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. [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.