Quick Cash
Place an ad(s) with an asking price of $50 or less 100% FREE
Maximum of 5 lines for 1-week package in print paper in the Durango Herald with 7-day online classifieds.
Call us at 970-247-3504.
LAB CROSS PUPPY w/Retriever for sale, 1 black female left w/ shots, in Bayfield. Ready for a new home! $65. 505-334-8553
Yorkie Puppies for Sale
Two darling male Yorkie puppies ready for their forever homes April 10th. For information, contact Madeline at (970) 275-8735
Estate Sale
& several Garage Sales
Forrest Groves Estates
Saturday, May 3rd, 9:00 am - 4:00 pm
37 Verde Lane
Details? freshper@gmail.com
Multi-family yard sale!
Antique roll top desk, furniture, nice bedding, wedding dresses & decor. Clothes, baby items, kitchen items, lots of misc.
Thursday 4/24 & Friday 4/25, 8am - 4pm;
Saturday 4/26, 8am - Noon.
431 CR 234, near Elmore's Corner, look for green signs.
Yard sale, Saturday 4/26 & Sunday 4/27, 9am, 2015 Crestview Dr. Antiques, few furniture, tools, lots of gardening tools, and misc household items.
$10 classified advertising in The Durango Herald. Place an ad for an item with an asking price of $50 to $99.99, maximum of 5 lines, 3 days in print paper with 7-day online publication. Call us at 970-247-3504.
PAYING CASH! Running or Non- Running Cars & Trucks, Copper, Batts, Alum, Brass and FREE Metal & Steel Drop Off for recycling 24 Hours a Day 7 Days a WEEK! So bring AT NO COST your: washers, dryers, water heaters, car parts, lawn mowers, snow blowers, grilles, bicycles, etc, and pretty much ANYTHING made of mostly steel-metal. We also offer FOR STEEL-METAL ONLY a Roll-Off Container service delivered to your business, home or property for Steel Clean up and Recycling! LOWEST PRICES - And last - At the same location but for our storage business RJ MINI STORAGE call for the BEST PRICES on Inside-Outside Storage rates for enclosed storage or for parking of: Boats, RV’s, Trailers, Vehicles, Box Trucks, Etc. Please give us a call at 970 259 3494 or come on out to 287 CR 222, a few miles towards Bayfield from Elmores Corner off of Hwy 160. Thanks for reading!
ALSO, LOWEST PRICES ON OUTDOOR STORAGE.
Call us at 970 259 3494.
This is a spacious, quiet, well-kept two-bedroom apartment in an excellent and central location. The property (840 Plymouth Drive) is
located right across the street from the Riverview Sports Complex in a nice Old Durango Neighborhood. Lots of secure off-street parking all
around the building and tons of good storage within the unit. Heat, water, sewer and trash are all included in the rent ($1550 per month).
Washers and dryers are shared on-site and coin-operated.
This is a very quiet building and property with a long-term manager who lives on-site. No smoking within the building anywhere and no pets.
If you are interested, please respond (email is preferred) with a few details about yourself (or selves), and be advised that we require a one year lease and a security deposit ($1550) due at signing. References are necessary as well, and showings are by appointment only.
Thank you for your interest.
Please contact us at the following:
DurangoApartments@icloud.com
(970) 403-3959
May Move-In Specials!
Skyline Apartments
Leases from 6-12 months
First month is Free
Community-Wide WIFI
Maintenance on Site
Multi Use Room
Bicycle storage
Grill
Package services
Pet washing station
Fitness Center
Walking / biking trails
STUDENTS WELCOME, walk to Fort Lewis College, move-in specials available.
Skyline Apartments offers a variety of Studio, 1, 2, & 3-bedroom apartments in the beautiful Durango, CO.
1000 Goeglein Gulch Rd Durango, CO 81301
https://valiantco.sharepoint.com/sites/ValiantOne
2 Private Office Spaces for Rent in Environmental Consulting Firm’s office. $400 each/mo. (144ft & 156ft) or both $750/mo. 835 E. 2nd Ave. Mo-to-mo lease incl utils, Wi-Fi, shared kitchen, restrooms, and conference room. For more info please email jhesford@eroresources.com
Attractive Office Space in Historic Downtown Brick Building. Second floor, 1-5 offices or 4 + Conference Room, Common Area, Kitchenette, Bathroom with Shower. 2 Offices Overlook Main Ave. Dark Wood Floors. Call for more information 970-759-3702.
1600 sq.ft. duplex unit available. 2BR 2BA w/ laundry, lots of parking. Near airport. Quite pets welcome. Utilities included $2270/mo. Call 970-946-0829
ANIMAS CLIFFS 1700 CR 203 #A207 Durango, CO 81301. 1bd/1ba 590 SF Facing CR 203 & Animas Cliffs $313,500 Call Realtor Rob Johnston 970-759-0444 Keller Williams Realty SW Assoc., LLC 700 Main Ave - Durango CO 81301
Vallecito Cabin. Creek w/ ponds and solar, 468 Tucker Lane is a great home, close to all resort amenities, privacy, large deck, 2 bdrm, 2 bath, updated in great condition, 1.15 acres, shop/garage, No HOA or rental restrictions. $519,000. Keller Williams Realty, Scott Kurlander 970-749-0099
Duplex for sale, large corner lot, in town. 750 sq.ft., 2BR 1BA on each side. Serious qualified buyers only. $850,000. Call 970-239-1568
SPRING HAS SPRUNG
77 ac, 80 Shares PRID, Fenced & X-Fences
Dbl Wide Mobile 3bd 2 ba, views of La Plata's
Lots of Water & Mild Winters, Great for livestock
1966 CR 321 Ignacio, CO $599,500
Call Realtor Rob Johnston 970-759-0444
Keller Williams Realty SW Assoc., LLC
700 Main Ave, Durango CO 81301
TWILIGHT PEAKS SUBDIVISION
Lot 37 Falcon Ridge RD
1.32 ac. Water, Sewer, Electric at Lot line
Gated Community, Views Twilight Peak, West Needles, Castle Rock
$295,975 Call Realtor Rob Johnston 970-759-0444
Keller Williams Realty SW Assoc., LLC
700 Main Ave, Durango CO 81301
Real Estate Services
Sellers & Buyers
Check out our website & About Rob & Testimonials https://www.durangoescapes.com
Rob Johnston/REALTOR Keller Williams Realty Southwest Associates, LLC
Durango, CO 81301
970-759-0444 Rob.johnston@kw.com
Specializing in Farm/Ranch, Residential (In Town & Rural)
Mountain Resort - Oil/Gas & Right of Way Expert Guiding you from Contract to Closing!
All aspects of dirt work and concrete.
Foundations
Driveways
Waste water disposal systems
Insured
Call 970-946-4408
DENGREY BUILDERS LLC
970-501-8373
816-885-0253
www.dengreyb.com
NEW CONSTRUCTION / REMODELS / DECKS AND MORE
WE ALSO CONSULT FOR NEW BUILDS
Email: fletchergj64@gmail.com
Shirts & hats. Printing, mailing, promotional products.
Main Street, Cortez
970-565-1144
Kilgore American Indian Art
Kelly Kilgore
Appraisals & Sales
602-448-2182 970-533-9138
kilgoreamericanindianart.net
kellyindianart@gmail.com
Mancos, Colorado
100 W. Grand Ave.
If You Home Needs Services, Call Us!
Room additions & Remodeling
Baths & Kitchens
Carports
Mobile Homes
Concrete
Patios & Decks
Masonry
Brick & Stone
Pavers
Fireplaces
Tile & Drywall & Laminate Floors
Bobcat Dirt Work
NO JOB TOO SMALL!
CENTURY CONSTRUCTION
970-382-1812
2005 MAZDA RX8 Immaculate one owner, always housed in garage. 163,914 miles, new engine @ 96k, new trans @ 135k, new clutch @ 155k. 245X40 ZR18 Custom wheels. 97y speed rated tires. 970-761-1173 carlwilles@gmail.com $6000.00
Invader fish/ski boat, inboard/outboard, 135HP Merc Cruiser engine, 2 batteries, inboard battery charger. Minnkota trolling motor. Complete set of boat covers and boat travel cover. Live well. Hummingbird fish finder with wide side. 2 lead core trolling rods, 6 life vests. 2 water skis, 1 slalom ski. 2 water ski vests. Mounted trolling plate. Stainless steel prop. Boat has been stored indoor. Call 719-687-2952.
27987
ADMINISTRATIVE REVIEW BOARD
NOTICE OF HEARING
Notice is hereby given that the following applications have been filed with the Administrative Review Board of the City of Farmington.
Petition ARB 25-18 – A variance to two of the density and dimensional standards outlined in Section 2.8.2 of the Unified Development Code (UDC): 1. Side interior setback of 5 feet and 2. Lot Width of 60 feet.
Otherwise Located at 211 N. Auburn Ave.
Petition ARB 25-26 – A variance to two of the mobile and manufactured home park standards outlined in Section 2.4.31.D of the Unified Development Code (UDC): (3). All driveways or other means of vehicular circulation in the mobile home park shall be paved. (4). Minimum pavement width is 24 feet. This variance would waive the requirement of UDC, Section 5.2.11(C) Surfacing and maintenance (1) Minimum surfacing for off-street parking and access shall consist of two inches of asphaltic concrete on prime coat over a four-inch compacted subgrade.
Otherwise Located at 325 Spruce St.
Presentation/Action - Open Meeting Act Resolution 2025
A public hearing will be held before the Administrative Review Board of the City of Farmington on Thursday, May 8, 2025 at 6:00 p.m. in City Council Chambers, City Hall, 800 Municipal Drive, Farmington, NM, to consider these variance requests. All persons of interest are invited to attend and shall have an opportunity to be heard.
