CHAPTER 15. FERRIES . LICENSING BY COUNTIES

IC 8-2-15
    Chapter 15. Ferries . Licensing by Counties

IC 8-2-15-1
License; application; duration
    Sec. 1. No person, company or corporation shall be permitted tokeep, have or maintain any public ferry across any stream runningthrough or bounding on any county in this state, to and from anypoints without the limits of this state, without first having obtaineda license from the board of commissioners of the proper county forthat purpose. Such license shall continue in force for five (5) years,and application therefor must be in writing.
(Formerly: Acts 1881(ss), c.52, s.1; Acts 1911, c.126, s.1.)

IC 8-2-15-2
License; publication of intention to establish
    Sec. 2. The board shall not grant a license to the applicant unlesshe shall produce satisfactory evidence to the court that he has set upin the township where the ferry is proposed to be kept andmaintained written or printed notices in three (3) public places of hisintention to apply to such board for a license to keep a ferry:Provided, There be a newspaper of general circulation published inthe township where such ferry is to be kept, such notice may be givenby publishing same in such newspaper not less than ten (10) daysbefore the meeting of said board of commissioners.
(Formerly: Acts 1881(ss), c.52, s.2; Acts 1911, c.126, s.2.)

IC 8-2-15-3
License; fee; operating interstate ferry
    Sec. 3. The board, upon being satisfied that the notice herebyrequired has been given and that a ferry is needed at such place andthat the applicant is a suitable person, may grant to the applicant alicense to keep and maintain the same for the term of five (5) years,on his paying to the county treasurer of the proper county as a licensefee a sum to be fixed by the board, not less than two dollars ($2.00),nor more than fifty dollars ($50.00) per year, and said license feemay be paid in full for the five (5) years in advance or yearly inadvance as said board may direct and order.
(Formerly: Acts 1881(ss), c.52, s.3; Acts 1911, c.126, s.3.)

IC 8-2-15-4
Recognizance; licensee
    Sec. 4. Before such license shall be granted, the applicant shallproduce the county treasurer's receipt for the sum so fixed, and shallalso enter into a recognizance to the state of Indiana, in a penal sumto be fixed by such board, not less than one hundred dollars ($100)nor more than five hundred dollars ($500), with at least one (1)sufficient freehold surety, conditioned faithfully to keep andmaintain such ferry with good and sufficient boats for the safeconveyance of persons and property, a sufficient number of hands to

work and manage such boats, together with sufficient implementsand appliances for such ferry, during the several hours in each day,and at such rates of ferriage as the board granting the license shallfrom time to time order and direct, which recognizance shall be kepton file with the county auditor.
(Formerly: Acts 1881(ss), c.52, s.4.)

IC 8-2-15-5
Mutual rights; landowners on both sides of stream
    Sec. 5. The person owning or possessing lands on both sides ofany stream where a ferry is proposed to be established shall have theexclusive right of a license for a ferry at such place; and when theopposite banks are owned by different persons, the right to the ferryshall be mutual; but if the owner does not apply, the board shall granta license to any person applying for the same; except where either ofthe landings is not on a public highway, the consent of the owner ofthe ground shall first be had in writing.
(Formerly: Acts 1881(ss), c.52, s.5.)

IC 8-2-15-6
Temporary permit to operate during high water
    Sec. 6. Nothing herein contained shall be so construed as toprevent any person from ferrying passengers across a small streamin high water; and the board may authorize the auditor to give anyperson a permit for such purpose, when, in its opinion, the stream istoo small to justify the expense of a license; any when any personapplies for a renewal of his license at the same place where he keptand maintained a ferry during the preceding year, upon payment ofthe license fee and filing of a new recognizance, executed andconditioned as above provided, the license may be granted orrenewed without notice or formal application in writing.
(Formerly: Acts 1881(ss), c.52, s.6.)

IC 8-2-15-7
License; recordation fee
    Sec. 7. The auditor shall record each license; and for the issuingof a license, he shall receive from the applicant a fee of fifty cents(50 cents).
(Formerly: Acts 1881(ss), c.52, s.7.)

