A. Permit Required: Except as otherwise provided in this chapter, it shall be unlawful to engage in any commercial use of, or activity at, any county facility except with a commercial use permit issued pursuant to this section.
B. Permitted Uses And Activities:
1. Commercial Uses: The following commercial uses and activities shall be permitted at county facilities only upon issuance of a commercial use permit by the director, upon payment of such fees as may be established by resolution of the board, and upon such terms and conditions as may be specified by this chapter or by resolution of the board, or as promulgated in writing by the director:
Advertising.
Concession businesses.
Fueling of vessels.
Loading, unloading and staging of construction materials and equipment in connection with transportation of such materials and equipment across a public waterway.
Transportation of persons for hire.
Vessel demonstrations by dealers.
Vessel repairs by a commercial marine repair business.
2. Special Uses: Special uses and activities shall be permitted at county facilities only upon issuance of a special use permit by the director, upon payment of such fees as may be established by resolution of the board, and upon such terms and conditions as may be specified by this chapter or by resolution of the board, or as promulgated in writing by the director.
3. Specifications In Writing: Any applicable fees, terms and conditions associated with a permit shall be specified in writing on the permit.
C. Exemptions:
1. Kootenai County shall be exempt from the requirements of this section.
2. All other federal, state, and local public entities shall be exempt from the payment of any fees which would otherwise be required under this section. Such entities shall be required to obtain any permit required under this section, and to comply with all other requirements of this section, any resolutions enacted by the board pursuant thereto, any policies, procedures or criteria promulgated in writing by the director, and any requirements specified on the permit.
D. General Requirements Of Permit Holders: All holders of commercial use permits and special use permits issued pursuant to this section shall be responsible for the following:
1. All permit holders shall display their name, business name (if applicable), street address, telephone number, and permit number(s) on all vehicles and vessels used in any activity pursuant to a county commercial or special use permit.
2. All permit holders shall be responsible for any necessary cleanup of any facility, including, but not limited to, cleanup of any spill or discharge of hazardous materials which directly or indirectly resulted from the activities of the permit holder.
3. All permit holders shall be responsible for any necessary repairs to, or replacement of, property or fixtures at any facility which directly or indirectly resulted from the activities of the permit holder.
4. All permit holders shall be liable for the cost of any necessary cleanup of, repairs to, or replacement of property or fixtures at, any facility performed by employees of, or independent contractors acting on behalf of, Kootenai County, which directly or indirectly resulted from the activities of the permit holder. Any such costs shall constitute a lien against any ownership interest in any real or personal property held by the permit holder; provided, that Kootenai County shall perfect any such lien by filing a notice of lien in the office of the Kootenai County recorder and/or the office of the Idaho secretary of state, as appropriate.
5. Permits shall not be transferable.
E. Regulation Of Permitted Commercial Uses:
1. Advertising:
a. A commercial advertising permit may authorize the placement of signs or posters on information kiosks located at county facilities when space for such advertisement is available.
b. Permit holders shall deliver advertisements authorized by the permit to the Kootenai County parks and waterways office at least five (5) working days prior to the starting date specified on the permit. Permit holders shall pick up advertisements from the Kootenai County parks and waterways office no later than ten (10) working days after the ending date specified on the permit.
c. No advertisements pertaining to any political candidate or issue shall be posted, or permitted to be posted, at any facility.
2. Concession Businesses:
a. Authorization; Specific Products, Location: A commercial concession permit may authorize the sale of specific products or services at a facility from a location(s) specified on the permit.
b. Requirements:
(1) Permit holders shall be responsible for ensuring the security of any trailers or equipment which are used in the course of the permit holder's operations, or which are stored at the facility by the permit holder.
(2) Permit holders who intend to prepare, sell or distribute food shall be responsible for obtaining any necessary permits from Panhandle health district or other authority with jurisdiction.
c. Bids:
(1) If the director receives more than one application for a commercial concession permit for the same facility for the same time period or for overlapping time periods, the director may require the applicants to submit bids for a permit. The director may set a minimum bid amount in an amount no less than the regular permit fee, and may set such other terms and conditions as he or she may deem to be in the best interests of the county.
(2) Any bid failing to meet such minimum bid amount, or any other terms and conditions set forth in writing by the director, shall be deemed nonresponsive. Any bidder who has been disqualified by the director for violation of any terms and conditions of any previously issued permit, or any other contract with Kootenai County, shall not be allowed to bid, and any bid received by such bidder shall be deemed nonresponsive.
(3) The director shall receive the bids submitted and forward them to the board, and may make a recommendation as to which bidder(s) should be awarded a permit. The board shall award the bid to the highest responsive bidder(s).
3. Vessel Demonstrations By Dealers: A commercial vessel demonstration permit may authorize the launching and loading of vessels, and the embarkation onto and debarkation from vessels by customers or potential customers, at specified facilities for the purpose of selling vessels or other goods or services. The permit may limit these activities to specified facilities on specified days and times. In addition, the board may set additional limits on these activities by resolution.