Tami Spencer
Administrative Assistant
505-599-1301
Published in Tri-City Record
April 23, 2025
28054
La Plata County Expenditures paid March 2025
Published under the direction of the La Plata County Board of County Commissioners
4 Rivers-Parts-136.03, 4 Imprint-Admin-735.80, A.D. Design-Printing-159.00, Acme-HIDTA-2,385.00, Acorn-Litigation-504.00, Advanced Petroleum-Services-557.50, Advertising Innovati-Clothing-59.00, All Traffic-Software Maint-15,300.00, Alternative Horizons-PSA-2,035.00, American Airlines-Mandated-857.59, American Bio-CBI check-504.00, American Electric-Supplies-1,071.66, Ancell Environ-Consultants-1,001.80, Animas Alano-PSA-2,035.00, Answer Topeka-Supplies-33.00, Argis-Services-2,849.25, Armentano, Daniel-Training-218.00, Arnall, Michael-Pathology-3,400.00, Asi Cobra-Services-128.00, Asiflex-Services-399.50, AT&T-Phone-9,390.07, Atmos-Gas-14,320.23, Aunt Hatties-Food-2,240.21, Axis-Grant, Rent-111,037.11, Barnett, David-Training-218.00, Basin Co-Op-Gas-1,554.05, Bayfield Towing-Towing-692.37, Behavioral Intervent-Monitoring-1,773.50, Ben E. Keith-Food-937.76, Betzing, Greg-Reimburs-79.95, Big Brothers Big Sis-PSA-6,511.00, Bishop Lifting-Supplies-449.56, BNB-Commissary-131.80, Bob Barker-Supplies-516.80, Bob's Johns-Rental-80.11, Brennan-Fuel-33,886.81, Brown-Cole, Alison-Supplies-88.31, Bruckner-Parts-1,456.73, Calhoun, Zachary-Reimbursemnt-265.00, Callyo 2009-Software-3,888.00, Canon-Photocopy-4,533.92, Cascade-Supplies-132.60, Cascade Xpress-Supplies-1,060.00, CCNC-Dues-200.00, Cedar Networks-Software Maint-100.00, Centurylink-Phone-3,651.60, Chaffee County-Admin-25.00, Charter Comm-Investigative-300.00, City of Durango-Sales tax, Library, Utilities-1,318,387.66, CJB-Parts-2,248.67, CBI-Services-1,506.50, Colorado Cnty Atty-Dues-600.00, Colorado Dept-Supplies-200.00, Colorado Dept of Pub-Services-5,204.44, Colorado Info-Services-1,650.00, Colorado Secretary-Training-20.00, CSU-Services-22,181.21, Community Compassion-Admin-300.00, Community Connection-PSA-8,139.00, Community Foundation-PSA-1,828.00, Companeros-PSA-4,070.00, Conerly & Callahan-Civil Process-21.10, Conservation Legacy-Contract-1,102.81, Costar-Software-495.00, Cowing, Maggie-Training-218.00, Cristol, Marjorie-Services-9,950.00, CSS Client-Client/Provider-100.00, Curemd-Services-3,156.25, Curtis Blue Line-Clothing-469.90, Custom Products-Parts-658.65, Cw Client-Client/Provider-2,805.00, Desert Mountain-Mag Chloride-52,501.10, Desert Sun-Supplies-212.76, DHE-Computers-45,142.00, Dictate-Mandated-82.80, Digitcom-Supplies-167.68, Directv-Subscription-128.99, Disabled American Vets-Rent-2,100.00, Diversified-Client/Provider-3,830.00, Division of Oil-Services-35.00, Donnelly, Sydney-Travel-381.17, Drug & Alcohol-Services-470.00, Durango Edu-GED-3,345.00, Durango Food Bank-PSA-15,627.00, Durango Herald-Advertising-4,670.35, Durango Motor-Parts-121.55, Durango Natural Food-Supplies-326.69, Durango School-Rent-24,000.00, Dynamic Planning-Risk-2,521.20, Early Childhood Coun-PSA-1,628.00, Elements-Equip-5,302.00, Emily Ragsdale-Kuepp-Client/Provider-375.00, Engineering Manageme-Monitor-11,573.25, Eurofins-Monitor-4,395.00, Express-Services-3,168.08, Falk, Eric-Training-218.00, Farmington Freight-Parts-303.98, Fastenal-Parts-969.86, Fasttrack-Phone-3,330.14, Fedex-Postage-111.09, Figueroa, Chelsey-Postage-83.78, Firestone-Parts-2,605.28, Fleetpride-Parts-1,092.91, Florida Water Conser-Gravel & Sand-2,965.80, Fort Lewis College-Training-84.59, Four Corners Office-PSA-12,000.00, Four Corners Rainbow-PSA-1,964.90, Fremont Cnty Sheriff-Admin-38.36, Fresh Off The Press-Supplies-47.50, Galls-Clothing-409.04, Garrhs-Services-5,459.00, Glaxosmithkline-Supplies-4,251.64, Goff-Consultants-1,200.00, Good News-Commissary-1,500.00, Grainger-Services-2,405.34, Granicus-Software Maint-17,015.28, Guardian-Services-95.00, Guest First-Client/Provider-1,580.00, Gullion, Jon-Reimbursement-105.00, Harrington, Luke-HIDTA-5,000.00, HD Supply-Supplies-2,269.85, Health Care-Software Maint-880.00, High Desert Psych-Client/Provider-150.00, Hoffman, Parker-Counsel-13,936.71, Homesfund-PSA-118,559.30, Hoofprint-Client/Provider-420.00, Housing Solutions-PSA-40,787.00, Hughes, Tracie-Training-218.00, Imagenet-Photocopy-2,689.39, IMS-Consultants-1,650.80, Inland-Parts-464.21, Insight-Fees-3,580.80, Integrity Glass-Repair & Maint-1,011.73, Intellectual Tech-Services-757.05, IP Access-Software Maint-2,795.00, It Voice-Services-197.50, J&T-Supplies-78.60, Jackson, Danette-Travel-381.40, Jakubanis, Terrence-Medical-1,050.00, James G Anderson-Civil Process-12.40, Janet Wiley-10B Remodel-2,437.50, JLM Tire-Disposal-480.25, June Reed, Dixie-Travel-118.00, Just Click-Supplies-38.98, Kellinger, Courtney-Reimbursement-840.00, Kilgore-Gravel & Sand-23,850.33, Kolter, Danny-Reimbursement-69.98, L&L Plumbing-Services-476.42, LPC Humane Society-PSA-141,214.75, LPC Sheriff-Witness-27.50, LPC Treas-Rent-9,443.61, La Plata Economic Dev-PSA-40,000.00, LPEA-Utilities-6,048.30, La Plata Family Cent-Contract-10,933.15, La Plata West-Water & Sewer-195.00, Lab Corp-Client/Provider-634.48, Labrepco-Equip-17,951.00, Lake Durango-Water-90.00, Language Line-Services-659.12, Leadsonline-Equip & Software-3,899.00, Lease Servicing-Photocopy-1,041.76, Leif A Nelson-Civil Process-4.20, Lexipol-Software Maint-15,131.75, Lexis Nexis-Dues-455.32, Life Path-Services-1,125.00, Little Acres-Locates-1,100.00, Little, Jerry-Reimbursement-155.00, Liv Mackenzie-Client/Provider-310.00, Loftus, Madeline-Travel-727.90, Logic-Consultants-650.00, Maintenance Resource-Services-13,515.00, Manna-Homeless, PSA-212,208.00, MB Police-Clothing-307.52, Mckesson-Supplies-1,861.44, Meador, Bryan-Supplies-116.00, Meadow Gold-Food-3,649.99, Medico-Mart-Supplies-4,720.08, Merle Schwebke-Rent-228.91, MFI-Supplies-14,751.53, MHC-Parts-5,127.52, Miller Cohen-Civil Process-3.30, Mobile Jo-JBBS-868.00, Montezuma Cnty-Witness-17.50, Morehart-Parts-2,568.33, Morin, Emily-Meetings-393.00, Motorola-Software Maint-6,825.00, Mountain Studies-PSA-2,442.00, Mulhern, Dawn-Services-1,500.00, Nabors, Cyrus-Training-567.00, N-Ear-Clothing-3,711.00, Nelson & Kennard-Civil Process-7.20, Network Cabling-Security-275.00, Nicole Fuller-Diversion-90.00, NMS-Toxicology-2,285.00, Nunn Construction-10B Remodel-134,839.48, Oak Tree Resources-Client/Provider-989.35, Office Depot-Supplies-3,466.49, Office of the DA-Mandated-615.66, Optical Services-Services-104.00, O'Reilly-Parts-431.84, Otowi-Training-600.00, Pace & Little-Civil Process-40.00, Pappas Hayden-Civil Process-18.30, Parts Authority-Parts-328.20, Pearson Vue-GED-27.25, Peregrine-Photocopy-7,665.42, Petty Cash-Supplies-30.09, Phoenix Data-Services-181.00, Pinnacol-Repairs-20,263.27, Pitney Bowes-Postage-627.70, Pix4D-Equip & Software-3,295.00, Point to Point-Supplies-2,450.00, Psychological Dimens-Services-450.00, Pueblo Community-Training-9,233.83, Purcell-Parts-10,402.40, Purchase Power-Postage-5,000.00, Pyramid-Training-104.78, QA Balance-Supplies-295.00, R&S-Supplies-936.01, R.T.A.-Clinic Buildout-2,232.00, Radiology Assoc-Client/Provider-20.26, Rado-Roe-Carpet-7,500.00, Ramirez-Grant-3,140.78, Raymond Bennett-Waste Water-820.00, Reliable Waste-Contract-1,763.20, Reserve Account-Postage-3,609.45, Restorative-Grant-3,000.00, Reuille-Dupont, Stacy-Admin-150.00, Revize-Software Maint-6,500.00, River Roost-Client/Provider-1,570.95, Road Side-Supplies-4,887.50, Roberts, Tiffani-Travel-663.00, Robinson, Megan-Travel-143.20, Room-Furniture-37,042.50, Runbeck-Postage-21,164.32, S&S Lock-Services-1,240.00, San Juan Cnty-Admin-42.00, Sanofi-Supplies-7,809.42, Saunders, Charles-Meetings-393.00, SCAPE-PSA-10,000.00, Security-Transports-11,257.32, SASO-PSA-2,035.00, SGM-Consultants-34,045.00, Shamrock-Food-44,531.80, Short Elliott-Consultants-5,797.50, So Durango Sanita-Water & Sewer-240.00, Southern Colorado-PSA-54,650.00, Southern Health-Medical-57,287.91, Southfork Storage-Client/Provider-400.00, Southwest Ag-Parts-567.77, Southwest Center-PSA-5,697.00, Southwest Horizon-Contract-374.00, Southwestern Water-PSA-5,000.00, Stat Medical-Client/Provider-210.00, State of Colorado-Postage-4,668.49, Stericycle-Services-235.94, Summit Supply-Culverts-4,910.40, Sun Glass-Repair & Maint-1,193.00, SW Colorado SBDC-PSA-5,000.00, Table to Farm-Services-425.00, Target Rental-Parts-3,814.84, The Hive-Travel-2,078.00, Town of Bayfield-Sales tax-109,076.00, Town of Ignacio-Sales tax-96,805.00, Trane-Services-16,887.44, Transwest-Parts-1,609.24, Travelers-Ins.-3,002.00, Trinity-Commissary-110.58, TRS-Services-665.00, Turiel, Rachel-Grant-100.00, Tyler, Justin-Reimbursement-145.99, Uline-Supplies-3,392.24, Unifirst-Clothing-1,548.35, United Way-Services-1,250.00, US Standard Sign-Supplies-4,272.72, Utility Notification-Projects-134.10, Vargo & Janson-Civil Process-31.10, Verizon-Phone-240.14, Vital Records-Admin-303.21, VOA-PSA-24,416.00, Wagner-Parts-3,722.11, Webgis-Software Maint-3,000.00, Wells Fargo-Misc-140,803.86, Welter-Services-961.25, Western Paper-Supplies-7,405.12, Wildfire-PSA-25,000.00, Women's Resource-PSA-966.00, Zunesis-Grant-512.67.
Published in Durango Herald
April 23, 2025
28077
PUBLIC NOTICE OF PETITION FOR CHANGE OF NAME
Case Number: 25C2085
Public Notice is given on 4/14/25 that a Petition for a Change of Name of an Adult has been filed with the La Plata Court.
The Petition requests that the name of Katie Christine Butzen be change to Katie Rousar Butzen.
KANDI MCCOY
By /s/ Clerk of Court/Deputy Clerk
SEAL
Published in Durango Herald
April 23, 25, 27, 2025
28086
NOTICE TO CREDITORS
Estate of William Carl Hobbs aka William C. Hobbs aka William Hobbs aka Will Hobbs, Deceased
Case Number 2025PR30042
All persons having claims against the above named estate are required to present them to the personal representative or to District Court of La Plata, County, Colorado on or before August 23, 2025, or the claims may be forever barred.
Barbara Hobbs Morrissey
aka Barbara Ann Morrissey
13240 Pierce Road
Saratoga, California 95070
Published in Durango Herald
April 25, May 2, 9, 2025
27994
NOTICE TO CREDITORS
Estate of Kimberly Lynn Heikens, Deceased Case Number 25 PR 2025
All persons having claims against the above-named estate are required to present them to the personal representative or to District Court of La Plata County, Colorado on or before August 20, 2025, or the claims may be forever barred.
Robert Heikens, Personal Representative
13935 E Progress Ct
Aurora, CO 80015
Published in Durango Herald
April 20, 27, May 4, 11, 2025
28011
April 15, 2025
STATE OF COLORADO )
COUNTY OF LA PLATA ) SS.
CITY OF DURANGO )
I hereby certify that the attached is a true and exact copy of the election results for the City of Durango Colorado where the City Council approved the election results on April 15, 2025.
In witness whereof I have hereunto set my hand and the seal of the City of Durango this 16th day of April 2025.
/s/ Faye Harmer
City Clerk
SEAL
Election Summary Report
General Election
La Plata
April 01, 2025
Summary for: All Contests, All Districts, All Tabulators, All Counting Groups
2025 City of Durango Election
Official Election Results
Voters Cast: 4,895 of 14,307 (34.21%)
Durango City Council (Vote for 3)
Total
Times Cast 4,895 / 14,307 34.21%
Candidate Party Total
Shirley Gonzales 2,738
Olivier Bosmans 1,310
Kip Koso 3,582
Chris Elias 1,787
Jessika Buell 2,712
Total Votes 12,129
Unresolved Write-in 0
CITY OF DURANGO BALLOT QUESTION 2A (Vote for 1)
Total
Times Cast 4,895 / 14,307 34.21%
Candidate Party Total
Yes/For 3,249
No/Against 1,558
Total Votes 4,807
Unresolved Write-In 0
SEAL
Published in Durango Herald
April 20, 2025
28025
NOTICE TO CREDITORS
Estate of Zachary Boudin Tankerlsey, Deceased
Case Number: 2025PR2014
All persons having claims against the above named estate are required to present them to the personal representative or to District Court of La Plata County, Colorado on or before August 20, 2025, or the claims may be forever barred.
Christina B Hood
5548 CR 228
Durango, CO 81301
Published in Durango Herald
April 20, 27, May 4, 2025
28031
ORDINANCE O-2025-XX
AN ORDINANCE AMENDING, IN PERTINENT PART, THE DURANGO CODE OF ORDINANCES, CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE I – APPLICATION AND ADOPTION OF MODEL TRAFFIC CODE – SECTION 24-2 – Model traffic code adopted, TO READ AS FOLLOWS:
(Red type indicates addition of text, strike through indicates original text removed,
empty brackets [] indicate omitted and unchanged text)
Sec. 24-2. - Model traffic code adopted.
Pursuant to C.R.S. § 31-16-201 et seq., there is hereby adopted by reference Parts 1, 2, 5 through 12, 14, 15 and 19 of Article I and all of Article II of the 20102024 Edition of the Model Traffic Code for Colorado Municipalities promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this Chapter and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Three (3) copies of the model traffic code adopted herein are on file in the offices of the city clerk and may be inspected during normal business hours.
The adopted provisions of the 20102024 Edition of the Model Traffic Code shall exclude the following:
(1) Any provision declaring a violation as a Class A or B traffic infraction or Class 1, 2 or 3 misdemeanor offense.
(2) Any provision declaring a fine to be paid, community service to be performed, or jail time to be served.
(3) Any provision declaring how moneys collected from fines shall be disbursed.
