§ 36-5-2-10 — Ordinance, order, or resolution adoption; requirements

Indiana § 36-5-2-10

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 5: GOVERNMENT OF TOWNS
• Ch. 2: Town Legislative Body and Executive

Text

(a) An ordinance, order, or resolution passed
by the legislative body is considered adopted when it is signed by the
executive. If required by statute, an adopted ordinance, order, or
resolution must be promulgated or published before it takes effect.
(b) 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 (c); or
(2) it declares an emergency requiring its immediate effectiveness
and is posted in:
(A) one (1) public place in each district in the town; or
(B) a number of public places in the town equal to the number
of town legislative body members, if the town has abolished
legislative body districts under section 4.1 of this chapter.
(c) Except as provided in subsection (e), if a town 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.
(d) This section (other than subsection (f)) 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.
(e) 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).
(f) Subject to subsection (j), the legislative body shall:
(1) subject to subsection (g), 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.
(g) Upon written request by the legislative body, the department of
environmental management may waive the notice requirement of
subsection (f)(1).
(h) An environmental restrictive ordinance passed or amended after
2009 by the legislative body must state the notice requirements of
subsection (f).
(i) The failure of an environmental restrictive ordinance to comply
with subsection (h) does not void the ordinance.
(j) The notice requirements of subsection (f) 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 (f) 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 Citation: 18-3-1-48
part.]
As added by Acts 1980, P.L.212, SEC.4. Amended by Acts
1980, P.L.73, SEC.18; P.L.335-1985, SEC.38; P.L.7-1990, SEC.64;
P.L.100-2003, SEC.3; P.L.78-2009, SEC.26; P.L.159-2011, SEC.47;
P.L.105-2013, SEC.3.