IC 36-2-4-1 Application of chapter
Sec. 1. This chapter applies to all counties not having a
consolidated city. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-2 Adoption of ordinance, order, resolution, or motion
Sec. 2. A county executive or county fiscal body adopting an
ordinance, order, resolution, or motion for the government of the
county or the transaction of county business must comply with this
chapter. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.148.
IC 36-2-4-3 Quorum
Sec. 3. (a) A majority of all the elected members constitutes a
quorum, except as provided by subsection (b).
(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt a
rule specifying that a certain number of members greater than a
majority constitutes a quorum. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
IC 36-2-4-4 Majority vote; two-thirds vote
Sec. 4. (a) A requirement that an ordinance, resolution, or other
action be passed by a majority vote means at least a majority vote of
all the elected members.
(b) A requirement that an ordinance, resolution, or other action be
passed by a two-thirds (2/3) vote means at least a two-thirds (2/3)
vote of all the elected members. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-5 Majority vote required to pass ordinance
Sec. 5. A majority vote is required to pass an ordinance, unless a
greater vote is required by statute. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-6 Disagreements on question; continuance
Sec. 6. If only two (2) members of a county executive are present
at a meeting of the executive, and they disagree on a question that is
before the executive, the question shall be continued until the next
meeting.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-7 Consent to pass ordinance; inapplicability to additional
appropriations and zoning ordinances
Sec. 7. (a) This section does not apply to:
(1) an ordinance of a county fiscal body for additional
appropriations; or
(2) a zoning ordinance or amendment to a zoning ordinance that
is adopted under IC 36-7.
(b) Unanimous consent of the members present is required to pass
an ordinance on the same day or at the same meeting at which it is
introduced. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985,
SEC.31.
IC 36-2-4-8 Adoption and effective date of ordinance, order, or resolution;
requirements
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;
(B) neither approved nor vetoed by a majority of the
executive, 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) 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, 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 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). 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.
IC 36-2-4-9 Recording of ordinance; effect
Sec. 9. Within a reasonable time after an ordinance is adopted, the
county auditor shall record it in a book kept for that purpose. The
record must include the signature of the presiding officer and the
attestation of the auditor. The record, or a certified copy of the
record, is presumptive evidence that the ordinance was adopted and
took effect. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-4-10 Meetings; rules
Sec. 10. A county executive or county fiscal body may adopt rules
for the transaction of business at its meetings. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-11 Seal
Sec. 11. A county executive shall use a common seal. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-1 Application of chapter
Sec. 1. This chapter applies to all counties not having a
consolidated city. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-2 Adoption of ordinance, order, resolution, or motion
Sec. 2. A county executive or county fiscal body adopting an
ordinance, order, resolution, or motion for the government of the
county or the transaction of county business must comply with this
chapter. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.148.
IC 36-2-4-3 Quorum
Sec. 3. (a) A majority of all the elected members constitutes a
quorum, except as provided by subsection (b).
(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt a
rule specifying that a certain number of members greater than a
majority constitutes a quorum. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
IC 36-2-4-4 Majority vote; two-thirds vote
Sec. 4. (a) A requirement that an ordinance, resolution, or other
action be passed by a majority vote means at least a majority vote of
all the elected members.
(b) A requirement that an ordinance, resolution, or other action be
passed by a two-thirds (2/3) vote means at least a two-thirds (2/3)
vote of all the elected members. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-5 Majority vote required to pass ordinance
Sec. 5. A majority vote is required to pass an ordinance, unless a
greater vote is required by statute. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-6 Disagreements on question; continuance
Sec. 6. If only two (2) members of a county executive are present
at a meeting of the executive, and they disagree on a question that is
before the executive, the question shall be continued until the next
meeting.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-7 Consent to pass ordinance; inapplicability to additional
appropriations and zoning ordinances
Sec. 7. (a) This section does not apply to:
(1) an ordinance of a county fiscal body for additional
appropriations; or
(2) a zoning ordinance or amendment to a zoning ordinance that
is adopted under IC 36-7.
