225 ILCS 435/ Ferries Act.

(225 ILCS 435/0.01) (from Ch. 121, par. 700)

Sec. 0.01. Short title. This Act may be cited as the Ferries Act.

(Source: P.A. 86-1324.)

(225 ILCS 435/1) (from Ch. 121, par. 701)

Sec. 1. No person shall establish, keep or use any ferry for the conveyance or passage of persons or property, for profit or hire, unless he shall be licensed as directed by this Act, under the penalty of $5 for each day the same is maintained, and $3 for each person and each article of property so conveyed, to be forfeited to the county in which the ferry is situated. This Section shall not apply to ferries heretofore established by law.

(Source: P.A. 91-357, eff. 7-29-99.)

(225 ILCS 435/2) (from Ch. 121, par. 702)

Sec. 2. Any person may petition the county board for license to keep a ferry, and if said board shall deem such ferry necessary, it shall order the county clerk to issue a license to such person, upon his paying the fee therefor to be fixed by the board, and giving bonds as provided in this act: Provided, that no person shall be licensed to keep ferry within 1000 feet of any established ferry, so long as such established ferry is competent to do the business, and its owner complies with the provisions of this act, unless the county board shall deem it necessary to establish another ferry for the public good.

(Source: Laws 1955, p. 1451.)

(225 ILCS 435/3) (from Ch. 121, par. 703)

Sec. 3. Where the ferry is to be established between two counties, the petition shall be addressed to the county boards of both counties, and the concurrence of both of such boards shall be necessary to the granting of the license, fixing the tolls and prescribing the regulations of the ferry; but a separate license shall be issued by each county, and a license fee paid to each county. And all the provisions of this act shall apply to each of the counties, so far as the same may be applicable.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/4) (from Ch. 121, par. 704)

Sec. 4. No license shall be granted to establish a ferry unless the petitioner shall give notice of his intended application by publication in some newspaper published in the county for at least four weeks successively next preceding the session of the county board at which the application shall be made, or if no newspaper is published in such county, by posting notices in four public places therein, at least four weeks previous to such session. When the application is to several county boards, the notice herein provided shall be given in each county.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/5) (from Ch. 121, par. 705)

Sec. 5. No such license shall be granted to any person other than the owner of the land adjoining to or embracing the water over which the ferry is to be established, unless such owner shall neglect to apply for such license, after notice by the applicant, at least four weeks before the sitting of the county board, of his intention to make such application: Provided, that when any owner is a non-resident, or cannot be found, such notice shall be given to the party in possession of the land, if the same be occupied; and if no person be in possession, no such notice need be given: And, provided, that license may be granted without regard to ownership of the land, when the ferry has its termini upon a public highway.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/6) (from Ch. 121, par. 706)

Sec. 6. When several such owners apply, the county board may grant the license to any one or more of them as it shall deem best.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/7) (from Ch. 121, par. 707)

Sec. 7. Before the delivery of any license, the person to whom the same is granted shall give bond, payable to the People of the State of Illinois, with sufficient sureties to be approved by the county clerk, in such sum as the county board shall order, conditioned for the faithful discharge of his duties as ferryman according to law; which bond shall be filed in the office of the county clerk.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/8) (from Ch. 121, par. 708)

Sec. 8. The term for which a ferry license shall continue shall be fixed by the county board at the time of granting the license, not exceeding ten years, but the same may be renewed from time to time upon petition, without the notice hereinbefore required, upon giving such bond, and paying such license fee as may be required by the county board.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/9) (from Ch. 121, par. 709)

Sec. 9. The license fee to be fixed by the county board in any case shall be such sum as the said board shall think proper, not less than $5, nor exceeding $300, but such license fee shall not be in lieu of taxes upon the property, or franchise of such ferry, but the same shall be subject to be assessed and taxed as other property and franchises.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/10) (from Ch. 121, par. 710)

Sec. 10. The county board 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 or other water course, and the publicity of the ferry, and may prescribe regulations for the management of such ferry.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/11) (from Ch. 121, par. 711)

Sec. 11. Every keeper of a ferry who shall at any time take or demand more than the toll allowed as aforesaid, shall, for each offense, forfeit and pay to the party aggrieved the sum of $5, and such amount as he shall have illegally taken.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/12) (from Ch. 121, par. 712)

Sec. 12. Every keeper of a ferry shall keep a list of the legal rates of ferriage, printed, or written in a legible hand, constantly posted up in some public place at the ferry or ferry house, where the same can be easily seen and read by passengers.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/13) (from Ch. 121, par. 713)

