reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-3. Transfer to Legislative Bodies of Cities in Lake County and St. Joseph County

Sec. 3. (a) This section applies to cities in the following counties:
(1) Lake County.
(2) St. Joseph County.
(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary:
(1) Board of tenant concerns (formerly governed by IC 18-7-11.5).
(2) Regulation of sewers and drains (formerly governed by IC 19-2-11).
(3) Department of waterworks (formerly governed by IC 19-3-27).
(4) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29).
(c) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the city of Gary, the city of Hammond, the city of South Bend, and the city of Mishawaka:
(1) Regulation of sewers and drains (formerly governed by IC 19-2-11).
(2) Department of waterworks (formerly governed by IC 19-3-27).
(3) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.142; P.L.170-2002, SEC.133; P.L.119-2012, SEC.169.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-4. Transfer to Legislative Bodies of Cities in Counties Other Than Marion County, Lake County, or St. Joseph County

Sec. 4. (a) This section applies to cities in counties other than the following counties:
(1) A county having a consolidated city.
(2) Lake County.
(3) St. Joseph County.
(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of each city having a population of more than fifty thousand (50,000):
(1) Regulation of sewers and drains (formerly governed by IC 19-2-11).
(2) Benefits for certain municipal utility employees (formerly governed by IC 19-3-29).
(c) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the legislative body of each city having a population of more than thirty-five thousand (35,000) and less than fifty thousand (50,000):
Regulation of sewers and drains (formerly governed by IC 19-2-11).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.143; P.L.119-2012, SEC.170; P.L.11-2023, SEC.114.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-5. Transfer to Legislative Body of Lake County

Sec. 5. (a) This section applies to Lake County.
(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the legislative body of the county:
(1) Frequency of salary payments (formerly governed by IC 17-3-73-2).
(2) Mileage allowances for deputy county auditors (formerly governed by IC 17-3-29-1).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.144; P.L.119-2012, SEC.171; P.L.24-2023, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-6. Transfer to County Executive of Allen County

Sec. 6. (a) This section applies to Allen County.
(b) Jurisdiction over the following local matters, which before the 1982 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county:
(1) Motor vehicles for the county surveyor (formerly governed by IC 17-3-69-1).
(2) County purchasing agency (formerly governed by IC 17-2-77).
(3) County data processing agency (formerly governed by IC 17-2-73 or IC 17-2-74).
(4) Natural beauty roads (formerly governed by IC 19-7-17.5).
(5) Building and minimum housing department of the county (formerly governed by IC 17-2-72.3).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by Acts 1982, P.L.127, SEC.8; P.L.12-1992, SEC.145; P.L.119-2012, SEC.172.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-7. Transfer to Legislative Body of St. Joseph County

Sec. 7. (a) This section applies to St. Joseph County.
(b) The legislative body of the county has jurisdiction over the county data processing agency (formerly governed by IC 17-2-74).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.146; P.L.119-2012, SEC.173; P.L.24-2023, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-8. Transfer to County Executive of Vanderburgh County

Sec. 8. (a) This section applies to Vanderburgh County.
(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county:
(1) County purchasing agency (formerly governed by IC 17-2-77).
(2) County data processing agency (formerly governed by IC 17-2-74).
(3) Control of county parks (formerly governed by IC 17-2-76).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.147; P.L.170-2002, SEC.134; P.L.119-2012, SEC.174.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-9. Transfer to County Executive of Certain Counties

Sec. 9. (a) This section applies to the following counties:
(1) Elkhart County.
(2) Madison County.
(3) Tippecanoe County.
(4) Delaware County.
(5) LaPorte County.
(6) Vigo County.
(b) Jurisdiction over the following local matters, which before the 1981 regular session of the general assembly have been subjects of statutory concern, is transferred to the executive of the county:
(1) County purchasing agency (formerly governed by IC 17-2-77).
(2) County data processing agency (formerly governed by IC 17-2-74).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.148; P.L.170-2002, SEC.135; P.L.119-2012, SEC.175.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-10. Transfer to County Executive of Porter County