IC 8-2-15-8
Number of boats; hours for operation
    Sec. 8. Each licensed ferry-keeper shall constantly keep asufficient number of boats, if more than one (1) be required by theboard of commissioners, and give due attendance to thetransportation of all persons, with their property, who shall apply forthe same, between daylight in the morning and dark in the evening,and at any hour of the night, if required, except in cases of evidentdanger, to all other persons requiring the same, on their tenderingdouble the rate of ferriage allowed to be taken in the daytime; and

such board may require such ferry-keepers to keep such ferry opentill midnight.
(Formerly: Acts 1881(ss), c.52, s.8.)

IC 8-2-15-9
Banks of river or creek
    Sec. 9. All persons, companies, or corporations keeping, having,or maintaining any public ferries across any stream to and from anypoint in Indiana shall cause the banks of the river or creek to be dugsufficiently low and kept in good passable order for the passage ofpersons, horses, and wagons and other vehicles.
(Formerly: Acts 1881(ss), c.52, s.9.) As amended by P.L.4-2006,SEC.1.

IC 8-2-15-10
Rates and charges; appeal
    Sec. 10. The rates of ferriage shall be fixed by the board of countycommissioners at the time of licensing the ferry, and from time totime thereafter, as they shall think proper; and it shall be the duty ofthe auditor to furnish every applicant, on taking out a license to keepa ferry, with a list of the rates of ferriage, which list the ferry-keepershall put up either at the door of his ferryhouse, or on his boats, or onsome conspicuous place convenient to the ferry: Provided, That ifany person be aggrieved by the establishing of such rates, he shallhave the right to appeal to the circuit court of the proper county uponfiling a bond within thirty (30) days (of) the fixing of the same bysuch board, payable to the state of Indiana, with security to beapproved by the county auditor, and conditioned for the dueprosecution of such appeal and the payment of all costs if judgmentbe rendered against such appellant, and the county auditor shallcause such bond, with a certified copy of the proceedings of saidboard and all of the original papers of the same, to be filed in theoffice of the clerk of the circuit court within twenty (20) daysthereafter, and such cause shall be docketed for the ensuing term, andfurther proceedings had and judgment rendered therein as in othercases of appeal. And upon such appeal, the circuit court shall havethe power to review such rates of ferriage and fix the same as may bejust and proper.
(Formerly: Acts 1881(ss), c.52, s.10; Acts 1897, c.73, s.1.)

IC 8-2-15-11
Discontinuance
    Sec. 11. If any ferry shall not be furnished with the necessaryboats and ferrymen within six (6) months after the establishmentthereof, or if the proprietor shall willfully neglect to attend to thesame, or shall fail to comply with any of the requirements of theproper board of commissioners, such board, on complaint to them,shall cause the proprietor of such ferry to be summoned to showcause, at the next meeting of the board, why such ferry shall not bediscontinued; and such board shall vacate such ferry or dismiss such

complaint, according to the testimony adduced, and may award costsagainst the complainant, if such complaint is dismissed, or againstthe proprietor, if the ferry be vacated.
(Formerly: Acts 1881(ss), c.52, s.11.)

IC 8-2-15-12
Landings; obstruction
    Sec. 12. It shall not be lawful to obstruct, by steamboats,keelboats, flatboats, or otherwise, the landings of ferries establishedunder this chapter, but such ferries shall be entitled to the exclusiveuse of the whole width of the routes leading thereto for allappropriate purposes.
(Formerly: Acts 1881(ss), c.52, s.12.) As amended by P.L.59-1984,SEC.112.

IC 8-2-15-13
Operation without license or authorization
    Sec. 13. (a) A person who keeps, maintains, works, or runs a ferrywithout being licensed or authorized according to this chaptercommits a Class C infraction.
    (b) Each day of violation of subsection (a) of this sectionconstitutes a separate offense.
(Formerly: Acts 1881(ss), c.52, s.13.) As amended by Acts 1978,P.L.2, SEC.815.

IC 8-2-15-14
Violation of conditions of license
    Sec. 14. A person licensed under this chapter who does any act inviolation of the conditions of his license commits a Class Cinfraction.
(Formerly: Acts 1881(ss), c.52, s.14.) As amended by Acts 1978,P.L.2, SEC.816.