Bill Text: IN HB1143 | 2013 | Regular Session | Introduced
Bill Title: Publication of town ordinances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-10 - First reading: referred to Committee on Local Government [HB1143 Detail]
Download: Indiana-2013-HB1143-Introduced.html
Citations Affected: IC 36-5-2-10.
Synopsis: Publication of town ordinances. Provides that if a town
publishes any of its ordinances in book or pamphlet form, no other
publication is required in order for the ordinance to take effect.
Provides that a town ordinance prescribing a penalty or forfeiture for
a violation takes effect two weeks after the publication of the book or
pamphlet.
Effective: July 1, 2013.
January 10, 2013, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless:
(1) it is published under
(2) it declares an emergency requiring its immediate effectiveness and is posted in:
(A) one (1) public place in each district in the town; or
(B) a number of public places in the town equal to the number of town legislative body members, if the town has abolished legislative body districts under section 4.1 of this chapter.
(c) Except as provided in subsection (e), if a town publishes any
of its ordinances in book or pamphlet form, no other publication is
required. If an ordinance prescribing a penalty or forfeiture for a
violation is published under this subsection, it takes effect two (2)
weeks after the publication of the book or pamphlet. Publication
under this subsection, if authorized by the legislative body,
constitutes presumptive evidence:
(1) of the ordinances in the book or pamphlet;
(2) of the date of adoption of the ordinances; and
(3) that the ordinances have been properly signed, attested,
recorded, and approved.
(c) (d) This section (other than subsection (e)) (f)) 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.
(d) (e) 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).
(e) (f) Subject to subsection (i), (j), the legislative body shall:
(1) subject to subsection (f), (g), 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
(2) 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.
(f) (g) Upon written request by the legislative body, the department
of environmental management may waive the notice requirement of
subsection (e)(1). (f)(1).
(g) (h) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements of
subsection (e). (f).
(h) (i) The failure of an environmental restrictive ordinance to
comply with subsection (g) (h) does not void the ordinance.
(i) (j) The notice requirements of subsection (e) (f) apply only if the
municipal corporation received under IC 13-25-5-8.5(f) written notice
that the department is relying on the environmental restrictive
ordinance referred to in subsection (e) (f) as part of a risk based
remediation proposal:
(1) approved by the department; and
(2) conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4, or
IC 13-25-5.
