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Ordinance 2022-0509 WaterwaysTETON • IDAHO 5-10-2022 00 PM No.of Pages: Recorded for: •COUNTY IDAHO KIM KEELEY Fee: 0.00 LL-officlo Recorderr„ TITLE 14 - ORDINANCE # 2022-0509 TETON COUNTY WATERWAYS RECREATION ORDINANCE TETON COUNTY, IDAHO AN ORDINANCE OF TETON COUNTY, IDAHO, TO BE ADMINISTERED AND ENFORCED BY THE TETON COUNTY SHERIFF'S OFFICE AND/OR DESIGNATED COUNTY EMPLOYEES, AND TO BE KNOWN AS TETON COUNTY WATERWAYS RECREATION ORDINANCE, WITH COVERAGE OF DESIGNATED PORTIONS OF THE TETON RIVER AND ITS TRIBUTARIES WITHIN THE COUNTY, ESTABLISHING REGULATIONS FOR RECREATIONAL USE OF SAID AREA IN ORDER TO PRESERVE THE ECOLOGICAL HEALTH OF THESE WATERWAYS, MAINTAIN A QUALITY RECREATIONAL EXPERIENCE, AND TO PROVIDE FOR THE ECONOMIC WELL-BEING, HEALTH, SAFETY AND GENERAL WELFARE OF CITIZENS OF THE COUNTY. WHEREAS, the Teton County Board of Commissioners are granted general authority to enact the provisions of this chapter pursuant to the Idaho Constitution, Article XII, Section 2 and Idaho Code Section 31-714 and Section 31-807 giving counties authority to make and enforce ordinances for the protection of safety, health, and property within its limits in accordance with Idaho statute, and The Teton County Board of Commissioners is granted authority to regulate waterways pursuant to The Idaho Safe Boating Act, Idaho Code Title 67, Chapter 70 granting authority to political subdivisions to adopt ordinances with reference to the operation of vessels on any waterways within its territorial limits (Idaho Code Section 67-7031), and granting authority to appoint a waterways recreation advisory committee (Idaho Code Section 67-7012); and, WHEREAS, the Teton County Board of Commissioners has determined, through citizen reports, workshops, surveys, and consultation with officials at the Idaho Department of Fish and Game, Friends of the Teton River, Teton Regional Land Trust, Henry's Fork Foundation, Idaho Outfitters and Guides Licensing Board, and Idaho Outfitters & Guides Association, that it is in the best interests of the residents of Teton County to institute these regulations; and, WHEREAS, residents of Teton County desire to protect the area's natural environment, including the high-quality fresh waters of the Teton County waterways, recognizing that such outstanding natural attributes contribute to tourism, to the overall economic well-being, and to the quality of life enjoyed and appreciated by both residents and visitors alike; and, WHEREAS, residents of Teton County value the peace and quiet associated with waterway experiences; and, WHEREAS, the Teton River and its associated wetlands and tributaries support a diversity of TITLE 14 - CHAPTER 1 TETON COUNTY WATERWAYS RECREATION ORDINANCE 14-1-1: TITLE 14-1-2: PURPOSE AND COVERAGE 14-1-3: AUTHORITY 14-1-4: DEFINITIONS 14-1-5: OPERATIONAL RULES, REGULATIONS AND BEHAVIORAL STANDARDS FOR ALL PUBLIC WATERWAYS IN TETON COUNTY 14-1-6: OPERATIONAL RULES, REGULATIONS AND BEHAVIORAL STANDARDS FOR THE UPPER TETON RIVER IN TETON COUNTY 14-1-7: APPOINTMENT OF TETON WATERWAYS RECREATION ADVISORY COMMITTEE 14-1-8: ENFORCEMENT 14-1-9: VIOLATIONS AND PENALTIES 14-1-10: EXCEPTIONS 14-1-11: SEVERABILITY b. The lower section of Fox Creek, beginning from a point one mile upstream from its confluence with the Teton River, as measured by the center of the stream channel. c. The lower section of Teton Creek, beginning from a point one mile upstream from its confluence with the Teton River, as measured by the center of the stream channel. 2. In addition to the provisions herein, the above-mentioned waterways in Teton County and other waterways in Teton County not covered by this Ordinance are subject to the provisions of the Idaho state boating laws as found in the Idaho Safe Boating Act, Idaho Code Title 67, Chapter 70, other applicable Idaho State Statutes and The Idaho Administrative Code, IDAPA 26.01.30 The provisions of this chapter are enacted pursuant to the general authority granted to the Teton County Board of Commissioners by the Idaho Constitution, Article XII, Section 2 and Idaho Code Section 31-714 and Section 31-807 giving counties authority to make and enforce ordinances for the protection of safety, health, and property within its limits in accordance with Idaho statute. The Teton County Board of Commissioners is granted authority to regulate waterways pursuant to The Idaho Safe Boating Act, Idaho Code Title 67, Chapter 70 and Idaho Administrative Code, IDAPA 26.01.30. Idaho Code Section 67-7031 grants authority to political subdivisions to adopt ordinances with reference to the operation of vessels on any waterways within its territorial limits. Idaho Code Section 67-7012 grants authority to appoint a waterways recreation advisory committee to serve at the pleasure of the Board of Commissioners. Idaho Code Section 67-7003 provides definitions for the Idaho Safe Boating Act. Idaho Code Section 18-6409 prohibits disturbing the peace. The Idaho Marine Sewage Disposal Act, Idaho Code Title 67, Chapter 75 prohibits discharge of sewage or other wastes into the waters with the state. 