Sec. 10. (a) This section applies to Porter County.
(b) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the executive of the county:
County purchasing agency (formerly governed by IC 17-2-77).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4. Amended by P.L.12-1992, SEC.149; P.L.170-2002, SEC.136; P.L.119-2012, SEC.176.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 3.5. Transfer of Jurisdiction From General Assembly to Local Legislative Authorities › 36-1-3.5-11. Counties Having One Second Class City and Populations Not More Than 105,000; Transfer to County Executive

Sec. 11. (a) This section applies to each county having a population of not more than one hundred five thousand (105,000) and only one (1) second class city.
(b) Jurisdiction over the following local matter, which before the 1981 regular session of the general assembly has been the subject of statutory concern, is transferred to the executive of the county: County data processing agency (formerly governed by IC 17-2-74).
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.17, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-1. Application of Chapter

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all units.
(b) Section 11 of this chapter does not apply to townships.
[Pre-Local Government Recodification Citations: Part new; 18-1-1.5-1 part; 18-1-1.5-1.5 part; 18-1-1.5-30 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-2. Establishment and Operation

Sec. 2. A unit may establish and operate a government.
[Pre-Local Government Recodification Citations: 18-1-1.5-2 part; 18-4-2-27 part; 18-4-2-32.6 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-3. Power to Sue and Be Sued

Sec. 3. A unit may sue and be sued.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(1); 18-3-1-21 part; 18-4-2-1 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-4. Corporate Seal

Sec. 4. A unit may have a corporate seal.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(2); 18-1-1.5-5(a) part; 18-3-1-21 part; 18-3-1-35 part; 18-4-1-4 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-5. Acquisition of Real and Personal Property

Sec. 5. (a) A unit may acquire by eminent domain or other means, and own interests in real and personal property.
(b) A municipality may exercise the powers in subsection (a), except for the power of eminent domain, within four (4) miles outside of its corporate boundaries. A municipality may not exercise the power of eminent domain outside of its corporate boundaries, unless a statute expressly provides otherwise.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(3); 18-1-1.5-5(a) part; 18-3-1-35 part; 18-3-1-45 part; 18-4-2-6 part; 18-4-2-7; 18-4-16-1; 18-5-10-4 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.277-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-6. Interests in Property; Use, Improvement, Lease, or Disposal

Sec. 6. A unit may use, improve, develop, insure, protect, maintain, lease, and dispose of its interests in property. A municipality may exercise the powers granted in this section within four (4) miles outside of its corporate boundaries.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(4); 18-1-1.5-14 part; 18-3-1-35 part; 18-3-1-45 part; 18-4-2-6 part; 18-4-2-29 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.277-2019, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-7. Contracts

Sec. 7. A unit may enter into contracts.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(5); 18-4-2-10.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-7.5. Environmentally Contaminated Real Estate; Agreement to Defend or Indemnify

Sec. 7.5. (a) This section applies to a transaction that involves a parcel of real estate that is owned or leased by a unit and the unit or a board, an agency, a department, a commission, or other division of the unit has determined in a resolution, an ordinance, a lease, a contract, or other written instrument that the parcel of real estate:
(1) may have environmental contamination:
(A) that occurred during or before the time the unit owned or leased the parcel of real estate; and
(B) for which the unit may be liable under applicable laws; and
(2) will be used in connection with an economic development project that will:
(A) promote opportunities for employment of the citizens of the unit;
(B) attract new business enterprises to the unit; or
(C) retain or expand a business enterprise within the unit.
(b) Except as provided in IC 26-2-5-1 and notwithstanding defenses available and immunity provided in IC 34-13-3, a unit may enter into a contract or lease that contains a provision, a clause, a covenant, a promise, or an agreement by the unit to defend or indemnify any person against any claim, cause of action, demand, cost, judgment, or other loss of any kind provided for under the terms of the contract.
(c) A unit may not indemnify a person against any claim, cause of action, demand, cost, judgment, or other loss resulting from environmental contamination of the parcel of real estate caused by the negligence or willful misconduct of the indemnified person occurring after the effective date of the indemnification.
(d) Nothing in this section may be construed to limit any rights that a unit may have to defend or indemnify a person under any other law.
As added by P.L.123-1996, SEC.18. Amended by P.L.1-1998, SEC.201.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-8. Payment of Debts

