A. Authority To Adopt Regulations: The board shall have the authority to adopt by resolution all reasonable rules and regulations governing the conduct of persons utilizing county facilities. Such facility restrictions may include, but are not limited to, designating no swimming zones within a given distance of any public boat launch unless within a designated swim area, prohibiting diving and swimming from docks or pilings, prohibiting possession and consumption of alcoholic beverages, prohibiting glass containers on beaches or in swim areas or parks, prohibiting conduct detrimental to the safe and peaceable use of county facilities, setting hours of use of the facility and designating trails as restricted access/nonmotorized vehicles allowed. Any resolution enacted by the board pursuant to this section shall indicate whether the violation of any of the rules and regulations enacted therein shall constitute a misdemeanor or an infraction.
B. Posting Regulations Required: The rules and regulations governing a county facility, and the penalties for violations thereof, shall be posted in such a manner to be visible to the general public utilizing the facility.
C. Authority To Restrict, Prohibit Use: The board shall have the authority to restrict or prohibit the use of any county facility, by resolution duly enacted, upon a finding that any of the conditions set forth in subsection 6.2.106B of this chapter exist. Such resolution shall automatically expire thirty (30) days after enactment unless extended for another thirty (30) day period by subsequent resolution. Any restriction or prohibition ordered by such resolution, and the expiration date thereof, shall be posted in such a manner as to be visible to the general public within the affected facility or facilities, or as close to such facility or facilities as safety considerations and road closures permit, as soon as practicable. A violation of any of the provisions of any resolution enacted pursuant to this subsection shall constitute a misdemeanor.
D. Fees For Noncommercial Use Of County Facilities:
1. The board shall have the authority, by resolution duly enacted, to implement fees for noncommercial use of county facilities. Fees, the uses for which a fee is required, and any other terms and conditions concerning such fees and uses, shall be as specified in the resolution. Any such fees shall comply with the requirements of sections 31-870 and 63-1311A, Idaho Code.
2. The county auditor shall cause all revenues from fees collected as authorized by this subsection D 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 facilities. The board may enter into agreements with federal, state, tribal or local entities further specifying the allocation and use of such fees.
3. In addition to or in lieu of any infraction penalty, the director or sheriff, or designee thereof, or a court of competent jurisdiction, may impose a surcharge of ten dollars ($10.00) for each violation of this subsection D in addition to the amount of the applicable fee. Failure to pay any fee or surcharge imposed as authorized in this subsection D shall constitute an infraction. Upon a conviction for any violation of this subsection D, the court may also enter a civil judgment for any unpaid fees or surcharges then due and owing. (Ord. 416, 7-22-2008; amd. Ord. 571, 10-19-2021)