(4) The provisions of Section 116—Restrictions for minor drivers—Definitions; Section 613—Failure to pay toll established by regional transportation authority; Section 1011—Use of runway vehicle ramps; Section 1012—High occupancy vehicle (HOV) and high occupancy toll (HOV) lanes; Section 1210—Designated areas on private property for authorized vehicles.
(5) Any provision of the 2010 Model Traffic Code that is in conflict with any provision of the Code of Ordinances, City of Durango.
WHEREAS, the City Council has identified a need to update the model traffic code; and
WHEREAS, public health, safety, and welfare of the public will be enhanced by the adoption of the provisions of this Ordinance; and
WHEREAS, the City Council desires to amend the code as prescribed in this Ordinance.
NOW THEREFORE THE CITY OF DURANGO HEREBY ORDAINS THAT THE DURANGO CODE OF ORDINANCES, CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE I – APPLICATION AND ADOPTION OG MODEL TRAFFIC CODE – SECTION 24-2 – Model traffic code adopted, BE AMENDED TO READ AS FOLLOWS:
Sec. 24-2. - Model traffic code adopted.
Pursuant to C.R.S. § 31-16-201 et seq., there is hereby adopted by reference Parts 1, 2, 5 through 12, 14, 15, 17 and 19 of Article I and all of Article II of the 2024 Edition of the Model Traffic Code for Colorado Municipalities promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, Denver, Colorado 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the city. The purpose of this Chapter and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Three (3) copies of the model traffic code adopted herein are on file in the offices of the city clerk and may be inspected during normal business hours.
The adopted provisions of the 2024 Edition of the Model Traffic Code shall exclude the following:
(1) Any provision declaring a violation as a Class A or B traffic infraction or Class 1, 2 or 3 misdemeanor offense.
(2) Any provision declaring a fine to be paid, community service to be performed, or jail time to be served.
(3) Any provision declaring how moneys collected from fines shall be disbursed.
(4) The provisions of Section 116—Restrictions for minor drivers—Definitions; Section 613—Failure to pay toll established by regional transportation authority; Section 1011—Use of runway vehicle ramps; Section 1012—High occupancy vehicle (HOV) and high occupancy toll (HOV) lanes; Section 1210—Designated areas on private property for authorized vehicles.
(5) Any provision of the 2010 Model Traffic Code that is in conflict with any provision of the Code of Ordinances, City of Durango.
This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF
THE CITY OF DURANGO
Attest:
_________________________
Mayor
_________________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-XX was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/______________________
City Clerk
Published in Durango Herald
April 20, 2025
28032
ORDINANCE O-2025-XX
AN ORDINANCE ENACTING A VIOLATION FOR PARKING IN PRIVATE PARKING LOTS OR ON PRIVATE PROPERTY CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE III – PARKING ADMINISTRATION AND REGULATION – SECTION 24-81 – Parking Motor Vehicles on Private Property, TO READ AS FOLLOWS:
Sec. 24-81. – Parking Motor Vehicles on Private Property.
PARKING MOTOR VEHICLES ON PRIVATE PROPERTY:
(1) It is unlawful for any person to park or stand a motor vehicle or other personal property, whether occupied or not, on the premises of another or person in the lawful possession of such private property without the express or implied consent of the owner or person in possession of the property, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading.
(2) Vehicles considered to be illegally parked on any parking lot or any private parking area shall be reported by the owner or manager of such parking lot or private parking area to the police department for issuance of an appropriate parking citation. Any police officer or any employee of the City designated to give such notices as part of their official duties pursuant to sec. 24-80 of this code is hereby empowered to issue an appropriate parking citation or summons and complaint under this Code.
(3) Any person who parks or stands a vehicle in violation of this ordinance may be subject to a parking citation, fine, or other penalties as established by the City.
WHEREAS, the City of Durango recognizes the importance of maintaining public order and the property rights of private property owners and lawful possessors of private property; and
WHEREAS, the City acknowledges that unauthorized parking on private property can cause disruption, inconvenience, and potential hazards for property owners, tenants, and the general public; and
WHEREAS, it is the goal of the City to promote and protect the lawful and safe use of private property by regulating parking practices on privately-owned premises to ensure that motor vehicles are only parked with the consent of the property owner or lawful possessor; and
WHEREAS, the City Council desires to provide the authority for enforcement of these regulations, including the issuance of parking citations and summons for violators of the ordinance; and
WHEREAS, the City Council of the City of Durango desires to adopt this amendment to the Durango Code of Ordinances
NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF DURANGO, COLORADO THAT CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE III – PARKING ADMINISTRATION AND REGULATION BE AMENDED BY ADDING SECTION 24-8 PARKING MOTOR VEHICLES ON PRIVATE PROPERTY AS FOLLOWS:
Sec. 24-81. – Parking Motor Vehicles on Private Property.
PARKING MOTOR VEHICLES ON PRIVATE PROPERTY:
(1) It is unlawful for any person to park or stand a motor vehicle or other personal property, whether occupied or not, on the premises of another or person in the lawful possession of such private property without the express or implied consent of the owner or person in possession of the property, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading.
(2) Vehicles considered to be illegally parked on any parking lot or any private parking area shall be reported by the owner or manager of such parking lot or private parking area to the police department for issuance of an appropriate parking citation. Any police officer or any employee of the City designated to give such notices as part of their official duties pursuant to sec. 24-80 of this code is hereby empowered to issue an appropriate parking citation or summons and complaint under this Code.
(3) Any person who parks or stands a vehicle in violation of this ordinance may be subject to a parking citation, fine, or other penalties as established by the City.
This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF
THE CITY OF DURANGO
Attest:
______________________
Mayor
______________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-XX was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/____________________
City Clerk
Published in Durango Herald
April 20, 2025
28033
LEGAL NOTICE
ORDINANCE O-2025-0020
AN ORDINANCE AUTHORIZING THE CITY OF DURANGO TO SUBLEASE THE OFFICES LOCATED AT 802 MAIN AVENUE TO LUCKY SERVICES, LLC, THE BOARD OF TRUSTEES FOR FORT LEWIS COLLEGE, AND THE DURANGO BUSINESS IMPROVEMENT DISTRICT
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance O-2025-0020 was introduced and read at regular meeting of the City Council held at the City Hall, in Durango, Colorado, on April 1st, 2025 and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 6th day of April, prior to final consideration by the City Council.
I further certify that Ordinances O-2025-0020 was duly adopted by the Durango City Council in a regular meeting on the 15th day of April, 2025, and that in accordance with instructions received from the Durango City Council, said Ordinances were published by title only in the Durango Herald on the 20th day of April, 2025.
/s/Faye Harmer
City Clerk
Published in Durango Herald
April 20, 2025
28034
ORDINANCE O-2025-XX
AN ORDINANCE AMENDING, IN PERTINENT PART, THE DURANGO CODE OF ORDINANCES, CHAPTER 16 – NOISE – SECTION 16-8 – Unreasonable noise prohibited, TO READ AS FOLLOWS:
(Red type indicates addition of text, strike through indicates original text removed,
empty brackets [] indicate omitted and unchanged text)
Sec. 16-8. - Unreasonable noise prohibitedNoise disturbance – prohibited noise.
(a) In addition to the specific prohibitions outlined in section (e) of this part, Nno person shall make, continue or cause to be made or continued any unreasonable noise disturbance, and no person shall knowingly permit such unreasonable noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation.
(b) "Noise Disturbance" means any sound which:
(1) endangers or injures the safety or health of humans or animals;
(2) annoys or disturbs a reasonable person of normal sensitivities,
(3) endangers or injures personal or real property.
(c) UnreasonablenNoise constituting a noise disturbance is hereby declared to be a nuisance and may be abated in accordance with law.
(d) Determination of a noise disturbance:
(1) Sound levels radiating from a property line at a distance of twenty-five (25) feet or more therefrom in excess of the db(A) established in section 16-5 of this part shall constitute prima facie evidence of a noise disturbance.
(1)(2) For purposes of this section, officers are empowered to make a prima facie determination as to whether a noise is unreasonable constitutes a noise disturbance, which determination mayshall be based upon, but need not be limited to, a consideration of the following factors:
(1)(i) The time of day or night;
(ii) The volume level;
(2)(iii) The size of any gathering of persons creating or contributing to the noise;
(3)(iv) The presence or absence of noise amplification equipment including, but not limited to speakers, radios, or musical instruments;
(v) Whether the noise can be heard from one hundred (100’) feet away from its source;
(vi) The duration of the noise;
(4)(vii) The type of neighborhoodlocation in which such noise is occurring; and
(5)(viii) Any other factors tending to show the magnitude and/or disruptive effect, or potential harm caused by of the noise.
(e) In any prosecution charging a violation of this section, proof that the owner ofr tenant of the premises upon which the unreasonable noise disturbance occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur.
(f) With regard to motor vehicles, and without limiting the generality of subsection (c) above, uProhibited noises shall include, but not be limited to:
(1) The continuous or repeated sounding of any horn or signal device of a motor vehicle, except as a danger signal. For purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time.
(2) The operation of any motor vehicle in a manner which causes excessive noise as a result of an unlawful, defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal.
(3) If sound broadcast from speakers or similar equipment from a motor vehicle is audible within other motor vehicles on the road with the windows up or closed.
(4) The loading of any garbage, trash or compactor truck, or any other truck involving the loading or unloading of boxes, crates, equipment or other objects within residential zones or residential areas between the hours of 7:00 p.m. of one day and 6:00 a.m. of the following day.
(5) The operation or engaging of a dynamic braking device within the city except for the aversion of immediate danger.
(6) The use of any device or instrument that creates or amplifies sound—including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music—on a public way, for the purpose of communication or entertainment, is prohibited if the sound produced is louder than the average conversational level at a distance of one hundred (100’) feet or more from the source.
(g) Exemptions: The following uses and activities shall be exempt from noise level regulations:
(1) Noise resulting from emergencies as described in section 16-12 of this Code;
(2) Noise resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(3) Noise resulting from emergency work as described in section 16-12 of this Code;
(4) Noise resulting from activities of temporary duration permitted by law and by permit pursuant to section 18-32 of this Code;
(5) Noise resulting from non-commercial public speaking and from public assembly activities;
(5) Noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved in accordance with sections 16-13, 16-14, and 16-15 of this part.
WHEREAS, the City of Durango recognizes the ongoing need to address noise disturbances to protect the health, safety, and general welfare of its residents and visitors; and
WHEREAS, the City has determined that certain amendments to section 16-8 of the City Code are necessary to enhance the regulation of noise disturbances, including clarifications of prohibited noise sources and exception to this part; and
WHEREAS, the City Council of the City of Durango desires to adopt this amendment to the Durango Code of Ordinances
NOW THEREFORE THE CITY OF DURANGO HEREBY ORDAINS THAT THE DURANGO CODE OF ORDINANCES, CHAPTER 16 – NOISE – SECTION 16-8 – Unreasonable noise prohibited, BE AMENDED TO READ AS FOLLOWS:
Sec. 16-8. Noise disturbance – prohibited noise.
(a) In addition to the specific prohibitions outlined in section (e) of this part, no person shall make, continue or cause to be made or continued any noise disturbance, and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation.
(b) "Noise Disturbance" means any sound which:
(1) endangers or injures the safety or health of humans or animals;
(2) annoys or disturbs a reasonable person of normal sensitivities,
(3) endangers or injures personal or real property.
(c) Noise constituting a noise disturbance is hereby declared to be a nuisance and may be abated in accordance with law.
(d) Determination of a noise disturbance:
(1) Sound levels radiating from a property line at a distance of twenty-five (25) feet or more therefrom in excess of the db(A) established in section 16-5 of this part shall constitute prima facie evidence of a noise disturbance.
(2) For purposes of this section, officers are empowered to make a prima facie determination as to whether a noise constitutes a noise disturbance, which determination shall be based upon, but need not be limited to, a consideration of the following factors:
(i) The time of day or night;
(ii) The volume level;
(iii) The size of any gathering of persons creating or contributing to the noise;
(iv) The presence or absence of noise amplification equipment including, but not limited to speakers, radios, or musical instruments;
(v) Whether the noise can be heard from one hundred (100’) feet away from its source;
(vi) The duration of the noise;
(vii) The location in which such noise is occurring; and
(viii) Any other factors tending to show the magnitude and/or disruptive effect, or potential harm caused by of the noise.
(e) In any prosecution charging a violation of this section, proof that the owner or tenant of the premises upon which the noise disturbance occurred was present at the time of the violation shall constitute prima facie evidence that such person was in control of the premises and knowingly permitted the violation to occur.
(f) Prohibited noises shall include, but not be limited to:
(1) The continuous or repeated sounding of any horn or signal device of a motor vehicle, except as a danger signal. For purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time.
(2) The operation of any motor vehicle in a manner which causes excessive noise as a result of an unlawful, defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal.
(3) If sound broadcast from speakers or similar equipment from a motor vehicle is audible within other motor vehicles on the road with the windows up or closed.
(4) The loading of any garbage, trash or compactor truck, or any other truck involving the loading or unloading of boxes, crates, equipment or other objects within residential zones or residential areas between the hours of 7:00 p.m. of one day and 6:00 a.m. of the following day.
