Title 36, LOCAL GOVERNMENT

Sec. 6. (a) Except as provided in subsection (d), the appointments required by section 5 of this chapter must be made as soon as is practical, but not later than sixty (60) days after the adoption of the ordinance establishing the authority. If any appointing authority fails to m…

Sec. 7. (a) Except as provided in subsection (e), as soon as is practical, but not later than ninety (90) days after the authority is established, the members shall meet and organize themselves as a board. (b) Except as provided in subsection (f), at its first meeting, and annual…

Sec. 8. (a) The board shall fix the time and place for holding regular meetings, and it must meet at least once during each calendar quarter of each calendar year. (b) Special meetings of the board may be called by the chair or by five (5) members of the board upon written reques…

Sec. 9. (a) A majority of the members appointed to the board constitutes a quorum for a meeting. (b) Except as provided in subsection (c), the board may act officially by an affirmative vote of a majority of those present at the meeting at which the action is taken. (c) If the au…

Sec. 1. This chapter applies to the following units: (1) All counties. (2) All municipalities. [Pre-Local Government Recodification Citations: 19-7-4-6 part; 19-7-4-6.5 part.] As added by Acts 1981, P.L.309, SEC.110. Amended by Acts 1981, P.L.319, SEC.1; P.L.354-1985, SEC.1; P.L.…

Sec. 10. (a) The board shall: (1) exercise general supervision of and make rules for the department; (2) establish rules governing the use of the park and recreation facilities by the public; (3) provide police protection for its property and activities, either by requesting assi…

Sec. 11. (a) The board may: (1) subject to subsection (d), enter into contracts and leases for facilities and services; (2) contract with persons for joint use of facilities for the operation of park and recreation programs and related services; (3) contract with another board, a…

Sec. 11.5. (a) This section applies to the city of New Albany. (b) The operation of city owned buildings or grounds operated as a golf course by a nonprofit corporation before July 1, 1995, without a lease from the city, or under a lease that was not open to public bid to lease t…

Sec. 12. The board may sell, or order sold through a designated representative, by public or private sale, any personal property that the board has declared to be surplus at a regular or special meeting and has declared to have an aggregate appraised value of five thousand dollar…

Sec. 13. (a) This subsection applies to counties and towns. The board may appoint a superintendent of parks and recreation. The board may not consider political affiliation in the selection of the superintendent. (b) This subsection applies to cities. If a superintendent of parks…

Sec. 14. Under the direction of the board, the superintendent shall: (1) propose annually a plan for the operation of the department; (2) administer the plan as approved by the board; (3) supervise the general administration of the department; (4) keep the records of the departme…

Sec. 15. (a) If the board determines that the size of the department's operation requires assistants for the superintendent, the board may appoint, upon the recommendation of the superintendent, one (1) or more assistants. The board shall determine their qualifications on a basis…

Sec. 16. (a) Every officer and employee who handles money in the performance of duties as prescribed by this chapter shall execute an official bond for the term of office or employment before entering upon the duties of the office or employment. (b) The fiscal body of the unit ma…

Sec. 17. (a) The board may create an advisory council and special committees composed of citizens interested in parks and recreation. (b) In selecting an advisory council or special committees, the board shall give consideration to the groups in the community particularly interes…

Sec. 18. (a) The board may accept gifts, donations, and subsidies for park and recreational purposes. However, a gift or transfer of property to the board may not be made without its approval. (b) A gift or grant of money shall be deposited in a special nonreverting fund to be av…

Sec. 19. (a) The territory within the boundaries of the unit comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes as provided in this chapter. (b) The fiscal body of the unit shall determine and provide the revenu…

Sec. 2. As used in this chapter: "Board" refers to a park and recreation board. "Department" refers to a department of parks and recreation. "District" means the area within the jurisdiction of a department. [Pre-Local Government Recodification Citation: 19-7-4-4 part.] As added …

Sec. 20. (a) Upon the request of the board, the fiscal body of the unit may establish, by ordinance, a special nonreverting capital fund for the purposes of acquiring land or making specific capital improvements. The fiscal body may include in the board's annual budget an item an…

Sec. 21. (a) The board may establish a cumulative building fund under IC 6-1.1-41 to provide money for: (1) building, remodeling, and repair of park and recreation facilities; or (2) purchase of land for park and recreation purposes. In addition to the requirements of IC 6-1.1-41…

Sec. 22. (a) Park and recreation facilities and programs shall be made available to the public free of charge as far as possible. However, if it is necessary in order to provide a particular activity, the board may charge a reasonable fee. (b) The unit's fiscal body may establish…

Sec. 23. (a) This section applies only to: (1) the acquisition of real property; or (2) a work of improvement; that will be financed by the issuance of bonds. (b) If the board decides to: (1) acquire land for any of the purposes prescribed in this chapter, either by purchase or b…

Sec. 24. (a) In order to raise money to pay for land to be acquired for any of the purposes named in this chapter, to pay for an improvement authorized by this chapter, or both, and in anticipation of the special benefit tax to be levied as provided in this chapter, the board sha…

Sec. 25. (a) Before bonds may be issued under section 23 of this chapter, the board shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue, and all other pertinent data. (b) The board shall have publis…