Sec. 8. A unit may pay debts.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(6); 18-4-2-4.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-9. Borrowing of Money; Requirements

Sec. 9. Subject to IC 5-1-11.5 and IC 5-11-1-4(c), a unit may borrow money.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(7); 18-3-1-27; 18-4-2-5.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.184-2015, SEC.12; P.L.244-2017, SEC.123.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-10. Acceptance of Donations

Sec. 10. A unit may accept donations of money or other property and execute any documents necessary to receive money or other property from the state or federal government or any other source.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(8); 18-1-1.5-2(15); 18-4-2-30.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-11. Ordinances

Sec. 11. A unit may adopt, codify, and enforce ordinances.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(9); 18-3-1-48 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-12. Attendance of Witnesses and Production of Documents at Meetings

Sec. 12. A unit may require the attendance of witnesses and the production of documents relevant to matters being considered at meetings of a department or agency.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(10); 18-4-3-11 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-13. Contempt and Disorder in Rooms of Department

Sec. 13. A unit may punish contempt and disorder in rooms of a department or agency.
[Pre-Local Government Recodification Citation: 18-1-1.5-2(11).]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-14. Employees; Employment and Discharge; Class Based on Merit and Qualification

Sec. 14. A unit may hire and discharge employees and establish a system of employment for any class of employees based on merit and qualification.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(12); 18-1-1.5-2(14); 18-3-1-34 part; 18-4-2-28.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-15. Compensation of Officers and Employees

Sec. 15. A unit may fix the level of compensation of its officers and employees.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(13); 18-4-2-14; 18-4-2-29 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-16. Ratification of Actions of Officers or Employees; Procedure

Sec. 16. A unit may ratify any action of the unit or its officers or employees if that action could have been approved in advance. Ratification of an action under this section must be made by the same procedure that would have been required for approval of the action in advance.
[Pre-Local Government Recodification Citations: 18-1-1.5-2(16); 18-4-2-32.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-17. Compromise of Claims Against Unit; Collecting Owed Money

Sec. 17. (a) A unit may compromise claims made against it.
(b) A unit or a person designated in writing by the unit may do the following:
(1) Collect any money that is owed to the unit.
(2) Compromise the amount of money owed to the unit.
(c) A unit shall determine the costs of collecting money under this section. The costs of collection, including reasonable attorney's fees, may be added to money that is owed and collected under this subsection.
(d) A unit or the unit's agent that collects money under this section shall deposit that money, less the costs of collection, in the account required by law.
[Pre-Local Government Recodification Citation: 18-1-1.5-3(a).]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.64-1989, SEC.2; P.L.57-1993, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-18. Repealed

[Pre-Local Government Recodification Citations: 18-1-1.5-5(a) part; 18-1-1.5-14 part; 18-5-10-4 part.]
As added by Acts 1980, P.L.211, SEC.1. Repealed by P.L.277-2019, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-19. Applicability of Parking Ordinances, Zoning Ordinances, and Other Requirements in Vanderburgh County

Sec. 19. (a) As used in this section, "subject property" refers to the property in Vanderburgh County within the Northwest Quarter of Section 26, Township 6 South, Range 10 West.
(b) An ordinance of a unit that regulates the parking of motor vehicles is not applicable within the subject property.
(c) A zoning ordinance of a unit is not applicable within the subject property.
(d) Any requirements for municipal roads or streets do not apply to a road or street within the subject property.
As added by P.L.195-2001, SEC.13. Amended by P.L.33-2003, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-20. Expenditures in Support of Military Facilities

