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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 9, 2008
S. 996
S. Printed 4/9/08--S. [SEC 4/10/08 4:16 PM]
Read the first time January 16, 2008.
TO AMEND CHAPTER 15 OF TITLE 57 OF THE 1976 CODE, RELATING TO PROVISIONS AFFECTING FERRIES ONLY, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF THE STATE HIGHWAY SYSTEM, TO PROVIDE THAT THE GOVERNING BODY OF A COUNTY IS AUTHORIZED TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS LOCATED WITHIN THE COUNTY NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT GOVERNING BODIES OF ADJOINING COUNTIES MAY ENTER INTO AN AGREEMENT TO ESTABLISH, OPERATE, MAINTAIN, AND SUPERVISE PUBLIC FERRIES CONNECTING PARTS OF PUBLIC ROADS THAT LIE WITHIN EACH COUNTY THAT ARE NOT UNDER THE CONTROL OF THE DEPARTMENT OF TRANSPORTATION, TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION AND COUNTY GOVERNING BODIES MAY ENTER INTO AGREEMENTS WITH PRIVATE ENTITIES TO FINANCE, IN WHOLE OR IN PART, THE COST OF ACQUIRING, EQUIPPING, MAINTAINING, AND OPERATING A PUBLIC FERRY, TO ESTABLISH CERTAIN MINIMUM SAFETY REQUIREMENTS, TO ALLOW FOR PRIVATE CONTRIBUTIONS FOR FERRY OPERATION AND MAINTENANCE, AND TO PROVIDE FOR A FERRY ON THE INTRACOASTAL WATERWAY IN GEORGETOWN COUNTY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 15 of Title 57 of the 1976 Code is amended to read:
Section 57-15-10. The governing body of every county may grant charters for ferries and establish ferries under the provisions of this chapter and shall report all such charters to the Secretary of State immediately after they are granted. (A) The Department of Transportation may provide for the establishment, operation, maintenance, and supervision of public ferries connecting parts of the state highway system.
(B) The governing body of a county may provide for the establishment, operation, maintenance, and supervision of public ferries connecting parts of public roads located within the county that are not under the control of the department.
(C) Where the boundary line between adjoining counties runs though a river or other body of water, the governing bodies of the counties may enter into an agreement providing for the establishment, operation, maintenance, and supervision of public ferries connecting state roads in the counties that are not under control of the department.
(D) The department, or a county governing body, may acquire, own, lease, charter, or otherwise control all vessels, boats, terminals, or other facilities required for the proper operation of ferries established and operated pursuant to this section.
Section 57-15-20. When the charter of any ferry has expired or is about to expire, it may be renewed or rechartered, and when a ferry is needed where no ferry has been heretofore chartered, it may be chartered by application to the governing body of the county in which the ferry is needed, and when the ferry is across a river at a point where such river is the boundary between two or more counties, then to the respective governing bodies of the counties concerned. The application shall be by petition after notice as required by law and after strictly observing and complying with all prerequisites required by law before the granting of such charters. The department and county governing bodies may enter into agreements with private entities to finance, acquire, construct, equip, maintain, or operate public ferries, in whole or in part, in this State.
Section 57-15-30. Such charter shall be granted to the applicant (petitioner), his heirs and assigns, for a term not to exceed twenty-one years and shall be subject to revocation at any time by the governing body which granted or renewed it, for such cause as to it may seem just and proper. Contributions from private citizens or public or private entities may be made to defray the operational or maintenance expenses of a ferry operated or maintained pursuant to this chapter. Contributors are immune from civil or criminal liability for damages resulting from acts or omissions of the ferry operator.
Section 57-15-40. The following shall be a sufficient form for such charter:
The State of South Carolina, County of __________: On the petition of __________, and it appearing that the public good will be observed thereby, a (or the) ferry across __________ river at __________, to be known as (or known as) __________ ferry, is hereby chartered (or rechartered), and vested in __________, the petitioner, his heirs, executors, administrators or assigns, for the term of ___ years, subject, however, to be revoked in the discretion of the governing body of said county at any time. Given under our hands and seals of office, this the ___ day of __________, A. D. 19___.
