5-3-5: PROHIBITED ACTS ON BOISE RIVER:

This section is intended to address certain acts on or about the Boise River. Through regulation of those acts, this section seeks to preserve the natural habitat of the Boise River and ensure the protection of life and property. The provisions of this section shall apply to all public property surrounding the river for a distance of seventy feet (70') horizontally landward from the ordinary high water mark into and including the river itself. In the above delimited area it shall be unlawful to:

   A.   Damage, cut, carve, transplant or remove, without a permit from the Supervisor of Urban Forestry, any tree, shrub or plant, or to strip any bark, pick any flowers or collect any seeds from any such tree, shrub or plant. Nor shall any person:

      1.   Use any bungee, rope, wire or other such similar object attached to any tree or plant, except as may be authorized by the Parks and Recreation Commission by duly promulgated rule or regulation.

      2.   Dig or disturb any natural habitat area or in any other way disturb, impair or injure the natural habitat of the area.

   B.   Hunt, molest, harm, frighten, kill, trap, chase, tease, annoy, shoot or throw objects at any animal, reptile or bird within the habitat area. The Parks Department staff, representatives of the State Fish and Game or Ada County Animal Control, may, in the performance of their duties, with the concurrence and approval of the Park System Director, do such acts necessary to protect life or property or improve the wildlife habitat. Nor shall any person collect any nests or eggs from any wild bird or reptile. Nothing in this subsection shall be construed to prohibit lawful fishing activities on or in the Boise River.

   C.   Operate or park any motor vehicles. This subsection specifically excludes watercraft, emergency vehicles, motorized wheelchairs or other similar vehicles used by the physically or mentally challenged or those vehicles authorized by the Department of Parks and Recreation.

   D.   Fire or discharge any firearms of any description, or any air rifles, spring guns, bow and arrows, slings or any other form of weapon potentially inimical to wildlife and dangerous to human safety, except for duly authorized animal control officers and law enforcement personnel certified by the State Department of Police Officer Standards and Training in the course and scope of their employment as law enforcement officials. Nor shall any person use any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device.

   E.   Possess, transport or carry any air rifles, spring guns, bows and arrows, slings or any other form of nonfirearm weapon potentially inimical to wildlife and dangerous to human safety.

   F.   Have in one's possession, any fireworks defined by section 5-12-61 of this title.

   G.   Set up any tents, shacks or other temporary shelter for the purpose of camping, as defined in section 7-3A-2 of this Code. No person shall be permitted to camp or otherwise remain in the proscribed area overnight.

   H.   Use, carry or be in the possession of any beverage container made of glass.

   I.   Deposit or discard any trash, rubbish or refuse, as defined by this Code, except in Parks Department refuse containers.

   J.   Use or ride in or upon the Boise River within the City:

      1.   An object commonly referred to as a "boogie board", "body board" or "river board", which, for the purposes of this section, shall be defined to mean any object regardless of the type of material from which it is constructed which creates a surf type wave upon or within the water surface or is used to ride upon or against the current and which is secured by, tied to, held or belayed from any rope, line, cord, bungee, or the like attached at any time to any object or fixture within, adjacent to, or spanning any portion of the Boise River, except as may be authorized by the Parks and Recreation Commission by rule or regulation with notice of such posted by City in the location where the activity is permitted.

      2.   Any motorized watercraft, except by personnel authorized by the Fire Chief or designated representative for the purpose of safety and rescue, or the park system staff, State Fish and Game personnel or Ada County Animal Control staff in the performance of their duties and with the concurrence and approval of the Park System Director. For the purpose of this section, "motorized watercraft" shall include, but shall not be limited to, craft propelled by jet propulsion, electric motor propeller and gasoline powered motor and propeller.

   K.   It shall be unlawful for any person to jump from, or throw or drop any object, including a person, from any bridge, tree or other landscape features into the Boise River within fifty feet (50') of any boater, floater, rafter or tuber. (1952 Code § 6-17-06)