Sec. 20. (a) This section does not apply to units located in a county for which the total amount of net property taxes allocated to all allocation areas or other tax increment financing areas established by a redevelopment commission, military base reuse authority, military base development authority, or another similar entity in the county in the preceding calendar year exceeded nineteen percent (19%) of the total net property taxes billed in the county in the preceding calendar year.
(b) As used in this section, "active military base" means an active military installation that is used for the deployment, redeployment, mobilization, concentration, movement, exercise, or training of active or reserve components of the armed forces of the United States or of active or reserve components of the Indiana National Guard or Indiana Air National Guard. The term also includes a military installation that is used for the design, construction, maintenance, and testing of electronic devices and ordnance.
(c) Upon appropriation by the fiscal body of a unit, the unit may expend money:
(1) in direct support of:
(A) an active military base located within the unit; or
(B) an entity located within:
(i) the territory or facilities of a military base or former military base within the unit that is scheduled for closing or is completely or partially inactive or closed; or
(ii) any territory or facilities of the United States Department of Defense within the unit that are scheduled for closing or are completely or partially inactive or closed;
including direct support for the promotion of the active military base or entity, the growth of the active military base or entity, and activities at the active military base or entity; and
(2) in support of any other entity that provides services or direct support to an active military base or entity described in subdivision (1).
As added by P.L.95-2014, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-21. Placement or Display of Political Materials on Political Subdivision Property

Sec. 21. If a political subdivision permits or authorizes the placement or display of materials:
(1) advocating the election or defeat of a candidate or public question; or
(2) supporting or opposing a political party;
on the real or personal property of the political subdivision, the political subdivision must permit the placement or display of these materials from any person on that real or personal property subject to the same time, place, and manner restrictions.
As added by P.L.149-2016, SEC.92.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 4. General Corporate Powers › 36-1-4-22. "License Bond"; Conditions for Sufficiency; Filing Copy With Political Subdivision

Sec. 22. (a) As used in this section, "license bond" refers to a surety bond required by a political subdivision as a condition that the political subdivision issue a license or a permit to a person.
(b) If a political subdivision requires a person to post a license bond, a surety bond posted by the person is considered sufficient if the following conditions are satisfied:
(1) The bond is written by a surety company authorized to transact business in Indiana.
(2) The obligation on the bond is for an amount that is at least the amount required by the political subdivision for the issuance of the particular license or permit. A political subdivision may not require the obligation on a license bond to be more than fifteen thousand dollars ($15,000).
(3) The obligee or obligees named on the bond are any of the following:
(A) The political subdivision that requires the license bond.
(B) Specifically named political subdivisions in the county that include the name of the political subdivision that requires the license bond.
(C) All political subdivisions in the county in which the political subdivision that requires the license bond is located.
(D) All political subdivisions of the same kind as the political subdivision that requires the license bond located in the county.
(4) The conditions of the bond otherwise comply with the requirements of the ordinance that imposes the license bond condition.
(c) A person required to post a license bond satisfies the posting requirement if the person files a copy of the license bond with the political subdivision or appropriate agency of the political subdivision that requires the license bond. A political subdivision may not require that the person record the license bond.
As added by P.L.123-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-1. Application of Chapter

Sec. 1. This chapter applies to all units except townships.
[Pre-Local Government Recodification Citations: Part new; 18-5-12-1 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-2. Repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-1-28-10(d) part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.11, SEC.134. Repealed by P.L.213-1986, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-3. Compilation of Code

Sec. 3. The legislative body of a unit shall codify, revise, rearrange, or compile the ordinances of the unit into a complete, simplified code excluding formal parts of the ordinances.
[Pre-Local Government Recodification Citations: 18-5-12-1 part; 18-5-12-4.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-4. Incorporation of Material Into Ordinance or Code by Reference; Procedure

Sec. 4. The legislative body of a unit may incorporate by reference into an ordinance or code any material. The ordinance or code must state that two (2) copies of the material are on file in the office of the clerk for the legislative body for public inspection, and the copies must be on file as stated for public inspection.
[Pre-Local Government Recodification Citations: 18-5-12-2; 18-5-12-6 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-5. Printed Code Constitutes Presumptive Evidence

