“An ordinance concerning bawdy and disorderly houses, houses of ill fame or assignation and providing a punishment for frequenting same” can be found in city of Durango Ordinance Ledger Book Volume One at the Durango Public Library.
In modern English: It’s illegal to frequent a brothel or solicit a prostitute. Further examination of Ordinance No. 0286, written in 1895, reveals the fine was between $5 and $100.
Such ordinances tell something about the history of a town. Durango’s laws tell the story of a rich Western history, which featured ranchers, prostitutes, mischievous children, loose animals, war efforts and changes brought on by the introduction of automobiles.
It’s a history many are anxious to protect: All these ledgers, once stored in a vault at City Hall, are now behind a locked glass case at the library.
In the early 1890s, bicycles were transitioning from the high-wheeled penny-farthings to the more modern design with evenly sized tires. Bicycling’s boom brought about the creation of the Durango Bicycle Club, but safety concerns arose.
For instance, in 1896, an ordinance was passed stating that cyclists could not ride their bikes on the sidewalk – still true today – and could not pedal faster than 8 mph – certainly not the case for road cyclists today.
Though some of this may seem silly, local historian Duane Smith has records of incidences of bicycle-pedestrian collisions dating to the 1890s.
A solution homeowners took to the menacing sidewalk cyclist was to throw nails onto the sidewalks to puncture tires, an act later prohibited by city law, Smith said.
“All (ordinances) had a purpose at the time,” he said. “Every so often, the City Council goes about and cleans out laws.”
Many older ordinances have been repealed or amended. For instance, ordinances regarding bicycling on the sidewalk now include other riding machines such as skateboards, roller skates and scooters.
An 1898 ordinance outlawed bathing in the Animas River within five miles of Durango to protect drinking water, Smith said. A monetary reward was given to anyone who turned in an unlawful bather responsible for contaminating the drinking water.
In what was heavily a ranching community, several ordinances were put in place to control and restrict livestock, loose animals and dogs. Smith said one reason for passing such ordinances was because children were getting trampled by cattle.
Additionally, cattle also were destroying city shrubs and trees. In 1901, a specific ordinance was passed to avoid mutilation of city trees by animals or residents. It also was prohibited to tie an animal to a city tree while going about town business.
Early cars
With the introduction of cars in the early 1900s, regulations were enacted to protect the public from relatively new drivers. It was specifically clarified that automobiles were prohibited from being driven on sidewalks.
Skilled one-handed drivers were fined $5 to $10 regardless of their talents because residents were not to operate an automobile without full use of both arms and one foot. Repeat offenders, five or more times, would have their license revoked.
Drivers had to be at least 16, a law still true today. The in-town speed limit was 18 mph. It’s only slightly higher today: 25 mph unless otherwise posted.
Speaking German
Ordinances reveal history not only of lifestyle and technology, but of unique eras.
In 1918, nearing the end of the World War I, several ordinances were passed to ensure public safety and participation in war efforts.
Ordinance 1918-0557: “An ordinance requiring all able bodied male persons in the city of Durango between the age of 18 and 55 to engage in some useful occupation, employment, business trade or profession during the crisis resulting from the present war.”
During times of crisis, seemingly discriminatory regulations were passed.
Ordinance 1918-0558: “An ordinance prohibiting the speaking of the German Language in the city of Durango during the present war.”
Todd Ellison, records technician for the city of Durango, said a city’s decisions define its history.
“It’s helpful for people to know what those decisions were,” he said.
David Smith, Durango’s city attorney, said when it comes to creating laws and ordinances that deal with new technologies and cultural change, it’s important to see into the future and attempt to address issues that may come along.
“There is no question that it involves a little bit of looking through a crystal ball,” he said.
The removal of antiquated, irrelevant laws is a different story, he said. A periodic code review generally would take place to remove or modify obsolete ordinances. However, this time-consuming process doesn’t occur often, he said.
If an outdated ordinance still is in the books and clearly does not apply, it won’t be enforced.
“Part of it is a little bit of local color that we don’t worry too much if it’s still in the code, even if it’s obsolete or irrelevant at this point,” David Smith said.
Curious residents or history fanatics can peek at original copies of the ordinance ledger books through a glass encasement on the second floor of the library. Scanned copies of the ordinances can be browsed and read on the city of Durango’s website.
“They are funny to us but serious to the people who passed them,” Duane Smith said.
vguthrie@durangoherald.com
