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.
[Pre-Local Government Recodification Citations: 17-2-2.5-1 part; 17-2-2.5-3 part; 18-1-1.5-1 part; 18-1-1.5-16 part; 18-1-1.5-19 part; 18-4-2-33 part; 18-5-10-2.]
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.251-1993, SEC.2.
Structure Indiana Code
36-1-3-1. Application of Chapter
36-1-3-3. Rule of Law; Resolution of Doubt as to Existence of Power of a Unit
36-1-3-4. Rule of Law; Powers of Unit
36-1-3-5. Powers of Unit; Exercise; Township Exception
36-1-3-7. Review or Regulation of Exercise of Power by a Unit
36-1-3-8. Powers Specifically Withheld
36-1-3-8.5. Ordinance Requiring Housing Program Participation Prohibited
36-1-3-8.6. Regulation of Reusable or Disposable Auxiliary Containers Prohibited; Exceptions
36-1-3-9. Territorial Jurisdiction; Exception; Petition
36-1-3-11.2. Fee Waiver for Occupational or Professional License