A. Restricted Zones:
1. No Wake Zones:
a. From the mouth of the Spokane River to a point located three hundred feet (300’) downstream of the Highway 95 bridge.
b. From the east end of Templin's Marina to the Post Falls Dam on the Spokane River.
c. The channel between the shoreline and the island and wetlands area at mile 7 on the south side of the Spokane River.
d. The posted areas on Scenic Bay to include the public boat launch located within the community of Bayview.
e. The posted areas on Rockford Bay to include the marina and public boat launch.
f. On all of the connecting channels from the Coeur d'Alene River to each of the lateral lakes commonly known as the "Chain Lakes".
g. Any portion of Coeur d'Alene Lake westerly of an imaginary line extending from the south tip of Blackwell Island, south-south- westerly to Donovan's Point, or as otherwise posted (Cougar Bay).
h. The portion of the bridge over the mouth of Blue Creek Bay, identified by signs on the bridge, as follows: "5 mph within 200 feet of bridge".
i. From the Fernan Lake outlet one thousand two hundred feet (1,200') east to the No Wake buoy.
j. Between the north shoreline and the sandbar at Mokins Slough on Hayden Lake.
k. The posted area two hundred feet (200') downstream of the float home at Harrison Dock Builders and two hundred feet (200') upstream of the Fish and Game boat launch on the Coeur d'Alene River.
l. The waterway south of the Sportsman's Access public boat launch on Spirit Lake until said channel opens to a width of more than eight hundred ninety-five feet (895') across. The end of this no wake zone shall be designated by an encroachment in aid of navigation, to-wit: a buoy indicating "End No Wake Zone."
m. The posted areas on Honeysuckle Bay, Hayden Lake, to include the boat launch.
2. No Motor-Driven Watercraft Zones:
a. Wolf Lodge Creek from the Highway 97 Bridge upstream, except pursuant to permit issued by the Director under such terms and conditions as stated on the permit.
b. Lake Creek from the mouth of Lake Coeur d'Alene upstream.
c. Black Bay on the Spokane River.
d. Blackwell Island Canal from the Highway 95 Bridge downstream to the Spokane River except from fifty feet (50') upstream of the developed Bureau of Land Management Boat Launch downstream to the Spokane River.
e. Hayden Lake, within a two hundred foot (200') radius of the Hayden Lake Dam spillway at Honeysuckle Bay, measured from the center of the spillway on the lakeward side.
3. No Waterskiing Zone: The entire Coeur d'Alene River upstream from Lake Coeur d'Alene, beginning at a sign posted at the entrance to the river channel. This prohibition shall not apply to the Chain Lakes adjacent to the Coeur d'Alene River.
4. No Excessive Wake Zone:
a. Definition. The term "excessive wake" shall be defined as the 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.
The prohibition against excessive wake contained herein shall not apply to the reasonable operation of a vessel at transition speed while transiting on or off plane.
b. Spokane River. There shall be a no-excessive wake zone on the Spokane River in its entirety except where a no-wake zone applies.
c. Fernan Lake and Lower Twin Lake. There shall be a no-excessive wake zone on Fernan Lake and on Lower Twin Lake between one hundred feet (100') and one hundred fifty feet (150') from shoreline or any dock, pier, or other structure.
d. All other public waters. There shall be a no-excessive wake zone on all other public waters in Kootenai County between two hundred feet (200') and three hundred feet (300') from shoreline or any dock, pier, or other structure.
e. Exemption. The prohibitions on excessive wake set forth in this paragraph shall not apply to emergency or patrol or rescue vessels.
B. Facility Restrictions:
1. Prohibition Of Alcoholic Beverages:
a. No alcoholic beverages shall be allowed at Hauser Park, including all facilities and docks therein, and no alcoholic beverages shall be consumed on any vessel while moored to said docks.
b. No alcoholic beverages shall be allowed at BLM Mica Bay Boater's Park, including all facilities and docks therein, and no alcoholic beverages shall be consumed on any vessel while moored to said docks.
