7-14-2805. Establishment and operation of public ferry or wharf by county upon its own motion. (1) Any county of the state may own and establish and the board of county commissioners of any county of the state may operate and manage free or toll ferries and wharves for the use of the public and may employ one or more individuals to operate the free or toll ferries and wharves.
     (2) While ferries or wharves are owned by a county and operated and managed by the board, the operation is expressly declared to be a governmental function.
     (3) The board may also lease any ferries or wharves owned by the county to a company, firm, or individual to be operated for the use of the public. A company, firm, or individual shall give a bond, in an amount considered sufficient by the board, conditioned for the careful and businesslike operation of the ferry or wharf in accordance with law and the regulations of the board. When a ferry or wharf is operated by a lessee of the county, the operation is the private function of the lessee.

     History: En. Sec. 4, Ch. 33, L. 1909; re-en. Sec. 4480, R.C.M. 1921; re-en. Sec. 4480, R.C.M. 1935; amd. Sec. 1, Ch. 38, L. 1943; R.C.M. 1947, 16-1119; amd. Sec. 599, Ch. 61, L. 2007.