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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : ROADS AND WATERWAYS
Chapter : Chapter 237 Barges, Ferries and Wharves
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No person shall keep a ferry, so as to demand and receive pay
thereat, without a license. (RSMo 1939 § 15286)
Prior revisions: 1929 § 14198; 1919 § 5532; 1909 § 6475
Any person may petition the county commission of the county for
license to keep a ferry; and if the commission believe such ferry
necessary for the accommodation of the public, and that the petitioner is
a suitable person to keep the same, it shall order the clerk to issue a
license, upon the payment of the tax assessed in such order. (RSMo 1939 §
15287)
Prior revisions: 1929 § 14199; 1919 § 5533; 1909 § 6476
Such tax shall not be less than two dollars nor more than five
thousand dollars, paid to the use of the state. (RSMo 1939 § 15288)
Prior revisions: 1929 § 14200; 1919 § 5534; 1909 § 6477
Upon the production of the receipt of the collector of the
county for the tax to such clerk, he shall issue a license to keep a
ferry, at the place therein mentioned, for any term not exceeding five
years, the said term to be fixed by the county commission in its
discretion; provided, that no license shall be issued for a longer term
than five years. (RSMo 1939 § 15289)
Prior revisions: 1929 § 14201; 1919 § 5535; 1909 § 6478
Before the delivery of the license such person shall give bond
to the state, with sufficient security, approved by such clerk, in such
sum as the commission shall order, conditioned for the faithful
performance of the duties required by law at such ferry; which bond shall
be filed in the office of such clerk. (RSMo 1939 § 15290)
Prior revisions: 1929 § 14202; 1919 § 5536; 1909 § 6479
The clerk of the county commission, in vacation, may grant ferry
licenses, assess the tax and fix the rates for the same, and exercise all
the power of the commission touching the same. (RSMo 1939 § 15292)
Prior revisions: 1929 § 14204; 1919 § 5538; 1909 § 6481
Such licenses shall continue until the end of the next term of
the county commission; and the tax shall be assessed in proportion to the
time for which the license is granted, and in all other respects the
clerk and collector shall proceed as upon license granted by the
commission. (RSMo 1939 § 15293)
Prior revisions: 1929 § 14205; 1919 § 5539; 1909 § 6482
If any county commission believe that any ferry in the county is
so little used as not to justify the payment of license, they may, in
their discretion, give to the keeper of such ferry a license without the
payment of any tax; and such commission shall take bond and fix the rates
as in other ferries. (RSMo 1939 § 15305)
Prior revisions: 1929 § 14217; 1919 § 5551; 1909 § 6494
If any ferryman fail to perform his duties, the county
commission may, at any time, revoke his license. (RSMo 1939 § 15304)
Prior revisions: 1929 § 14216; 1919 § 5550; 1909 § 6493
If any person demand or receive pay for services as ferryman,
without a license, he shall forfeit to the county twenty dollars for
every day he shall keep such ferry, or be imprisoned not less than ten
nor more than thirty days, or be punished by both such fine and
imprisonment, to be recovered by indictment or information in the proper
court of the proper county. (RSMo 1939 § 15299)
Prior revisions: 1929 § 14211; 1919 § 5545; 1909 § 6488
Such persons shall be liable to a civil action for all damages
that may accrue to the person licensed to keep such ferry. (RSMo 1939 §
15300)
Prior revisions: 1929 § 14212; 1919 § 5546; 1909 § 6489
The county commission shall fix the rate of ferriage at each
ferry, and may at any time alter the same, having regard to the breadth
and situation of the stream and publicity of the ferry. No change in the
rates of ferriage shall go into effect during the continuance of any
license. (RSMo 1939 § 15291)
Prior revisions: 1929 § 14203; 1919 § 5537; 1909 § 6480
No ferryman shall be compelled to do any act, as such, before
payment or tender of his fee be made, according to the rates of ferriage.
