Title 36, LOCAL GOVERNMENT

Sec. 12. "Upper level policymaking position" refers to the position held by the police chief or fire chief and to each position held by the members of the police department or fire department in: (1) the next rank and pay grade immediately below the chief, if the authorized size …

Sec. 13. "Americans with Disabilities Act" means the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and all applicable regulations and amendments, if any, related to the Act. As added by P.L.4-1992, SEC.21.

Sec. 2. "1925 fund" refers to a police pension fund established under IC 36-8-6. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.41.

Sec. 3. "1937 fund" refers to a firefighters' pension fund established under IC 36-8-7. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.42.

Sec. 4. "1953 fund" refers to the police pension fund established under IC 36-8-7.5. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.43. Amended by Acts 1982, P.L.77, SEC.10.

Sec. 5. "1977 fund" refers to the police officers' and firefighters' pension and disability fund established under IC 36-8-8. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.44.

Sec. 7. "Local board" means the board of trustees of a 1925, 1937, or 1953 fund. [Pre-Local Government Recodification Citations: 19-1-17.8-1 part; 19-1-36.5-1 part.] As added by Acts 1981, P.L.309, SEC.46.

Sec. 8. "Member of the fire department" means the fire chief or a firefighter appointed to the department. [Pre-Local Government Recodification Citations: 19-1-3-1 part; 19-1-36.5-1 part; 19-1-38-1.] As added by Acts 1981, P.L.309, SEC.47.

Sec. 9. (a) Except as provided in subsection (b), "member of the police department" means the police chief or a police officer appointed to the department. (b) "Member of the police department", for purposes of IC 36-8-4-7, does not include the police chief hired under a waiver u…

Sec. 9.5. "PERF" refers to the public employees' retirement fund established under IC 5-10.3-2-1. As added by P.L.85-2022, SEC.1.

Sec. 0.1. The addition of section 8.5 of this chapter by P.L.220-1986 does not affect a proposal initiated before September 1, 1986, to amend, repeal, or otherwise change a comprehensive plan or zoning ordinance under IC 36-7-4. Such a proposal may be considered, adopted, and app…

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.4. Amended by Acts 1981, P.L.309, SEC.67.

Sec. 10. (a) "Watercourse" includes lakes, rivers, streams, and any other body of water. (b) The term does not include an underground aquifer or water in an underground aquifer. As added by Acts 1982, P.L.77, SEC.26. Amended by P.L.87-2012, SEC.2.

Sec. 2. "Improvement" includes the construction, equipment, remodeling, extension, repair, and betterment of structures, including: (1) sanitary sewers and sanitary sewer tap-ins; (2) sidewalks; (3) curbs; (4) streets; (5) alleys; (6) pedestrian-ways or malls set aside entirely o…

Sec. 3. "Parking facility" includes the: (1) land; (2) structures and other improvements above, at, or below ground level; (3) entrances, exits, equipment, and fences; and (4) other accessories or appurtenances; that are necessary or desirable for safety and convenience in the of…

Sec. 4. "Public place" includes any tract owned by the state or a political subdivision. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.70.

Sec. 5. "Utility regulatory commission" means the Indiana utility regulatory commission. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.71. Amended by P.L.23-1988, SEC.118.

Sec. 5.5. "Public transportation agency" means any entity that operates a public transportation system and is established by a legislative body to provide public transportation services. As added by P.L.235-1997, SEC.1.

Sec. 6. "Public transportation system" means any common carrier of passengers for hire. [Pre-Local Government Recodification Citation: 19-5-2.5-2 part.] As added by Acts 1981, P.L.309, SEC.72.

Sec. 7. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.73.

Sec. 8. "Sewage works" means: (1) sewage treatment plants; (2) intercepting sewers; (3) main sewers; (4) submain sewers; (5) local sewers; (6) lateral sewers; (7) outfall sewers; (8) storm sewers; (9) force mains; (10) pumping stations; (11) ejector stations; (12) any other struc…

Sec. 8.5. "Thoroughfare" means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and…

Sec. 9. (a) "Urban mass transportation system" means a public transportation system that: (1) operates buses or other vehicles designed to carry more than six (6) passengers, exclusive of the driver; and (2) operates over designated and definite routes: (A) within one (1) municip…

Sec. 1. The definitions in IC 36-1-2 and in this chapter apply throughout this article. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.211, SEC.5. Amended by Acts 1981, P.L.309, SEC.107.

