Title 36, LOCAL GOVERNMENT

Sec. 13. (a) A permit expires one (1) year after the date the permit is issued. (b) Except as provided in subsection (c), a unit may charge a permit fee, not to exceed one hundred fifty dollars ($150), for each of the following: (1) An initial permit issued to an owner for the pe…

Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The…

Sec. 15. If a unit revokes a permit under this chapter, revocation of the permit shall be conducted under the notice and hearing procedures of the unit for revocation of other permits issued by the unit. As added by P.L.73-2018, SEC.1.

Sec. 16. An owner may apply for a permit for a short term rental for which a previous permit of the owner was revoked by the unit. However, a new permit may not be issued until any outstanding fines are paid for ordinance violation citations issued to the owner with regard to use…

Sec. 17. If an owner sells all or part of a permitted property, the permit may not be transferred to the new owner. The new owner must submit an application for a new permit. As added by P.L.73-2018, SEC.1.

Sec. 18. (a) An owner that rents a short term rental without obtaining a valid permit from a unit that adopts an ordinance under this chapter commits a Class C infraction. (b) Each short term rental transaction that the short term rental provider completes without a short term re…

Sec. 19. This chapter does not affect, prohibit, preempt, or render unenforceable any property or use restrictions contained in properly enacted rules or regulations of a: (1) homeowners association; (2) condominium association; (3) lake owners association; or (4) similar propert…

Sec. 2. As used in this chapter, "owner" means a person that has an interest in title or a present possessory interest in property that is offered to the public as a short term rental. As added by P.L.73-2018, SEC.1.

Sec. 20. This section is intended as notice to an owner as defined in section 2 of this chapter. An owner of short term rental property who makes a short term rental in which payments for the room, lodging, or other accommodation are not made through a marketplace facilitator (as…

Sec. 3. As used in this chapter, "owner occupied short term rental property" means property that is the owner's primary residence and is offered to the public as a short term rental. As added by P.L.73-2018, SEC.1.

Sec. 4. As used in this chapter, "permit" means a short term rental permit issued by a unit. As added by P.L.73-2018, SEC.1.

Sec. 5. As used in this chapter, "permitted property" means a property that is subject to a valid, unexpired, unrevoked permit under this chapter. A permitted property may contain one (1) or more dwelling units offered as short term rentals. As added by P.L.73-2018, SEC.1.

Sec. 6. (a) As used in this chapter, "short term rental" means the rental of: (1) a single family home; (2) a dwelling unit in a single family home; (3) a dwelling unit in a two-family or multifamily dwelling; or (4) a dwelling unit in a condominium, cooperative, or time share; f…

Sec. 7. As used in this chapter, "short term rental platform" means an entity that: (1) provides a platform through which unaffiliated parties offer to rent a short term rental to an occupant; and (2) collects consideration for the rental from the occupant. As added by P.L.73-201…

Sec. 8. A short term rental of owner occupied short term rental property is a permitted residential use under any applicable zoning ordinance of a unit and may not be disallowed by any zoning ordinance (as defined in IC 36-7-1-22) in a zoning district or classification of a unit …

Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property. (b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district …

Sec. 1. As used in this chapter, "authority" refers to a multiple county juvenile facility authority established under this chapter. As added by P.L.223-1991, SEC.1.

Sec. 10. An authority may construct, purchase, lease, or pay operation and maintenance costs of a facility. As added by P.L.223-1991, SEC.1.

Sec. 11. A county that is a lessor of a facility or a part of a facility may establish an authority under section 4 of this chapter with a county that is a lessee of a facility or a part of a facility. As added by P.L.223-1991, SEC.1.

Sec. 2. As used in this chapter, "board" refers to the board of directors of an authority. As added by P.L.223-1991, SEC.1.

Sec. 3. As used in this chapter, "facility" refers to the following: (1) A secure facility for juveniles (as defined in IC 31-9-2.1-223). (2) A shelter care facility for juveniles (as defined in IC 31-9-2.1-227). As added by P.L.223-1991, SEC.1. Amended by P.L.1-1997, SEC.155; P.…

Sec. 4. (a) A multiple county juvenile facility authority may be established under this chapter by: (1) ordinance of the fiscal body of each county participating in the authority; and (2) ordinance of the executive of each county participating in the authority. (b) An agreement t…

Sec. 5. An authority is a public body corporate and politic. The exercise of an authority's powers is an essential governmental function. As added by P.L.223-1991, SEC.1.

Sec. 6. (a) The powers of an authority are vested in a board of directors of the authority. The board consists of the following members: (1) The county executive of each county participating in the authority, or the county executive's designee. (2) A juvenile court judge of each …

Sec. 7. A majority of the members of a board constitutes a quorum for the transaction of business. The affirmative vote of a majority of the board is necessary for an action to be taken by the board. As added by P.L.223-1991, SEC.1.

