enforcement has been lenient with enforcing the parking code. But the city also lacks a serious enforcement tool.
When code enforcement addresses an illegally parked RV, boat, trailer or commercial vehicle, it typically issues a notice of violation – a warning, he said.
If the vehicle owner doesn’t rectify the situation, code enforcement will issue a cease and desist – a “more stern warning.”
City code says a second warning is where the generosity ends, Gonzalez said. Upon a third violation, the vehicle owner is supposed to be issued a citation. But DPD lacks a fine schedule for illegally parked RVs and other such vehicles.
“We cannot cite somebody for this type of infraction, which leads us to our next step, which is a summons into city court,” he said.
City Attorney Mark Morgan clarified there is a general provision for code violations that states any violation is punishable by a fine of over $2,000 and up to 364 days in jail.
“We would never put anyone in jail for parking an RV. But it is out there, and should the police department bring us something, my office would make a decision on prosecuting or not,” he said.
But the fact remains a specific fine or fine schedule was ever created for code pertaining to storage and parking of RVs, boats, trailers and commercial vehicles.
Steve Barkley, DPD code enforcement officer, previously told The Durango Herald about 90% of residents who are asked to comply with storage and parking codes do so. The other 10% say they use their craft or vehicle on a daily basis and shouldn’t be subject to the code.
Gonzalez said code enforcement has been giving people 24 hours to deal with trip preparation, but per the code, parking an RV, boat or trailer overnight is not permitted.
“That’s where we start getting into confusion when it comes to enforcement with our community,” he said.
He said code enforcement has tried to gain voluntary compliance with residents. Its strictest enforcement tool is to have a vehicle towed – but tow companies dislike towing RVs because they are difficult to sell in the event an owner doesn’t pay fees and reclaim his or her vehicle.
He said options to expand code enforcement’s toolbox are revising the city’s parking ordinance to include RVs and such vehicles or to create a definitive fine schedule. Either option would in effect allow officers to issue citations for storage and parking violations.
Councilor Jessika Loyer said she isn’t sure how heavily the city needs to come down on illegally parked RVs and trailers – a similar stance she held when City Council discussed the subject in November.
She said she’s received one email complaint about an illegally stored or parked RV or trailer in all her five years on City Council.
“Are we stirring the pot that doesn’t need to really be stirred?” she said.
Gonzalez said some neighborhoods don’t seem to mind parked RVs, boats and trailers, while others do. DPD often receives complaints from residents retaliating against one another with more complaints.
Mayor Gilda Yazzie said the concerns she has heard from residents are more focused on children’s safety than on the issue of RVs being illegally parked. She said residents have complained that children playing outside are running into the street, and they are obscured by RVs, boats and trailers before they enter the road.
Police Chief Brice Current said DPD wants to know what the community’s values are so it can implement enforcement that reflects those values.
“We get individuals that don’t want them (RVs, boats, trailers on streets) and then we have individuals that do want them,” he said. “We have individuals that only want them during certain times of the year and are looking to store them at other times.”
He said it’s hard to determine whether a vocal minority is sounding off the loudest against parked RVs or it’s a larger group.
Morgan said whatever approach the city takes, it must be equitable.
“If you adopt an official policy not to enforce, it opens it up to litigation that we have now given an asset to someone that we did not give to someone else – a place to park their boat or a place to park their RV,” he said.
He said the city cannot give people unrestricted parking privileges for RVs, boats, trailers or commercial vehicles.
The city could establish certain zones or permits, however, he said.
cburney@durangoherald.com