2. Restricted Hours Of Operation:
a. Fernan Park, located at the northwest end of Fernan Lake within the City limits of Fernan, shall be closed from ten o'clock (10:00) P.M. to five o'clock (5:00) A.M.
b. Greensferry Park, located on the south side of the Spokane River on Driftwood Drive, shall be closed from ten o'clock (10:00) P.M. to five o'clock (5:00) A.M.
c. Rodkey Drive access, a ten foot (10') wide pathway off of Rodkey Drive on the north side of the Spokane River, shall be closed from ten o'clock (10:00) P.M. to five o'clock (5:00) A.M.
d. Greensferry Boat Launch shall be closed from ten o'clock (10:00) P.M. to five o'clock (5:00) A.M.
e. Upper Twin Lakes and Middle Twin Lakes Boat Launches shall be closed from eleven o'clock (11:00) P.M. to four o'clock (4:00) A.M.
f. Neachen Bay Launch shall be closed from ten o'clock (10:00) P.M. to six o'clock (6:00) A.M.
g. Hauser Park shall be closed between the hours of ten o'clock (10:00) P.M. and four o'clock (4:00) A.M. daily.
h. McGuire Park shall be closed between the hours of ten o'clock (10:00) P.M. and five o'clock (5:00) A.M. daily.
3. Parking Restrictions:
a. Parking is prohibited at Bronze Bay Launch site, located at the west end of Spirit Lake.
b. Parking shall be prohibited or limited in all launch parking facilities where signs are posted accordingly.
c. Parking is prohibited at Maiden Rock on Spirit Lake except when "no parking" signs are removed during ice-fishing season and in designated parking spaces located at the launch ramp.
d. Parking is prohibited at Upper Twin Lakes and Middle Twin Lakes Boat Launches from eleven o'clock (11:00) P.M. to four o'clock (4:00) A.M.
e. Parking is prohibited at Neachen Bay Boat Launch except for handicap, emergency, and official vehicles.
4. Restrictions On Mooring Of Vessels: Mooring of vessels at all County facilities, including mooring buoys, shall be limited to forty eight (48) hours within any 72-hour period unless otherwise posted.
5. Attaching Vessels: Attachment of vessels to one another by any means when any such vessels are moored to a dock is prohibited at all County facilities.
6. Quiet Hours: Quiet hours at all County facilities shall be observed every day starting at ten o'clock (10:00) P.M. and ending at eight o'clock (8:00) A.M. the following day. During quiet hours, noise levels shall not be audible more than one hundred feet (100') from the sound origination point and/or the ordinary high water mark, as that term is defined in section 58-1302, Idaho Code, of the body of water on which the facility is located.
7. Penalty: Any violation of this section shall constitute an infraction. Each instance of any violation shall constitute a separate offense.
C. Vessel Launch, Parking, And Overnight Moorage Fee Schedule:
1. Fees: The fee for launching a vessel or parking at any County facility shall be as follows:
Vessels registered in Idaho: | ||
Daily launch fee | $10.00 per facility per day | |
Annual pass | $40.00 per year | |
Second vehicle sticker | $10.00 | |
Vessels registered outside of Idaho: | ||
Daily launch fee | $20.00 per facility per day | |
Annual pass | $100.00 per year | |
Second vehicle sticker | $10.00 | |
Parking of vehicles registered in Idaho: | ||
Daily parking fee | $5.00 per day | |
Annual pass | $20.00 per year | |
Parking of vehicles registered outside of Idaho: | ||
Daily parking fee | $10.00 per day | |
Annual pass | $40.00 per day | |
Citations for Violations: | ||
Failure to pay launch fee | $50.00 | |
Failure to pay Idaho resident parking fee | $30.00 | |
Failure to pay nonresident parking fee | $50.00 | |
Parking violations | $50.00 | |
2. Overnight Moorage Fee: The fee for overnight moorage at designated County facilities shall be eight dollars ($8.00) per night for all vessels, regardless of state of registration.
3. Daily And Annual Pass Validity: The daily vessel launch fee shall allow the purchaser to launch a vessel at the facility at which the fee is paid from the time of purchase until eleven fifty nine o'clock (11:59) P.M. on that day. The annual vessel launch pass shall allow the purchaser to launch any vessel at any County facility from the time of purchase until eleven fifty nine o'clock (11:59) P.M. on December 31 of that year.
4. Overnight Moorage Time Frame: The daily overnight moorage fee shall allow the purchaser to moor a vessel at the facility at which the fee is paid from the time of purchase until one hour after sunset the next day. Payment of an overnight moorage fee shall not authorize the mooring of a vessel at a County facility for more than forty eight (48) hours within any seventy two (72) hour period.
5. Notices Posted At Facilities: Notice of whether overnight moorage is permitted or prohibited, the daily vessel launch fee, the availability and cost of annual vessel launch passes, and penalties for non-payment of any launch fee or civil penalty, shall be posted at each facility. At facilities where overnight moorage is permitted, notice of the daily overnight moorage fee shall also be posted.
