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 to
keep, have or maintain any public ferry across any stream running
through or bounding on any county in this state, to and from any
points without the limits of this state, without first having obtained
a license from the board of commissioners of the proper county for
that 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 unless
he shall produce satisfactory evidence to the court that he has set up
in the township where the ferry is proposed to be kept and
maintained written or printed notices in three (3) public places of his
intention to apply to such board for a license to keep a ferry:
Provided, There be a newspaper of general circulation published in
the township where such ferry is to be kept, such notice may be given
by publishing same in such newspaper not less than ten (10) days
before 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 hereby
required has been given and that a ferry is needed at such 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 his paying to the county treasurer of the proper county as a license
fee 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 fee
may be paid in full for the five (5) years in advance or yearly in
advance 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 shall
produce the county treasurer's receipt for the sum so fixed, and shall
also enter into a recognizance to the state of Indiana, in a penal sum
to 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 and
maintain such ferry with good and sufficient boats for the safe
conveyance of persons and property, a sufficient number of hands to
work and manage such boats, together with sufficient implements
and appliances for such ferry, during the several hours in each day,
and at such rates of ferriage as the board granting the license shall
from time to time order and direct, which recognizance shall be kept
on 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 of
any stream where a ferry is proposed to be established shall have the
exclusive right of a license for a ferry at such place; and when the
opposite banks are owned by different persons, the right to the ferry
shall be mutual; but if the owner does not apply, the board shall grant
a license to any person applying for the same; except where either of
the landings is not on a public highway, the consent of the owner of
the 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 to
prevent any person from ferrying passengers across a small stream
in high water; and the board may authorize the auditor to give any
person a permit for such purpose, when, in its opinion, the stream is
too small to justify the expense of a license; any when any person
applies for a renewal of his license at the same place where he kept
and maintained a ferry during the preceding year, upon payment of
the license fee and filing of a new recognizance, executed and
conditioned as above provided, the license may be granted or
renewed 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 issuing
of 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 a
sufficient number of boats, if more than one (1) be required by the
board of commissioners, and give due attendance to the
transportation of all persons, with their property, who shall apply for
the same, between daylight in the morning and dark in the evening,
and at any hour of the night, if required, except in cases of evident
danger, to all other persons requiring the same, on their tendering
double the rate of ferriage allowed to be taken in the daytime; and
such board may require such ferry-keepers to keep such ferry open
till 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 any
point in Indiana shall cause the banks of the river or creek to be dug
sufficiently low and kept in good passable order for the passage of
persons, 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 county
commissioners at the time of licensing the ferry, and from time to
time thereafter, as they shall think proper; and it shall be the duty of
the auditor to furnish every applicant, on taking out a license to keep
a ferry, with a list of the rates of ferriage, which list the ferry-keeper
shall put up either at the door of his ferryhouse, or on his boats, or on
some conspicuous place convenient to the ferry: Provided, That if
any person be aggrieved by the establishing of such rates, he shall
have the right to appeal to the circuit court of the proper county upon
filing a bond within thirty (30) days (of) the fixing of the same by
such board, payable to the state of Indiana, with security to be
approved by the county auditor, and conditioned for the due
prosecution of such appeal and the payment of all costs if judgment
be rendered against such appellant, and the county auditor shall
cause such bond, with a certified copy of the proceedings of said
board and all of the original papers of the same, to be filed in the
office of the clerk of the circuit court within twenty (20) days
thereafter, and such cause shall be docketed for the ensuing term, and
further proceedings had and judgment rendered therein as in other
cases of appeal. And upon such appeal, the circuit court shall have
the power to review such rates of ferriage and fix the same as may be
just 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 necessary
boats and ferrymen within six (6) months after the establishment
thereof, or if the proprietor shall willfully neglect to attend to the
same, or shall fail to comply with any of the requirements of the
proper board of commissioners, such board, on complaint to them,
shall cause the proprietor of such ferry to be summoned to show
cause, at the next meeting of the board, why such ferry shall not be
discontinued; and such board shall vacate such ferry or dismiss such
complaint, according to the testimony adduced, and may award costs
against the complainant, if such complaint is dismissed, or against
the 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 established
under this chapter, but such ferries shall be entitled to the exclusive
use of the whole width of the routes leading thereto for all
appropriate 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 ferry
without being licensed or authorized according to this chapter
commits a Class C infraction.
(b) Each day of violation of subsection (a) of this section
constitutes 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 in
violation of the conditions of his license commits a Class C
infraction. (Formerly: Acts 1881(ss), c.52, s.14.) As amended by Acts 1978,
P.L.2, SEC.816.