Sec. 2. "Park purposes" include the establishment, equipment, and operation of parks, boulevards, pleasure drives, parkways, wheelways, park boulevards, bridlepaths, playgrounds, playfields, bathhouses, comfort stations, swimming pools, community centers, recreation centers, othe…

Sec. 3. "Public way" includes highway, street, avenue, boulevard, road, lane, or alley. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.109.

Sec. 4. "Capital improvement" means the building, facilities, or improvements that a capital improvement board determines will be of general public benefit or welfare and will promote the cultural, recreational, public, or civic well-being of the community, including a convention…

Sec. 5. "Convention center" means a building or buildings containing facilities for meetings, conventions, commencements, convocations, sporting events, entertainment spectaculars, product displays, or other displays of industrial or cultural value, which facilities may be used f…

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 2. "District" means a county onsite waste management district established under this article. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 3. "Governing body" means the county executive of the county in which the district is located or proposed to be located. As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.

Sec. 4. "System" means: (1) a cluster decentralized waste water treatment system (as described in 410 IAC 6-10.1-6); or (2) an onsite residential sewage discharging disposal system (as defined in IC 13-11-2-144.7). As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7. Amended …

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.1-2005, SEC.49.

Sec. 10. (a) A Class 2 library may convert to Class 1 status if the Class 2 library board passes the following resolution of conversion: "__________ Public Library, by action of its library board, resolves to convert to a Class 1 library district subject to IC 36-12-2.". (b) The …

Sec. 11. (a) Class 2 libraries shall operate under the applicable provisions of IC 36-12-7. (b) The library boards of Class 2 libraries may elect to adopt: (1) IC 36-12-2-22; (2) IC 36-12-2-24; (3) IC 36-12-2-25; and (4) IC 36-12-3. (c) Class 2 libraries that elect only the secti…

Sec. 12. (a) This section applies to a board of a public library that allows library patrons to use library software to access the Internet or other computer network. (b) As used in this section, "computer network" has the meaning set forth in IC 35-43-2-3. (c) The board of a pub…

Sec. 13. A township trustee of a township that is: (1) located in a county having a population of more than thirty-five thousand (35,000) and less than thirty-five thousand nine hundred (35,900); and (2) not served by a public library; may pay the cost of a library card at the ne…

Sec. 14. A public library shall adopt a policy, not later than December 31, 2020, regarding conducting criminal history checks for individuals who are more than eighteen (18) years of age and who: (1) apply to the public library for employment or volunteer work; or (2) are employ…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. "Indiana library and historical board" refers to the Indiana library and historical board established by IC 4-23-7-2. [Pre-2005 Elementary and Secondary…

Sec. 3. "Library board" means the fiscal and administrative body of a public library. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.] As added by P.L.1-2005, SEC.49.

Sec. 4. "Library district" means the territory within the corporate boundaries of a public library. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.] As added by P.L.1-2005, SEC.49.

Sec. 5. "Public library" means a municipal corporation that: (1) provides library services; and (2) is organized under: (A) IC 36-12-2; (B) IC 36-12-4; (C) IC 36-12-5; (D) IC 36-12-6; or (E) IC 36-12-7. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1…

Sec. 6. "School board" means the governing body as set forth in IC 20-18-2-5. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.] As added by P.L.1-2005, SEC.49.

Sec. 7. "School corporation" has the meaning set forth in IC 20-33-5-1. [Pre-2005 Elementary and Secondary Education Recodification Citation: 20-14-1-2.] As added by P.L.1-2005, SEC.49.

Sec. 8. (a) The state shall encourage the establishment, maintenance, and development of public libraries throughout Indiana as part of the provision for public education of Indiana. (b) Public libraries provide free library services in order to meet the educational, informationa…

Sec. 9. Public libraries are classified as either: (1) Class 1 libraries, which comprise: (A) all public libraries established after March 13, 1947; and (B) all public libraries established before March 14, 1947, that have filed a resolution of conversion under section 10 of this…