§ 36-1-3-8 — Powers specifically withheld

Indiana § 36-1-3-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 3: Home Rule

Text

(a) Subject to subsection (b), a unit does not
have the following:
(1) The power to condition or limit its civil liability, except as
expressly granted by statute.
(2) The power to prescribe the law governing civil actions
between private persons.
(3) The power to impose duties on another political subdivision,
except as expressly granted by statute.
(4) The power to impose a tax, except as expressly granted by
statute.
(5) The power to impose a license fee greater than that reasonably
related to the administrative cost of exercising a regulatory power.
(6) The power to impose a service charge or user fee greater than
that reasonably related to reasonable and just rates and charges
for services.
(7) The power to regulate conduct that is regulated by a state
agency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting a
crime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for an
ordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for the violation
of an ordinance or a regulation concerning air emissions
adopted by a county that has received approval to establish an
air permit program under IC 13-17-12-6.
(B) For a violation of any other ordinance:
(i) more than two thousand five hundred dollars ($2,500) for
a first violation of the ordinance; and
(ii) except as provided in subsection (c), more than seven
thousand five hundred dollars ($7,500) for a second or
subsequent violation of the ordinance.
(11) The power to invest money, except as expressly granted by
statute.
(12) The power to adopt an ordinance, a resolution, or an order
concerning an election described by IC 3-5-1-2, or otherwise
conduct an election, except as expressly granted by statute. An
ordinance, a resolution, or an order concerning an election
described by IC 3-5-1-2 that was adopted before January 1, 2023,
is void unless a statute expressly granted the unit the power to
adopt the ordinance, resolution, or order.
(13) The power to adopt or enforce an ordinance described in
section 8.5 of this chapter.
(14) The power to take any action prohibited by section 8.6 of this
chapter.
(15) The power to dissolve a political subdivision, except:
(A) as expressly granted by statute; or
(B) if IC 36-1-8-17.7 applies to the political subdivision, in
accordance with the procedure set forth in IC 36-1-8-17.7.
(16) After June 30, 2019, the power to enact an ordinance
requiring a solid waste hauler or a person who operates a vehicle
in which recyclable material is transported for recycling to collect
fees authorized by IC 13-21 and remit the fees to:
(A) a unit; or
(B) the board of a solid waste management district established
under IC 13-21.
(b) A township does not have the following, except as expressly
granted by statute:
(1) The power to require a license or impose a license fee.
(2) The power to impose a service charge or user fee.
(3) The power to prescribe a penalty.
(c) Subsection (a)(10)(B)(ii) does not apply to the violation of an
ordinance that regulates traffic or parking.
[Pre-Local Government Recodification Citations: 17-2-2.5-3
part; 17-2-2.5-4 part; 18-1-1.5-1 part; 18-1-1.5-4; 18-1-1.5-13 part;
18-1-1.5-19 part; 18-1-1.5-20 part; 18-3-1-47 part; 18-3-1-49 part;
18-4-2-2 part; 18-4-2-3; 18-4-2-35(b); 18-4-2-35(c);
19-10-3-1.]
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts
1981, P.L.17, SEC.3; P.L.123-1987, SEC.2; P.L.3-1987, SEC.540;
P.L.3-1990, SEC.122; P.L.251-1993, SEC.4; P.L.164-1995, SEC.14;
P.L.1-1996, SEC.84; P.L.200-2005, SEC.4; P.L.13-2013, SEC.148;
P.L.150-2016, SEC.1; P.L.189-2016, SEC.5; P.L.19-2019, SEC.3;
P.L.4-2023, SEC.1.