Sec. 5. A printed code that has taken effect constitutes presumptive evidence in any legal proceeding:
(1) of the provisions of the code;
(2) of the date of adoption of the code;
(3) that the code has been properly signed, attested, recorded, and approved; and
(4) that any public hearings required have been held, with any notices required given.
[Pre-Local Government Recodification Citation: 18-5-12-3 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 5. Codification of Ordinances › 36-1-5-6. Restated or Reenacted Provision of Original Ordinance

Sec. 6. If the legislative body determines, and declares in a provision of a code, that the provision is a restatement or reenactment of an original ordinance or amendment thereof, then the legal conditions for the effectiveness of an original ordinance need not be met. Such a restated or reenacted provision shall be considered reordained by the adoption of the code.
[Pre-Local Government Recodification Citation: 18-5-12-5.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-3. Proceeding to Enforce Ordinance; Law Applicable

Sec. 3. (a) Certain ordinances may be enforced by a municipal corporation without proceeding in court through:
(1) an admission of violation before the violations clerk under IC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforce an ordinance must be brought in accordance with IC 34-28-5, section 4 of this chapter, or both.
(c) An ordinance defining a moving traffic violation may not be enforced under IC 33-36 and must be enforced in accordance with IC 34-28-5.
[Pre-Local Government Recodification Citations: 17-2-2.5-9(b); 18-1-14-13; 18-1-14-14 part; 18-3-1-49 part; 18-3-1-54 part; 18-5-12.5-1(b).]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.108, SEC.39; P.L.177-1988, SEC.8; P.L.130-1991, SEC.35; P.L.1-1998, SEC.202; P.L.98-2004, SEC.159.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-4. Civil Action by Municipal Corporation; Action by Court

Sec. 4. (a) A municipal corporation may bring a civil action as provided in IC 34-28-5-1 if a person:
(1) violates an ordinance regulating or prohibiting a condition or use of property; or
(2) engages in conduct without a license or permit if an ordinance requires a license or permit to engage in the conduct.
(b) A court may take any appropriate action in a proceeding under this section, including any of the following actions:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing a continuous enforcement order (as defined in IC 36-7-9-2).
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering a property vacated.
(7) Ordering a structure demolished.
(8) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees in accordance with IC 33-37-4-2 and IC 33-37-5.
(10) Ordering a defendant to take appropriate action to bring a property into compliance with an ordinance within a specified time.
(11) Ordering a municipal corporation to take appropriate action to bring a property into compliance with an ordinance in accordance with IC 36-1-6-2.
[Pre-Local Government Recodification Citations: 18-1-1.5-5(c); 18-4-2-26 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.194-2007, SEC.9; P.L.88-2009, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-5. Repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-9(a); 18-1-14-14 part; 18-3-1-54 part; 18-5-12.5-1(a).]
As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-6. Repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-9(c); 18-5-12.5-2.]
As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-7. Repealed

[Pre-Local Government Recodification Citations: 9-4-1-131 part; 17-2-2.5-9(d); 18-5-12.5-3.]
As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-8. Repealed

[Pre-Local Government Recodification Citations: 17-2-2.5-9(e); 18-5-12.5-4.]
As added by Acts 1980, P.L.211, SEC.1. Repealed by Acts 1981, P.L.108, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-9. Enforcement of Ordinances Through Administrative Proceedings; Appeal

Sec. 9. (a) The legislative body of a county or municipality may adopt an ordinance providing that certain other ordinances may be enforced through a proceeding before an administrative body of the county or municipality.
(b) An ordinance adopted under subsection (a) must designate the following:
(1) The ordinances that may be enforced through an administrative proceeding.
(2) The administrative body before which the proceeding may be brought.
(c) An ordinance may not be designated under subsection (b) for enforcement through an administrative proceeding unless the ordinance restricts or prohibits actions harmful to the land, air, or water, governs use of the public way, or governs the standing or parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than a fine in an amount within the limit set forth in IC 36-1-3-8(a)(10).
(e) A person who receives a penalty under subsection (d) may appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the proceeding is brought by a county; or
(2) the county in which the municipality is located if the proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a penalty must be filed not more than sixty (60) days after the day on which the order is entered.
As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992, SEC.8; P.L.308-1995, SEC.1; P.L.149-2016, SEC.93.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-10. Establishing Election Districts; Effect of Order or Ordinance on Right of Incumbent to Continue to Serve in Office

