A. Short Title: This section shall be known and cited as the ADA COUNTY BOISE RIVER CAMPING ORDINANCE.
B. Authority And Purpose: This section is enacted pursuant to authority conferred by article 12, section 2 of the Idaho Constitution, and sections 31-714 and 31-801 of the Idaho Code. The Board of Ada County Commissioners finds that persons who establish campsites in the Boise River area often inappropriately discard sewage and debris; that such improper disposal of wastes creates a potential for the spread of disease; that persons who establish campsites in the Boise River area also interfere with the public's comfortable enjoyment of life and property by obstructing the free passage or use, in the customary manner, of the Boise River and its pathways. This section, therefore, in furtherance of protecting the public health, safety and welfare, provides a procedure for abating camping in the Boise River area.
C. Definitions: For the purposes of this section, the following definitions shall apply. Any words or phrases not defined in this section should be given their ordinary, commonly understood and accepted meanings.
BOISE RIVER AREA: The land adjacent to the Boise River in unincorporated Ada County for a distance of two hundred feet (200') horizontally landward from the ordinary high water mark.
CAMPING: The use of land for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking, or carrying on cooking activities. The above listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.
D. Camping In Boise River Area Prohibited: Camping in or upon any sidewalk, side alley, lane, public right of way or other place to which the general public has access in the Boise River area, or under any bridgeway or viaduct in the Boise River area is unlawful. It shall be a separate offense for each day that the public nuisance is maintained, kept or allowed to exist.
E. Enforcement Procedure:
1. When a violation of this section is suspected within Ada County, the Ada County Sheriff shall serve a written notice that a public nuisance exists on the person or persons in violation of this section. Such service shall be by personal service. If written notice cannot be served personally, the notice shall be posted by being affixed to a building or other place on the premises or property so conspicuous that any person occupying, possessing or using the premises or property can be reasonably expected to see it.
2. The written notice shall describe the nuisance, advise that the nuisance must be abated within twenty four (24) hours from the time of the notice, advise that civil proceedings and/or criminal proceedings may be initiated if the nuisance is not abated, advise that costs of court proceedings and the nuisance abatement may be assessed against the person or persons unlawfully camping in or upon the premises.
F. Punishment: Every person who violates this section is guilty of a misdemeanor. Violation of this section shall be punishable as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled. The above penalties shall in no way limit Ada County from filing a civil claim against the violator.
G. Severability: If any paragraph, subparagraph, or portion of this section is subsequently deemed in any way contrary to law, inapplicable, or otherwise void, that portion will be severed from this section and in no way affect the remaining portions. (Ord. 148, 3-24-1986; amd. Ord. 268, 10-14-1993; amd. Ord. 603, 1-30-2006; amd. Ord. 736, 12-22-2009)