(5) The operation or engaging of a dynamic braking device within the city except for the aversion of immediate danger.
(6) The use of any device or instrument that creates or amplifies sound—including but not limited to any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music—on a public way, for the purpose of communication or entertainment, is prohibited if the sound produced is louder than the average conversational level at a distance of one hundred (100’) feet or more from the source.
(g) Exemptions: The following uses and activities shall be exempt from noise level regulations:
(1) Noise resulting from emergencies as described in section 16-12 of this Code;
(2) Noise resulting from any authorized emergency vehicle when responding to an emergency call or acting in time of emergency;
(3) Noise resulting from emergency work as described in section 16-12 of this Code;
(4) Noise resulting from activities of temporary duration permitted by law and by permit pursuant to section 18-32 of this Code;
(5) Noise resulting from non-commercial public speaking and from public assembly activities;
(5) Noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved in accordance with sections 16-13, 16-14, and 16-15 of this part.
This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF
THE CITY OF DURANGO
Attest:
_________________________
Mayor
_________________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-xx was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/_____________________
City Clerk
Published in Durango Herald
April 20, 2025
28035
ORDINANCE O-2025-XX
AN ORDINANCE AMENDING, IN PERTINENT PART, THE DURANGO CODE OF ORDINANCES, CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE IV – PENALTIES AND PROCEDURES, TO READ AS FOLLOWS:
(Red type indicates addition of text, strike through indicates original text removed,
empty brackets [] indicate omitted and unchanged text)
Sec. 24-91. - Traffic offenses classified; schedule of fines; penalties for traffic violations; default judgment.
(a) It is a traffic offense for any person to violate any provision of the adopted model traffic code or this chapter.
1. A violation of the model traffic code or this chapter is a traffic infraction constitution only a civil matter, except for the following offenses or any violations declared to be a misdemeanor in this Code:
i. Reckless driving;
ii. Eluding or attempting to elude a police officer;
iii. Speed contests;
iv. Careless driving causing bodily injury or death to another;
v. Driving twenty-five (25) or more miles per hour in excess of the reasonable and prudent speed or twenty-five (25) or more miles per hour in excess of the maximum lawful speed limit of seventy-five (75) miles per hour;
vi. Driving without insurance;
vii. Driving without a valid driver’s license;
viii. Unlawful possession or use of a license; and
ix. Any offense that is a counterpart of a state offense that has not been decriminalized under state law.
2. Any misdemeanor violation shall be punishable as set forth in the code section Ch. 1, 1-16. In addition, any punishment may include useful public service also known as community service, and/or driver education.
(b) Traffic infractions are subject to a penalty of up to $500, and/or useful public service also known as community service, and/or driver education.
(c) Except for a persons who are charged with traffic violations in subsections (a)(1)(i-vi) of this section, if a defendant fails to appear in the Municipal Court as required by the penalty assessment notice, summons and complaint, or as ordered by the Municipal Court, the Municipal Court shall enter a default judgement against the defendant.
1. The amount of the judgment shall be the penalty assessment or other appropriate penalty that would be assessed upon an acknowledgement or finding of guilt or liability and such additional costs, fees, and surcharges as otherwise generally imposed under this Code.
2. The Municipal Court may set aside a judgment entered under this rule on a showing of good cause or excusable neglect by the defendant. The defendant shall have ten (10) calendar days after the entry of judgment to move to set aside the judgement.
3. The defendant may satisfy the judgement entered under this rule by paying the Clerk of the Municipal Court.
4. The Court Clerk shall report all such default judgments to the Colorado Department of Revenue.
(b)(d) Pursuant to C.M.C.R. 210 (b) (4), the court may by order, which may from time to time be amended, supplemented, or repealed, designate the traffic offenses, the penalties for which may be paid at the office of the court clerk or violations bureau.
(c)(e) The court in addition to any other notice, by published order to be prominently posted in a place where fines are to be paid, shall specify by suitable schedules the amount of fines to be imposed for violations, designating each violation specifically in the schedules. Such fines will be within the limits set by ordinance.
(d)(f) The following violations shall result in a doubling of the scheduled fines:
1. If maintenance, repair or construction activities are occurring or will be occurring within four (4) hours on a portion of the public right-of-way within the City of Durango, the public works department may designate such portion of the public right-of-way as a highway maintenance, repair or construction zone by erecting or placing an appropriate sign in a conspicuous place before the area where the maintenance, repair or construction activity is taking place or is scheduled to take place within four (4) hours. Such sign shall notify the public that increased penalties for speeding violations are in effect within such zone. The public works department shall erect or place a second sign after such zone indicating that the increased penalties for speeding violations are no longer in effect. A maintenance, repair or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.
2. The penalties and surcharges imposed against any person who commits a speeding violation in a maintenance, repair or construction zone designated in accordance with the provisions of subsection (d)(1) of this section 24-91 shall be doubled.
3. The penalties and surcharges imposed against any person who commits a moving violation within a school zone shall be doubled. For purposes of this subsection, "school zone" means an area that is designated as a school zone, has appropriate signage posted indicating that the area is a school zone, and has appropriate signs posted at the beginning of the school zone indicating that the penalties and surcharges for moving violations will be doubled, as well as at the end of such zone indicating that the increased penalties for moving violations are no longer in effect.
4. The doubling of fines within a school zone pursuant to subsection (d)(3) of this section 24-91 shall not apply if the penalty and surcharge has previously been doubled pursuant to subsection (d)(2) of this section because such violation also occurred within a maintenance, repair or construction zone.
(e)(g) Fines and costs shall be paid to, receipted by, and accounted for by the violation clerk or court clerk.
Sec. 24-92. - Parties to a crime.
Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in the adopted model traffic code or this chapter to be a traffic offense, whether individually or in connection with one (1) or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of the adopted model traffic code or this chapter is likewise guilty of such offense or liable for such offense.
Sec. 24-93. - Offenses by person controlling vehicles.
It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law, the adopted model traffic code or this chapter. Any person who violates this provision commits a misdemeanor.
Sec. 24-94. - Person arrested to be taken before the proper court.
(a) Whenever a person is arrested for any violation of the adopted model traffic code or this chapter, the arrested person shall be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense as provided by law.
(b) Whenever any person who is arrested by a police officer for any violation of the adopted model traffic code or this chapter, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 24-95 or be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds.
Sec. 24-95. - Juveniles - convicted - arrested and incarcerated - provisions for confinement.
(a) Notwithstanding any other provision of law, a child, as defined in § 19-1-103(21) C.R.S., convicted of a misdemeanor traffic offense pursuant to this article 4, violating the conditions of probation imposed pursuant to this article 4, or found in contempt of court in connection with a violation or alleged violation pursuant to this article 4 must not be confined in a jail, lockup, or other place used for the confinement of adult offenders if the court with jurisdiction is located in a county in which there is a juvenile detention facility operated by or under contract with the department of human services that receives and provides care for children or if the jail is located within forty miles of such facility. The court imposing penalties pursuant to this section may confine a child for a determinate period of time in a juvenile detention facility operated by or under contract with the department of human services. If a juvenile detention facility operated by or under contract with the department of human services is not located within the county or within forty miles of the jail, a child may be confined for up to six hours in a jail pursuant to section § 19-2.5-305(4) C.R.S.
(b) (1) Notwithstanding any other provision of law, a child, as defined in § 19-1-103(21) C.R.S., arrested and incarcerated for an alleged misdemeanor traffic offense pursuant to this article 4, and not released on bond, must be taken before a municipal judge who has jurisdiction of such offense within forty-eight hours for fixing of bail and conditions of bond pursuant to § 19-2.5-305(4)(e) C.R.S. The child must not be confined in a jail, lockup, or other place used for the confinement of adult offenders for longer than six hours, after which the child may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time pursuant to this subsection (2), Saturdays, Sundays, and court holidays are included.
(2) In any case in which a child is taken before a municipal judge pursuant to subsection (b)(1) of this section, the child's parent or legal guardian shall immediately be notified by the court in which the municipal judge sits. Any person so notified by the court under this paragraph (b) shall comply with the provisions of section 42-4-1716(4) C.R.S.
Sec. 24-956. - Summons and complaint or penalty assessment notice for traffic offenses; release; registration.
(a)(1) Whenever a person commits a violation of the adopted model traffic code or this chapter other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 24-91 and C.M.C.R., the peace officer may issue and serve upon the defendant a summons and complaint which shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the code alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; shall direct the defendant to appear in a specified court at a specified time and place; shall be signed by the peace officer; and shall contain a place for the defendant to execute a written promise to appear at the time and place specified in the summons portion of the summons and complaint.
(2) A summons and complaint issued and served pursuant to paragraph (1) of this subsection (a) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing an advisement to the minor that the minor's parent or legal guardian, if known, shall be notified by the court from which the summons is issued and be required to appear with the minor at the minor's court hearing or hearings.
(b) If a peace officer issues and serves a summons and complaint to appear in municipal court upon the defendant as described in subsection (a)(1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant, the license number of the vehicle involved, if any, the number of defendant's driver's license, if any, the date and approximate location of the offense, and the date the summons and complaint if served on the defendant may be cured by amendment at any time prior to the trial or any time before verdict or findings upon an oral motion by the prosecution after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (b).
(c)(1) Whenever a penalty assessment notice for a traffic offense is issued pursuant to section 24-91, the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the code alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for such offense, the number of points, if any, prescribed for such offense pursuant to section 42-2-172, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified municipal court at a specified time and place in the event such penalty thereon is not paid; shall be signed by the peace officer; and shall contain a place for such defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty thereon, as well as such other information as may be required by ordinance and C.M.C.R. to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty thereon not be paid within the time allowed by ordinance or court order.
(2) A penalty assessment notice issued and served pursuant to section (c)(1) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing:
(I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;
(II) Preprinted signature lines following the declaration on which the reviewing person described in subparagraph (I) shall affix their signature and for a notary public to duly acknowledge the reviewing person's signature; and
(III) An advisement to the minor that:
(A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice;
(B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this subparagraph (III) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to CRS § 42-4-1710(1) (b), 42-4-1710(1.5), and 42-4-1716(4).
(2)(3) One (1) copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one (1) copy sent to the clerk of the municipal court or the municipal attorney.
(d) The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be a municipal court within the county in which the offense is alleged to have been committed.
Sec. 24-967. - Burden of proof; appeals.
(a) The burden of proof shall be upon the people, and the court shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt.
(b) Appeals from courts of record shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure.
Sec. 24-98. Failure to pay penalty for traffic offenses – failure of parent or guardian to sign penalty assessment notice – procedures.
(a) (1) Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this Code and surcharge thereon pursuant to § 24-4.2-104 (1) C.R.S., the person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person.
(2) Notwithstanding the provisions of section (a)(1), a minor under the age of eighteen years shall be required to appear at a hearing on the date and time specified in the citation and answer the complaint if the penalty assessment was timely paid but not signed and notarized in the manner required by § 42-4-1709(1.5) C.R.S.
(b) If a minor under the age of eighteen years is required to appear at a hearing pursuant to subsection (a) of this section, the minor shall so inform his or her parent or legal guardian, and the parent or legal guardian shall also be required to appear at the hearing.
(c) If the violator answers that he or she is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator.
(d) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in CRS § 18-1-405. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.
(e) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee, and other applicable costs authorized by ordinance or the court. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to this Code.
Sec. 24-979. - Compliance with promise to appear.
A written promise to appear in court may be complied with by an appearance by counsel.
Sec. 24-98100. - Procedure prescribed not exclusive.
The foregoing provisions of this chapter shall govern all police officers in making arrests without warrant or issuing citations for violations of the adopted model traffic code or this chapter, for offenses or infractions committed in their presence, but the procedure prescribed in the adopted model traffic code or this chapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade.
Sec. 24-99101. - Conviction record inadmissible in civil action.
Except as provided in sections 42-2-201 to 42-2-208, C.R.S., no record of the conviction of any person for any violation of the adopted model traffic code or this chapter shall be admissible as evidence in any court in any civil action.
Sec. 24-1002. - Traffic violation not to affect credibility of witness.
The conviction of a person upon a charge of violating any provision of the adopted model traffic code or this chapter or other traffic regulation less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding.
Sec. 24-1013. - Convictions, judgments, and charges recorded; public inspection.
(a) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of the adopted model traffic code, this chapter, or any other law regulating the operation of vehicles on highways.
(b) Within ten (10) days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of the adopted model traffic code, this chapter, or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made or the conviction was had or bail was forfeited shall prepare and immediately forward to the motor vehicle division of the department of revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.
(c) Said abstract must be made upon a form furnished by the department of revenue and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture as the case may be.
Sec. 24-1024. - Notice to appear or pay fine; failure to appear; penalty.
(a) For the purposes of this chapter, tender by an arresting officer of the summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon.
(b) Any person who violates any provision of this section commits a traffic offense.
(c)(1) Except as otherwise provided in subparagraph (2) of this paragraph (c), a person who is a parent or legal guardian of a minor under the age of eighteen years and who is required to appear in court with the minor pursuant to the provisions of this section 24 including but not limited to section 24-98(b) or 24-95(b)(2), shall appear in court at the location and on the date stated in the penalty assessment notice or in the summons and complaint or as instructed by the court.