Sec. 10. (a) This section applies to:
(1) an ordinance adopted by a unit; or
(2) an order adopted by a county redistricting commission under IC 36-2-2 or IC 36-2-3;
to establish executive, fiscal, or legislative body election districts within the unit.
(b) Except as otherwise provided in the ordinance or order, the ordinance or order takes effect immediately upon passage. However, a previously adopted ordinance or order establishing election districts remains in effect for the purpose of filling a vacancy in the executive, fiscal, or legislative body until the expiration of the term of that office.
(c) A reference in the ordinance or order to the boundary of a political subdivision, a precinct boundary, or an election district boundary refers to the precinct or boundary as the precinct or boundary existed on the date of adoption of the ordinance or order. A change in the boundary of a political subdivision, precinct, or election district following the date of adoption of the ordinance or order does not alter the boundaries of the election districts established by the ordinance or order.
(d) The adoption of an ordinance or order does not affect the right of an individual serving as a member of the executive, fiscal, or legislative body of the unit to continue to serve in office until the expiration of the member's current term specified under state law.
As added by P.L.3-1995, SEC.152. Amended by P.L.3-1997, SEC.449; P.L.176-1999, SEC.131; P.L.169-2015, SEC.170.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 6. Enforcement of Ordinance › 36-1-6-11. Notices to Department of Environmental Management Concerning Environmental Restrictive Ordinances; Waiver of Notice; Ordinance Must State Notice Requirements, but Is Not Void for Failure to State

Sec. 11. (a) Subject to subsection (e), the legislative body of a municipal corporation shall:
(1) subject to subsection (b), give written notice to the department of environmental management not later than sixty (60) days before amendment or repeal of an environmental restrictive ordinance; and
(2) give written notice to the department of environmental management not later than thirty (30) days after passage, amendment, or repeal of an environmental restrictive ordinance.
(b) Upon written request by the legislative body, the department of environmental management may waive the notice requirement of subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of subsection (a).
(d) The failure of an environmental restrictive ordinance to comply with subsection (c) does not void the ordinance.
(e) The notice requirements of subsection (a) apply only if the municipal corporation received under IC 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in subsection (a) as part of a risk based remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or IC 13-25-5.
As added by P.L.78-2009, SEC.22. Amended by P.L.159-2011, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-1. Application of Chapter

Sec. 1. This chapter applies to the following:
(1) The state.
(2) All political subdivisions.
(3) All state agencies.
(4) Any of the following created or authorized by state law:
(A) Public instrumentalities.
(B) Public corporate bodies.
(5) Another state to the extent authorized by the law of that state.
(6) Political subdivisions of states other than Indiana, to the extent authorized by laws of the other states.
(7) Agencies of the federal government, to the extent authorized by federal laws.
(8) Indiana charter schools.
(9) A federally recognized Indian tribe, to the extent authorized by the law of the tribe.
[Pre-Local Government Recodification Citations: 17-4-18-3 part; 17-4-18-4 part; 18-5-1-3; 18-5-1-4(a) part; 18-5-1.5-2(a); 18-5-2-1 part; 19-5-25-1 part.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.5-1993, SEC.336; P.L.221-2007, SEC.24; P.L.38-2014, SEC.11; P.L.108-2019, SEC.244; P.L.26-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-2. Permissible Powers