6. Fee Collection; Annual Pass Purchase: Forms, envelopes and drop boxes or other methods of collection of the daily vessel launch fee, and the daily overnight moorage fee where applicable, shall be placed at each facility. Annual passes may be purchased at the Kootenai County Parks and Waterways Office and at such other places as the Board or Director may designate.
7. Penalties: Penalties for violations of this section shall be as set forth in subsection 6.2.116D of this chapter.
8. Exemptions:
a. The provisions of this section shall not apply to holders of a valid commercial use permit while operating within the scope of the permit.
b. The provisions of this section shall not apply to vessels for which registration is not required under Idaho law.
c. The provisions of this section shall not apply to enrolled members of the Coeur d'Alene Tribe who are launching a vessel or are mooring a vessel overnight at the Spokane Point boat launch facility; provided, however, that this exemption shall be reviewed by the Board on an annual basis beginning in 2010.
d. Veterans with one hundred percent (100%) service-connected disability who reside in Kootenai County and their non-remarried widows/widowers, or Gold Star Families, who reside in Kootenai County shall be eligible to obtain a free annual boat launch pass or a free annual parking pass. Eligibility therefor shall be established annually by presentation of a VA Benefit Summary letter from the U.S. Department of Veterans Affairs, and proof of residency in Kootenai County, to the Kootenai County Parks and Waterways Department.
D. Commercial Use Permit Fee Schedule: The fees for commercial use permits shall be as follows:
1. Advertising permits: | $0.10 per square inch (minimum fee: $20.00) | |
2. Concession permits: | ||
7-day permit | $ 75.00 | |
30-day permit | 150.00 | |
Whenever the Director receives more than one application for a concession permit for the same facility for the same time period or for overlapping time periods, he or she may require the applicants to submit bids for the permit pursuant to subsection 6.2.110E2c of this chapter. In such cases, the minimum bid amount shall be the amount of the permit fee for the applicable time period as set forth above, or such higher amount as the Director may determine.
3. Vessel Demonstration Permits:
Annual fee: | ||
In-State dealers | $200.00 | |
Out-of-State dealers | 500.00 | |
4. Vessel Repair Permits:
Annual fee: | ||
In-State dealers | $200.00 | |
Out-of-State dealers | 500.00 | |
Applicants requesting both a vessel demonstration permit and a vessel repair permit will receive a fifty percent (50%) discount on the second permit.
5. Permits For The Commercial Transportation Of Persons:
Annual fee per facility | $50.00 per lineal foot |
"Lineal foot" refers to the lineal feet of moorage required for safe use in all conditions as determined by the Director.
6. Vessel Fueling Permits:
Annual fee | $500.00 |
7. Marine Contractor Permits:
Annual fee | $500.00 |
8. Penalties: Penalties for violations of this section, including civil penalties, shall be as set forth in section 6.2.110 of this chapter.
9. Notice: Notice stating generally that commercial use of County facilities is prohibited with the exception of those uses expressly permitted with a duly issued commercial use permit under section 6.2.110 of this chapter, and including contact information for the Kootenai County Parks and Waterways Department, shall be posted at each facility.
E. Commercial Staging And Transportation Of Materials And Equipment - Exemption From Permit Requirements:
1. One-Time Exemption: The Director may grant a one-time exemption from the requirement to obtain a marine contractor permit pursuant to subsection 6.2.110E7b of this chapter if both of the following criteria exist:
a. There are no other permit holders physically available on the body of water across which the materials and/or equipment are to be transported; and
b. No other land access is available to transport the materials and/or equipment to the work site.
2. Information Required: The applicant for exemption shall provide the following information to the Director before the requested exemption may be considered:
a. The applicant's name, address and telephone number;
b. The physical address of the property where the materials and/or equipment are to be transported, and the waterway on which the property is located, along with documentation which clearly demonstrates that the property is landlocked;
c. Copies of all permits required by Kootenai County and/or other entities with jurisdiction for the contemplated work, or proof of application therefor;
d. The exact type and quantity of the materials and/or equipment to be transported;
e. The exact type and quantity of any equipment to be used to transport the materials and/or equipment from the facility to the vessel and/or from the vessel to the facility;
f. The exact type of vessel to be used to transport materials and/or equipment, including width, length, draft and vessel registration number. If a dock will be used for this purpose, the permit number from the Idaho Department of Lands encroachment permit associated with the dock shall be required;
g. The name of the facility to be used;
h. The requested dates, times and duration of use of the facility; and
i. Documentation from all permitted contractors stating that they cannot perform the desired work.
