A. Boundaries:
1. Downriver Zone: That area of the Spokane River extending from Post Falls North, Middle and South Channel Dams down river to a distance of one thousand two hundred feet (1,200') from the North Channel Dam or one hundred and thirty feet (130') downstream of the WWP Arch Bridge, one thousand two hundred feet (1,200') downstream of the Middle Channel Powerhouse Dam, and the entire channel downstream of the South Channel Dam as indicated by warning signs, is designated as a No Entry Zone.
2. Upriver Zone: That area of the Spokane River extending from the Post Falls Dams upriver to the boater safety cable, as indicated by warning signs, is designated as a No Entry Zone.
3. Upriver Periodic Zone: That area of the Spokane River extending from the furthest upriver boater safety cable upriver to the Spokane Street Bridge is subject to periodic no entry restriction. The restriction is in place at any time a sign or message is posted on either side of the Spokane Street Bridge, on public park property or on boat launch property designating this area as a No Entry Zone. This area shall be a No Entry Zone until the signs or messages designating it as such are removed.
B. Violations. It shall be unlawful to operate a vessel, swim, or otherwise access within any of the No Entry Zones defined in section 6.2.106 of this chapter in a manner that is contrary to the restrictions set forth in this section.
C. Penalties. Unless otherwise provided by law, the penalty for a violation of any of the provisions of this section shall be as follows:
1. The first violation shall be an infraction punishable by up to a one hundred dollars ($100.00) fine.
2. The second violation within two (2) years of the first violation shall be an infraction punishable by up to a one hundred dollars ($100.00) fine.
3. The third and any subsequent violation within two (2) years of the most recent violation shall be a misdemeanor punishable by up to six (6) months in the county jail and up to a one thousand dollar ($1,000.00) fine.
D. Joint Enforcement. The No Entry Zones defined in section 6.2.106 of this chapter are in part within the municipal boundaries of the City of Post Falls and in part outside the municipal boundaries of the City of Post Falls. Therefore, to ensure that the provisions of this section are effectively enforced, such provisions may be enforced by the Kootenai County Sheriff or by the City of Post Falls Police Department.
E. Exemptions For Authorized Personnel. It shall not be unlawful for public safety personnel, law enforcement personnel or the personnel of the owner or operator of the Post Falls Dam, including its employees, contractors and agents, to enter into the No Entry Zones while acting in the course of performance of their assigned or necessary professional duties. (Ord. 568, 7-13-2021; amd. Ord. 571, 10-19-2021)