Sec. 2. (a) A power that may be exercised by an Indiana political subdivision and by one (1) or more other governmental entities may be exercised:
(1) by one (1) or more entities on behalf of others; or
(2) jointly by the entities.
Entities that want to do this must, by ordinance or resolution, enter into a written agreement under section 3 or 9 of this chapter.
(b) Notwithstanding subsection (a), Indiana governmental entities that want only to buy, sell, or exchange services, supplies, or equipment between or among themselves may enter into contracts to do this and follow section 12 of this chapter.
[Pre-Local Government Recodification Citations: 17-4-18-3 part; 17-4-18-4 part; 18-5-1-4(a); 18-5-1-4(b); 18-5-1.5-3(a); 18-5-1.5-3(b); 18-5-1.5-7; 18-5-2-1 part; 19-5-25-1 part; Acts 1971, P.L.300, SECTION 3; Acts 1972, P.L.137, SECTION 2.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-3. Agreements; Contents; Powers Under Agreements

Sec. 3. (a) An agreement under this section must provide for the following:
(1) Its duration.
(2) Its purpose.
(3) The manner of financing, staffing, and supplying the joint undertaking and of establishing and maintaining a budget therefor.
(4) The methods that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination.
(5) Administration through:
(A) a separate legal entity, the nature, organization, composition, and powers of which must be provided; or
(B) a joint board composed of representatives of the entities that are parties to the agreement, and on which all parties to the agreement must be represented.
(6) The manner of acquiring, holding, and disposing of real and personal property used in the joint undertaking, whenever a joint board is created under subdivision (5)(B).
In addition, such an agreement may provide for any other appropriate matters.
(b) A separate legal entity or joint board established by an agreement under this section has only the powers delegated to it by the agreement. The agreement may not provide for members, directors, or trustees of the separate legal entity or joint board to make appointments (either individually or jointly) to fill vacancies on the separate legal entity or joint board.
(c) Subsection (a)(6) does not apply to an emergency management assistance compact under IC 10-14-5.
[Pre-Local Government Recodification Citations: 18-5-1-4(c); 18-5-1-4(d); 18-5-1.5-3(c) part; 18-5-1.5-5.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.56-1988, SEC.11; P.L.30-1998, SEC.3; P.L.2-2003, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-4. Agreements; When Attorney General's Approval Required

Sec. 4. (a) If an agreement under section 3 of this chapter:
(1) involves as parties:
(A) only Indiana political subdivisions; or
(B) an Indiana political subdivision and:
(i) a public instrumentality; or
(ii) a public corporate body;
created or authorized by state law;
(2) is approved by the fiscal body of each party that is an Indiana political subdivision either before or after the agreement is entered into by the executive of the party; and
(3) delegates to the treasurer or disbursing officer of one (1) of the parties that is an Indiana political subdivision the duty to receive, disburse, and account for all monies of the joint undertaking;
then the approval of the attorney general is not required.
(b) This subsection does not apply to an agreement to which school corporations are the only parties. If subsection (a) does not apply, an agreement under section 3 of this chapter must be submitted to the attorney general for the attorney general's approval. The attorney general shall approve the agreement unless the attorney general finds that it does not comply with the statutes, in which case the attorney general shall detail in writing for the parties the specific respects in which the agreement does not comply. If the attorney general fails to disapprove the agreement within sixty (60) days after it is submitted to the attorney general, it is considered approved.
[Pre-Local Government Recodification Citations: 18-5-1-4(f); 18-5-1.5-2(a); 18-5-1.5-3(c)(4) part; 18-5-1.5-3(d).]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.221-2007, SEC.25; P.L.233-2015, SEC.327; P.L.26-2020, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-5. Agreements; Approval of State Officer or State Agency Having Power to Control Services or Facilities; Reciprocal Borrowing Agreements

Sec. 5. (a) Except as provided in subsection (b) and regardless of the requirements of section 4 of this chapter, if an agreement under section 3 of this chapter concerns the provision of services or facilities that a state officer or state agency has power to control, the agreement must be submitted to that officer or agency for approval before it takes effect.
(b) If a reciprocal borrowing agreement under section 3 of this chapter concerns the provision of library services or facilities between public libraries that are of the same nature as the services provided under the statewide library card program under IC 4-23-7.1-5.1, the reciprocal borrowing agreement is not required to be submitted to the Indiana library and historical board for approval before the reciprocal borrowing agreement takes effect, but a copy of the reciprocal borrowing agreement shall be submitted to the state library.
(c) Approval or disapproval is governed by the same provisions prescribed by section 4(b) of this chapter for the attorney general.
[Pre-Local Government Recodification Citation: 18-5-1-6.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.37-1993, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-6. Agreements; Recording; Filing