14-1-4: DEFINITIONS: Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. COMMERCIAL OPERATORS: Any individual, firm, partnership, corporation or other organization/entity or any combination thereof who provides recreation equipment to river users for primary use on the waterways of Teton County for a fee, as defined herein, or any individual, firm, partnership, corporation or other organization or any combination thereof who shuttles river users to and from the waterways of Teton County, as defined herein. Commercial Operators do not provide guided services on the river, and are distinct from Outfitters, as defined below. Commercial Operators are not regulated by the Idaho Outfitters and Guides Licensing Board. DAY: From one hour before sunrise to one hour after sunset. GUIDE: Any person who is employed by a licensed outfitter, as defined herein, to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed, as defined by Idaho Code Section 36-2102. ordinance. TETON WATERWAYS RECREATION ADVISORY COMMITTEE: The Teton Waterways Recreation Advisory Committee, as appointed by the Teton County Board of Commissioners, will serve in an advisory capacity to the Teton County Board of County Commissioners, providing public perspective on recreation management policy implementation. The committee should include members representing a variety of river recreation stakeholders and appropriate government agencies, such as non -guided commercial river operations, guided fishing outfitters, recreational floaters, anglers, conservation advocates, river -related non-profit organizations, owners of river -adjacent properties, Teton County government and the Idaho Department of Fish and Game. The committee shall be formed, and may be disbanded, solely at the discretion of the Teton County Board of County Commissioners. 14-1-5: OPERATIONAL RULES, REGULATIONS AND BEHAVIORAL STANDARDS FOR ALL PUBLIC WATERWAYS IN TETON COUNTY: A. PURPOSE: These rules, regulations and standards are in addition to and supplemental of those of other Teton County ordinances, as amended, the Idaho Safe Boating Act, other applicable State laws and the rules in the Idaho Administrative Code. B. APPLICABILITY: These operational rules, regulations and standards apply to any user of waterways in Teton County including those designated as sensitive areas, except for law enforcement officials acting in their official capacity during an enforcement or emergency action: 1. BASIC OPERATIONAL STANDARD: It shall be unlawful for any person to operate or utilize any type of vessel or watercraft on Teton County waterways in such a manner as to endanger the health, safety, or welfare of any other individual. This prohibition against waterway use that endangers another does not preclude waterway users, including those operating a watercraft or vessel, from encountering the inherent risks of river recreation. It is recognized that such inherent risks cannot be eliminated, altered, or controlled. 2. OPERATION OF A VESSEL OF CERTAIN HORSEPOWER: a. It shall be unlawful to operate, or to allow someone to operate, a motor driven vessel at greater than ten (10) horsepower. b. It shall be unlawful to operate, or to allow someone to operate, a motor driven vessel if the operator is a person under the age of twelve (12) years, unless the operator is under direct adult supervision. a. It shall be illegal to use a vessel or watercraft to camp or live on or within Teton County waterways. 4. UNATTENDED VESSEL OR WATERCRAFT: It shall be illegal to leave a vessel or watercraft unattended for more than three (3) continuous hours on any Teton County waterway unless moored to a structure permitted by federal, state or local permitting authorities. Sites. b. As of May 1, 2024, mandatory parking passes will be required for all vehicles parking at river -adjacent parking lots managed by Teton County or the Idaho Fish and Game Department. c. Vehicles not displaying a parking pass after May 1, 2024 are subject to an infraction in accordance with Section 14-1-10 herein. 3. LAWFUL PARKING: a. Parking numbers will be managed with designated parking spots and limited parking availability. Parking will be limited to designated parking spots available at river access points. Vehicles shall not park on, beside, or along the county road within 1/2 mile of the following access sites: 1. Bates Bridge/Buxton River Park ii. Rainey Bridge iii. Cache Bridge (W 4000 N) iv. Teton Creek (South Bates Rd) v. Old Rightaway Rd vi. Fox Creek East vii. Fox Creek West b. If vehicles are not parked in a designated parking spot, the owner of the vehicle may be subject to an infraction, in accordance with Section 14-1-10 herein. 