4. Vessel Repairs By A Commercial Marine Repair Business:
a. A commercial vessel repair permit may authorize commercial vendors to perform repair work at designated facilities. Repair work shall not exceed four (4) hours per vessel per day. The director may also set forth additional restrictions on the time during which a permit holder may engage in vessel repair at any facility. Any such restrictions shall be specified in writing on the permit.
b. Permits issued pursuant to this subsection E4 shall extend to all vehicles, vessels and trailers owned or operated by the permit holder which are used in the course of the permit holder's operations.
c. Permit applicants shall provide the director with proof of liability insurance with a policy limit of no less than one million dollars ($1,000,000.00) prior to issuance of the permit. Such insurance shall name Kootenai County as an additional insured.
5. Commercial Transportation Of Persons:
a. Authorization; Specific Facilities, Time Periods: A permit for the commercial transportation of persons may authorize the temporary mooring of a vessel to be used for the commercial transportation of persons at specified facilities for a specified time period not to exceed ten (10) minutes.
b. Requirements:
(1) Permit applicants shall provide the director with proof of liability insurance with a policy limit of no less than one million dollars ($1,000,000.00) prior to issuance of the permit. Such insurance shall name Kootenai County as an additional insured.
(2) All vessels owned or operated by the permit holder, and all captains and pilots working for the permit holder, whether as employees or independent contractors, shall hold valid U.S. coast guard licenses at all times while the permit is in effect.
6. Fueling Of Vessels:
a. Authorization; Designated Facilities: A commercial vessel fueling permit may authorize the commercial fueling of vessels at designated facilities.
b. Requirements:
(1) The permit holder shall be responsible for cleanup of any fuel spill into any waterway, and shall be responsible for notifying the director and all necessary state and/or federal agencies with jurisdiction, when necessary.
(2) Permit applicants shall provide the director with proof of liability insurance with a policy limit of no less than one million dollars ($1,000,000.00) prior to issuance of the permit. Such insurance shall name Kootenai County as an additional insured.
(3) During all commercial fueling operations, permit holders shall ensure that a fuel spill containment kit which complies with all applicable federal and state requirements is on site, and that two (2) operators are present at all times. One operator shall be located at the fueling vehicle or vessel, and the other operator shall be located at the vessel receiving fuel.
7. Construction Materials And Equipment: Loading, unloading and staging of construction materials and equipment in connection with transportation of such materials and equipment across a public waterway:
a. Authorization; Specific Facilities, Days, Times: A marine contractor permit may authorize the loading, unloading and staging of materials and equipment by the permit holder in conformity with facility regulations and any other terms and conditions stated on the permit. The permit may limit these activities to specified facilities on specified days and times.
b. Exemption: The director may grant onetime exemptions from the requirement to obtain a marine contractor permit. Any such exemptions shall be based on criteria established by resolution of the board or, in the absence of such resolution, on criteria established and promulgated in writing by the director.
c. Requirements:
(1) Permit applicants shall be Idaho licensed public works contractors.
(2) Permit applicants shall provide the director with proof of liability insurance with a policy limit of no less than one million dollars ($1,000,000.00) prior to issuance of the permit. Such insurance shall name Kootenai County as an additional insured.
(3) Applicants for exemption from permitting requirements shall provide the director with proof of liability insurance with a policy limit of no less than one million dollars ($1,000,000.00), naming Kootenai County as an additional insured, prior to granting of the exemption, unless such requirement is waived or modified by the director.
F. Waterways User Fee Account: The county auditor shall cause all revenues from fees collected as authorized by this section to be placed into a dedicated account known as the "waterways user fee account". Such revenues shall be used solely for the operation, maintenance, and upkeep of county waterways facilities. The board may enter into agreements with federal, state, tribal or local entities further specifying the allocation and use of such fees.
G. Violation: The first violation of any provision of this section shall constitute an infraction. Any subsequent violation of the same provision within one year after the most recent violation shall constitute a misdemeanor. A violation of any provision of this section may also result in the denial or revocation of, or the refusal to reissue or renew, any permit required under this section.
H. Civil Penalty: In addition to any infraction or misdemeanor penalty imposed for engaging in any use or activity permitted under this section without first having obtained the required commercial or special use permit(s), the director or sheriff, or designee thereof, or a court of competent jurisdiction, may impose a civil penalty in the amount of three (3) times the amount of the applicable permit fee(s) for each such violation. Failure to pay any civil penalty imposed as authorized in this subsection shall constitute an infraction. Upon a conviction for any violation of this section, the court may also enter a civil judgment for any unpaid permit fees or civil penalties then due and owing.
I. Revocation: The director or his or her designee may revoke any permit required under this section upon a report or observation of any violation of this chapter, or of any resolution, rule, regulation, term or condition promulgated in writing by the board or by the director pursuant to the provisions of this chapter, or posted at a facility pursuant to the provisions of this chapter. Such revocation shall have immediate effect, subject to the permit holder's right to request a hearing before the board as set forth in section 6-2-118 of this chapter. (Ord. 480, 2-10-2015; amd. Ord. 571, 10-19-2021)