This provision is intended to address certain acts on or about portions of the Boise River and Boise River area within Ada County's jurisdiction. Through regulation of those acts, this provision seeks to preserve the natural habitat of the Boise River and ensure the protection of life, property, and the public health, safety, and welfare. It shall be unlawful in the river to:
A. Damage, cut, carve, transplant, or remove any tree, shrub, or plant or to strip any bark, pick any flowers, or collect any seeds from any such tree, shrub, or plant without the Director's permission. Nor shall any person attach any such rope, wire, surfing device, or other such similar object to any tree or plant, or swing jump, and/or ride on any rope, wire, surfing device, or other similar object attached to any tree or plant; or dig, disturb, impair, or injure any natural habitat of the area.
B. Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot, or throw objects at any animal. Nor shall any person collect any nests or eggs from any wild bird or reptile unless authorized by the Director. Ada County Parks and Waterways Department staff, representatives of Idaho State Fish and Game, and/or Ada County Animal Control, may, in the performance of their duties, and with the Director's approval, do such acts necessary to protect life or property or improve the wildlife habitat. Nothing in this subsection shall be construed to prohibit lawful fishing activities on or in the Boise River.
C. Operate or park any motor vehicles in the Boise River. This subsection does not prohibit vehicles the Board authorized or watercraft, emergency vehicles, motorized wheelchairs, or other similar vehicles the physically or mentally challenged use.
D. Fire or discharge any firearm of any description, or any air rifle, spring gun, bow and arrow, sling, or any other form of weapon potentially harmful to wildlife and dangerous to human safety, nor shall any person use an instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. This subsection does not apply to a person discharging his or her firearm in lawful self-defense of persons or property, to duly authorized law enforcement personnel certified by the Idaho Department of Police Officer Standards and Training in the course and scope of his or her employment as a law enforcement official.
E. Camp in Boise River area. For purposes of this section, the Boise River area includes all public property 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. No person shall be permitted to camp or otherwise remain in the Boise River area overnight.
F. Use, carry, or possess any container made of glass or styrofoam.
G. Litter, deposit or discard any trash, rubbish, or refuse, except in a proper trash receptacle or ashtray.
H. Use or ride in or upon any motorized watercraft from the portion of the Boise River immediately below Lucky Peak Dam downriver to the Boise City limits. This prohibition shall not apply to motorized watercraft operated by personnel authorized by the Ada County Sheriff, the local Fire Department, or designated representative(s) for the purpose of safety and rescue. Nor shall it apply to Idaho State Fish and Game personnel, or Ada County Animal Control staff in the performance of their duties.
I. Launch any watercraft from Ada County parks and waterways property unless posted.
J. Violation(s) of subsections A, B, C, D, F, H and/or I of this section is an infraction and each violation is punishable by a one hundred dollar ($100.00) fine. A violation of subsection E of this section is a separate offense for each day that the camp or camping is maintained, kept, or allowed to exist. A violation of subsection E of this section shall be a misdemeanor and is punishable as provided by Idaho Code section 18-113 as it may be amended and/or retitled from time to time. Violation(s) of subsection G of this section is an infraction and each violation is punishable pursuant to Idaho Code section 18-111, as it may be amended and/or retitled from time to time. (Ord. 844, 7-21-2015; amd. Ord. 861, 2-14-2017)