Excessive wakes scrutinized — again

It’s been almost a year since the Kootenai County Board of Commissioners enacted the 150-foot excessive wake limitation on county waterways.

Two commissioners, Chris Fillios and Bill Brooks, are already considering eliminating it.

In an update with the Kootenai County Department of Parks and Waterways on Thursday, commissioners reflected on the ordinance’s effectiveness and viability.

“I want to eliminate the 150-foot rule," said Chairman Fillios. "I’m not going to wait for the accident, and I’m certainly not going to wait for the death. What we did, and didn’t realize that we did, is create a 150-foot threshold where it is OK if you excessively wake beyond that point.”

The ordinance placed a 150-foot limitation — originally 100 feet — on excessive wake areas on the Spokane River, Lower Twin Lake and Fernan Lake, and other county waterways which have seen dramatic traffic increases due to population growth and out-of-state recreational users.

In response to the uptick in traffic, the commissioners approved a partnership with the Kootenai County Sheriff’s Office and Post Falls Police Department. KSCO Sgt. Will Klinkefus said the marine division logged about 900 hours of patrol through the joint effort, 300 contributed by PFPD deputies.

“It was a benefit, I believe, to the program to get those extra hours on the water,” he said. “It was more visibility for us, more patrol boats on the water. So there was a lot of positive that came out of it.”

Of the 24 citations issued, though, none were for the new excessive ordinance, Klinkefus said. Only two were for the previous 100-foot guidance, which is still in effect.

He estimated that there were between 10 and 15 stops for possible violations for breaking the excessive wake order, but there were no records to prove those statistics.

Part of the reason for no excessive wake citations is that the marine division practiced education over enforcement, Klinkefus said. Another is that when the patrol is around, boaters are more likely to follow the rules.

“When law enforcement is present, folks tend to pay attention to their wakes, pay attention to distances, and tend to adhere to the rules and regulations,” Klinkefus said. “When we’re not around, we get reports that people are not doing what they’re supposed to, but that’s with every law.”

Realistically, Klinkefus said, the issue isn’t going to go away.

“The size of the boats is increasing. They’re larger, drafting deeper. There are a lot of instances of wakes being created that I believe some citizens would consider excessive, but per ordinance and definition, they’re not,” he said. “Additionally, the traffic has gone through the roof, exponentially over the last 10 years, and that all adds a problem.”

On Dec. 10, the Kootenai County parks and waterways advisory board discussed the ordinance, originally ending in a 2-2 vote before deciding to take it to the commissioners for a decision.

Another point of contention for the commissioners and meeting attendees was towing on the river.

“It would solve some problems, of course, but you’re also going to restrict the public if you do that,” Klinkefus said.

To Commissioner Leslie Duncan, it would make more sense to increase the number of deputies with KCSO’s Marine Division over restricting activity on the water — which is technically owned by the public.

“For me, patrolling is the only answer,” Duncan said. “It doesn’t matter if it is one law or 75 laws. If deputies aren’t there, people will do whatever they want to do.”

The commissioners agreed to mull the county’s options moving forward with the 150-foot rule over the next few weeks. Much like the last ordinance, if the commissioners decide to move ahead with amending the code, it would require a public hearing.