Sec. 8. With the approval of the executive of the county affected, an authority may exercise the power of eminent domain under IC 32-24-1. As added by P.L.223-1991, SEC.1. Amended by P.L.2-2002, SEC.117.

Sec. 9. Subject to the terms of the original agreement under section 4 of this chapter, an authority may do the following: (1) Adopt, amend, and repeal bylaws for the conduct of the authority's business. (2) Accept gifts and grants. (3) Enter into contracts. (4) Sue and be sued. …

Sec. 1. The following terms are defined for this chapter: (1) "Direct read instrument" means a carbon monoxide detector that provides a rapid and continuous measurement of the carbon monoxide concentration of ambient air without the need for additional analysis or interpretation.…

Sec. 2. A fire department may provide vehicular carbon monoxide testing to any owner of a motor vehicle. As added by P.L.8-2018, SEC.2.

Sec. 3. Vehicular carbon monoxide testing described in section 2 of this chapter shall be provided to the owner of a motor vehicle without charge. As added by P.L.8-2018, SEC.2.

Sec. 4. A test administrator conducting vehicular carbon monoxide testing for the owner of a motor vehicle shall do the following for each vehicular carbon monoxide test performed: (1) Instruct the owner of the motor vehicle to: (A) park the motor vehicle in an open air location;…

Sec. 5. (a) A test administrator shall generate a written form for each vehicular carbon monoxide test conducted on behalf of the test administrator's fire department. (b) Each form described in subsection (a) must contain entries for the following identifiers: (1) Name of the mo…

Sec. 6. (a) A test administrator's good faith attempt to conduct a vehicular carbon monoxide test consistent with the methodology described in section 4 of this chapter immunizes the test administrator from civil liability and all associated damages, including punitive damages, a…

Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23. [Pre-Local Government Recodification Citation: 19-2-5.5-1 part.] As added by Acts 1981, P.L.309, SEC.97.

management Sec. 10. A lease under this chapter does not become effective until its provisions for sewage treatment have been found sufficient by the department of environmental management according to rules adopted by the environmental rules board. [Pre-Local Government Recodific…

Sec. 11. (a) A municipality that leases facilities under this chapter may, by ordinance, establish, bill, and collect fees from the property and users in the area served by the leased facilities. The fees must be sufficient to pay the costs of operation, maintenance, repair, alte…

Sec. 12. Facilities leased to a municipality under this chapter are exempt from all state, county, and other taxes. However, the rental paid to a lessor under the terms of such a lease is subject to all applicable taxes. [Pre-Local Government Recodification Citation: 19-2-5.5-9.]…

Sec. 13. Except as specifically required in this chapter, a municipality acting under this chapter need not comply with other statutes concerning the lease and acquisition of facilities by municipalities. [Pre-Local Government Recodification Citations: 19-2-5.5-10; Acts 1975, P.L…

Sec. 14. A municipality that leases and operates sewage disposal facilities in an area within one (1) mile outside its corporate boundaries is considered to be furnishing sewage and sewer service in that area for purposes of IC 36-4-3-13. [Pre-Local Government Recodification Cita…

Sec. 2. As used in this chapter, "sewage disposal facilities" means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including: (1) certificates of ter…

Sec. 3. (a) A municipality may lease sewage disposal facilities from a sewage disposal company that: (1) holds a certificate of territorial authority under IC 8-1-2-89; and (2) is a corporation organized under Indiana law for the purpose of acquiring, constructing, and leasing se…

Sec. 4. The term of a lease under this chapter may not exceed fifty (50) years. However, the lease must provide that the municipality has an option to renew the lease for a further term on similar conditions. [Pre-Local Government Recodification Citation: 19-2-5.5-3 part.] As add…

Sec. 5. (a) A lease under this chapter must provide that the municipality has an option to purchase the property covered by the lease, under the terms and conditions specified in the lease. (b) If the municipality exercises the option to purchase, it may obtain money to pay the p…

Sec. 6. (a) A lease under this chapter may provide that: (1) as part of the lease rental for the facilities, the municipality shall agree to: (A) pay all property taxes and assessments levied against or on account of the facilities; and (B) maintain insurance on the facilities fo…

Sec. 7. (a) When a municipality and a lessor agree on the terms and conditions of a lease proposed to be entered into under this chapter, notice of a hearing to be held before the municipal legislative body shall be given to all interested persons by publication in accordance wit…

Sec. 8. (a) When a municipal legislative body authorizes the execution of a lease under section 7 of this chapter, notice of the signing of the contract shall be given by publication in the manner prescribed by section 7 of this chapter. Within thirty (30) days after publication …