CHAPTER 3. HOME RULE
IC 36-1-3
Chapter 3. Home Rule
IC 36-1-3-1
Application of chapter
Sec. 1. This chapter applies to all units.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993,SEC.1.
IC 36-1-3-2
Policy
Sec. 2. The policy of the state is to grant units all the powers thatthey need for the effective operation of government as to localaffairs.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-3-3
Rule of law; resolution of doubt as to existence of power of a unit
Sec. 3. (a) The rule of law that any doubt as to the existence of apower of a unit shall be resolved against its existence is abrogated.
(b) Any doubt as to the existence of a power of a unit shall beresolved in favor of its existence. This rule applies even though astatute granting the power has been repealed.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-3-4
Rule of law; powers of unit
Sec. 4. (a) The rule of law that a unit has only:
(1) powers expressly granted by statute;
(2) powers necessarily or fairly implied in or incident to powersexpressly granted; and
(3) powers indispensable to the declared purposes of the unit;
is abrogated.
(b) A unit has:
(1) all powers granted it by statute; and
(2) all other powers necessary or desirable in the conduct of itsaffairs, even though not granted by statute.
(c) The powers that units have under subsection (b)(1) are listedin various statutes. However, these statutes do not list the powers thatunits have under subsection (b)(2); therefore, the omission of apower from such a list does not imply that units lack that power.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-3-5
Powers of unit; exercise; township exception
Sec. 5. (a) Except as provided in subsection (b), a unit mayexercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or bystatute; and
(2) is not expressly granted to another entity. (b) A township may not exercise power the township has ifanother unit in which all or part of the township is located exercisesthat same power.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993,SEC.2.
IC 36-1-3-6
Specific manner for exercising a power; constitutional or statutoryprovision; ordinance; resolution
Sec. 6. (a) If there is a constitutional or statutory provisionrequiring a specific manner for exercising a power, a unit wanting toexercise the power must do so in that manner.
(b) If there is no constitutional or statutory provision requiring aspecific manner for exercising a power, a unit wanting to exercise thepower must either:
(1) if the unit is a county or municipality, adopt an ordinanceprescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing aspecific manner for exercising the power; or
(3) comply with a statutory provision permitting a specificmanner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted asfollows:
(1) In a municipality, by the legislative body of themunicipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by thelegislative body of the county.
(3) In any other county, by the executive of the county.
(d) A resolution under subsection (b)(2) must be adopted by thelegislative body of the township.
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981,P.L.17, SEC.2; P.L.251-1993, SEC.3.
IC 36-1-3-7
Review or regulation of exercise of power by a unit
Sec. 7. State and local agencies may review or regulate theexercise of powers by a unit only to the extent prescribed by statute.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-3-8
Powers specifically withheld
Sec. 8. (a) Subject to subsection (b), a unit does not have thefollowing:
(1) The power to condition or limit its civil liability, except asexpressly granted by statute.
(2) The power to prescribe the law governing civil actionsbetween 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 thatreasonably related to the administrative cost of exercising aregulatory power.
(6) The power to impose a service charge or user fee greaterthan that reasonably related to reasonable and just rates andcharges for services.
(7) The power to regulate conduct that is regulated by a stateagency, except as expressly granted by statute.
(8) The power to prescribe a penalty for conduct constituting acrime or infraction under statute.
(9) The power to prescribe a penalty of imprisonment for anordinance violation.
(10) The power to prescribe a penalty of a fine as follows:
(A) More than ten thousand dollars ($10,000) for theviolation of an ordinance or a regulation concerning airemissions adopted by a county that has received approval toestablish an air 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 seventhousand five hundred dollars ($7,500) for a second orsubsequent violation of the ordinance.
(11) The power to invest money, except as expressly granted bystatute.
(12) The power to order or conduct an election, except asexpressly granted by statute.
(b) A township does not have the following, except as expresslygranted 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 anordinance that regulates traffic or parking.
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.
IC 36-1-3-9
Territorial jurisdiction; exception; petition
Sec. 9. (a) The area inside the boundaries of a county comprisesits territorial jurisdiction. However, a municipality has exclusivejurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys,sidewalks, watercourses, sewers, drains, and public grounds insideits corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipalitycomprises its territorial jurisdiction, except to the extent that a statuteexpressly authorizes the municipality to exercise a power in areas
outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise apower in areas outside its corporate boundaries, the power may beexercised:
(1) inside the corporate boundaries of another municipality,only if both municipalities, by ordinance, enter into anagreement under IC 36-1-7; or
(2) in a county other than the county in which the municipalhall is located, but not inside the corporate boundaries ofanother municipality, only if both the municipality and the othercounty, by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reachan agreement, either unit may petition the circuit or superior court ofthe county to hear and determine the matters at issue. The clerk ofthe court shall issue notice to the other unit as in other civil actions,and the court shall hold the hearing without a jury. There may be achange of venue from the judge but not from the county. Thepetitioning unit shall pay the costs of the action.
As added by Acts 1980, P.L.211, SEC.1.