Section 57-15-50. If any person living within the space of one mile of any established ferry in any part of this State shall, for any fee, toll or reward whatsoever, transport any person, goods or cattle from one side only to the other of that river where any such established ferry shall be kept, the person taking any such fee, toll or reward shall forfeit and pay to the proprietor of the ferry next adjacent to the place where such fare was taken up treble the value of the fee, toll or reward given, paid or promised, to be recovered by warrant, under the hand and seal of one magistrate, or be imprisoned in the county jail for a period of not exceeding thirty days, any law, usage or custom to the contrary notwithstanding. But in case any passenger shall be detained more than half an hour at any such ferry, then any person living near such ferry may be at liberty to transport him, anything herein to the contrary notwithstanding.
Section 57-15-60. The following shall be the maximum rates of toll that shall be charged at each public ferry in this State chartered under the provisions of this chapter:
(1) For every passenger, five cents, except in the case of public steam ferries on which a maximum rate of ten cents for a single trip or passage may be charged;
(2) For every head of sheep, goats, hogs and other small animals, five cents;
(3) For every horse, mule and head of cattle, ten cents;
(4) For every passenger with single horse, mule, ox or other riding animal, twenty cents;
(5) For every single-horse buggy, cart or other vehicle, twenty-five cents;
(6) For every two-horse wagon or other vehicle, fifty cents;
(7) For every three-horse wagon or other vehicle, sixty-five cents; and
(8) For every four-horse wagon or other vehicle, seventy-five cents.
The governing body of any county may fix lower rates of toll for any one or more specific ferries in such county as the special local conditions and circumstances may demand, and in cases of ferries crossing rivers or streams forming boundary lines between any two counties, such lower rates may be fixed by the governing bodies of such two counties.
Section 57-15-70. It shall not be lawful to exact from the citizens of this State, nor shall any of them be compelled to pay, any toll for crossing any ferry within the limits of this State or for the crossing of their horses, cattle or other property at any such ferry when the boat or flat kept at such ferry is not used by them for such purpose.
Section 57-15-80. The keepers of all private ferries usually putting over passengers for hire shall pass over, free of charge or expense, all such persons as are by law exempted from the payment of ferriage at ferries established and allowed by act of the General Assembly.
Section 57-15-90. All managers and keepers of public ferries shall afford applicants immediate passage across the ferry at all hours, day and night, at the usual fees and charges. Every ferryman or ferry keeper of any public ferry who, by absence from the ferry or by negligence, causes the detention and delay at the ferry of any bona fide applicant for passage at such ferry for the space of one hour or more shall, upon conviction, be guilty of a misdemeanor and shall, upon conviction, be fined five dollars or imprisoned thirty days for each offense. But this section shall not apply to steam or free ferries.
Section 57-15-100. Every person keeping a ferry shall keep in good order the banks of the river or creek at such ferry. In case of neglect he shall be subject to a fine of three dollars for each and every day of such neglect, to be recovered before any magistrate having competent jurisdiction.
Section 57-15-110. All persons who may have charters for any ferry where it is necessary that slips should be used shall keep them in repair at their private expense.
Section 57-15-120. Each ferry owner or keeper in this State shall provide and keep attached to each end of his ferry flat a good and sufficient apron or, not having such aprons, shall keep, at each and every landing place, a good and sufficient abutment or inclined plane for the same. For default or neglect in so doing he shall be fined in a sum not exceeding ten dollars for every three days' continuance of such default, to be recovered in any court having jurisdiction. One half of any such fine shall go to the use of the State and the other half to the informer.
Section 57-15-130. Every person owning or operating any ferryboat or flat which is used on any of the navigable streams of this State or is landed upon soil thereof shall place and provide guards or a railing around the boat or flat so as to protect the lives and property of those using it. Any person violating the provisions of this section, on conviction thereof, shall be liable to a fine of not less than twenty-five dollars nor more than one hundred dollars or imprisoned not exceeding thirty days.
Section 57-15-140. (A) The Department of Transportation shall take over, maintain and operate the ferry across the intracoastal waterway which traverses State Highway No. 716 which extends from a point on U. S. Highway No. 17, south of Georgetown, in a southeasterly direction, to Winyah Bay, such ferry and its approaches to form a part of State Highway No. 716 in Georgetown County. The provisions of Article 13 of Chapter 5 of this title shall not apply to the operation, repair, or maintenance of any such ferry.
Contributions from private citizens or public or private agencies may be made with respect to defraying the operational or maintenance expenses of such ferry; provided, however, that any such contribution shall in no wise render legally liable or responsible any of the contributors.
(B) This section is repealed effective July 1, 2009."
SECTION 2. This act takes effect upon approval by the Governor.
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