Park Assembly Rules
Let your voice be heard!
The first amendment to the Constitution of the United States of America states,
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
The City of Durango supports your right to peacefully assemble in public parks, and your right to freedom of speech and expression. The role of the city and Durango Police is to preserve the peace, prevent criminal activity and control traffic to ensure individuals can safely exercise their rights.
Questions? Contact Brice Current, Deputy Chief at Durango Police Department at Brice.Current@DurangoGov.org or (970) 375-4769
Before planning a peaceful gathering in a city park, you must obtain a permit from Durango Parks & Recreation Department for your event. Application fees and deposit apply. Go to DurangoGov.org/ParkPermit for details and application or contact the Parks and Recreation Department at (970) 375-7321 or rec@DurangoGov.org
Permit required for assemblies, festivals and other events Sec. 18-32
Whenever any person, corporation, association or organization desires to utilize a municipal park, playground or recreational facility for any event, assembly, festival, entertainment, party, rally or similar activity, a permit application shall first be obtained from the police department and be completed by the applicant. The director of parks and recreation or his designated agent shall approve such permit.
Applications for said permit shall be in a form set forth by the director of parks and recreation or his agent and shall be completed and submitted by the applicant not less than ten (10) days before the date on which it is proposed to conduct any such event or activity.
The following actions and behaviors are prohibited by state law and municipal code and can result in enforcement action by local authorities:
Obstructing a highway, sidewalk or other passageway CRS 18-9-107
Without legal privilege obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any place used for passage of a person. Penalties include $50 to $750 in fines or up to 6 months in jail.
Disrupting Lawful Assembly CRS 18-9-108
A person commits disrupting a lawful assembly if, intending to prevent or disrupt any lawful meeting, procession, or gathering, significantly obstructs or interferes with the meeting, procession, or gathering by physical action, verbal utterance, or any other means.
Harassment CRS 18-9-111
A person commits harassment if, with intent to harass, annoy, or alarm another person he or she strikes, shoves, kicks, or otherwise touches a person or subjects him/her to physical contact; or in a public place directs obscene language or makes an obscene gesture to or at another person.
Residential Picketing CRS 18-9-108.5
Targeted picketing means picketing with or without signs, that is specifically directed toward a residence, or one or more occupants of the residence, and that takes place on that portion of a sidewalk or street in front of the residence, in front of an adjoining residence, or on either side of the residence or along the one-way length or three hundred feet to one side of the targeted residence.
Inciting a riot CRS 18-9-102
(1) A person commits inciting riot if he: (a) Incites or urges a group of five or more persons to engage in a current or impending riot; or (b) Gives commands, instructions, or signals to a group of five or more persons in furtherance of a riot.
(3) Inciting riot is a class 1 misdemeanor, but, if injury to a person or damage to a property results therefrom, it is a class 5 felony.
Arming rioters CRS 18-9-103
A person commits arming rioters if he:
Knowingly supplies a deadly weapon or destructive device for use in a riot; or (b) teaches another to prepare or use a deadly weapon or destructive device with intent that any such thing be used in a riot.
Arming rioters is a class 4 felony.
A “riot” means a public disturbance involving an assemblage of three or more persons which by tumultuous and violent conduct creates grave danger of damage or injury to property or persons or substantially obstructs the performance of any governmental function CRS 18-9-101(2)
Disobedience of Public Safety orders under riot conditions CRS 18-9-105
A person commits a class 3 misdemeanor if, during a riot or when one is impending, he knowingly disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of a riot.
Visible emissions from diesel-powered motor vehicles (“rolling coal”) CRS 42-4-413
(1)(a) Effective January 1, 1987, no owner or operator of a diesel-powered vehicle shall cause or knowingly permit the emission from the vehicle of any visible air contaminants that exceed the emission level as described in section 42-4-412 (2)(a) within the program area.
Unreasonable noise prohibited Sec. 16-8
No person shall make, continue, or cause to be made or continued any unreasonable noise, 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. Unreasonable noise is hereby declared to be a nuisance and may be abated in accordance with law. For purposes of this section, officers are empowered to make a prima facie determination as to whether a noise is unreasonable, which determination may be based upon, but need not be limited to, a consideration of the following factors:
The time of day or night;
The size of any gathering of persons creating or contributing to the noise;
The presence or absence of noise amplification equipment.
The type of neighborhood in which such noise is occurring; and
Any other factors tending to show the magnitude and/or disruptive effect of the noise.
In any prosecution charging a violation of this section, proof that the owner of tenant of the premises upon which the unreasonable noise 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.
With regard to motor vehicles, and without limiting the generality of subsection above, unreasonable noise shall include, but not be limited to:
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.
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.
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.
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.
The operation or engaging of a dynamic braking device within the city except for the aversion of immediate danger.
Exterior Loud Speakers or amplified device
It shall be unlawful to use or operate a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any motor vehicle upon any street, alley, sidewalk, park, place, public or private property within the city without a written noise variance permit issued by the police chief. Nothing in this section shall prohibit the use of speakers or sound amplifying equipment within an enclosed area; provide, however, the noise created from such speakers or sound amplifying equipment shall be subject to the limitations set forth in sections 16.3 and 16.5.