(2) The provisions of subparagraph (c)(1) concerning the appearance of a parent or legal guardian shall not apply in a case where the minor under the age of eighteen years or the parent of the minor demonstrates to the court by clear and convincing evidence that the minor is an emancipated minor.
(3) For purposes of this subsection (c), "emancipated minor" means a minor under the age of eighteen years who has no legal guardian and whose parents have entirely surrendered the right to the care, custody, and earnings of the minor, no longer are under any duty to support or maintain the minor, and have made no provision for the support of the minor.
Sec. 24-1035. - Conviction; attendance at driver improvement school.
(a) Whenever a person has been convicted of violating any provision of the adopted model traffic code, this chapter, or other law regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school located and operating in the county of the defendant's residence and providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court.
(b) Whenever a minor under eighteen years of age has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on streets or highways, the court may require the minor to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. The court may impose the driver improvement school requirement in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for the violation. The minor, or the minor's parent or parents who appear in court with the minor in accordance with section 24-104(c), shall pay the cost of attending the designated driver improvement school. The court shall make available information on scholarships and other financial assistance available to help minors or their parents offset the costs of driver improvement school. Such school shall be approved by the court.
WHEREAS, the City of Durango recognizes the need for efficiency in processing traffic infractions and enforcing penalties; and
WHEREAS, certain traffic offenses may go unresolved due to the defendant’s failure to appear in Court; and
WHEREAS, allowing for the entry of default judgments will ensure prompt resolution of traffic infractions, minimize delays in court proceedings, and uphold the integrity of traffic regulations; and
WHEREAS, the City Council and the City of Durango desire to streamline a process for default judgments on traffic infractions.
WHEREAS, the City of Durango desires to establish a comprehensive set of procedures to effectively manage juvenile traffic offenses, including provisions for the involvement of parents or guardians in the process; and
WHEREAS, it is essential to ensure that juveniles have access to appropriate educational programs, community service opportunities, and other rehabilitative measures in lieu of traditional penalties, to promote long-term behavior modification and road safety; and
WHEREAS, this amendment seeks to expand the City's jurisdiction over traffic offenses committed by juveniles, establishing clear and fair procedures while emphasizing the obligation of parents or guardians to assist in the rehabilitative process; and
WHEREAS, the City Council and the City of Durango find that this amendment is in the best interest of public safety and the well-being of the juvenile community, providing a balanced approach to legal responsibility and youth development.
NOW THEREFORE THE CITY OF DURANGO HEREBY ORDAINS THAT THE DURANGO CODE OF ORDINANCES, CHAPTER 24 – TRAFFIC AND VEHICLES – ARTICLE IV – PENALTIES AND PROCEDURES, BE AMENDED TO READ AS FOLLOWS:
Sec. 24-91. - Traffic offenses classified; schedule of fines; penalties for traffic violations; default judgment.
(a) It is a traffic offense for any person to violate any provision of the adopted model traffic code or this chapter.
5. A violation of the model traffic code or this chapter is a traffic infraction constitution only a civil matter, except for the following offenses or any violations declared to be a misdemeanor in this Code:
i. Reckless driving;
ii. Eluding or attempting to elude a police officer;
iii. Speed contests;
iv. Careless driving causing bodily injury or death to another;
v. Driving twenty-five (25) or more miles per hour in excess of the reasonable and prudent speed or twenty-five (25) or more miles per hour in excess of the maximum lawful speed limit of seventy-five (75) miles per hour;
vi. Driving without insurance;
vii. Driving without a valid driver’s license;
viii. Unlawful possession or use of a license; and
ix. Any offense that is a counterpart of a state offense that has not been decriminalized under state law.
6. Any misdemeanor violation shall be punishable as set forth in the code section Ch. 1, 1-16. In addition, any punishment may include useful public service also known as community service, and/or driver education.
(b) Traffic infractions are subject to a penalty of up to $500, and/or useful public service also known as community service, and/or driver education.
(c) Except for a persons who are charged with traffic violations in subsections (a)(1)(i-vi) of this section, if a defendant fails to appear in the Municipal Court as required by the penalty assessment notice, summons and complaint, or as ordered by the Municipal Court, the Municipal Court shall enter a default judgement against the defendant.
a. The amount of the judgment shall be the penalty assessment or other appropriate penalty that would be assessed upon an acknowledgement or finding of guilt or liability and such additional costs, fees, and surcharges as otherwise generally imposed under this Code.
b. The Municipal Court may set aside a judgment entered under this rule on a showing of good cause or excusable neglect by the defendant. The defendant shall have ten (10) calendar days after the entry of judgment to move to set aside the judgement.
c. The defendant may satisfy the judgement entered under this rule by paying the Clerk of the Municipal Court.
d. The Court Clerk shall report all such default judgments to the Colorado Department of Revenue.
(d) Pursuant to C.M.C.R. 210 (b) (4), the court may by order, which may from time to time be amended, supplemented, or repealed, designate the traffic offenses, the penalties for which may be paid at the office of the court clerk or violations bureau.
(e) The court in addition to any other notice, by published order to be prominently posted in a place where fines are to be paid, shall specify by suitable schedules the amount of fines to be imposed for violations, designating each violation specifically in the schedules. Such fines will be within the limits set by ordinance.
(f) The following violations shall result in a doubling of the scheduled fines:
5. If maintenance, repair or construction activities are occurring or will be occurring within four (4) hours on a portion of the public right-of-way within the City of Durango, the public works department may designate such portion of the public right-of-way as a highway maintenance, repair or construction zone by erecting or placing an appropriate sign in a conspicuous place before the area where the maintenance, repair or construction activity is taking place or is scheduled to take place within four (4) hours. Such sign shall notify the public that increased penalties for speeding violations are in effect within such zone. The public works department shall erect or place a second sign after such zone indicating that the increased penalties for speeding violations are no longer in effect. A maintenance, repair or construction zone begins at the location of the sign indicating that increased penalties are in effect and ends at the location of the sign indicating that the increased penalties are no longer in effect.
6. The penalties and surcharges imposed against any person who commits a speeding violation in a maintenance, repair or construction zone designated in accordance with the provisions of subsection (d)(1) of this section 24-91 shall be doubled.
7. The penalties and surcharges imposed against any person who commits a moving violation within a school zone shall be doubled. For purposes of this subsection, "school zone" means an area that is designated as a school zone, has appropriate signage posted indicating that the area is a school zone, and has appropriate signs posted at the beginning of the school zone indicating that the penalties and surcharges for moving violations will be doubled, as well as at the end of such zone indicating that the increased penalties for moving violations are no longer in effect.
8. The doubling of fines within a school zone pursuant to subsection (d)(3) of this section 24-91 shall not apply if the penalty and surcharge has previously been doubled pursuant to subsection (d)(2) of this section because such violation also occurred within a maintenance, repair or construction zone.
(g) Fines and costs shall be paid to, receipted by, and accounted for by the violation clerk or court clerk.
Sec. 24-92. - Parties to a crime.
Every person who commits, conspires to commit, or aids or abets in the commission of any act declared in the adopted model traffic code or this chapter to be a traffic offense, whether individually or in connection with one (1) or more other persons or as principal, agent, or accessory, is guilty of such offense or liable for such offense, and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces, requires, permits, or directs another to violate any provision of the adopted model traffic code or this chapter is likewise guilty of such offense or liable for such offense.
Sec. 24-93. - Offenses by person controlling vehicles.
It is unlawful for the owner or any other person employing or otherwise directing the driver of any vehicle to require or knowingly to permit the operation of such vehicle upon a highway in any manner contrary to law, the adopted model traffic code or this chapter. Any person who violates this provision commits a misdemeanor.
Sec. 24-94. - Person arrested to be taken before the proper court.
(a) Whenever a person is arrested for any violation of the adopted model traffic code or this chapter, the arrested person shall be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense as provided by law.
(b) Whenever any person who is arrested by a police officer for any violation of the adopted model traffic code or this chapter, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 24-95 or be taken without unnecessary delay before a municipal judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds.
Sec. 24-95. - Juveniles - convicted - arrested and incarcerated - provisions for confinement.
(a) Notwithstanding any other provision of law, a child, as defined in § 19-1-103(21), C.R.S., convicted of a misdemeanor traffic offense pursuant to this article 4, violating the conditions of probation imposed pursuant to this article 4, or found in contempt of court in connection with a violation or alleged violation pursuant to this article 4 must not be confined in a jail, lockup, or other place used for the confinement of adult offenders if the court with jurisdiction is located in a county in which there is a juvenile detention facility operated by or under contract with the department of human services that receives and provides care for children or if the jail is located within forty miles of such facility. The court imposing penalties pursuant to this section may confine a child for a determinate period of time in a juvenile detention facility operated by or under contract with the department of human services. If a juvenile detention facility operated by or under contract with the department of human services is not located within the county or within forty miles of the jail, a child may be confined for up to six hours in a jail pursuant to section § 19-2.5-305(4) C.R.S.
(b) (1) Notwithstanding any other provision of law, a child, as defined in § 19-1-103(21), C.R.S., arrested and incarcerated for an alleged misdemeanor traffic offense pursuant to this article 4, and not released on bond, must be taken before a municipal judge who has jurisdiction of such offense within forty-eight hours for fixing of bail and conditions of bond pursuant to § 19-2.5-305(4)(e), C.R.S. The child must not be confined in a jail, lockup, or other place used for the confinement of adult offenders for longer than six hours, after which the child may be further detained only in a juvenile detention facility operated by or under contract with the department of human services. In calculating time pursuant to this subsection (2), Saturdays, Sundays, and court holidays are included.
(2) In any case in which a child is taken before a municipal judge pursuant to subsection (b)(1) of this section, the child's parent or legal guardian shall immediately be notified by the 188 court in which the municipal judge sits. Any person so notified by the court under this paragraph (b) shall comply with the provisions of section CRS § 42-4-1716(4).
Sec. 24-96. - Summons and complaint or penalty assessment notice for traffic offenses; release; registration.
(a)(1) Whenever a person commits a violation of the adopted model traffic code or this chapter other than a violation for which a penalty assessment notice may be issued in accordance with the provisions of section 24-91 and C.M.C.R., the peace officer may issue and serve upon the defendant a summons and complaint which shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the code alleged to have been violated, a brief description of the offense, the date and approximate location thereof, and the date the summons and complaint is served on the defendant; shall direct the defendant to appear in a specified court at a specified time and place; shall be signed by the peace officer; and shall contain a place for the defendant to execute a written promise to appear at the time and place specified in the summons portion of the summons and complaint.
(2) A summons and complaint issued and served pursuant to paragraph (1) of this subsection (a) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing an advisement to the minor that the minor's parent or legal guardian, if known, shall be notified by the court from which the summons is issued and be required to appear with the minor at the minor's court hearing or hearings.
(b) If a peace officer issues and serves a summons and complaint to appear in municipal court upon the defendant as described in subsection (a)(1) of this section, any defect in form in such summons and complaint regarding the name and address of the defendant, the license number of the vehicle involved, if any, the number of defendant's driver's license, if any, the date and approximate location of the offense, and the date the summons and complaint if served on the defendant may be cured by amendment at any time prior to the trial or any time before verdict or findings upon an oral motion by the prosecution after notice to the defendant and an opportunity for a hearing. No such amendment shall be permitted if substantial rights of the defendant are prejudiced. No summons and complaint shall be considered defective so as to be cause for dismissal solely because of a defect in form in such summons and complaint as described in this subsection (b).
(c)(1) Whenever a penalty assessment notice for a traffic offense is issued pursuant to section 24-91, the penalty assessment notice which shall be served upon the defendant by the peace officer shall contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the code alleged to have been violated, a brief description of the offense, the date and approximate location thereof, the amount of the penalty prescribed for such offense, the number of points, if any, prescribed for such offense pursuant to section 42-2-172, C.R.S., and the date the penalty assessment notice is served on the defendant; shall direct the defendant to appear in a specified municipal court at a specified time and place in the event such penalty thereon is not paid; shall be signed by the peace officer; and shall contain a place for such defendant to elect to execute a signed acknowledgment of guilt and an agreement to pay the penalty thereon, as well as such other information as may be required by ordinance and C.M.C.R. to constitute such penalty assessment notice to be a summons and complaint, should the prescribed penalty thereon not be paid within the time allowed by ordinance or court order.
(2) A penalty assessment notice issued and served pursuant to section (c)(1) on a minor under the age of eighteen years shall also contain or be accompanied by a document containing:
(I) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;
(II) Preprinted signature lines following the declaration on which the reviewing person described in subparagraph (I) shall affix their signature and for a notary public to duly acknowledge the reviewing person's signature; and
(III) An advisement to the minor that:
(A) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice;
(B) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and
(C) Noncompliance with the requirement set forth in sub-subparagraph (B) of this subparagraph (III) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to CRS § 42-4-1710(1) (b), 42-4-1710(1.5), and 42-4-1716(4).
(3) One (1) copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one (1) copy sent to the clerk of the municipal court or the municipal attorney.
(d) The place specified in the summons portion of said summons and complaint or of the penalty assessment notice must be a municipal court within the county in which the offense is alleged to have been committed.
