Wharfage Ordinance Passed By Covington City Council

AN ORDINANCE establishing a General System of Wharfage in the City of Covington, and providing for the appointment of a Wharf Master, prescribing his duties, &c.

SEC. 1 Be it ordained by the City Council of Covington, That the shores of the Ohio and Licking rivers, fronting the northern and eastern boundaries of the City of Covington, extending from Fourth on the Licking river to Main street on the Ohio river, together with the termination of all the streets and alleys running to either of said rivers within the corporate limits of said city, shall be, and the same are hereby declared to be public landings within the meaning of this ordinance.

SEC. 2 Be it further ordained, That from and after the passage of this ordinance, all boats, rafts, or crafts of any description, landing, anchoring or occupying any part of said public landing from the east side of Garrard street to the west side of Scott street, and likewise the foot or termination of Main street, except as herein otherwise provided, shall be subject to the following rates or charges of wharfage, viz:

Each and every steamboat of not more than one hundred tons burthen, shall be charged the sum of One Dollar and Fifty Cents for the first twenty-four hours, or part thereof, after landing, anchoring or occupying as aforesaid, and the sum of One Dollar per day for each subsequent day, or any part thereof, during the stay of such boat at said anchorage or landing.

And each and every steamboat of more than one hundred tons burthen, and not more than two hundred tons, shall pay the above rates and an additional sum of Fifty Cents per day for each day or part of day such boat shall remain at said landing.

And each and every steamboat of more than two hundred tons burthen, shall pay Two Dollars and Fifty Cents for the first day or part thereof, and Two Dollars for each subsequent day or part thereof: Provided, That any steamboat (ferries excepted) may land to put off or receive passengers and their baggage or household goods free of charge: Provided further, Such boat shall not remain more than thirty minutes.

SEC. 3. Be it further ordained, That the steam ferry-boats of Kennedy’s and others, running between this city and Cincinnati, shall pay One Dollar per day for the use and occupancy of the foot of Garrard street, payable to the proper officer on demand: Provided, however, That the proprietors of said ferry-boats may have the privilege of commutation by the payment in advance of Sixty-Two Dollars and Fifty Cents per quarter; but in no case shall said ferry-boats land at and occupy any other improved part of said public landing except upon the payment of the same rates of wharfage as other steamboats of equal tonnage are charged. The first quarter to commence the first day of December, 1850.

SEC. 4. Be it further ordained, That any ferry-boat or line of ferry-boats landing at and occupying the foot of Main street shall be charged One Dollar per day, payable to the proper officer on demand: Provided, however, That the proprietors of such boat or boats may have the privilege of commutation by the payment of Sixty Two Dollars and Fifty Cents in advance per quarter. The first quarter to commence the first day of December, 1850.

SEC. 5. Be it further ordained, That the foregoing rates of wharfage shall be charged and collected from each and every steamboat according to the ship carpenter’s measurement of such boat.

And should any doubts or suspicion arise with the Wharf Master, that a deception is practiced and that the measurement is represented less than it really is, he shall call on some competent and well qualified person to measure the same, for which service such person shall be allowed the sum of two dollars to be paid by the master of such boat if found guilty of an attempt to deceive respecting the tonnage of the boat.

SEC. 6. Be it further ordained, That each and every coal boat, raft of lumber or timber, landing at or occupying said wharf as aforesaid, shall pay the sum of Two Dollars per day (Sundays excepted) for one hundred feet front, and One Dollar per day for each additional fifty feet or fractional part thereof.

That each and every barge, keel boat, Orleans boat, or flat boat of any description, not less than twelve feet in width, shall pay the sum of One Dollar per day, (Sunday excepted) and also One Dollar for the fractional part of any day, but in no case shall any such boat have the exclusive right to more than twenty-five feet front.

And that each and every boat of any description not herein before provided for and less than twelve feet in width, shall pay the sum of Fifty Cents per day or part of a day, (Sundays excepted) and no such boat shall have the exclusive right to more than twelve feet six inches front.

SEC. 7. Be it further ordained, That in the month of June, in each and every year after the first election, it shall be the duty of the City Council to elect or appoint a Wharf Master, (to be dismissed at the pleasure of the Board) whose duty it shall be to take notice of all boats, rafts or property, which may land or anchor at, or occupy any part of said public landings, as aforesaid, and demand from the person commanding, having charge of, or owning the same, the amount of wharfage which such boat, raft or property may be liable to pay under the provisions of this ordinance, for the time which such person commanding, having charge, owning as aforesaid, may intend said boat, raft or property to remain at or occupy said landing, and to receipt for the same. And if any boat, raft or property shall remain for a longer period of time, it shall be the duty of said Wharf Master to make further demand, and upon further payment being made to receipt for the same as aforesaid; and from time to time repeat the same till the departure or removal of said boats, rafts or property.

