All about FILING a PETITION FOR A FERRY LICENSE

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1 All about FILING a PETITION FOR A FERRY LICENSE St. Charles County, Missouri Please be advised that this brochure is a guide only and should be relied upon for the legality of the contents contained herein. Judicial decisions or legislative changes, as well as individual circumstances, could affect your application. It is recommended that you direct any questions regarding the legality or procedures of the petition to your personal attorney. For forms, contact the St. Charles County Registrar's office at 201 North Second Street, Room 541, St. Charles, Missouri ; Phone (636)

2 Section , Revised Statutes of Missouri, as amended, authorizes any person to petition a county commission for a license to keep a ferry, subject to the provisions of Sections through , Revised Statutes of Missouri, as amended. Also, Ordinance No of St. Charles County establishes the procedures for obtaining a Ferry License within St. Charles County. License to keep a ferry required. No person shall keep a ferry within St. Charles County and demand and receive payment for ferriage without a license issued pursuant to Ordinance No Petition for license to keep a ferry. Any person may petition St. Charles County Council for issuance of a license to keep a ferry, as provided in Ordinance No and in Sections through , Revised Statutes of Missouri, as amended. Such petitions shall: A. Be submitted to the County Registrar. B. Include or be accompanied by the following information: 1) Name, business address and telephone number of the petitioner; 2) Name, business address and telephone number of the owner of the site of the proposed ferry landing (if different from the petitioner); 3) Legal description of the site of the proposed ferry landing; 4) Site plan of the proposed ferry landing, showing properties surrounding and public roads serving the site of the proposed ferry landing; 5) Operating season of the proposed ferry; 6) Capacity of the proposed ferry; 7) Number of vehicles expected to use the proposed ferry on week-days and weekend-days during the ferry s operating season; and 8) Rates to be charged for ferriage during the term of the license. 2

3 Scheduling hearing on petition for license to keep a ferry; preliminary review of petition for license to keep a ferry. Upon receiving a complete petition for license to keep a ferry, the County Registrar shall: A. Refer the petition to the Director of Planning requesting that the Director of Planning report to the County Council at that hearing on whether: 1. The proposed ferry landing is permissible under applicable zoning regulations; 2. The site of the proposed ferry landing is served by public roads; 3. The site of the proposed ferry landing and/or the public roads serving that site is/are capable of accommodating vehicles waiting to use the ferry without hardship or inconvenience to surrounding property owners; and B. In conjunction with the Chair of the County Council, place the above-mentioned report by the Director of Planning and the petition for license to keep a ferry on the agenda of the County Council for hearing by the County Council within the next forty-five days; C. Give the petitioner at least fourteen days written notice of that hearing. Action by County Council on petition for license to keep a ferry. After conducting its hearing on a petition for license to keep a ferry and the Director of Planning s report, the County Council shall grant the petition and order payment of the license tax of One Hundred Dollars ($100), if the County Council, after hearing, makes the following findings in writing: A. The proposed ferry is necessary for accommodation of the public, as required by Section , Revised Statutes of Missouri, as amended; B. The petitioner is a suitable person keep a ferry, as required by Section , Revised Statutes of Missouri, as amended; C. The proposed ferry landing is permissible under applicable zoning regulations; D. The site of the proposed ferry landing is served by public roads; and E. The site of the proposed ferry landing and/or the public roads serving that site is/are capable of accommodating vehicles waiting to use the ferry without hardship or inconvenience to surrounding property owners. A decision to grant a petition for license to keep a ferry and order payment of the license tax of One Hundred (100) Dollars for the initial issuance of a license or of Twenty Five (25) Dollars for subsequent renewals of the license may be made by Consent Agenda. 3

4 Issuance of license to keep a ferry after posting of bond and payment of license tax by petitioner. The County Registrar shall issue a license to keep a ferry if: A. The County Council has granted the petition for license to keep a ferry and ordered payment of the license tax of One Hundred (100) Dollars for the initial issuance of a license or of Twenty Five (25) Dollars for subsequent renewals of the license, as provided in the preceding section of this ordinance; B. The petitioner for a license to keep a ferry has paid to St. Charles County the license tax of One Hundred (100) Dollars or Twenty Five (25) Dollars as the case may be; and C. The petitioner for a license to keep a ferry furnishes proof to the County Registrar that the petitioner has given bond to the state as required by Section , Revised Statutes of Missouri, as amended, with sufficient security and in such sum as shall be required by the Director of Finance, which bond shall be filed in the Office of the County Registrar. Term of license to keep a ferry; renewals. A license to keep a ferry shall have a term of one (1) year; renewals may be issued upon the filing of a petition for license to keep a ferry, and hearing and decision as provided by this ordinance. License to keep a ferry not assignable. No person to whom the Director of Planning issues a license to keep a ferry may assign that license another person. 4

5 Duties of licensees. Persons to whom the Director of Planning issues a license to keep a ferry shall: A. Operate that ferry according to the requirements of this Ordinance, the requirements of Sections through , Revised Statutes of Missouri, as amended, and the terms set out in the petition for license to operate a ferry; and B. Report all changes of business address or name or telephone number to the County Registrar. Ferriage rates and posting. Persons to whom St. Charles County issues a license to keep a ferry shall charge the rates proposed in the petition for license to keep a ferry, and shall post them at some public place at the ferry or ferry house or ferry landing, as required by Section , Revised Statutes of Missouri, as amended. Revocation by Director of Administration of license to keep a ferry appeal to County Council. The Director of Administration may revoke a license to keep a ferry if the petitioner for that license fails to perform the petitioner s duties under this Ordinance. Any licensee aggrieved such a revocation may appeal that revocation to the County Council. Penalties. Any person who violates any provision of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand (1,000) Dollars or by imprisonment in the County Jail of not more than One (1) Year, or by both. Each day any violation continues shall constitute a separate violation. 5