Sec. 24-97. - Burden of proof; appeals.
(a) The burden of proof shall be upon the people, and the court shall enter judgment in favor of the defendant unless the people prove the liability of the defendant beyond a reasonable doubt.
(b) Appeals from courts of record shall be in accordance with Rule 37 of the Colorado Rules of Criminal Procedure.
Sec. 24-98. Failure to pay penalty for traffic offenses – failure of parent or guardian to sign penalty assessment notice – procedures.
(a) (1) Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this Code and surcharge thereon pursuant to § 24-4.2-104 (1) CRS, the person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person.
(3) Notwithstanding the provisions of section (a)(1), a minor under the age of eighteen years shall be required to appear at a hearing on the date and time specified in the citation and answer the complaint if the penalty assessment was timely paid but not signed and notarized in the manner required by § 42-4-1709(1.5) CRS.
(b) If a minor under the age of eighteen years is required to appear at a hearing pursuant to subsection (a) of this section, the minor shall so inform his or her parent or legal guardian, and the parent or legal guardian shall also be required to appear at the hearing.
(c) If the violator answers that he or she is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator.
(d) If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in CRS § 18-1-405. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.
(e) If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee, and other applicable costs authorized by ordinance or the court. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to this Code.
Sec. 24-99. - Compliance with promise to appear.
A written promise to appear in court may be complied with by an appearance by counsel.
Sec. 24-100. - Procedure prescribed not exclusive.
The foregoing provisions of this chapter shall govern all police officers in making arrests without warrant or issuing citations for violations of the adopted model traffic code or this chapter, for offenses or infractions committed in their presence, but the procedure prescribed in the adopted model traffic code or this chapter shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for an offense or infraction of like grade.
Sec. 24-101. - Conviction record inadmissible in civil action.
Except as provided in sections 42-2-201 to 42-2-208, C.R.S., no record of the conviction of any person for any violation of the adopted model traffic code or this chapter shall be admissible as evidence in any court in any civil action.
Sec. 24-102. - Traffic violation not to affect credibility of witness.
The conviction of a person upon a charge of violating any provision of the adopted model traffic code or this chapter or other traffic regulation less than a felony shall not affect or impair the credibility of such person as a witness in any civil or criminal proceeding.
Sec. 24-103. - Convictions, judgments, and charges recorded; public inspection.
(a) Every judge of a court not of record and every clerk of a court of record shall keep a full record of every case in which a person is charged with any violation of the adopted model traffic code, this chapter, or any other law regulating the operation of vehicles on highways.
(b) Within ten (10) days after the entry of a judgment, conviction, or forfeiture of bail of a person upon a charge of violating any provision of the adopted model traffic code, this chapter, or other law regulating the operation of vehicles on highways, the judge or clerk of the court in which the entry of a judgment was made or the conviction was had or bail was forfeited shall prepare and immediately forward to the motor vehicle division of the department of revenue an abstract of the record of said court covering every case in which said person had a judgment entered against him or her, was so convicted, or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct.
(c) Said abstract must be made upon a form furnished by the department of revenue and shall include the name, address, and driver's license number of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment or whether bail forfeited, and the amount of the fine or forfeiture as the case may be.
Sec. 24-104. - Notice to appear or pay fine; failure to appear; penalty.
(a) For the purposes of this chapter, tender by an arresting officer of the summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon.
(b) Any person who violates any provision of this section commits a traffic offense.
(c)(1) Except as otherwise provided in subparagraph (2) of this paragraph (c), a person who is a parent or legal guardian of a minor under the age of eighteen years and who is required to appear in court with the minor pursuant to the provisions of this section 24 including but not limited to section 24-98(b) or 24-95(b)(2), shall appear in court at the location and on the date stated in the penalty assessment notice or in the summons and complaint or as instructed by the court.
(2) The provisions of subparagraph (c)(1) concerning the appearance of a parent or legal guardian shall not apply in a case where the minor under the age of eighteen years or the parent of the minor demonstrates to the court by clear and convincing evidence that the minor is an emancipated minor.
(3) For purposes of this subsection (c), "emancipated minor" means a minor under the age of eighteen years who has no legal guardian and whose parents have entirely surrendered the right to the care, custody, and earnings of the minor, no longer are under any duty to support or maintain the minor, and have made no provision for the support of the minor.
Sec. 24-105. - Conviction; attendance at driver improvement school.
(a) Whenever a person has been convicted of violating any provision of the adopted model traffic code, this chapter, or other law regulating the operation of vehicles on highways, the court, in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school located and operating in the county of the defendant's residence and providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court.
(b) Whenever a minor under eighteen years of age has been convicted of violating any provision of this Code or other law regulating the operation of vehicles on streets or highways, the court may require the minor to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and instruction in traffic accident prevention. The court may impose the driver improvement school requirement in addition to the penalty provided for the violation or as a condition of either the probation or the suspension of all or any portion of any fine or sentence of imprisonment for the violation. The minor, or the minor's parent or parents who appear in court with the minor in accordance with section 24-104(c), shall pay the cost of attending the designated driver improvement school. The court shall make available information on scholarships and other financial assistance available to help minors or their parents offset the costs of driver improvement school. Such school shall be approved by the court.
This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF
THE CITY OF DURANGO
Attest:
_________________________
Mayor
________________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-xx was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/_____________________
City Clerk
Published in Durango Herald
April 20, 2025
27807
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Town of Bayfield’s Planning Commission shall hold a public hearing concerning the following request:
• A request for annexation into the Town of Bayfield and initial zoning request to Manufactured Home Park and High Density Residential.
• The location of the properties is generally: 1826 Bayfield Parkway and 350 S Buck Highway.
• Assessor Parcel Nos. 567712200026; 567711400068; 567711400064; 567711400065; 567711400069; and 56711400070.
The public hearing is to be held before the Planning Commission on May 13, 2025 at 6:30pm, or as soon as possible thereafter.
The public hearing shall be held in the Town Hall, 1199 Bayfield Parkway, Bayfield, Colorado, or at such other time or place in the event this hearing is adjourned. Further information is available through the Town of Bayfield at (970) 884-9544.
ALL INTERESTED PERSONS MAY ATTEND
Project # 2025-04 and 2025-05
LEGAL DESCRIPTIONS
Subdivision: Heich Subdivision Lots1, 2,3 and 12; T34 Sec11 R7; Bayfield, Colorado 81122.
Published in Durango Herald
April 18 and 25, 2025
27823
NOTICE OF DRAFT TITLE V OPERATING PERMITS
AND REQUEST FOR COMMENTS
Notice is hereby given that one (1) renewal application and two (2) initial applications have been submitted to the Southern Ute Indian Tribe’s Environmental Programs Department’s Air Quality Division, P.O. Box 737 MS#84, Ignacio, Colorado 81137, for the following sources of air pollution:
Applicant: SIMCOE, LLC
Facility: Florida River Central Delivery Point
Section 25, T34N, R9W, 8.50 miles northwest of Ignacio, Colorado
This source is a natural gas central delivery point.
Applicant: SIMCOE, LLC
Facility: Tiffany 2 Pad
Section 17, T33N, R6W, 6.00 miles east of Ignacio, Colorado
This source is a natural gas well pad.
Applicant: SIMCOE, LLC
Facility: Tiffany 5 Pad
Section 20, T33N, R6W, 6.75 miles east of Ignacio, Colorado
This source is a natural gas well pad.
The Air Quality Division (AQD) has prepared the draft Title V operating permits based on the information submitted by the applicant. The draft permits and accompanying statement of basis are available on the AQD’s website at http://www.southernute-nsn.gov/environmental-programs/air-quality/air-permitting/, and at the Environmental Programs Department office at 71 Mike Frost Way, Ignacio CO, 81137 between 8 a.m. and 4 p.m., Monday through Friday. Any interested person may submit written comments on the draft permit and request a hearing. Written comments and requests for hearings may be sent to the AQD in care of Daniel Powers, Air Quality Division Head, at P.O. Box 737 MS#84, Ignacio, Colorado 81137; or emailed to dpowers@southernute-nsn.gov. Any hearing request should: 1) identify the individual or group requesting the hearing, 2) state his or her address and phone number, and 3) state the reason(s) for the request. Notice of any public hearing will be provided at least 30 days in advance of the hearing. The AQD will consider the written public comments and requests for a hearing that are received within 30 days of this notice (April 18, 2025).
RELEASED TO: Durango Herald on April 7, 2025
PUBLISHED: April 18, 2025
27846
BEFORE THE ENERGY AND CARBON MANAGEMENT COMMISSION
OF THE STATE OF COLORADO
IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF FIELD RULES TO GOVERN OPERATIONS FOR THE FRUITLAND COAL FORMATION, IGNACIO-BLANCO FIELD, LA PLATA AND ARCHULETA COUNTIES, COLORADO )
) CAUSE NO. 112
) DOCKET NO. 250300039
) TYPE: SPACING
NOTICE OF HEARING
Red Willow Production Company (Operator No. 81295) (“Applicant”) filed an Application with the Commission for an order to modify and enlarge an established drilling and spacing unit on lands identified below. This Notice was sent to you because the Applicant believes you may own oil or gas (“mineral”) interests within the proposed unit. Generally, spacing is the process whereby an applicant obtains approval to assign certain mineral interests to be developed by a specific number of wells. Importantly, spacing is not pooling, and it is not an application for a drilling permit.
APPLICATION LANDS
Township 32 North, Range 5 West, N.M.P.M.
Section 6: Lot 1 (40.24), Lot 2 (40.44), NE¼, E½NW¼ (aka N½)
Township 32 North, Range 6 West, N.M.P.M.
Section 1: N½
Township 33 North, Range 5 West, N.M.P.M.
Section 29: SW¼
Section 30: Lot 3 (40.32), Lot 4 (40.32), E½SW¼, SE¼ (aka S½)
Section 31: Lot 1 (40.51), Lot 2 (40.49), Lot 3 (40.46), Lot 4 (40.26), E½W½, E½ (aka All)
Section 32: W½
Township 33 North, Range 6 West, N.M.P.M.
Section 14: W½, SE¼
Section 15: All
Section 22: Lot 1 (38.57), Lot 2 (38.35), Lot 3 (38.14), Lot 4 (37.93), N½, N½S½ (aka All)
Section 23: Lot 1 (37.89), Lot 2 (38.04), Lot 3 (38.20), Lot 4 (38.35), N½, N½S½ (aka All)
Section 24: W½
Section 25: W½, SE¼
Section 26: All
Section 27: E½
Section 35: All
Section 36: Lot 1 (37.08), Lot 2 (36.33), Lot 3 (35.58), Lot 4 (34.82), N½, N½S½ (aka All)
DATE, TIME, AND LOCATION OF HEARING
(Subject to change)
The assigned Hearing Officer will hold a hearing on the above-referenced docket number at the following date, time, and location:
Date: June 11, 2025
Time: 9 a.m.
Location: Virtual Hearing with Remote Access via Zoom
To participate, navigate to https://ecmc.state.co.us/#/home and locate the Zoom meeting link on the left side of the webpage
Energy and Carbon Management Commission
1120 Lincoln Street, Suite 801
Denver, CO 80203
PETITIONS
DEADLINE FOR PETITIONS BY AFFECTED PERSONS: May 12, 2025
Any interested party who wishes to participate formally must file a written petition with the Commission no later than the deadline provided above. Please see Commission Rule 507 at https://ecmc.state.co.us/#/home, under “Regulation,” then select “Rules.” Please note that, under Commission Rule 510.l, the deadline for petitions may only be continued for good cause, even if the hearing is continued beyond the date that is stated above. Pursuant to Commission Rule 507, if you do not file a proper petition, the Hearing Officer will not know that you wish to formally participate in this matter and the date and time of the hearing may change without additional notice to you. Parties wishing to file a petition must register online at https://oitco.hylandcloud.com/DNRCOGExternalAccess/Account/Login.aspx and select “Request Access to Site.” Please refer to ECMC’s “eFiling Users Guidebook” at https://ecmc.state.co.us/documents/reg/Hearings/External_EfilingSystemGuidebook_2023_FINAL.pdf for more information. Under Commission Rule 508, if no petition is filed, the Application may be approved administratively without a formal hearing.
Any Affected Person who files a petition must be able to participate in a prehearing conference during the week of May 12, 2025, if a prehearing conference is requested by the Applicant or by any person who has filed a petition.
ADDITIONAL INFORMATION
For more information, you may review the Application, which was sent to you with this Notice. You may also contact the Applicant at the phone number or email address listed below.
In accordance with the Americans with Disabilities Act, if any party requires special accommodations for this hearing as a result of a disability, please contact Margaret Humecki before the hearing at DNR_ECMC_Hearings_Unit@state.co.us, and arrangements will be made.
ENERGY AND CARBON MANAGEMENT COMMISSION
OF THE STATE OF COLORADO
By ____________________________________
Elias J. Thomas, Commission Secretary
Dated: April 7, 2025
Applicant:
Red Willow Production Company
c/o Attorneys for Applicant
Jillian Fulcher
Ryan McKee
Beatty & Wozniak, P.C.
