County: New rule does not ban wake-surfing

Commissioners gave Kootenai County Sheriff Bob Norris the clarification he needed Tuesday — that the newest waterways ordinance does not ban wake surfing on the Spokane River. 

Resolution 2021-63, signed into code by the board in a 2-1 vote, revised the previous county definition of an excessive wake and banned vessels from generating one on the Spokane River. 

Following approval of the updated language last week, Norris told The Press that KCSO needed further clarification on the commissioners' "intent" for the rule before developing an enforcement plan. 

"I would like to know if it was your intent to ban wake surfing on the river," Norris asked the commissioner. "(Knowing) that gives us a lot of the ability to assess and cite when necessary going forward." 

The resolution does not explicitly make wake surfing unlawful, but Norris said specific provisions would restrict the activity and similar pastimes like boarding and tubing. 

"Some experts in the field are telling me that these wake surfing boats at 5, 6 or 8 miles per hour (are) plowing, and that is a violation of the ordinance," Norris said. "So I just want to know if your intent was to ban wake surfing or allow us to use some discretion."

Commissioners Chris Fillios and Bill Brooks, the two supporting votes, said discretion is good.

"You're professionals. You know how to do your job, sheriff," Fillios said. "And I think most people acknowledge that. You're reasonable, you've been reasonable, and I expect you'll continue to be reasonable."

Brooks said he trusts the sheriff to make good judgment calls when enforcing the excessive wake ordinance, similar to when deputies cite individuals for reckless or inattentive driving. 

"There is not a checklist in the patrol car. (KCSO officers) know it when they see it, and when they see it, they pull somebody over," Brooks said. "I expect them to use the same kind of judgment on the river."

Noting concerns expressed by the public in several hearings, calls and emails, Brooks refuted claims that the commissioners aimed to ban wake surfing on the river. Brooks added that while the ordinance isn't likely to be the commissioners' most popular action, he hopes it will keep individuals safe. 

Per state law, the ordinance will go into effect 30 days after being published in The Press. 

"I appreciate the commissioners' confidence, and I have the utmost confidence that we will use common sense in enforcement," Norris said.