[Ord. No. 02-056 §1, 5-2-2002]
No person shall keep a ferry within St. Charles County and demand
and receive payment for ferriage without a license issued pursuant
to this Chapter.
[Ord. No. 02-056 §2, 5-2-2002; Ord. No. 13-001 §19, 1-3-2013; Ord. No. 13-050 §19, 6-28-2013]
A.
Any
person may petition St. Charles County Council for issuance of a license
to keep a ferry, as provided in this Chapter and in Sections 237.010
through 237.240, RSMo., as amended. Such petitions shall:
1.
Be submitted to the County Registrar;
2.
Be submitted on a form that the Director of the Division of Planning
and Zoning shall develop and that the County Registrar shall make
available to the public; and
3.
Include or be accompanied by the following information:
a.
Name, business address and telephone number of the petitioner;
b.
Name, business address and telephone number of the owner of the site
of the proposed ferry landing (if different from the petitioner);
c.
Legal description of the site of the proposed ferry landing;
d.
Site plan of the proposed ferry landing, showing properties surrounding
and public roads serving the site of the proposed ferry landing;
e.
Operating season of the proposed ferry;
f.
Capacity of the proposed ferry;
g.
Number of vehicles expected to use the proposed ferry on weekdays
and weekend days during the ferry's operating season; and
h.
Rates to be charged for ferriage during the term of the license.
[Ord. No. 02-056 §3, 5-2-2002; Ord. No. 02-160 §1, 10-30-2002]
A.
Upon
receiving a complete petition for license to keep a ferry, the County
Registrar shall:
1.
Refer the petition to the Director of the Division of Planning and
Zoning of the Department of Community Development requesting that
the Director of the Division of Planning and Zoning of the Department
of Community Development report to the County Council at its hearing
on the petition on whether:
a.
The proposed ferry landing is permissible under applicable zoning
regulations;
b.
The site of the proposed ferry landing is served by public roads;
c.
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
2.
Refer the petition to the Director of Finance requesting that the
Director of Finance recommend to the County Council the amount to
be ordered for the performance bond required by Section 237.050, RSMo.,
as amended; and
3.
In conjunction with the Chair of the County Council, place the above-mentioned
report by the Director of the Division of Planning and Zoning of the
Department of Community Development, the above-mentioned recommendation
by the Director of Finance, 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 (45) days;
4.
Give the petitioner at least (14) fourteen days' written notice of
that hearing.
[Ord. No. 02-056 §4, 5-2-2002; Ord. No. 02-160 §2, 10-30-2002]
A.
After
conducting its hearing on a petition for license to keep a ferry and
the Director of the Division of Planning and Zoning of the Department
of Community Development's report, and the Director of Finance's recommendation,
the County Council shall grant the petition and order payment of the
license tax of one hundred dollars ($100.00) and may order the posting
of a performance bond pursuant to Section 237.050, RSMo., as amended,
if the County Council, after hearing, makes the following findings
in writing:
1.
The proposed ferry is necessary for accommodation of the public,
as required by Section 237.020, RSMo., as amended;
2.
The petitioner is a suitable person to keep a ferry, as required
by Section 237.020, RSMo., as amended;
3.
The proposed ferry landing is permissible under applicable zoning
regulations;
4.
The site of the proposed ferry landing is served by public roads;
and
5.
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.
B.
In
lieu of a performance bond, the Council may require certificates of
liability insurance and workers’ compensation sufficient to
cover the liabilities and duties of the applicant, if the proposed
ferry is principally a recreational or tourist amenity rather than
a transportation facility.
[Ord. No. 14-058[2] §1, 6-30-2014]
[2]
Editor’s Note: This ordinance also redesignated former
Subsection (B) as Subsection (C).
C.
Decisions
to grant a petition for license to keep a ferry, order payment of
the license tax of one hundred dollars ($100.00) for the initial issuance
of a license or of twenty-five dollars ($25.00) for subsequent renewals
of the license, and order the posting of a performance bond in the
amount set by the County Council, may be made by consent agenda.
[Ord. No. 02-056 §5, 5-2-2002; Ord. No. 02-160 §3, 10-30-2002]
A.
The
County Registrar shall issue a license to keep a ferry if:
1.
The County Council has granted the petition for license to keep a
ferry and ordered payment of the license tax of one hundred dollars
($100.00) for the initial issuance of a license or of twenty-five
dollars ($25.00) for subsequent renewals of the license, as provided
in the preceding Section of this Chapter;
2.
The petitioner for a license to keep a ferry has paid to St. Charles
County the license tax of one hundred dollars ($100.00) or twenty-five
dollars ($25.00) as the case may be; and
3.
In the event that the County Council requires a performance bond,
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
provided by this Chapter and by Section 237.050, RSMo., as amended,
with sufficient security and in such sum as shall be required by the
County Council, which bond shall be filed in the office of the County
Registrar; and
4.
In the event that the County Council determines that certificates of insurance may be submitted to the County Registrar under Section 650.040(B), above, the County Registrar may issue a license upon receipt of such certificates in amounts determined sufficient by the Director of Finance to cover the liabilities and duties of the applicant for the license. The Registrar shall keep such certificates on file in the office of the County Registrar, and the licensee shall be under a continuing duty to update or replace those certificates as necessary.
[Ord. No. 14-058 §2, 6-30-2014]
[Ord. No. 02-056 §6, 5-2-2002; Ord. No. 02-160 §4, 10-30-2002]
A license to keep a ferry shall have an initial term of one
(1) year and may be renewed for terms of three (3) years; renewals
may be issued upon the filing of a petition for license to keep a
ferry and hearing and decision as provided by this Chapter.
[Ord. No. 02-056 §7, 5-2-2002; Ord. No. 02-160 §5, 10-30-2002]
No person to whom the County Registrar issues a license to keep
a ferry may assign that license to another person.
[Ord. No. 02-056 §8, 5-2-2002; Ord. No. 02-160 §6, 10-30-2002]
A.
Persons
to whom the County Registrar issues a license to keep a ferry shall:
1.
Operate that ferry according to the requirements of this Chapter,
the requirements of Sections 237.010 through 237.240, RSMo., as amended,
and the terms set out in the petition for license to operate a ferry;
and
2.
Report all changes of business address or name or telephone number
to the County Registrar.
[Ord. No. 02-056 §9, 5-2-2002]
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 237.140, RSMo.,
as amended.
[Ord. No. 02-056 §10, 5-2-2002]
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 Chapter. Any licensee aggrieved by such a revocation
may appeal that revocation to the County Council.
[Ord. No. 02-056 §11, 5-2-2002]
Any person who violates any provision of this Chapter shall
be guilty of a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000.00) 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.
[Ord. No. 02-056 §12, 5-2-2002]
Enforcement of this Chapter shall be the responsibility of the
County Counselor.