1675 Broadway, Suite 600
Denver, Colorado 80202
303-407-4499
jfulcher@bwenergylaw.com
rmckee@bwenergylaw.com
Published in Durango Herald
April 18, 2025
27986
NOTICE OF PUBLIC MEETING
Notice is hereby given that a public meeting shall be held concerning the following project:
McCoy, Gonzales and Taylor Annexation and Initial Zoning Project Nos. 2025-04 and 2025-05
The Bayfield Town Trustees shall hold a public hearing on May 6, 2025 at 6:30pm concerning the following request:
A request for annexation into the Town of Bayfield and initial zoning request to Manufactured Home Park and High Density Residential.
The location of the properties is generally 1826 Bayfield Parkway and 350 S Buck Highway.
Assessor Parcel Nos.: 567712200026; 567711400068; 567711400064; 567711400065; 567711400069; and 56711400070.
The public hearing shall be held at Bayfield Town Hall, 1199 Bayfield Parkway, Bayfield, Colorado, or at such other time or place in the event this hearing is adjourned.
ALL INTERESTED PERSONS MAY ATTEND
Legal Description:
Subdivision: Heich Subdivision Lots1, 2,3 and 12; T34 Sec11 R7; Bayfield, Colorado 81122
Published in Durango Herald
April 18, 2025
27988
NOTICE TO CREDITORS
Estate of MICHAEL STEPHEN SMEAD, Deceased. LA PLATA County Case Number: 2025 PR 30039. All persons having claims against the above-named estate are required to present them to the personal representative or to District Court of La Plata County, Colorado on or before August 25, 2025, or the claims may be forever barred. Amos L. Soignier, Esq., Soignier Law Firm, LLC, 2855 Main Ave., Suite B101, Durango, CO 81301.
Published in Durango Herald
April 18, 25, May 2, 2025
28000
ORDINANCE 367
AN ORDINANCE PURSUANT TO C.R.S. SECTION 31-15-713(1)(b) APPROVING SALE OF CERTAIN REAL ESTATE DESCRIBED AS LOT 4 SUBDIVISION OF AMENDED SHOSHONE TRACT A ADDITION TO TOWN OF IGNACIO AND SHOSHONE TRACT B ADDITION TO TOWN OF IGNACIO LOCATED IN SECTION 17, TOWNSHIP 33 NORTH, RANGE 7 WEST, N.M.P.M., ALSO KNOWN AS LA PLATA COUNTY ASSESSOR PARCEL NUMBER 5955-172-00-034, CONSISTING OF APPROXIMATELY 1.45 ACRES, IN IGNACIO, COLORADO OWNED BY THE TOWN OF IGNACIO TO IRRIGO, LLC FOR PURCHASE PRICE OF $15,000 CASH AT CLOSING WITH BUYER PAYING ANY AND ALL CLOSING COSTS
This ordinance was adopted on Monday, April 14, 2025, and published in the Durango Herald on Friday, April 18, 2025.
28001
BEFORE THE COLORADO ENERGY AND CARBON MANAGEMENT COMMISSION
NOTICE AND APPLICATION FOR HEARING
DOCKET NO. 250400054
TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:
Pursuant to Rule 523.d, the Colorado Energy and Carbon Management Commission Staff has applied to the Commission for an Order Finding Violation against BIG RUN PRODUCTION COMPANY (Operator No. 8455), to adjudicate allegations in Notice of Alleged Violation (“NOAV”) No. 403635580.
NOTICE IS HEREBY GIVEN, pursuant to: 1) the general jurisdiction of the Energy and Carbon Management Commission of the State of Colorado under § 34-60-105, C.R.S.; 2) specific powers granted pursuant to § 34-60-106, C.R.S.; 3) the Colorado Administrative Procedure Act at § 24-4-105, C.R.S.; and 4) the Commission’s Series 500 Rules at 2 C.C.R. 404-1, that the Commission has scheduled this matter for hearing before a Colorado Energy and Carbon Management Commission Hearing Officer at the following date, time, and location (subject to change):
Date: July 15, 2025
Time: 9:30 a.m.
Place: Colorado Energy and Carbon Management Commission
1120 Lincoln Street, Suite 801
Denver, CO 80203
Deadline for Affected Persons to Petition: June 13, 2025
The Notice and documents related to this matter can be found on our “Hearings eFiling System Document Search” page here https://oitco.hylandcloud.com/DNRCOGPublicAccess/index.html. Select “Search for Docket Related Documents” from the pull-down menu, use the above “Docket Number”, and select “Search”.
Published in Durango Herald
April 18, 2025
28005
ANNUAL MEETING & LOCAL WORK GROUP MEETING ANNOUNCEMENT
The La Plata and Pine River Conservation Districts (LPCD and PRCD) announce that they are mutually hosting a combined Annual Landowner Meeting to be immediately followed by a Local Work Group Meeting. Both meetings are open to all La Plata CD and Pine River CD constituents and interested members of the general public.
• WHEN: Tuesday, April 29th
• TIME: 4-6 PM
• WHERE: La Plata County Fairgrounds - Upstairs Exhibit Hall
2500 Main Avenue,
Durango, CO 81303
The LPCD/PRCD Annual Landowner Meeting will begin at 4:00 p.m. Its purpose is to inform landowners within the Districts about ongoing efforts and programs, this year’s accomplishments, future plans, and for the CDs to learn how we may better serve our La Plata County constituents.
The Local Work Group Meeting will commence following the Annual Meeting at approximately 5:00 p.m. The focus will be to identify existing agricultural and natural resource conservation issues in our community, to provide information and feedback for directing USDA Natural Resources Conservation Service (NRCS) and Conservation District programs, and to identify potential targeted conservation projects in the area.
Note: Local Work Groups are subcommittees of the NRCS State Technical Committee and provide recommendations on local natural resource priorities to assist USDA NRCS in providing Farm Bill conservation programs in Colorado.
La Plata and Pine River CDs appreciate your interest in conservation in Colorado and look forward to working with you to gather this vital information. If you have any questions or need further information, please contact La Plata CD at (970) 422-3376 or office@laplatacd.org or Pine River CD at (970) 884-0247 or pineriverconservationdistrict@gmail.com. If you are unable to attend the meeting, we invite you to fill out our online survey at https://forms.gle/RJ9ZWYQMQfXt4k2T9
Published in Durango Herald
April 18, 2025
28008
Regular Meeting of the
PLANNING COMMISSION
1101 East 2nd Ave, Durango, CO 81301
Thursday, May 8, 2025, 6:00 PM
The Planning Commission invites public participation in all meetings, which are available both in person and online via Zoom. For remote access details and additional information on agenda items, please visit the posted meeting agenda on our website: http://laplatacountyco.iqm2.com. The following agenda items are scheduled:
PL20250041, BUFFALO ARENA TEMPORARY USE PERMIT. Proposal to utilize a temporary use permit for annual roping events in a seasonal outdoor arena between May 23, 2025, and September 20, 2025, pursuant to LUC Sec. 73-22. APN: 566902200059.
PL20230207 IONNO MINOR SUBDIVISION. Proposal for a 3-lot minor subdivision of the existing 41.81-acre property. Location: 7262 S US HWY 550 DURANGO CO 81303; APN: 595118400177.
Published in Durango Herald
April 18, 2025
28009
Regular Planning Meeting of the
BOARD OF COUNTY COMMISSIONERS
1101 East 2nd Ave, Durango, CO 81301
Tuesday, May 06, 2025, 10:00 AM
The Board of County Commissioners invites public participation in all meetings, which are available both in person and online via Zoom. For remote access details and additional information on agenda items, please visit the posted meeting agenda on our website: http://laplatacountyco.iqm2.com. The following agenda items are scheduled:
PL20220254 THE GROVE AT EDGEMONT PHASE 1 PRELIMINARY PLAT. Preliminary plat consideration to subdivide lot #121 for Phase 1 for three single family lots, and one lot for a future phase. Location: TBD Edgemont Highlands Drive, Durango, CO; APN: 567107210058.
Published in Durango Herald
April 18, 2025
28027
ORDINANCE O-2025-XX
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DURANGO TO ACCEPT A DONATION OF LAND FROM THE DURANGO MESA PARK FOUNDATION AND TO EXECUTE ALL CLOSING DOCUMENTS TO ACCEPT THE LAND DONATION
WHEREAS, the City Council of the City of Durango partnered with the Durango Mesa Park Foundation to create the Durango Mesa Park; and
WHEREAS, the Durango Mesa Park Foundation desires to donate a piece of land, described in more particularity below, to the City of Durango for the Durango Mesa Park; and
WHEREAS, the City Council of the City of Durango desires to authorize the City Manager of the City of Durango to accept a land donation from the Durango Mesa Park Foundation and execute all closing documents for the property owned by the Durango Mesa Park Foundation and described as follows:
LOT 14, as shown on the DURANGO MESA PARK A REPLAT OF OAKRIDGE AT DURANGO FINAL PLAT, DURANGO MESA CONSOLIDATED PLAT AND DURANGO MESA PARK LOT 7 AND LOT 11 EXEMPTION PLAT filed for record in the real estate records of the La Plata County, Colorado Clerk and Recorder’s Office on August 1, 2024, as Reception No. 1234547.
NOW THEREFORE THE CITY OF DURANGO HEREBY ORDAINS:
Section 1. The City Council of the City of Durango does hereby authorize the City Manager of the City of Durango to accept a donation of land from the Durango Mesa Park Foundation and to execute all closing documents to accept the land donation.
CITY COUNCIL OF THE CITY OF DURANGO
Attest:
___________________________
Mayor
_____________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-xx was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/______________________
City Clerk
Published in Durango Herald
April 20, 2025
28028
ORDINANCE O-2025-XX
AN ORDINANCE AMENDING, IN PERTINENT PART, THE DURANGO CODE OF ORDINANCES, CHAPTER 17 – OFFENSES – ARTICLE VIII – OFFENSES RELATED TO WAEAPONS – SECTION 17-121 – Firearms and other deadly weapons in public buildings prohibited, TO READ AS FOLLOWS:
(Red type indicates addition of text, strike through indicates original text removed,
empty brackets [] indicate omitted and unchanged text)
Sec. 17-121. Firearms and other deadly weapons in public buildings prohibited.
(a) Prohibited activities associated with open and concealed carry of firearms and other deadly weapons in public buildings and City buses
(1) Definitions. For purposes of this section, certain terms are defined as follows:
Concealed Carry means when a person carries a firearm or other deadly weapon concealed on or about their person.
Deadly Weapon(s) means a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, as well as chemical agents such as mace, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
Firearm(s) means any loaded or unloaded handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
Open Carry means when a person carries a firearm or other deadly weapon openly on or about their person.
Peace Officer means a person who meets all standards imposed by law and, at a minimum, is certified by the peace officers’ standards and training board pursuant to C.R.S. § 24-31-3 and has the authority to enforce all laws of the state of Colorado while acting within the scope of their authority and in the performance of their duties.
Public Buildings means any building owned by the City and open to the public.
City Buses means any motor vehicle, including but not limited to buses, trolleys, or similar transit vehicles, that are owned or operated by the City and is used for public transportation within the city limits.
(2) Concealed Carry. It is unlawful for any person, other than a peace officer, to concealed carry any firearm or other deadly weapon in any public building or on any City bus if the City Manager has posted a sign to that effect at every public entrance to the building or on the City bus pursuant to C.R.S. § 18-12-214. No permit authorizing the carrying of concealed weapons shall be construed as abrogating or affecting this order.
(3) Open Carry. It is unlawful for any person, other than a peace officer, to open carry any firearm or other deadly weapon in any public building or on any City bus if the City Manager has posted a sign to that effect at every public entrance to the building or on the City bus pursuant to C.R.S. § 18-12-214.
(4) Authorized Personnel. All peace officers, in uniform or plain clothes, who are authorized to carry firearms in performance of their duties and who are on-duty, shall bring firearms or other deadly weapons, concealed or otherwise, into public buildings or onto City buses. Upon entry, authorized peace officers will be required to present valid credentials as well as personal identification and to state their business to security officers within the public buildings or on the City bus.
(5) Peace Officer. It is unlawful for a peace officer, whether on-duty or off-duty, shall not carry or possess a firearm or other deadly weapon or other dangerous items if the peace officer is entering a public building or on a City bus for non-official or personal business which includes, but is not limited to, the following:
a. Jury duty.
b. The officer is party to a court case.
c. The officer is providing support to a friend or relative who is conducting personal business within public buildings.
d. The officer is serving as a witness in a court case.
e. The officer is a spectator or appearing on any personal business that is not directly related to official law enforcement duties.
[]
WHEREAS, the City Council has identified the City buses as an additional area where a weapon ban is necessary; and
WHEREAS, the safety and security of public transportation operated by the City, including City buses, is necessary to ensure that all passengers, drivers, and staff can travel and work without fear of violence; and
WHEREAS, the City is committed to providing safe and secure spaces for all its residents and visitors, whether in public buildings or on public transportation; and
WHEREAS, this assurance of safety cannot be given if firearms or other deadly weapons are allowed on city buses; and
WHEREAS, the efficient, effective, and fair operation of public transit requires that the public have confidence in the safety and security of city buses.