(RSMo 1939 § 15296)
Prior revisions: 1929 § 14208; 1919 § 5542; 1909 § 6485
Every ferryman shall keep a list of the legal rates of ferriage,
printed, or written in a legible hand, constantly posted up at some
public place at the ferry or ferryhouse. (RSMo 1939 § 15297)
Prior revisions: 1929 § 14209; 1919 § 5543; 1909 § 6486
If any ferryman fail to comply with the provisions of section
237.140, he shall, for every such offense, forfeit four dollars to the
county. (RSMo 1939 § 15298)
Prior revisions: 1929 § 14210; 1919 § 5544; 1909 § 6487
Every ferryman shall keep at his ferry a good boat or boats, in
good repair, suitable to the water, and sufficient hands to attend on all
occasions. (RSMo 1939 § 15294)
Prior revisions: 1929 § 14206; 1919 § 5540; 1909 § 6483
Every ferryman failing to give such due attention shall, for
every offense, forfeit five dollars, and for failure to keep such boat in
good repair, shall forfeit thirty dollars to the county where the ferry
is situated; and he shall be liable for all damages that any person may
sustain thereby, to be recovered by civil action in any court having
jurisdiction. (RSMo 1939 § 15295)
Prior revisions: 1929 § 14207; 1919 § 5541; 1909 § 6484
The county commission of the proper county may grant, or not, at
their discretion, ferry license for a ferry or ferries on the same side
of the river, and in the same county, within any distance of any ferry
that shall then be already licensed. (RSMo 1939 § 15306)
Prior revisions: 1929 § 14218; 1919 § 5552; 1909 § 6495
County commissions may grant to the owner or owners of lands, on
both sides of a river, in any county in this state, the exclusive
privilege of keeping a ferry thereat. (RSMo 1939 § 15307)
Prior revisions: 1929 § 14219; 1919 § 5553; 1909 § 6496
If the master or commander of any steamboat shall land at the
platform or known landing place of any public ferry, and shall
intentionally obstruct the passage of any ferryboat, or moor or unload
against, over or upon the same, without the consent of the owner of such
ferry, such master or owner of such steamboat shall forfeit and pay to
the legal possessor of such ferry landing fifty dollars for each offense,
to be recovered by civil action before an associate circuit judge, and
shall be liable to an action for damages, to be recovered before any
court having competent jurisdiction. (RSMo 1939 § 15308)
Prior revisions: 1929 § 14220; 1919 § 5554; 1909 § 6497
Any city, town or other municipal corporation may, for a just
compensation, in its discretion, lease to any owner or association of
owners of any steamboat, or boats, or vessels, any portion of the wharf
or landing of such city or town, for a term of years, for the purpose of
maintaining wharf boats thereat for the accommodation of steamboats and
merchants and others in the reception and discharge of freights;
provided, that no part of any wharf or landing shall be so leased for the
use of any particular owner of any boat or boats, or association of
owners of boats, if such lease shall give to such owner or association of
owners a monopoly of said portion of such wharf or landing, or work a
serious injury or inconvenience to other owners of boats landing at such
wharf or landing. (RSMo 1939 § 15309)
Prior revisions: 1929 § 14221; 1919 § 5562; 1909 § 6505
Upon the failure of any ferryman to perform any duty herein
required, the attorney general or prosecuting attorney for the county
shall commence and prosecute an action on the bond given by the ferryman,
and the recovery of any penalty shall be no bar to any action on such
bond. (RSMo 1939 § 15302)
Prior revisions: 1929 § 14214; 1919 § 5548; 1909 § 6491
All penalties imposed by this chapter may be recovered before
any court having jurisdiction, in the name of the county. (RSMo 1939 §
15301)
Prior revisions: 1929 § 14213; 1919 § 5547; 1909 § 6490
Every offense under this chapter shall be prosecuted within one
year. (RSMo 1939 § 15303)
Prior revisions: 1929 § 14215; 1919 § 5549; 1909 § 6492
Within sixty days of September 28, 1983, the governor shall act
to enter into a compact with the states of Iowa, Kansas and Nebraska to
read substantially as follows: COMPACT BETWEEN IOWA, KANSAS, MISSOURI AND
NEBRASKA FOR THE DEVELOPMENT OF THE MISSOURI RIVER FOR BARGE TRAFFIC
ARTICLE I
The purposes of this compact are to provide for planning for the most
efficient use of the waters of the Missouri River to increase the amount
of barge traffic on that segment of the Missouri River which flows
between and within the compact states, to take necessary steps to develop
the Missouri River and its banks to handle more barge traffic than is
presently handled, to encourage the use of barges on that segment of the
Missouri River for transporting bulk goods, especially farm commodities,
to insure that the intended increase in barge traffic does not impose
unacceptable damage on the Missouri River in all its various uses,
including agriculture, wildlife management, and recreational
opportunities, to consider the diversion of the waters of the Missouri
River as it affects navigation, and to promote joint action between the
compact parties to accomplish these purposes. The purposes of the compact
do not include lobbying activities against user fees for barge traffic
and such activities under this compact are prohibited.
ARTICLE II
It is the responsibility of the four states to accomplish the purposes in
Article I through the official in each state who is charged with the duty
of administering the public waters and to collect and correlate through
those officials the data necessary for the proper administration of the
compact. Those officials may, by unanimous action, adopt rules and
regulations to accomplish the purposes of this compact.
ARTICLE III
The states of Iowa, Missouri, Kansas, and Nebraska agree that within a
reasonable time they shall fulfill the obligations of this compact and
that each shall authorize the proper official or agency in its state to
take the necessary steps to promote the use of barges and develop the
Missouri River as it flows between and within the compact states for
greater amounts of barge traffic.
ARTICLE IV
This compact does not limit the powers granted in any other act to enter
into interstate or other agreements relating to the Missouri River
flowing between and within the compact states, alter the relations
between the respective internal responsibilities of the government of a
party state and its subdivisions, or impair or affect any rights, powers,
or jurisdiction of the United States, or those acting by or under its
authority, in, over, and to those waters of the Missouri River. The
adoption of this compact by the general assembly shall not require the
state of Missouri to adopt any legislation or to appropriate funds for
its implementation.
ARTICLE V
Unless this compact is entered into on or before July 1, 1984, the
governor shall take no further action to secure the compact. (L. 1983
H.B. 102 § 1)
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