County adopts marine noise ordinance

SANDPOINT — Bonner County commissioners unanimously adopted an ordinance Thursday that is meant to restore peace and quiet to increasingly popular waterways.

The proposed ordinance amendment prohibits a boater from operating an amplified sound system at a volume where it could be heard from 200 feet away. It would have also prohibited yelling, shouting, hooting or whistling that can be heard from 200 feet away.

The local code change was both enthusiastically supported and derided in nearly equal measure during a two-hour public hearing in which nearly 40 people offered up their remarks.

The proposal was embraced by landowners at Priest Lake who have been clamoring for marine sound regulation due to the proliferation of powerful directional loudspeakers they say can be heard from miles away at all hours of the day and night. They said disruptive noise shatters the tranquility of the lake, awakens them in small morning hours and drives them indoors.

Priest Lake landowner Warren Byxbee said some boaters are unable or unwilling to be considerate of other people on and around the water.

“We didn’t go up there to be in the front row of a rock concert,” said Byxbee, who supported the code amendment.

Other supporters of the proposal expressed frustration with marine deputies’ inability to cite boaters who are blasting music under Idaho’s disturbing the peace statute. The marine patrol’s supervisor, Lt. Ed Jochum, said that charge is not among the list of enumerated offenses marine deputies are specifically tasked with enforcing.

Supporters of the code change saw it as a device to enforce compliance, particularly with scofflaws who come to Bonner County and treat it like a hotel room.

“It’s a tool to address an obvious problem,” said Al VanVooven

But the code change encountered chop with other waterfront landowners and waterways users who saw it as a needless overreach. While some opponents were receptive to the idea of addressing loud amplified music, the prohibition against yelling and shouting was repeatedly panned as “ridiculous.” “I enjoy being on the river with my kids hooting and hollering,” said Willow Horine.

Others raised doubts that the ordinance could be effectively enforced or defended in court. They argued it was too subjective, among other things.

“I don’t think the county has the resources to respond to every single call,” said Paul McHugh, a Pend Oreille River landowner.

The problem of noise appears to be less of a problem on the Pend Oreille than on Priest. Pend Oreille boater Bill Allen said he went to Priest to see for himself if there was indeed a noise pollution problem and found that there was.

“I was absolutely surprised,” Allen said, but added that he too questioned the whether the new ordinance could be enforced.

Sagle waterfront landowner Lou Goodness said the ordinance would not survive a void-for-vagueness court challenge and it failed to account for the role wind plays in directing audible sounds over expanses of water. He pointed to the noise of rail traffic on the lake as an example.

“Sometimes it sounds like a train is driving through your living room and other times you don’t even hear the train,” said Goodness.

Commissioner Dan McDonald said the intent of the ordinance was not meant to penalize a child for squealing with delight upon catching a fish or throw a wet blanket on people trying to enjoy Bonner County waterways.

“The intent of this ordinance is not to go out and pick a fight. We’re looking for the serial abusers,” McDonald said, referring to would-be scofflaws of a noise regulation.

Commission Chairman Glen Bailey agreed.

“We would encourage emphasis on enforcement on a selective basis,” he said.

All three commissioners agreed to jettison code language involving yelling and shouting and included an exemption for government agencies conducting official business on local waterways.

Commissioner Jeff Connolly said the yelling and shouting prohibition went too far, but felt the amplified sound portion of the ordinance wasn’t too onerous.

“I do also want people to come here and enjoy themselves,” said Connolly.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.