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.
[Pre-Local Government Recodification Citations: 17-2-2.5-2 part; 17-2-2.5-7 part; 18-1-1.5-17; 18-4-2-32.6 part; 18-4-4-2(2); 18-4-5-5.]
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; P.L.77-2014, SEC.12; P.L.278-2019, SEC.181; P.L.22-2021, SEC.3.
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