3. Considerations For Exemption: In determining whether to grant or deny a requested exemption, the Director shall consider the following factors:
a. Safety considerations;
b. Potential harm to the facility;
c. Potential adverse effects on recreational use of the facility;
d. Whether the permits required by Kootenai County and/or other entities with jurisdiction have been issued or applied for; and
e. The duration of the proposed activities.
4. Conditions For Exemptions: The following conditions shall apply to any exemptions granted by the Director:
a. All exemptions shall be granted on a one-time basis only. No grantee shall make a subsequent request for exemption, nor shall any such request be considered, within twelve (12) months after the date on which the exemption was issued.
b. Exemptions cannot be transferred, altered or changed in any manner.
c. The grantee shall provide proof of liability insurance sufficient to cover the full extent of permitted use.
d. The grantee shall be liable for all damages and cost for corrective work to the facility which may happen as a result of permitted use.
e. The Director, or his or her designee, shall have the right to be present during the performance of any permitted use. The grantee shall provide the Director with at least twenty four (24) hours' notice prior to the commencement of work.
f. Dates, times and duration of permitted use may be restricted at various facilities. Grantees shall use such facilities only within the timeframes specified for that facility.
g. An inspection of the facility upon completion of permitted use will be performed within twenty four (24) hours by a designated County employee.
5. Twenty Four Hour Use Fee: The fee for 24-hour use of County facilities pursuant to an exemption granted by the Director under this section shall be one hundred dollars ($100.00).
6. Exemptions: A written decision to grant or deny a requested exemption shall be transmitted to the applicant within thirty (30) days of receipt of the application. The applicant may appeal a denial of a requested exemption to the Board in accordance with the provisions of section 6.2.118 of this chapter.
7. Penalties: Penalties for violations of this section shall be as set forth in section 6.2.110 of this chapter.
F. Special Use Permits And Facility Reservations:
1. Fees:
a. Special Use Permit Fee: A base fee of two hundred fifty dollars ($250.00), plus one dollar ($1.00) per person based on expected attendance, as determined by the Director.
b. Facility Reservation Fee: Twenty five dollars ($25.00) - one hundred dollars ($100.00) depending on facility size, as determined by the Director.
c. Mowry State Park Fees:
(1) Overnight camping fee: Ten dollars ($10.00) per night (May 1 through October 1).
(2) Reservation fee: Ten dollars ($10.00).
(3) Purchase of firewood: Ten dollars ($10.00) per bundle.
2. Additional Terms And Conditions:
a. For facility reservations, a deposit and/or proof of liability insurance may be required, as determined by the Director;
b. For special use permits, proof of liability insurance with a policy limit of at least one million dollars ($1,000,000.00) naming Kootenai County as an additional insured shall be required prior to permit issuance unless waived by the Director;
c. If overnight moorage is authorized at the facility, overnight moorage fees will be charged in addition to the applicable permit fee;
d. Any fees required by the Kootenai County Sheriff's Office or other agencies with jurisdiction shall be paid prior to permit issuance;
e. The Director may set forth such other conditions of approval as may be reasonably related to the expected impacts of the event; and
f. Special use permits must be applied for at least ninety (90) days before the event. Requests for reservation of facilities for uses not requiring a special use permit shall be made at least seven (7) days in advance of the first day of the requested reservation.
G. Speed Limits: The nighttime vessel speed limit on all County waterways shall be twenty five (25) miles per hour. (Adopted per Ord. 406, 10-15-2007; amd. Resolution 2014-73, 11-4-14; Resolution 2015-22, 2-10-15; Resolution 2016-126, 12-20-16; Resolution 2018-35, 8-21-18; Resolution 2019-10, 1-15-19; Resolution 2019-75, 9-17-2019; Resolution 2020-38, 5-21-2020; Resolution 2020-91, 12-22-2020; Resolution 2020-100, 12-22-2020; Resolution 2021-37, 3-30-2021; Resolution 2021-44, 5-18-2021; Resolution 2021-63, 7-6-2021; Ord. 568, 7-13-2021; Ord. 571, 10-19-2021; Resolution 2021-124, 12-28-2021; ; Resolution 2022-19, 3-15-2022; Resolution 2022-36, 5-31-2022)