A. General Restrictions: The board, by resolution, may designate or repeal a designation of a specific area or areas on the public waterways of Kootenai County as restricted zones. These zones shall be defined as follows:
1. ''No Entry Zone'' shall mean the area above and below the Post Falls Dams North, Middle, and South Spokane River Channels within the designated boundaries, whether water, ice, dried or open river bottom conditions exist, in which access by watercraft, vehicle, swimming, walking, wading, hiking, biking, rock climbing, fishing, or any other means of entering the area is prohibited at all times.
2. "No motor driven watercraft zone" is defined as an area in which no motor of any kind can be used to propel a vessel within the designated boundaries of the area.
3. "No swimming zone" is defined as an area in which swimming and the operation of float tubes and other nonmotorized devices not designed or modified to be used as a means of transportation on water, such as inflatable air mattresses, single inner tubes and beach and water toys, are prohibited within the designated boundaries of the area in order to protect and promote the health, safety and welfare of the general public.
4. "No wake zone" is defined as an area in which the operation of a vessel must be accomplished at not more than five (5) miles per hour and where no water shall produce a wake greater than four inches (4") in height within the designated boundaries of the area.
5. “No excessive wake zone” is defined as an area prohibiting any wave resulting from operating a vessel: (1) at the speed at which boats create the most wake, moving quickly and displacing the most water, i.e. plowing; (2) in an artificially bow high manner to increase or enhance a wake, including wake enhancement by use of ballast, mechanical hydrofoils, uneven loading; or (3) to cause water to lap onto or over a dock, pier, or other lawfully permitted encroachment.
6. "No watercraft zone" is defined as an area in which the operation of any vessel is prohibited within the designated boundaries of the area in order to protect and promote the health, safety and welfare of the general public.
7. "No waterskiing zone" is defined as an area in which motor driven watercraft are prohibited from towing a waterskier, a tube, a wakeboard, a knee board, or any other type of appliance within the designated boundaries of the area. This is not intended to prohibit the towing of a vessel at no wake speed as defined in subsection A3 of this section.
8. "Restricted personal watercraft zone" is defined as a designated operational zone for personal watercraft on public waters within the county. A restricted personal watercraft zone may limit the operation of personal watercraft within the zone to: a) no wake or less than five (5) miles per hour; b) personal watercraft only; c) no personal watercraft allowed; or d) a specified distance from the shoreline.
9. "Restricted motor zone" is defined as an area in which the type of motor or the horsepower of a motor which may be used to power a vessel on the water is limited within the designated boundaries of the area.
10. "Restricted length zone" is defined as an area in which the launching of any vessel in excess of a specified maximum length is prohibited at designated county facilities, or in which the parking of any motor vehicle, trailer or combination thereof in excess of a specified maximum length is prohibited at designated county facilities.
B. Flooding Or Threat Of Flooding:
1. No Wake Zones; Automatic Designation:
a. The Coeur d'Alene River and all navigable waters within the Coeur d'Alene River drainage (including the Chain Lakes) shall be automatically designated as no wake zones in their entirety whenever one or more of the following conditions exist:
(1) The gauge on the Coeur d'Alene River at Cataldo reads forty three feet (43') or higher; or
(2) The gauge on the Coeur d'Alene River at Enaville, in Shoshone County, reads seventy two feet (72') or higher.
b. Coeur d'Alene Lake, Fernan Lake, and the Spokane River shall be automatically designated as no wake zones in their entirety whenever the gauge on the Coeur d'Alene Lake at Tubbs Hill reads two thousand one hundred thirty three feet (2,133') or higher.
The designation of these waters as no wake zones shall automatically expire when the conditions giving rise to the designation no longer exist, except as otherwise provided in this chapter or any resolution authorized by this chapter that has been enacted by the board and is effective and in force.
2. Restricted Zone Designations; Resolution Required: The board, by resolution duly enacted, may impose any or all of the restricted zone designations listed in this section on any public waterway within the county upon a finding that actual flooding has occurred or that an imminent threat of flooding exists.
3. Lawful Uses Prohibited; Resolution Required: The board, by resolution duly enacted, may also prohibit any or all otherwise lawful uses of any public waterway within the county upon a finding that actual flooding has occurred or that an imminent threat of flooding exists.
4. Time Limits On Resolutions: Any resolution enacted pursuant to this subsection shall automatically expire thirty (30) days after enactment unless extended for another thirty (30) day period by subsequent resolution.
C. Violation: It shall be unlawful to operate a vessel or to swim in a manner contrary to the restrictions or prohibitions set forth in this section and/or any resolution enacted pursuant to this section while such resolution is effective and in force. A violation of any provisions of this section shall constitute a misdemeanor except as otherwise provided in this chapter or resolution adopted pursuant to this chapter. (Ord. 416, 7-22-2008; amd. Ord. 568, 7-13-2021; Ord. 571, 10-19-2021)
Notes
| 1 | See also section 6-2-122 of this chapter. |