NOW, THEREFORE, IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF DURANGO, COLORADO THAT CHAPTER 17 OFFENSES ARTICLE VIII – OFFENSES RELATING TO WEAPONS BE AMENDED BY ADDING SECTION 17-134 Firearms and other deadly weapons in public buildings prohibited BE AMENDED AS FOLLOWS;
Sec. 17-121. Firearms and Other Deadly Weapons in Public Buildings Prohibited.
(a) Prohibited activities associated with open and concealed carry of firearms and other deadly weapons in public buildings and City buses
(1) Definitions. For purposes of this section, certain terms are defined as follows:
Concealed Carry means when a person carries a firearm or other deadly weapon concealed on or about their person.
Deadly Weapon(s) means a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, as well as chemical agents such as mace, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
Firearm(s) means any loaded or unloaded handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.
Open Carry means when a person carries a firearm or other deadly weapon openly on or about their person.
Peace Officer means a person who meets all standards imposed by law and, at a minimum, is certified by the peace officers’ standards and training board pursuant to C.R.S. § 24-31-3 and has the authority to enforce all laws of the state of Colorado while acting within the scope of their authority and in the performance of their duties.
Public Buildings means any building owned by the City and open to the public.
City Buses means any motor vehicle, including but not limited to buses, trolleys, or similar transit vehicles, that are owned or operated by the City and is used for public transportation within the city limits.
(2) Concealed Carry. It is unlawful for any person, other than a peace officer, to concealed carry any firearm or other deadly weapon in any public building or on any City bus if the City Manager has posted a sign to that effect at every public entrance to the building or on the City bus pursuant to C.R.S. § 18-12-214. No permit authorizing the carrying of concealed weapons shall be construed as abrogating or affecting this order.
(3) Open Carry. It is unlawful for any person, other than a peace officer, to open carry any firearm or other deadly weapon in any public building or on any City bus if the City Manager has posted a sign to that effect at every public entrance to the building or on the City bus pursuant to C.R.S. § 18-12-214.
(4) Authorized Personnel. All peace officers, in uniform or plain clothes, who are authorized to carry firearms in performance of their duties and who are on-duty, shall bring firearms or other deadly weapons, concealed or otherwise, into public buildings or onto City buses. Upon entry, authorized peace officers will be required to present valid credentials as well as personal identification and to state their business to security officers within the public buildings or on the City bus.
(5) Peace Officer. It is unlawful for a peace officer, whether on-duty or off-duty, shall not carry or possess a firearm or other deadly weapon or other dangerous items if the peace officer is entering a public building or on a City bus for non-official or personal business which includes, but is not limited to, the following:
a. Jury duty.
b. The officer is party to a court case.
c. The officer is providing support to a friend or relative who is conducting personal business within public buildings.
d. The officer is serving as a witness in a court case.
e. The officer is a spectator or appearing on any personal business that is not directly related to official law enforcement duties.
[]
This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF THE CITY OF DURANGO
Attest:
___________________
Mayor
____________________
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2025-XX was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 15th day of April 2025, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 20th day of April 2025, prior to its final consideration by the City Council.
/s/_____________________
City Clerk
Published in Durango Herald
April 20, 2025
27916
NOTICE TO CREDITORS
Estate of Michelle Hover, a/k/a Michelle Denise Hover, a/k/a Michelle D. Hover, Deceased
Case Number 2025PR030029
All persons having claims against the above named estate are required to presnt them to the personal representative or to District Court of La Plata County, Colorado on or before August 18, 2025, or the claims may be forever barred.
Heidi McLaughlin
PO Box 15486
San Francisco, CA 94115
Published in Durango Herald
April 16, 23, 30, 2025
27854
Public Notice – NOTICE OF FINAL SETTLEMENT – BID PACKAGE 03 – Secure Vestibules PH2
Notice is hereby given that Durango School District 9-R in the county of La Plata will on May 14, 2025 pay retainage and make final settlement with FCI Constructors, Inc. for BID PACKAGE/CAPITAL PROJECT 03 – Secure Vestibules PH2. Any person, co-partnership, association of persons, company or corporation that has furnished labor, material, team hire, sustenance, provisions, provender or other supplies used or consumed by FCI Constructors, Inc. any other contractors or subcontractors in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work whose claim has not been paid, may at any time up to and including the time of final settlement, file a Verified Statement of Claim with the amount due and unpaid on account of such claim with the Board of Education to Durango School District 9-R at the school district’s Financial Department, 281 Sawyer Dr., Suite 100 Durango, CO 81303 on or before May 14, 2025. Final Settlement will be made and verified claims must be timely filed with Durango School District 9-R. Failure on the part of the claimant to file such statement prior to or on the established date will relieve the School District from any and all liability for such claim, Dated: April 13, 2025
Published in Durango Herald
April 13 and May 4, 2025
27902
NOTICE TO CREDITORS
Estate of Marilyn Cora Briscoe, Deceased
Case Number 2025PR30040
All persons having claims against the above named estate are required to present them to the personal representative or to District Court of La Plata, County, Colorado on or before August 18, 2025, or the claims may be forever barred.
Thomas P. Dugan
858 Main Ave, #205
Durango, CO 81301
Published in Durango Herald
April 13, 20, 27, 2025
27798
NOTICE TO CREDITORS
Estate of Joseph Sebastian Ritter, a/k/a Joseph S. Ritter, Deceased
Case Number 2025 PR 30028
All persons having claims against the above named estate are required to present them to the personal representative or to the District Court of La Plata County, Colorado on or before August 11, 2025, or the claims may be forever barred.
Denise M. Ritter
c/o M. Lynne Bruzzese
Lynne Bruzzese, Attorney at Law, P.C.
150 E. 9th Street, Suite 100
Durango, CO 81301
Published in Durango Herald
April 11, 18, 25, 2025
27808
STATE OF NEW MEXICO
IN THE PROBATE COURT
San Juan COUNTY
IN THE MATTER OF THE ESTATE OF Marvin H. Ludwig, DECEASED
No. 7436 Probate
NOTICE TO CREDITORS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the estate of the decedent. All persons having claims against the estate of the decedent are required to present their claims within four (4) months after the date of the first publication of the published notice to creditors or sixty (60) days after the date of mailing or other delivery of this notice, whichever is later, or the claims will be forever barred. Claims must be presented either to the undersigned personal representative at the address listed below, or filed with the Probate Court of San Juan County, New Mexico, located at the following address:
100 S. Oliver, Suite 200, Aztec, NM 87410.
Dated: April 4, 2025
/s/ Lori Ludwig
2902 La Palma Place
Farmington, NM 87401
Published in Tri-City Record
April 9, 16, 23, 2025
27790
NOTICE OF
PUBLIC HEARING
BEFORE THE
DURANGO CITY COUNCIL
NOTICE IS HEREBY GIVEN that the Durango City Council will conduct a public hearing on Tuesday, May 6th , 2025 during the regular Council Meeting scheduled for 5:30 p.m. in the Council Chambers of City Hall, 949 Second Avenue. This is a request to hold a public hearing on May 6, 2025 to consider an Ordinance for the 32nd Street Collective Annexation and Initial Zoning (364 CR 251). State statute requires City Council to accept the annexation petition and then schedule a public hearing for review of the proposal no less than 30 days from the date of acceptance. The Community Development Commission reviewed the proposal at its March 24, 2025 meeting and voted 7-0 to approve the request.
NOTICE IS FURTHER GIVEN that the public is invited to attend and present written and/or oral testimony regarding this proposal. Written comments (or emailed comments which can be sent to PublicComment@DurangoCO.gov) from those who cannot attend but want their opinions considered in Council’s deliberations must be received by noon on Monday, May 5th, 2025 by the City Clerk’s office, 949 Second Avenue, Durango, CO 81301. Further information concerning the proposal is available between the hours of 8:00 a.m. and 4:00 p.m. from the Community Development Department, 215 East 12th Street, or at 970-375-4850.
Dated in Durango, Colorado this 2nd Day of April, 2025.
BY ORDER OF THE DURANGO CITY COUNCIL
/s/ Faye Harmer
City Clerk
Published in Durango Herald
April 6, 13, 20, and 27, 2025
27800
Notice of a Special Meeting of the Pine River Irrigation District
Notice is hereby given that a Special Meeting has been called by the Board of Directors of THE PINE RIVER IRRIGATION DISTRICT on Saturday, May 3, 2025, at 1:30 p.m., to be held at Oxford Grange 8018 State Highway 172, Ignacio CO 81137. Sign-in will begin at 1:00 p.m. The purpose of this meeting is for members to vote on the purchase of a power plant business. No other business can be discussed or conducted at this special meeting.
Published in Durango Herald
April 6, 9, 13, 16, 20, 23, 27, 30, 2025
26649
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE SALE NO. 2025-002
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On January 29, 2025, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of La Plata records.
Original Grantor(s) Kenneth David Albo
Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WATERSTONE MORTGAGE CORPORATION, ITS SUCCESSORS AND ASSIGNS
Current Holder of Evidence of Debt COLORADO HOUSING AND FINANCE AUTHORITY
Date of Deed of Trust May 21, 2021
County of Recording La Plata
Recording Date of Deed of Trust May 21, 2021
Recording Information (Reception No. and/or Book/Page No.) 1192789
Original Principal Amount $402,573.00
Outstanding Principal Balance $376,125.87
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Borrower's failure to make timely payments as required under the Evidence of Debt and Deed of Trust.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
LOT 21, FARRADAY SUBDIVISION ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JUNE 6, 1984 UNDER RECEPTION NO. 500567, COUNTY OF LA PLATA, STATE OF COLORADO.
APN#: 590310201800 & 590310101801
Purported common address: 462 Farraday Rd, Durango, CO 81303.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/28/2025, at Office of the Treasurer/Public Trustee, 679 Turner Drive Suite B Durango, CO 81303, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.
First Publication 4/2/2025
Last Publication 4/30/2025
Name of Publication The Durango Herald
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
DATE: 01/29/2025
Ann Monica Grushkin, Public Trustee in and for the County of La Plata, State of Colorado
/s/ Ann Monica Grushkin
By: Public Trustee
SEAL
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
David R. Doughty #40042
Janeway Law Firm, P.C. 9540 Maroon Circle, Suite 320, Englewood, CO 80112 (855) 263-9295
Attorney File # 25-033964
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
27503
DISTRICT COURT, LA PLATA COUNTY, COLORADO
Court Address: 1060 E 2nd Ave, Durango, CO 81301 (Tel. 970.247.2304)
Plaintiff:
Historic Downtown Vacation Owners Association, Inc.
v.
Defendants:
WILLIAM E EWEN, et al.
Case No.: 2025CV30019
Attorney for Plaintiff:
Christopher B. Conley (51651)
Eck, Conley & Richardson, PLLC
700 South 21st Street, Fort Smith, AR 72901
Tel. 479.242.5906
Email: ir@ecrlegal.com
AMENDED SUMMONS BY PUBLICATION
TO THE PEOPLE OF THE STATE OF COLORADO
TO THE FOLLOWING DEFENDANT(S): WILLIAM E EWEN
PATRICIA C EWEN
MARY KAYLENE FARTHING
VIRGINIA M MELVILLE
MILDRED CAPLAN
YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.
If you fail to file your answer or other response to the complaint in writing within 35 days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice.
This is an in rem action of judicial foreclosure on your timeshare interest(s) located at Fairfield Durango in Historic Downtown Condominium for failure to pay assessments to Historic Downtown Vacation Owners Association, Inc. (“Association”).
Published in the Durango Herald
First Publication: March 28, 2025
Last Publication: April 25, 2025
/s/ Christopher B. Conley
Christopher B. Conley
Attorney for Plaintiff
26376
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE SALE NO. 2025-001
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On January 21, 2025, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of La Plata records.
Original Grantor(s) DAVID R. LOTTIE AND GAIL A. LOTTIE
Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR QUICKEN LOANS INC.
Current Holder of Evidence of Debt ROCKET MORTGAGE, LLC F/K/A QUICKEN LOANS, LLC F/K/A QUICKEN LOANS INC.
Date of Deed of Trust December 20, 2016
County of Recording La Plata
Recording Date of Deed of Trust December 27, 2016
Recording Information (Reception No. and/or Book/Page No.) 1122554
Original Principal Amount $370,000.00
Outstanding Principal Balance $383,884.05
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
LOT C, TRACT 52, RAFTER J. OPEN A SUMMER RANGE, ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD JULY 1, 1966, UNDER RECEPTION NO. 341799, COUNTY OF LA PLATA, STATE OF COLORADO.
Purported common address: 510 DEER TRAIL RD, DURANGO, CO 81303-7604.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/21/2025, at Office of the Treasurer/Public Trustee, 679 Turner Drive Suite B Durango, CO 81303, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)' heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys' fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.
First Publication 3/26/2025
Last Publication 4/23/2025
Name of Publication The Durango Herald
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
DATE: 01/21/2025
Ann Monica Grushkin, Public Trustee in and for the County of La Plata, State of Colorado
/s/ Ann Monica Grushkin
By: Public Trustee
SEAL
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Carly Imbrogno #59553
Barrett, Frappier & Weisserman, LLP 1391 SPEER BOULEVARD, SUITE 700, DENVER, CO 80204 (303) 350-3700
Attorney File # 00000010348647
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
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