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 to
keep, have or maintain any public ferry across any stream running
through or bounding on any county in this state, to and from any
points without the limits of this state, without first having obtained
a license from the board of commissioners of the proper county for
that 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 unless
he shall produce satisfactory evidence to the court that he has set up
in the township where the ferry is proposed to be kept and
maintained written or printed notices in three (3) public places of his
intention to apply to such board for a license to keep a ferry:
Provided, There be a newspaper of general circulation published in
the township where such ferry is to be kept, such notice may be given
by publishing same in such newspaper not less than ten (10) days
before 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 hereby
required has been given and that a ferry is needed at such 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 his paying to the county treasurer of the proper county as a license
fee 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 fee
may be paid in full for the five (5) years in advance or yearly in
advance 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 shall
produce the county treasurer's receipt for the sum so fixed, and shall
also enter into a recognizance to the state of Indiana, in a penal sum
to 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 and
maintain such ferry with good and sufficient boats for the safe
conveyance of persons and property, a sufficient number of hands to
work and manage such boats, together with sufficient implements
and appliances for such ferry, during the several hours in each day,
and at such rates of ferriage as the board granting the license shall
from time to time order and direct, which recognizance shall be kept
on 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 of
any stream where a ferry is proposed to be established shall have the
exclusive right of a license for a ferry at such place; and when the
opposite banks are owned by different persons, the right to the ferry
shall be mutual; but if the owner does not apply, the board shall grant
a license to any person applying for the same; except where either of
the landings is not on a public highway, the consent of the owner of
the 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 to
prevent any person from ferrying passengers across a small stream
in high water; and the board may authorize the auditor to give any
person a permit for such purpose, when, in its opinion, the stream is
too small to justify the expense of a license; any when any person
applies for a renewal of his license at the same place where he kept
and maintained a ferry during the preceding year, upon payment of
the license fee and filing of a new recognizance, executed and
conditioned as above provided, the license may be granted or
renewed 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 issuing
of 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 a
sufficient number of boats, if more than one (1) be required by the
board of commissioners, and give due attendance to the
transportation of all persons, with their property, who shall apply for
the same, between daylight in the morning and dark in the evening,
and at any hour of the night, if required, except in cases of evident
danger, to all other persons requiring the same, on their tendering
double the rate of ferriage allowed to be taken in the daytime; and
such board may require such ferry-keepers to keep such ferry open
till 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 any
point in Indiana shall cause the banks of the river or creek to be dug
sufficiently low and kept in good passable order for the passage of
persons, 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 county
commissioners at the time of licensing the ferry, and from time to
time thereafter, as they shall think proper; and it shall be the duty of
the auditor to furnish every applicant, on taking out a license to keep
a ferry, with a list of the rates of ferriage, which list the ferry-keeper
shall put up either at the door of his ferryhouse, or on his boats, or on
some conspicuous place convenient to the ferry: Provided, That if
any person be aggrieved by the establishing of such rates, he shall
have the right to appeal to the circuit court of the proper county upon
filing a bond within thirty (30) days (of) the fixing of the same by
such board, payable to the state of Indiana, with security to be
approved by the county auditor, and conditioned for the due
prosecution of such appeal and the payment of all costs if judgment
be rendered against such appellant, and the county auditor shall
cause such bond, with a certified copy of the proceedings of said
board and all of the original papers of the same, to be filed in the
office of the clerk of the circuit court within twenty (20) days
thereafter, and such cause shall be docketed for the ensuing term, and
further proceedings had and judgment rendered therein as in other
cases of appeal. And upon such appeal, the circuit court shall have
the power to review such rates of ferriage and fix the same as may be
just 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 necessary
boats and ferrymen within six (6) months after the establishment
thereof, or if the proprietor shall willfully neglect to attend to the
same, or shall fail to comply with any of the requirements of the
proper board of commissioners, such board, on complaint to them,
shall cause the proprietor of such ferry to be summoned to show
cause, at the next meeting of the board, why such ferry shall not be
discontinued; and such board shall vacate such ferry or dismiss such
complaint, according to the testimony adduced, and may award costs
against the complainant, if such complaint is dismissed, or against
the 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 established
under this chapter, but such ferries shall be entitled to the exclusive
use of the whole width of the routes leading thereto for all
appropriate 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 ferry
without being licensed or authorized according to this chapter
commits a Class C infraction.
(b) Each day of violation of subsection (a) of this section
constitutes 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 in
violation of the conditions of his license commits a Class C
infraction. (Formerly: Acts 1881(ss), c.52, s.14.) As amended by Acts 1978,
P.L.2, SEC.816.
