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This chapter shall be known as the ADA COUNTY MOTORBOAT CONTROL ORDINANCE. The purpose of this chapter is:
A. To provide for the health and safety of the people of Ada County;
B. To provide for the safe use of motorboats within Ada County; and
C. To prevent and provide punishment for the unauthorized use of, or tampering with motorboats. (Ord. 101, 10-29-1980)
MOTORBOAT: Any vessel propelled by machinery whether or not such machinery is the principal source of propulsion.
OPERATE: To navigate or drive, or otherwise use a motorboat or vessel.
VESSEL: Every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (Ord. 101, 10-29-1980)
A. Any person who shall operate a vessel or motorboat, not his own, without the consent of the owner thereof and with intent to temporarily deprive said owner of his possession of such vessel or motorboat, shall be guilty of a misdemeanor. The consent of the owner of a vessel or motorboat to its taking or driving shall not in any case be presumed or implied because of such owner's consent on a previous occasion to the taking or driving of such vessel or motorboat by the same or a different person. Any person who knowingly assists in, or is a party or accessory to or an accomplice in any such unauthorized taking or operating shall also be guilty of a misdemeanor.
B. Any person who shall individually or in association with one or more others wilfully break, injure, tamper with or remove any part or parts of any vessel or motorboat for the purpose of injuring, defacing or destroying such vessel or motorboat, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner of such vessel or motorboat or who shall in any other manner wilfully or maliciously interfere with or prevent the running or operation of such vessel or motorboat shall be guilty of a misdemeanor.
C. Any person who shall, without the consent of the owner or person in charge of a vessel or motorboat, climb into or upon such vessel or motorboat with the intent to commit any crime, malicious mischief or injury thereto, or who, while a vessel or motorboat is at rest and unattended, shall attempt to manipulate any of the levers, starting crank, other starting device or other mechanism thereof, or to set said vessel or motorboat in motion, shall be guilty of a misdemeanor. (Ord. 101, 10-29-1980)
It shall be unlawful for any person to park any vehicle, trailer or carrier wholly or partially upon any ramp or accessway provided for loading and unloading of boats, persons or property in conjunction with public use of any navigable waterways in Ada County, or otherwise to obstruct such ramp or way by any means, except during the reasonable time necessary for such loading or unloading operation to be completed. (Ord. 101, 10-29-1980)
A. Any boat used for pulling waterskiers or similar sporting activity in which persons or objects are in or on the water, shall be equipped with a red flag which is clearly visible from all sides at a distance of five hundred feet (500').
B. Whenever any waterskier or participant of a similar activity is down in the water, and the boat is stopped to wait for or attend the person that is down, the red flag required by subsection A of this section shall be displayed as a warning to other boaters. As long as any person or object is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing boats.
C. A red flag shall be displayed from a motorboat only under the conditions set forth in subsection B of this section or when any other danger exists. The display of a red flag from a motorboat under any other circumstances shall be a misdemeanor. (Ord. 101, 10-29-1980)
A. All motorboats shall be equipped with an efficient muffler, underwater exhaust or other modern devices capable of adequately muffling the sound of the exhaust of the engine.
B. The creation of a disturbance through loud, disturbing or unnecessary noise by a motorboat, whether or not it is equipped with a muffling device, is prohibited. The operator of a motorboat creating such a disturbance shall be guilty of a misdemeanor. (Ord. 101, 10-29-1980)
A. It shall be the duty of the Ada County sheriff, or any deputy sheriff, to leave notice at or on any vehicle or other property parked in violation of section 6-2-4 of this chapter. This notice shall bear the date and hour of leaving the same at or upon the vehicle. The notice shall instruct the owner or operator of the vehicle or property to report to the magistrate's division of the district court in regard to such violation. It shall be the duty of such sheriff or deputy sheriff to leave at or upon such vehicle a separate notice for each hour thereafter that such vehicle and/or property remains parked in violation of this chapter. In the event such owner or operator fails to report to the magistrate's division at the time provided in said notice, a warrant for the arrest of said person will be issued. In addition to the penalty assessed by the court for violation of this chapter, the enforcing officer shall be authorized to tow away or otherwise remove the vehicle or property. The owner or operator of any vehicle or other property shall be liable for any expense incurred by the county involving said vehicle to be towed away or otherwise removed. The owner or operator of any vehicle or property shall be liable for any and all other reasonable expenses for storage charged by the company removing said vehicle and causing said vehicle to be stored.
B. Every person convicted of a violation of this section shall be punished as provided by Idaho Code, section 18-113 as it may from time to time be amended and/or retitled, except for violation of section 6-2-4 of this chapter shall be punished by a fine of twenty five dollars ($25.00). (Ord. 101, 10-29-1980; amd. Ord. 603, 1-30-2006)