§ 36-3-4-14 — Ordinance or resolution adoption; requirements

Indiana § 36-3-4-14

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 3: GOVERNMENT OF INDIANAPOLIS AND
• Ch. 4: Legislative Bodies

Text

(a) An ordinance or resolution passed by a
legislative body is considered adopted when it is:
(1) signed by the presiding officer; and
(2) if subject to veto, either approved by the executive or passed
over the executive's veto by the legislative body, under section 16
of this chapter.
(b) All ordinances and resolutions of a legislative body are subject
to veto, except the following:
(1) An ordinance or resolution, or part of either, providing for the
budget or appropriating money for an office or officer of the
county provided for by the Constitution of Indiana or for a judicial
office or officer.
(2) An ordinance or resolution approving or modifying the budget
of a political subdivision that the legislative body is permitted by
statute to review.
(3) A resolution making an appointment that the legislative body
is authorized to make.
(4) A resolution selecting officers or employees of the legislative
body.
(5) A resolution prescribing rules for the internal management of
the legislative body.
(6) A zoning ordinance or amendment to a zoning ordinance, or
a resolution approving a comprehensive plan, that is adopted
under IC 36-7.
(c) An ordinance prescribing a penalty or forfeiture for a violation
must, before it takes effect, be published in the manner prescribed by
IC 5-3-1, unless:
(1) it is published under subsection (d); or
(2) there is an urgent necessity requiring its immediate
effectiveness, the executive proclaims the urgent necessity, and
copies of the ordinance are posted in three (3) public places in the
county.
(d) If a legislative body publishes any of its ordinances in book or
pamphlet form, no other publication is required. If an ordinance
prescribing a penalty or forfeiture for a violation is published under this
subsection, it takes effect two (2) weeks after the publication of the
book or pamphlet. Publication under this subsection, if authorized by
the legislative body, constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,
recorded, and approved.
(e) Unless a legislative body provides in an ordinance or resolution
for a later effective date, the ordinance or resolution takes effect when
it is adopted, subject to subsections (c) and (d).
(f) Subsections (a), (c), (d), and (e) do not apply to zoning
ordinances or amendments to zoning ordinances, or resolutions
approving comprehensive plans, that are adopted under IC 36-7.
(g) Subject to subsection (k), the legislative body shall:
(1) subject to subsection (h), 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.
(h) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (g)(1).
(i) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (g).
(j) The failure of an environmental restrictive ordinance to comply
with subsection (i) does not void the ordinance.
(k) The notice requirements of subsection (g) 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 (g) 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: subsection
(a) formerly 18-4-5-2(d) part; subsection (b) formerly 18-4-5-2(c);subsection (c) formerly 18-4-5-2(f) part; subsection (d) formerly
18-4-5-2(f) part; 18-4-5-2(h) part; subsection (e) formerly
18-4-5-2(f) part; subsection (f) formerly 18-4-5-2(g).]
As added by Acts 1980, P.L.212, SEC.2. Amended by
P.L.335-1985, SEC.34; P.L.78-2009, SEC.24; P.L.159-2011,
SEC.45.