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 that
they need for the effective operation of government as to local
affairs. 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 a
power 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 be
resolved in favor of its existence. This rule applies even though a
statute granting the power has been repealed.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 powers
expressly 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 its
affairs, even though not granted by statute.
(c) The powers that units have under subsection (b)(1) are listed
in various statutes. However, these statutes do not list the powers that
units have under subsection (b)(2); therefore, the omission of a
power 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 may
exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by
statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if
another unit in which all or part of the township is located exercises
that 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 statutory
provision; ordinance; resolution
Sec. 6. (a) If there is a constitutional or statutory provision
requiring a specific manner for exercising a power, a unit wanting to
exercise the power must do so in that manner.
(b) If there is no constitutional or statutory provision requiring a
specific manner for exercising a power, a unit wanting to exercise the
power must either:
(1) if the unit is a county or municipality, adopt an ordinance
prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a
specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as
follows:
(1) In a municipality, by the legislative body of the
municipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
legislative 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 the
legislative 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 the
exercise 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 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 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 order or conduct an election, except as
expressly granted by statute.
(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. 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 comprises
its territorial jurisdiction. However, a municipality has exclusive
jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys,
sidewalks, watercourses, sewers, drains, and public grounds inside
its corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipality
comprises its territorial jurisdiction, except to the extent that a statute
expressly authorizes the municipality to exercise a power in areas
outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise a
power in areas outside its corporate boundaries, the power may be
exercised:
(1) inside the corporate boundaries of another municipality,
only if both municipalities, by ordinance, enter into an
agreement under IC 36-1-7; or
(2) in a county other than the county in which the municipal
hall is located, but not inside the corporate boundaries of
another municipality, only if both the municipality and the other
county, by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reach
an agreement, either unit may petition the circuit or superior court of
the county to hear and determine the matters at issue. The clerk of
the 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 a
change of venue from the judge but not from the county. The
petitioning unit shall pay the costs of the action. As added by Acts 1980, P.L.211, SEC.1.
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 that
they need for the effective operation of government as to local
affairs. 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 a
power 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 be
resolved in favor of its existence. This rule applies even though a
statute 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 powers
expressly 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 its
affairs, even though not granted by statute.
(c) The powers that units have under subsection (b)(1) are listed
in various statutes. However, these statutes do not list the powers that
units have under subsection (b)(2); therefore, the omission of a
power 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 may
exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by
statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if
another unit in which all or part of the township is located exercises
that 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 statutory
provision; ordinance; resolution
Sec. 6. (a) If there is a constitutional or statutory provision
requiring a specific manner for exercising a power, a unit wanting to
exercise the power must do so in that manner.
(b) If there is no constitutional or statutory provision requiring a
specific manner for exercising a power, a unit wanting to exercise the
power must either:
(1) if the unit is a county or municipality, adopt an ordinance
prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a
specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as
follows:
(1) In a municipality, by the legislative body of the
municipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
legislative 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 the
legislative 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 the
exercise 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 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 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 order or conduct an election, except as
expressly granted by statute.
(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. 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 comprises
its territorial jurisdiction. However, a municipality has exclusive
jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys,
sidewalks, watercourses, sewers, drains, and public grounds inside
its corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipality
comprises its territorial jurisdiction, except to the extent that a statute
expressly authorizes the municipality to exercise a power in areas
outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise a
power in areas outside its corporate boundaries, the power may be
exercised:
(1) inside the corporate boundaries of another municipality,
only if both municipalities, by ordinance, enter into an
agreement under IC 36-1-7; or
(2) in a county other than the county in which the municipal
hall is located, but not inside the corporate boundaries of
another municipality, only if both the municipality and the other
county, by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reach
an agreement, either unit may petition the circuit or superior court of
the county to hear and determine the matters at issue. The clerk of
the 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 a
change of venue from the judge but not from the county. The
petitioning unit shall pay the costs of the action. As added by Acts 1980, P.L.211, SEC.1.
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 that
they need for the effective operation of government as to local
affairs. 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 a
power 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 be
resolved in favor of its existence. This rule applies even though a
statute 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 powers
expressly 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 its
affairs, even though not granted by statute.
(c) The powers that units have under subsection (b)(1) are listed
in various statutes. However, these statutes do not list the powers that
units have under subsection (b)(2); therefore, the omission of a
power 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 may
exercise any power it has to the extent that the power:
(1) is not expressly denied by the Indiana Constitution or by
statute; and
(2) is not expressly granted to another entity.
(b) A township may not exercise power the township has if
another unit in which all or part of the township is located exercises
that 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 statutory
provision; ordinance; resolution
Sec. 6. (a) If there is a constitutional or statutory provision
requiring a specific manner for exercising a power, a unit wanting to
exercise the power must do so in that manner.
(b) If there is no constitutional or statutory provision requiring a
specific manner for exercising a power, a unit wanting to exercise the
power must either:
(1) if the unit is a county or municipality, adopt an ordinance
prescribing a specific manner for exercising the power;
(2) if the unit is a township, adopt a resolution prescribing a
specific manner for exercising the power; or
(3) comply with a statutory provision permitting a specific
manner for exercising the power.
(c) An ordinance under subsection (b)(1) must be adopted as
follows:
(1) In a municipality, by the legislative body of the
municipality.
(2) In a county subject to IC 36-2-3.5 or IC 36-3-1, by the
legislative 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 the
legislative 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 the
exercise 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 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 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 order or conduct an election, except as
expressly granted by statute.
(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. 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 comprises
its territorial jurisdiction. However, a municipality has exclusive
jurisdiction over bridges (subject to IC 8-16-3-1), streets, alleys,
sidewalks, watercourses, sewers, drains, and public grounds inside
its corporate boundaries, unless a statute provides otherwise.
(b) The area inside the corporate boundaries of a municipality
comprises its territorial jurisdiction, except to the extent that a statute
expressly authorizes the municipality to exercise a power in areas
outside its corporate boundaries.
(c) Whenever a statute authorizes a municipality to exercise a
power in areas outside its corporate boundaries, the power may be
exercised:
(1) inside the corporate boundaries of another municipality,
only if both municipalities, by ordinance, enter into an
agreement under IC 36-1-7; or
(2) in a county other than the county in which the municipal
hall is located, but not inside the corporate boundaries of
another municipality, only if both the municipality and the other
county, by ordinance, enter into an agreement under IC 36-1-7.
(d) If the two (2) units involved under subsection (c) cannot reach
an agreement, either unit may petition the circuit or superior court of
the county to hear and determine the matters at issue. The clerk of
the 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 a
change of venue from the judge but not from the county. The
petitioning unit shall pay the costs of the action. As added by Acts 1980, P.L.211, SEC.1.
