CHAPTER 17. FERRIES.LICENSING BY CITIES
IC 8-2-17
Chapter 17. Ferries.Licensing by Cities
IC 8-2-17-1
Application; duration
Sec. 1. No person, company, or corporation shall be permitted to
keep, have or maintain any public ferry across any lake, river, or
stream running through or bounding any city or town in this state,
from the city or town to any points without the limits of this state,
without first having obtained a license from the legislative body of
the proper city or town for that purpose. The license shall continue
in force for five (5) years and application therefor must be in writing.
(Formerly: Acts 1921, c.137, s.1; Acts 1959, c.235, s.1.) As amended
by P.L.8-1989, SEC.42.
IC 8-2-17-2
Notice of intent to establish; publication
Sec. 2. The legislative body shall not grant a license to the
applicant until satisfactory evidence is produced showing that the
application has been on file in the office of the city or town clerk for
not less than fourteen (14) days and that notice of the filing of the
application has been posted for at least two (2) weeks at the door of
the city hall of any city or at some public place in any town and
published once each week for two (2) consecutive weeks in a
newspaper of general circulation in the city or town. Where there is
no newspaper, notice by posting is sufficient notice.
(Formerly: Acts 1921, c.137, s.2; Acts 1959, c.235, s.2.) As amended
by P.L.8-1989, SEC.43.
IC 8-2-17-3
Fee
Sec. 3. The legislative body upon being satisfied that the notice
required under section 2 of this chapter has been given, and that a
ferry is needed at the place, and that the applicant is a suitable
person, may grant to the applicant a license to keep and maintain the
same for the term of five (5) years on the applicant's paying as a
license fee a sum to be fixed by the legislative body, not less than ten
dollars ($10) nor more than fifty dollars ($50) per year, payable
annually in advance. The payment of such license fee shall not
release such person from payment of any lawful charge for wharfage.
(Formerly: Acts 1921, c.137, s.3; Acts 1959, c.235, s.3.) As amended
by Acts 1981, P.L.11, SEC.47; P.L.8-1989, SEC.44.
IC 8-2-17-4
Recognizance by licensee
Sec. 4. Before the license is granted, the applicant shall enter into
a recognizance to the city or town, in a penal sum to be fixed by the
legislative body, not less than five hundred dollars ($500) nor more
than two thousand dollars ($2,000), with sufficient surety,
conditioned faithfully to keep, maintain, and operate the ferry with
good and sufficient boats and landing places for the safe conveyance
of persons and property, a sufficient number of hands to work and
manage the boats, together with sufficient implements and appliances
for the ferry, in compliance with the rules for operation, on the
schedule fixed by the legislative body and at rates of ferriage that the
legislative body shall from time to time fix. The bond shall be kept
on file with the city or town clerk.
(Formerly: Acts 1921, c.137, s.4; Acts 1959, c.235, s.4.) As amended
by P.L.8-1989, SEC.45.
IC 8-2-17-5
Rates and schedules; appeals
Sec. 5. The rates of ferriage, reasonable rules for operation, and
the schedule upon which the ferry shall be operated shall be fixed by
the legislative body at the time of licensing the ferry, and from time
to time thereafter as the body shall think proper. A list of rates, rules,
and schedules shall be posted at one (1) or more conspicuous places
on each ferryboat and at the place of landing. If the ferrykeeper, or
any user of the ferry, is aggrieved by the establishing of the rates,
rules, or schedules, the ferrykeeper or user shall have the right to
appeal to the circuit court of the proper county upon filing a bond,
within thirty (30) days after the fixing of the rates, payable to the
state, with security to be approved by the court, and conditioned for
the due prosecution of the appeal, and the payment of all costs if
judgment is rendered against the appellant. Upon appeal, the circuit
court shall have the power to review the rates of ferriage, rules, or
schedules and fix the rates, rules, or schedules as may be just and
proper.
(Formerly: Acts 1921, c.137, s.5; Acts 1959, c.235, s.5.) As amended
by P.L.8-1989, SEC.46.
IC 8-2-17-6
Vacation of ferry; appeals
Sec. 6. If any ferry is not faithfully maintained and operated
according to the terms of the recognizance provided for in section 4
of this chapter, the legislative body on complaint to them shall cause
the proprietor of the ferry to be summoned before the legislative
body to show cause why the ferry shall not be discontinued. The
legislative body shall vacate the ferry or dismiss the complaint,
according to the testimony, and may award costs against the
complainant if such complaint is dismissed, or against the proprietor
if the ferry be vacated. The vacation of the ferry shall not prevent the
city or town, or any interested person, from recovering damages for
any breach of the bond provided for in section 4 of this chapter. The
ferrykeeper or any user of the ferry shall have the right to appeal
from the decision of the legislative body to the circuit court of the
proper county upon filing therein a bond, within thirty (30) days
thereafter, payable to the state, with security to be approved by the
court, and conditioned for the due prosecution of the appeal, and the
payment of all costs if judgment be rendered against the appellant.
Upon appeal, the circuit court shall have the power to try the
question of whether cause for the discontinuance of the ferry has
been established.
(Formerly: Acts 1921, c.137, s.6; Acts 1959, c.235, s.6.) As amended
by P.L.59-1984, SEC.113; P.L.8-1989, SEC.47.
IC 8-2-17-7
Violation of conditions of license
Sec. 7. A person licensed to keep and maintain a ferry under this
chapter who does any act in violation of the conditions of his license
commits a Class C infraction.
(Formerly: Acts 1921, c.137, s.7; Acts 1959, c.235, s.7.) As amended
by Acts 1978, P.L.2, SEC.817.
IC 8-2-17-8
Operation without license or authorization
Sec. 8. A person who keeps, maintains, or runs a ferry without
being licensed or authorized according to this chapter commits a
Class C infraction.
(Formerly: Acts 1921, c.137, s.8.) As amended by Acts 1978, P.L.2,
SEC.818.