A. Purpose: It is the intent and purpose of this section to provide that those who benefit from county services protecting the health, safety and general welfare to boaters utilizing waters within the county to pay a portion of the cost of providing boater safety services.
B. Jurisdiction: This section shall apply to owners and operators of vessels using county waterways and facilities. (Ord. 77, 5-8-1985)
C. Definitions: Unless the context clearly indicates otherwise, the following words and phrases shall have the meanings given to them in this section:
OPERATOR: Any person who controls a vessel when using county boater facilities.
OWNER: Any person having a property interest in or entitled to the use or possession of a vessel, including a person entitled to use or possession subject to the interest in another person reserved or created by agreement and securing payment of performance of an obligation, but not including a lessee under lease not intended as security.
PERSON: A natural person, firm, copartnership, association or corporation.
SHERIFF: The elected sheriff and any duly deputized and/or authorized agent of the sheriff acting in his proper capacity.
VESSEL: Every motorized vessel, and sailboats fourteen feet (14') in length and longer, excepting vessels owned by fraternal, benevolent, charitable or religious organizations.
D. Fee: There shall be assessed against every vessel and the owner or operator of any vessel using county boat waterways shall pay an annual fee of ten dollars ($10.00). Exempted from this fee are vessels owned by fraternal, benevolent, charitable or religious organizations which utilize the navigable waters within Kootenai County. (Ord. 77, 5-8-1985; amd. 2004 Code)
E. Use Of Revenues: Funds generated by the fees required herein shall be used for the following purposes:
1. For marine deputy patrols for rescue, boater assistance and law enforcement on the waters of the county. Twenty five percent (25%) of the total fees generated shall be distributed to the marine deputy vessel account, with the exception that for each dollar received by the marine deputy vessel account from the state, the Idaho safe boating act or from a federal source, fifty cents ($0.50) of the fees generated by this section shall be transferred from the marine deputy vessel account and distributed to the remaining dedicated accounts as hereinafter set forth excluding the administrative account.
2. For the safe operation and healthful maintenance and development of county boater facilities, including restrooms and pumping facilities, with thirty five percent (35%) of the total fees generated hereunder to be distributed to the operation and maintenance account of the county waterways account.
3. To establish and maintain a dedicated account for the acquisition and development of county boater access property and related facilities, with twenty five percent (25%) of the generated fees to go to said dedicated account.
4. To establish and maintain a dedicated account for the study of water quality where evidence reflects water quality degradation may be caused by boater activity on county waters. Funds shall be allocated on a matching fund basis, and shall not exceed twenty five percent (25%) of any given water quality study. The board of county commissioners shall determine the use of these funds with five percent (5%) of the generated fees to go to this dedicated account.
5. Ten percent (10%) of the funds generated shall be set aside for administrative costs. (Ord. 77, 5-8-1985)
F. Boater Service Fee; Temporary Permits:
1. Every owner of a vessel using county waters shall apply to and obtain from the county assessor or the assessor's agent, an annual sticker evidencing payment of a boater services fee as set forth herein. Said sticker shall be affixed to the transom of the vessel and be clearly visible above the water line on the port side, and in the case of a vessel not having a transom, on the port quarter of the stern. The accompanying trailer sticker shall be affixed to the trailer tongue. Such sticker shall expire December 31 of the year issued.
2. Temporary permits may be issued upon payment of five dollars ($5.00), and shall be valid for fifteen (15) consecutive days. Temporary permits may be issued in lieu of regular permits. Upon receipt of the temporary permit fee, the county assessor or his agent shall issue a permit which shall denote the dates it is valid, which permit shall be displayed while county waters are being used. (Ord. 77, 5-8-1985; amd. 2004 Code)
G. Reciprocity: Recognizing that Kootenai County and adjoining counties of Idaho share certain costs of providing safety services to boaters, Kootenai County will, upon adoption of a similar ordinance in each adjoining county, recognize the permit of such adjoining county within the geographical borders of Kootenai County. Owners and operators of vessels displaying valid permits from adjoining counties will not be required to obtain Kootenai County permits for the use of Kootenai County waterways.
H. Violation; Penalty: It shall be unlawful and punishable as hereinafter provided for any person to use county waterways unless the vessel has properly displayed thereon a sticker evidencing payment of the boater facilities fee. Penalty for violation of this section shall constitute an infraction with a maximum penalty of one hundred dollars ($100.00). Each day of violation shall be considered a separate offense. (Ord. 77, 5-8-1985)