Sec. 26. All proceeds from the sale of bonds issued under section 24 of this chapter shall be kept in a separate fund. The fund shall be used to pay for land and other property acquired and for the construction of a work under the resolution, including all costs and expenses incu…

Sec. 27. (a) In order to raise money to pay all bonds issued under section 24 of this chapter, the board shall levy annually a special tax upon all of the real and personal property located in the district sufficient to pay the principal of the bonds as they mature, including acc…

Sec. 28. (a) If a board or district is discontinued under section 3 or 3.1 of this chapter, and a new board or district is not established, the primary obligation on its bonds is not affected, and the unit assumes liability for the payment of the bonds according to their terms. (…

Sec. 29. (a) Two (2) or more units may create a joint department of parks and recreation. (b) Only a unit that has by ordinance created a department under this chapter is eligible to participate in the creation of a joint department. (c) The boards of the units that desire to cre…

Sec. 3. (a) Except as provided in subsection (c) and section 3.1 of this chapter, the fiscal body of a unit may adopt an ordinance creating a department of parks and recreation and repealing in the ordinance or resolution prior ordinances or resolutions creating separate park and…

Sec. 3.1. (a) This section applies to all counties. (b) As used in this section, "ordinance" means an ordinance that creates a department in accordance with section 3 of this chapter. (c) This section may not be construed to allow for the creation of more than one (1) county boar…

Sec. 30. (a) A joint board shall be organized and shall function in the same manner as a separate board. The joint board consists of all the members of the separate boards. Two-thirds (2/3) of the members constitute a quorum, and official action must be authorized by two-thirds (…

Sec. 31. (a) The joint board shall determine its total budget request. The members of each participating unit shall present to their fiscal body the total budget and shall state the amount chargeable to their unit by the terms of the agreement and ordinance. If their fiscal body …

participating unit; termination; distribution of money remaining in fund; continuation of obligation Sec. 32. (a) A participating unit may withdraw from a joint department at the end of a fiscal year by repealing its adopting ordinance and filing a copy of the repealing ordinance…

Sec. 33. (a) A request to a municipality to extend park and recreation service to the unincorporated area of a township in which the municipality is located or in a township adjacent to the township in which the municipality is located may be made by at least the number of regist…

Sec. 34. (a) The board shall fix a date for a public hearing on each petition filed under section 33 of this chapter. The board shall publish in accordance with IC 5-3-1 a notice of the time, place, and purpose of the hearing. The cost of the notice shall be paid by the petitione…

Sec. 35. (a) If the fiscal body approves the petition and adopts the ordinance presented under section 34 of this chapter, the ordinance takes effect. (b) After the adoption of the ordinance, the fiscal body shall certify the question under IC 3-10-9-3 to the county election boar…

Sec. 36. (a) If a majority of those voting in a special election vote under section 35 of this chapter for the extension of park and recreation services, then at the beginning of the next fiscal year the area becomes part of the district of the department. (b) At the time the are…

Sec. 37. (a) After a favorable special election under section 35 of this chapter, all property in the area to which service is extended is subject to the same levy for park and recreational purposes as other property within the district. After determining the levy for park and re…

Sec. 38. (a) This section applies in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000). (b) This section applies only if a municipality annexes or has annexed territory that is part of a district under t…

Sec. 39. (a) This section applies only to parks within the jurisdiction of a county board. (b) A person who knowingly discharges a firearm or shoots an arrow with a bow into or inside a park commits a Class B misdemeanor. (c) This section does not apply to an area that the board …

Sec. 4. (a) This subsection applies only in a third class city. A city board consists of four (4) members to be appointed by the city executive. The members shall be appointed on the basis of their interest in and knowledge of parks and recreation. In addition, the creating ordin…

Sec. 4.1. A town legislative body may, by a majority vote, waive any or all of the following requirements of a town board member under section 4(c) of this chapter: (1) The requirement that a member of the town board be affiliated with a political party. (2) The requirement that …

Sec. 4.2. (a) This section applies if an ordinance is: (1) adopted creating a county department under section 3.1(d) of this chapter; or (2) amended by the county fiscal body as to the composition of the county board as set forth in section 3.1(e) of this chapter. (b) The county …

Sec. 40. As an alternative to issuing bonds under section 24 of this chapter, the board may issue bonds payable from the county innkeeper's tax. The issuance of the bonds must be initiated by a resolution of the commission established by IC 6-9-7-2, recommending the issuance of t…

Sec. 41. The bonds may not be issued until they have been approved by the county council. After the county council has approved the issuance of the bonds, the county council may not reduce the innkeeper's tax rate below a rate that would produce one and twenty-five hundredths (1.…

Sec. 42. (a) The board shall hold a hearing as required by section 25 of this chapter. The board shall appropriate the proceeds of the bonds as required by law for special taxing district bonds. (b) IC 6-1.1-20-1, IC 6-1.1-20-2, and IC 6-1.1-20-5 apply to the issuance of the bond…

Sec. 43. After the sale of the bonds the secretary of the board shall certify to the county auditor a debt service schedule for the bonds. The schedule must provide that bonds that are payable from the innkeeper's tax imposed under IC 6-9-7 are retired before August 1, 1999. As a…