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 to
keep, have or maintain any public ferry across any stream running
through or bounding on any county in this state, to and from any
points without the limits of this state, without first having obtained
a license from the board of commissioners of the proper county for
that 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 unless
he shall produce satisfactory evidence to the court that he has set up
in the township where the ferry is proposed to be kept and
maintained written or printed notices in three (3) public places of his
intention to apply to such board for a license to keep a ferry:
Provided, There be a newspaper of general circulation published in
the township where such ferry is to be kept, such notice may be given
by publishing same in such newspaper not less than ten (10) days
before 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 hereby
required has been given and that a ferry is needed at such 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 his paying to the county treasurer of the proper county as a license
fee 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 fee
may be paid in full for the five (5) years in advance or yearly in
advance 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 shall
produce the county treasurer's receipt for the sum so fixed, and shall
also enter into a recognizance to the state of Indiana, in a penal sum
to 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 and
maintain such ferry with good and sufficient boats for the safe
conveyance of persons and property, a sufficient number of hands to
work and manage such boats, together with sufficient implements
and appliances for such ferry, during the several hours in each day,
and at such rates of ferriage as the board granting the license shall
from time to time order and direct, which recognizance shall be kept
on 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 of
any stream where a ferry is proposed to be established shall have the
exclusive right of a license for a ferry at such place; and when the
opposite banks are owned by different persons, the right to the ferry
shall be mutual; but if the owner does not apply, the board shall grant
a license to any person applying for the same; except where either of
the landings is not on a public highway, the consent of the owner of
the 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 to
prevent any person from ferrying passengers across a small stream
in high water; and the board may authorize the auditor to give any
person a permit for such purpose, when, in its opinion, the stream is
too small to justify the expense of a license; any when any person
applies for a renewal of his license at the same place where he kept
and maintained a ferry during the preceding year, upon payment of
the license fee and filing of a new recognizance, executed and
conditioned as above provided, the license may be granted or
renewed 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 issuing
of 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 a
sufficient number of boats, if more than one (1) be required by the
board of commissioners, and give due attendance to the
transportation of all persons, with their property, who shall apply for
the same, between daylight in the morning and dark in the evening,
and at any hour of the night, if required, except in cases of evident
danger, to all other persons requiring the same, on their tendering
double the rate of ferriage allowed to be taken in the daytime; and
such board may require such ferry-keepers to keep such ferry open
till 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 any
point in Indiana shall cause the banks of the river or creek to be dug
sufficiently low and kept in good passable order for the passage of
persons, 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 county
commissioners at the time of licensing the ferry, and from time to
time thereafter, as they shall think proper; and it shall be the duty of
the auditor to furnish every applicant, on taking out a license to keep
a ferry, with a list of the rates of ferriage, which list the ferry-keeper
shall put up either at the door of his ferryhouse, or on his boats, or on
some conspicuous place convenient to the ferry: Provided, That if
any person be aggrieved by the establishing of such rates, he shall
have the right to appeal to the circuit court of the proper county upon
filing a bond within thirty (30) days (of) the fixing of the same by
such board, payable to the state of Indiana, with security to be
approved by the county auditor, and conditioned for the due
prosecution of such appeal and the payment of all costs if judgment
be rendered against such appellant, and the county auditor shall
cause such bond, with a certified copy of the proceedings of said
board and all of the original papers of the same, to be filed in the
office of the clerk of the circuit court within twenty (20) days
thereafter, and such cause shall be docketed for the ensuing term, and
further proceedings had and judgment rendered therein as in other
cases of appeal. And upon such appeal, the circuit court shall have
the power to review such rates of ferriage and fix the same as may be
just 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 necessary
boats and ferrymen within six (6) months after the establishment
thereof, or if the proprietor shall willfully neglect to attend to the
same, or shall fail to comply with any of the requirements of the
proper board of commissioners, such board, on complaint to them,
shall cause the proprietor of such ferry to be summoned to show
cause, at the next meeting of the board, why such ferry shall not be
discontinued; and such board shall vacate such ferry or dismiss such
complaint, according to the testimony adduced, and may award costs
against the complainant, if such complaint is dismissed, or against
the 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 established
under this chapter, but such ferries shall be entitled to the exclusive
use of the whole width of the routes leading thereto for all
appropriate 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 ferry
without being licensed or authorized according to this chapter
commits a Class C infraction.
(b) Each day of violation of subsection (a) of this section
constitutes 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 in
violation of the conditions of his license commits a Class C
infraction. (Formerly: Acts 1881(ss), c.52, s.14.) As amended by Acts 1978,
P.L.2, SEC.816.
