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 tokeep, have or maintain any public ferry across any lake, river, orstream 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 ofthe proper city or town for that purpose. The license shall continuein 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 amendedby 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 theapplicant until satisfactory evidence is produced showing that theapplication has been on file in the office of the city or town clerk fornot less than fourteen (14) days and that notice of the filing of theapplication has been posted for at least two (2) weeks at the door ofthe city hall of any city or at some public place in any town andpublished once each week for two (2) consecutive weeks in anewspaper of general circulation in the city or town. Where there isno newspaper, notice by posting is sufficient notice.
(Formerly: Acts 1921, c.137, s.2; Acts 1959, c.235, s.2.) As amendedby P.L.8-1989, SEC.43.

IC 8-2-17-3
Fee
    Sec. 3. The legislative body upon being satisfied that the noticerequired under section 2 of this chapter has been given, and that aferry is needed at the place, and that the applicant is a suitableperson, may grant to the applicant a license to keep and maintain thesame for the term of five (5) years on the applicant's paying as alicense fee a sum to be fixed by the legislative body, not less than tendollars ($10) nor more than fifty dollars ($50) per year, payableannually in advance. The payment of such license fee shall notrelease such person from payment of any lawful charge for wharfage.
(Formerly: Acts 1921, c.137, s.3; Acts 1959, c.235, s.3.) As amendedby 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 intoa recognizance to the city or town, in a penal sum to be fixed by thelegislative body, not less than five hundred dollars ($500) nor morethan 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 conveyanceof persons and property, a sufficient number of hands to work andmanage the boats, together with sufficient implements and appliancesfor the ferry, in compliance with the rules for operation, on theschedule fixed by the legislative body and at rates of ferriage that thelegislative body shall from time to time fix. The bond shall be kepton file with the city or town clerk.
(Formerly: Acts 1921, c.137, s.4; Acts 1959, c.235, s.4.) As amendedby 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, andthe schedule upon which the ferry shall be operated shall be fixed bythe legislative body at the time of licensing the ferry, and from timeto time thereafter as the body shall think proper. A list of rates, rules,and schedules shall be posted at one (1) or more conspicuous placeson each ferryboat and at the place of landing. If the ferrykeeper, orany user of the ferry, is aggrieved by the establishing of the rates,rules, or schedules, the ferrykeeper or user shall have the right toappeal to the circuit court of the proper county upon filing a bond,within thirty (30) days after the fixing of the rates, payable to thestate, with security to be approved by the court, and conditioned forthe due prosecution of the appeal, and the payment of all costs ifjudgment is rendered against the appellant. Upon appeal, the circuitcourt shall have the power to review the rates of ferriage, rules, orschedules and fix the rates, rules, or schedules as may be just andproper.
(Formerly: Acts 1921, c.137, s.5; Acts 1959, c.235, s.5.) As amendedby 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 operatedaccording to the terms of the recognizance provided for in section 4of this chapter, the legislative body on complaint to them shall causethe proprietor of the ferry to be summoned before the legislativebody to show cause why the ferry shall not be discontinued. Thelegislative body shall vacate the ferry or dismiss the complaint,according to the testimony, and may award costs against thecomplainant if such complaint is dismissed, or against the proprietorif the ferry be vacated. The vacation of the ferry shall not prevent thecity or town, or any interested person, from recovering damages forany breach of the bond provided for in section 4 of this chapter. Theferrykeeper or any user of the ferry shall have the right to appealfrom the decision of the legislative body to the circuit court of theproper county upon filing therein a bond, within thirty (30) daysthereafter, payable to the state, with security to be approved by thecourt, and conditioned for the due prosecution of the appeal, and thepayment of all costs if judgment be rendered against the appellant.

Upon appeal, the circuit court shall have the power to try thequestion of whether cause for the discontinuance of the ferry hasbeen established.
(Formerly: Acts 1921, c.137, s.6; Acts 1959, c.235, s.6.) As amendedby 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 thischapter who does any act in violation of the conditions of his licensecommits a Class C infraction.
(Formerly: Acts 1921, c.137, s.7; Acts 1959, c.235, s.7.) As amendedby 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 withoutbeing licensed or authorized according to this chapter commits aClass C infraction.
(Formerly: Acts 1921, c.137, s.8.) As amended by Acts 1978, P.L.2,SEC.818.