Sec. 13. If any keeper of a ferry fails to comply with the provisions of the preceding section, he shall, for every day such list is not posted up, forfeit not less than $10 to the county.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/14) (from Ch. 121, par. 714)

Sec. 14. Every keeper of a ferry shall provide proper wharves, causeways or other conveniences and safeguards, for the embarking and landing of passengers, teams, horses, cattle, and other property in safety, and without unnecessary delay.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/15) (from Ch. 121, par. 715)

Sec. 15. He shall keep the ferry at all times in good repair, and shall faithfully attend thereto, with such and so many sufficient and safe boats and so many competent men, and proper implements, as shall be necessary to operate such ferry for the proper accommodation of the public.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/16) (from Ch. 121, par. 716)

Sec. 16. If any keeper of a ferry shall fail to perform any of his duties under the two preceding sections, he shall forfeit to the county $10 for each day during the continuance of such failure. If such failure be continued for the space of three weeks, or if the ferry shall be abandoned, disused or unfrequented for the space of six weeks, the county board may, on complaint, notify the proprietor thereof to show cause why his license should not be revoked, and the county board may, if the cause is proved to their satisfaction, revoke such license.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/17) (from Ch. 121, par. 717)

Sec. 17. Every keeper of a ferry shall afford safe and speedy passage to all persons and their teams and property, from daylight in the morning until dark in the evening of each day, unless delay is necessary for repairs, and during such further time as may be required by the county board, and shall, at any hour in the night, when required, give passage to any person or property on payment or tender of double the rate of ferriage allowed during the day. No ferryman shall be required to give such passage when it manifestly appears hazardous so to do, by reason of any flood, storm or ice.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/18) (from Ch. 121, par. 718)

Sec. 18. All persons shall be received into such ferryboat or other vessels, as aforesaid, and conveyed across the water course over which the same shall be established, according to their arrival or first coming to the said ferry: Provided, that all public officers, or such as go on public or urgent occasion, as post riders, couriers, physicians, surgeons and midwives, shall, in all cases, be the first carried over, where all cannot go at the same time.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/19) (from Ch. 121, par. 719)

Sec. 19. If any keeper of a ferry shall fail to perform any of his duties under the two preceding sections, he shall, for each offense, forfeit to the person aggrieved the sum of $3, and shall be liable for all damages occasioned thereby.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/20) (from Ch. 121, par. 720)

Sec. 20. All ferries heretofore established and confirmed over the Ohio, to the proprietors of land on the western shore of said river, as well as all other ferries which have, at any time, been established over any other of the lakes, rivers, creeks or other water courses within the limits or upon the borders of this state, and where the same have been kept in operation or repair from time to time, according to law, and have not, at any time since their establishment, been discontinued or abandoned, shall be and they are hereby declared to be established ferries within the meaning of this act, and entitled to the benefits of the same.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/21) (from Ch. 121, par. 721)

Sec. 21. Whoever, not being licensed to maintain a ferry, or authorized by law so to do, shall run any boat or other craft for the purpose of conveying passengers across any river or other water course, within three miles of any ferry which now is or hereafter shall be established, pursuant to this act, except as hereinafter allowed, shall forfeit such boat or craft to the owner of such ferry, and shall also forfeit to the owner of such ferry $15 for each person who may be thus unlawfully conveyed across such water course: Provided, that nothing herein contained shall be construed to prevent any person from crossing any stream or water course over which any such ferry shall be established as aforesaid, in his own boat or other craft, on his own business, or to take in and cross his neighbors, where the same is done without fee and not with intention to injure any ferryman near, or to cross any person or property without fee, when the ferry is not in actual operation or in sufficient repair to afford a safe and speedy passage to persons and property.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/22) (from Ch. 121, par. 722)

Sec. 22. The penalties herein provided for may be recovered in a civil action in the circuit court of the county where the offense is committed.

(Source: P.A. 79-1362.)

(225 ILCS 435/23) (from Ch. 121, par. 723)

Sec. 23. When it shall be necessary, for the establishment or use of any ferry, to take or damage private property, for a landing, ferryhouse, or approach to any ferry, proceedings may be had for that purpose under any act that may then be in force for the exercise of the right of eminent domain, subject to all restrictions that may be prescribed by law.

(Source: R.S. 1874, p. 530.)

(225 ILCS 435/24)

Sec. 24. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)