§ 35.32 DATE OF ADOPTION; PUBLICATION.
   (A)   An ordinance, order or resolution passed by the Town Council is considered adopted when it is signed by the President of Council. If required by statute, an adopted ordinance, order or resolution must be promulgated or published before it takes effect.
   (B)   An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by I.C. 5-3-1 unless:
      (1)   It is published under division (C); or
      (2)   It declares an emergency requiring its immediate effectiveness and is posted in:
         (a)   One public place in each district in the town; or
         (b)   A number of public places in the town equal to the number of Town Councilmembers, if the town has abolished Town Council districts under I.C. 36-5-2-4.1.
   (C)   Except as provided in division (E), if the 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 division, it takes effect 2 weeks after the publication of the book or pamphlet. Publication under this division, if authorized by the Town Council, 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.
   (D)   This section (other than division (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 I.C. 36-7.
   (E)   An ordinance increasing a building permit fee on new development must:
      (1)   Be published 1 time in accordance with I.C. 5-3-1, and not later than 30 days after the ordinance is adopted by the Town Council in accordance with I.C. 5-3-1; and
      (2)   Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division (E)(1) of this section.
   (F)   Subject to division (J), the Town Council shall:
      (1)   Subject to division (G), give written notice to the Department of Environmental Management not later than 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 30 days after passage, amendment, or repeal of an environmental restrictive ordinance.
   (G)   Upon written request by the Town Council, the Department of Environmental Management may waive the notice requirement of division (F)(1).
   (H)   An environmental restrictive ordinance passed or amended after 2009 by the Town Council must state the notice requirements of division (F).
   (I)   The failure of an environmental restrictive ordinance to comply with division (H) does not void the ordinance.
   (J)   The notice requirements of division (F) of this section apply only if the municipal corporation received under I.C. 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in division (F) as part of a risk based remediation proposal:
      (1)   Approved by the department; and
      (2)   Conducted under I.C. 13-22, I.C. 13-23, I.C. 13-24, I.C. 13-25-4, or I.C. 13-25-5.
(I.C. 36-5-2-10)