The Animas River and its adjacent trail is a popular Durango amenity where people go to relax and enjoy convenient river access. But a new amendment to the city’s health and sanitation code gives code enforcers discretion in enforcing certain activities.
Durango City Council approved a first reading of the ordinance amending city code at its Sept. 19 meeting to prohibit sleeping, camping and littering and pollution within 100 feet of public streams. City Council’s final vote is scheduled for its first regular meeting in October.
The ordinance was billed as a necessary action to protect the city’s streams and riparian areas by limiting the amount of waste that can enter the Animas River. Additionally, it is meant to protect public safety by deterring people from floodplains in the event of a flash flood.
The ordinance prohibits littering, in addition to sleeping and “stationing” in storm drains or within 100 feet of public streams, riparian zones and floodplains “except as may be specifically authorized by the appropriate government authority,” the ordinance says.
In other words, it restricts people from setting up campfires or tents and even parking their cars near the river or other streams, and it forbids camping or sleeping inside storm drains — all are activities the city and its unhoused population have contended over for years.
The ordinance also gives law and code enforcement discretion in enforcing restrictions related to people sleeping or recreating along the river.
Councilor Olivier Bosmans voted not to approve the health and sanitation amendment. He said its language is too vague, and he doesn’t want people lawfully recreating on and along the Animas River to worry about being cited.
“We have housing along the river, residences; we have pets, dogs walking. We have city waste containers along the Animas River Trail. We have people sunbathing, taking a nap on the river when the weather is nice,” he said. “I understand it will impact the homeless people from using those areas.”
City attorney Mark Morgan said the ordinance wasn’t written to restrict general recreation.
He said sunbathing, napping on the river, walking dogs and other activities are not targeted in the ordinance. If people are properly disposing off their trash and dog droppings, they have nothing to worry about.
“It’s really specifically targeted to people being in those riparian zones if there was to be a flash flood, or be in those zones in such a manner that would cause waste to get into the water system,” he said.
Bosmans asked for the language to be made clearer, but other councilors voted to approve the ordinance as presented in its first reading, with a final vote expected at the Oct. 3 City Council meeting.
Durango Police Chief Bob Brammer said on Tuesday the ordinance is meant to keep Durango waterways safe.
“A couple years ago, we had the sewage line break. That was a very contentious neighborhood concern to the community,” he said. “You had raw sewage poured in the river.”
Brammer said Durango police deals with people disrespecting waterways at river put-ins and take-outs regularly.
“I’m a fly fisherman myself. You go through the river and see empties all over the place,” he said, adding good stewards of the Animas River and Durango waterways would want to reduce pollution.
Brammer also said sleeping in storm drains is a safety issue. The city already has well-structured trespassing ordinances in place, but this ordinance is another tool for law and code enforcement to reduce stream pollution and keep people out of dangerous situations.
cburney@durangoherald.com
