§ 36-2-4-8 — Adoption and effective date of ordinance, order, or resolution; requirements

Indiana § 36-2-4-8

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 2: GOVERNMENT OF COUNTIES GENERALLY
• Ch. 4: Legislative Procedures

Text

Note: This version of section amended by P.L.22-2021, SEC.5,
effective 7-1-2019. See also following version of this section amended
by P.L.152-2021, SEC.39, effective 7-1-2021.
Sec. 8. (a) An ordinance, order, or resolution is
considered adopted when it is signed by the presiding officer. If
required, an adopted ordinance, order, or resolution must be
promulgated or published according to statute before it takes effect.
(b) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published once each week for two (2)
consecutive weeks, according to IC 5-3-1. However, if such an
ordinance is adopted by the legislative body of a county subject to IC 36-2-3.5 and there is an urgent necessity requiring its immediate
effectiveness, it need not be published if:
(1) the county executive proclaims the urgent necessity; and
(2) copies of the ordinance are posted in three (3) public places in
each of the districts of the county before it takes effect.
(c) The following apply in addition to the other requirements of this
section:
(1) An ordinance or resolution passed by the legislative body of
a county subject to IC 36-2-3.5 is considered adopted only if it is:
(A) approved by signature of a majority of the county executive
(in the case of a county subject to IC 36-2-3.5);
(B) neither approved nor vetoed by a majority of the executive
(in the case of a county subject to IC 36-2-3.5) within ten (10)
days after passage by the legislative body; or
(C) passed over the veto of the executive by a two-thirds (2/3)
vote of the legislative body, within sixty (60) days after
presentation of the ordinance or resolution to the executive.
(2) Subject to subsection (g), the legislative body of a county
shall:
(A) subject to subdivision (3), 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
(B) 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.
(3) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement
of subdivision (2)(A).
(4) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice
requirements of subdivision (2).
(5) The failure of an environmental restrictive ordinance to
comply with subdivision (4) does not void the ordinance.
(d) After an ordinance or resolution passed by the legislative body
of a county subject to IC 36-2-3.5 has been signed by the presiding
officer, the county auditor shall present it to the county executive, and
record the time of the presentation. Within ten (10) days after an
ordinance or resolution is presented to it, the executive shall:
(1) approve the ordinance or resolution, by signature of a majority
of the executive (in the case of a county subject to IC 36-2-3.5),
and send the legislative body a message announcing its approval;
or
(2) veto the ordinance or resolution, by returning it to the
legislative body with a message announcing its veto and stating
its reasons for the veto.
(e) This section (other than subsection (c)(2)) does not apply to a
zoning ordinance or amendment to a zoning ordinance, or a resolution
approving a comprehensive plan, that is adopted under IC 36-7.
(f) An ordinance increasing a building permit fee on new
development must:
(1) be published:
(A) one (1) time in accordance with IC 5-3-1; and
(B) not later than thirty (30) days after the ordinance is adopted
by the legislative body in accordance with IC 5-3-1; and
(2) delay the implementation of the fee increase for ninety (90)
days after the date the ordinance is published under subdivision
(1).
(g) The notice requirements of subsection (c)(2) 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 (c)(2) 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.
[Pre-Local Government Recodification Citations: 17-1-28-3
part; 17-1-28-10 part; 17-2-2.5-8 part.]
As added by Acts 1980, P.L.212, SEC.1. Amended by Acts
1981, P.L.11, SEC.150; P.L.192-1984, SEC.1; P.L.335-1985, SEC.32;
P.L.100-2003, SEC.1; P.L.78-2009, SEC.23; P.L.159-2011, SEC.44;
P.L.77-2014, SEC.20; P.L.278-2019, SEC.189; P.L.156-2020,
SEC.136; P.L.22-2021, SEC.5.