A. Operation Without Sticker: The operator of a snowmobile or OHV who is found to be operating a snowmobile or OHV upon a groomed trail without a groomer sticker or other valid documentation of payment of the groomer fee shall be directed to immediately leave the groomed trail, and shall be barred from future use of a groomed trail until the fee is paid. Said direction to immediately leave the groomed trail and barring from future use shall be in addition to any applicable penalty pursuant to subsection 6.4.104(B) of this chapter.
B. Removal of Accidents, Operator/Driver Arrests, and Vehicle, Snowmobiles, or OHVs Found Under Extraordinary Circumstances: Any authorized law enforcement officer or staff of the Kootenai County Parks and Waterways, Noxious Weeds, and Snowgroomer Department may immediately remove any snowmobile, OHV, or other vehicle upon a groomed snowmobile trail in Kootenai County as a result of an accident, the operator/driver being arrested, or extraordinary circumstances. Any such snowmobile, OHV, or other vehicle may be placed in the custody of a tow truck operator, with all expenses of towing and storage to be those of the operator and/or registered owner.
At the time of removal, the authorized law enforcement officer or staff of the Kootenai County Parks and Waterways, Noxious Weeds, and Snowgroomer Department shall complete a notice form containing, but not limited to, the following:
1. Name and address of the registered owner;
2. Complete vehicle, OHV, or snowmobile description, including any license plate number, groomer sticker number, and/or vehicle identification number;
3. Date, time, and reason for tow;
4. Law enforcement agency or Kootenai County department directing the tow;
5. Estimated value of vehicle, OHV, or snowmobile and daily storage rate;
6. Law enforcement officer or Kootenai County staff member name and/or badge number;
7. Name, address, and telephone number of towing company;
8. Signature of tow truck operator taking receipt of the vehicle, OHV, or snowmobile and contents
A copy of this notice shall be provided to the legal or registered owner at the scene, or may be mailed by first class mail within seventy-two (72) hours excluding weekends and holidays.
C. Damage: The operator and/or registered owner of any snowmobile, OHV, or vehicle shall be responsible and held accountable to Kootenai County for any trails, trees, shrubs, or other property that has been damaged as a result of travel by the snowmobile, OHV, or vehicle on a groomed trail.
D. Failure to Comply: Failure to comply with any provision of this chapter shall result in denial of the use of any groomed trail within the county, and may also result in either civil action to enforce the payment of the applicable user fee and/or for the immediate removal of any vehicle, snowmobile, or OHV pursuant to subsection 6.4.107(B) of this chapter, or criminal action for any violation of this chapter classified as a misdemeanor or infraction, or both.
E. Punishment for Violations:
1. Any violation of this chapter constituting a misdemeanor as specified in subsection 6.4.104(C) of this chapter, shall be punished as provided in the general penalty in section 1.4.101 of this code.
2. Any violation of this chapter constituting an infraction as specified in subsection 6.4.104(D) of this chapter shall be punished as provided in the general penalty in section 1.4.101 of this code. (Ord. 565, 4-11-2021)