Sec. 6. Before it takes effect, an agreement under section 3 of this chapter must be recorded with the county recorder. Not later than sixty (60) days after it takes effect, such an agreement must be filed with the state board of accounts for audit purposes.
[Pre-Local Government Recodification Citations: 18-5-1-5 part; 18-5-1.5-3(e); 18-5-1.5-3(f).]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-7. Agreements; Law Enforcement or Firefighting Services

Sec. 7. (a) Except as provided in subsection (c), if an agreement under section 3 of this chapter concerns the provision of law enforcement or firefighting services, the following provisions apply:
(1) Visiting law enforcement officers or firefighters have the same powers and duties as corresponding personnel of the entities they visit, but only for the period they are engaged in activities authorized by the entity they are visiting, and are subject to all provisions of law as if they were providing services within their own jurisdiction.
(2) An entity providing visiting personnel remains responsible for the conduct of its personnel, for their medical expenses, for worker's compensation, and if the entity is a volunteer fire department, for all benefits provided by IC 36-8-12.
(b) A law enforcement or fire service agency of a unit or of the state may request the assistance of a law enforcement or fire service agency of another unit, even if no agreement for such assistance is in effect. In such a case, subsection (a)(1) and (a)(2) apply, the agency requesting assistance shall pay all travel expenses, and all visiting personnel shall be supervised by the agency requesting assistance.
(c) This subsection applies to a law enforcement officer that visits another state after a request for assistance from another state under the emergency management compact is made under IC 10-14-5. A law enforcement officer that visits another state does not have the power of arrest unless the law enforcement officer is specifically authorized to exercise the power by the receiving state.
[Pre-Local Government Recodification Citations: subsection (a) formerly 18-5-1-4.5; subsection (b) formerly 17-3-6.5-1; 17-3-6.5-2; 17-3-6.5-3; 17-3-6.5-4; 18-5-1.5-6.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.28-1988, SEC.115; P.L.229-1996, SEC.1; P.L.30-1998, SEC.4; P.L.1-1999, SEC.80; P.L.2-2003, SEC.100.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-8. Interstate Compact

Sec. 8. If any entities of other jurisdictions are parties to an agreement under section 3 of this chapter, the agreement constitutes an interstate compact. However, in a case or controversy involving such an agreement, all parties to the agreement shall be considered real parties in interest; and if the state suffers any damages or incurs any liability as a result of being joined as a party in such a case or controversy, it may bring an action against any entity causing the state to suffer damages or incur liability.
[Pre-Local Government Recodification Citation: 18-5-1-5 part.]
As added by Acts 1980, P.L.211, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 1. General Provisions › Chapter 7. Interlocal Cooperation › 36-1-7-9. Agreements Between Municipality and County; Contents

Sec. 9. (a) This section may be used only for an agreement between an Indiana municipality and the executive of the county in which it is located concerning highway construction and maintenance and related matters.
(b) An agreement under this section must provide for the following:
(1) Its duration, which may not be more than four (4) years.
(2) The specific functions and services to be performed or furnished by the county on behalf of the municipality.
In addition, such an agreement may provide for any other appropriate matters.
(c) An agreement under this section may provide for either of the following:
(1) A stipulation that distributions from the motor vehicle highway account under IC 8-14-1, the local road and street account under IC 8-14-2, or both, be made to the county rather than to the municipality.
(2) A stipulation that the municipality will appropriate a specified part of those distributions for purposes listed in the agreement.
[Pre-Local Government Recodification Citations: 19-5-25-1; 19-5-25-3.]
As added by Acts 1980, P.L.211, SEC.1.