SEC. 8. Be if further ordained, That if any person or persons commanding, having charge of, or owning any such boat, raft or property shall refuse or neglect to make payment of wharfage as aforesaid, on demand being made as aforesaid, it shall be the duty of the Wharf Master immediately to give information thereof to the Mayor of the City, whose duty it shall be to issue a warrant or process against such person or persons so refusing or neglecting to pay as aforesaid, and to have him or them brought before the said Mayor to answer said charges; and upon proof that such person or persons had refused or neglected to make payment as aforesaid, he shall assess a fine of at least twice the amount chargeable to such person or persons as aforesaid for wharfage for twenty-four hours or part thereof, together with costs of suit. And on like information from day to day, like proceeding shall be had against any person or persons commanding, having charge of, or owning as aforesaid, and who shall continue from day to day to neglect or refuse to make payment as aforesaid.

SEC. 9. Be it further ordained, That it shall be the duty of the Wharf Master to keep a regular book of accounts, in which shall be entered the names of all persons from whom he shall have received wharfage, with the dates of the receipts and the amounts received. The said Wharf Master shall at least once in each and every week, pay over to the Treasurer all moneys which may have been collected by him for wharfage, (less his commission) and take the said Treasurer’s receipt therefore. And he shall at least once in each month make to the City Council a full report of the amounts collected from each and every person, with the date thereof. And before the said Wharf Master shall enter upon the duties of his office, he shall take an oath or affirmation faithfully and impartially to discharge the duties of his office, and shall moreover enter into a bond for five hundred dollars with good and sufficient securities, to be approved by the Council ― conditioned to pay all money collected by him as Wharf Master to the City Treasurer, and faithfully and impartially to discharge the duties of his office, as required by this ordinance.

SEC. 10. Be it further ordained, That the Wharf Master may receive orders on the Treasury of the city of Covington of persons offering the same in payment of wharfage, but he shall in now wise purchase or buy such orders, or any obligation against the city with money that may come into his hands for wharfage, but shall pay the same as received to the Treasurer as aforesaid.

SEC. 11. Be it further ordained, That the Wharf Master shall have power, and it is hereby made his duty, to cause all steamboats, and other boats or rafts, to move or unship oars and lay in such manner, at any point of the said public landing, as in his discretion he shall deem best calculated for the convenience of all the crafts lying at, and occupying any of said landings; and he may at his discretion order off, or cause to be removed, all skiffs, canoes, rafts, &c., for the convenience of such boats, rafts, &c., as may be entitled to the use and occupancy of said landings. And for the purpose of suppressing all riots, disturbances and disorderly conduct, the Wharf Master shall be vested with the power and authority of a Police Officer of said city. ― And the said Wharf Master shall receive a compensation for his services of ten per cent from all monies collected by him for wharfage.

SEC. 12. Be it further ordained, That if any person or persons shall resist, or in any wise aid or abet in resisting the Wharf Master, while in the discharge of his duty as such, he or they on conviction thereof before the Mayor, shall be fined in any sum not exceeding sixteen dollars and sixty-six cents with costs of suit.

SEC. 13. Be it further ordained, That it shall be the duty of said wharf master to remove or cause to be removed all property or incumbrance that shall have remained upon any of the public landings of this city for the space of twenty-four hours, at the expense of the owners thereof, or of the person placing the same thereon; and if necessary to report the same to the Mayor, who shall issue process against the party or parties in default, and they shall be subject to the same forfeitures and penalties as prescribed in the 8th section of this ordinance: Provided, however, the Wharf Master may have discretionary power permit property to remain for a longer time on the wharf upon the owner or owners paying the same rates as rafts or coal boats are charged, to be estimated by the amount of feet front occupied by such property.

SEC. 14. Be it further ordained, That it shall be the duty of the Wharf Master to have and provide at all times room and opportunity for the landing and discharge of freights from steam boats, and to see that all the requirements of this ordinance are enforced.

SEC. 15. Be it further ordained, That all ordinances or parts of ordinances heretofore passed which conflict with the provisions of this ordinance be and are hereby repealed.

Dec 14-3t