(b) Unanimous consent of the members present is required to pass
an ordinance on the same day or at the same meeting at which it is
introduced. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985,
SEC.31.
IC 36-2-4-8 Adoption and effective date of ordinance, order, or resolution;
requirements
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;
(B) neither approved nor vetoed by a majority of the
executive, 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) 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, 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 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). 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.
IC 36-2-4-9 Recording of ordinance; effect
Sec. 9. Within a reasonable time after an ordinance is adopted, the
county auditor shall record it in a book kept for that purpose. The
record must include the signature of the presiding officer and the
attestation of the auditor. The record, or a certified copy of the
record, is presumptive evidence that the ordinance was adopted and
took effect. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-4-10 Meetings; rules
Sec. 10. A county executive or county fiscal body may adopt rules
for the transaction of business at its meetings. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-11 Seal
Sec. 11. A county executive shall use a common seal. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-1 Application of chapter
Sec. 1. This chapter applies to all counties not having a
consolidated city. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-2 Adoption of ordinance, order, resolution, or motion
Sec. 2. A county executive or county fiscal body adopting an
ordinance, order, resolution, or motion for the government of the
county or the transaction of county business must comply with this
chapter. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.148.
IC 36-2-4-3 Quorum
Sec. 3. (a) A majority of all the elected members constitutes a
quorum, except as provided by subsection (b).
(b) A county fiscal body may, by a two-thirds (2/3) vote, adopt a
rule specifying that a certain number of members greater than a
majority constitutes a quorum. As added by Acts 1980, P.L.212, SEC.1. Amended by Acts 1981,
P.L.11, SEC.149; Acts 1981, P.L.17, SEC.14.
IC 36-2-4-4 Majority vote; two-thirds vote
Sec. 4. (a) A requirement that an ordinance, resolution, or other
action be passed by a majority vote means at least a majority vote of
all the elected members.
(b) A requirement that an ordinance, resolution, or other action be
passed by a two-thirds (2/3) vote means at least a two-thirds (2/3)
vote of all the elected members. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-5 Majority vote required to pass ordinance
Sec. 5. A majority vote is required to pass an ordinance, unless a
greater vote is required by statute. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-6 Disagreements on question; continuance
Sec. 6. If only two (2) members of a county executive are present
at a meeting of the executive, and they disagree on a question that is
before the executive, the question shall be continued until the next
meeting.
As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-7 Consent to pass ordinance; inapplicability to additional
appropriations and zoning ordinances
Sec. 7. (a) This section does not apply to:
(1) an ordinance of a county fiscal body for additional
appropriations; or
(2) a zoning ordinance or amendment to a zoning ordinance that
is adopted under IC 36-7.
(b) Unanimous consent of the members present is required to pass
an ordinance on the same day or at the same meeting at which it is
introduced. As added by Acts 1980, P.L.212, SEC.1. Amended by P.L.335-1985,
SEC.31.
IC 36-2-4-8 Adoption and effective date of ordinance, order, or resolution;
requirements
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;
(B) neither approved nor vetoed by a majority of the
executive, 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) 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, 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 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). 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.
IC 36-2-4-9 Recording of ordinance; effect
Sec. 9. Within a reasonable time after an ordinance is adopted, the
county auditor shall record it in a book kept for that purpose. The
record must include the signature of the presiding officer and the
attestation of the auditor. The record, or a certified copy of the
record, is presumptive evidence that the ordinance was adopted and
took effect. As added by Acts 1980, P.L.212, SEC.1. IC 36-2-4-10 Meetings; rules
Sec. 10. A county executive or county fiscal body may adopt rules
for the transaction of business at its meetings. As added by Acts 1980, P.L.212, SEC.1.
IC 36-2-4-11 Seal
Sec. 11. A county executive shall use a common seal. As added by Acts 1980, P.L.212, SEC.1.