4. PROTECTIONS FOR SENSITIVE AREAS: a. Areas of particularly sensitive resources on the waterways may be identified through signage, education, and any other means deemed appropriate by Teton County personnel as may be designated by the Board of County Commissioners to sustain the health of the Teton River ecosystem. b. Idaho Fish & Game, in accordance with Idaho Code 36-105(2), and IDAPA 13.01.03. 100.0 11, has designated the waterways governed by this Ordinance (outside of the developed parking areas) as "sensitive areas," especially during spring and early summer when birds are nesting, deer and moose are fawning and calving, and vegetation is becoming established. As such, specific protections designed to protect wildlife and the sensitive ecosystem are necessary for public health and welfare. c. Dogs must be leashed or confined to watercraft or vessel at all reasonably feasible times while on the waterways. At any time when dogs are not leashed or confined to a watercraft or vessel, they must remain under strict, effective voice control. During designated waterfowl hunting seasons, hunting dogs are not required to be leashed or confined to a watercraft or vessel, so long as they are under strict and effective voice control at all times. Dogs shall not be permitted to harass wildlife or disturb the peace at any time. vi. Commercial operators who shuttle waterway users to and from the waterway shall collect a per customer fee, in an amount determined by the County Commissioners, beginning May 1, 2022. Said fees shall be remitted to Teton County on an annual basis, to be applied toward Teton River recreation and resource management initiatives. Records of the number of customers per commercial operator upon which the fee is based shall be maintained by the commercial operator, and provided to Teton County at the time of remittance of the fees. c. Each commercial operator shall provide educational materials or programs for patrons to learn about proper river etiquette, safety on the river, wildlife, the pristine nature of the river, and sensitive habitat. d. The Teton County Board of County Commissioners may enact and enforce reasonable conditions upon commercial operators associated with the administration of commercial operator permits. e. Any substantial or repeated violation of this ordinance or the terms of the permit by a commercial operator shall presumptively establish grounds for revocation of the commercial operator's permit. Records of permit infractions and/or ordinance violations may be maintained by a county designated department or employee for further enforcement of this ordinance. f. A commercial operator may not transfer their permit to a qualified entity or individual, except upon express, written approval of the Teton County Commissioners, which approval shall not be unreasonably withheld. However, in no case shall one entity or individual, (or any entity substantially controlled by such individual or entity), hold more than one (1) commercial operator permit. g. A commercial operator who utilizes less than thirty (30) days of its authorized use during the period from May 15 to October I each year, for a period of two (2) consecutive years, shall forfeit its permit. h. A commercial operator's permit shall be valid for a period of three (3) calendar years. At the expiration of the permit period, any entity, organization, or individual may apply for the permit. An existing commercial permit holder shall have a right of preference for renewal of such permit. The right of preference requires renewal of an existing permit unless the permittee (the existing commercial operator), has substantially or repeatedly violated this ordinance or any other laws, rules, or regulations during its operations. If the Board of County Commissioners, in its sole discretion, determines that such repeated or substantial violations have occurred, any preference for renewal is forfeit in addition to any fees or penalties that may be imposed herein, and the existing permit holder shall be required to apply for the permit along with any other interested party. The pen -nit shall be awarded to the applicant deemed most qualified by the Board of County Commissioners, in its sole discretion. 14-1-7: APPOINTMENT OF TETON WATERWAYS RECREATION 14-1-11: SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent provision and such holding shall not affect the validity of the remaining portions thereof.