Skip to code content (skip section selection)
(A) The Common Council may pass ordinances, orders, resolutions, and motions for the government of the city, the control of the city's property and finances, and the appropriation of money. (IC 36-4-6-18)
(B) An appropriation ordinance must specify, by items, the amount of each appropriation and the department for which it is made. (IC 36-4-7-9)
(C) A majority vote of the Council is required to pass an ordinance, unless a greater vote is required by statute.
(D) A two-thirds vote of all the elected members, after unanimous consent of the members present to consider the ordinance, is required to pass an ordinance of the Common Council on the same day or at the same meeting at which it is introduced. This division does not apply to a zoning ordinance or amendment to a zoning ordinance that is adopted under IC 36-7. (IC 36-4-6-13)
(E) An ordinance, order, or resolution passed by the Common Council is considered adopted when it is: signed by the Presiding Officer; and either approved by the Mayor or passed over his veto by the Common Council, under IC 36-4-6-16. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
(1) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-l unless:
(a) It is published under division (2) below; or
(b) There is an urgent necessity requiring its immediate effectiveness, the Mayor proclaims the urgent necessity, and copies of the ordinance are posted in three public places in each of the districts from which members are elected to the legislative body.
(2) If a city 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 two weeks after the publication of the book or pamphlet. Publication under this division, if authorized by the Common Council, constitutes presumptive evidence:
(a) Of the ordinances in the book or pamphlet;
(b) Of the date of adoption of the ordinances; and
(c) That the ordinances have been properly signed, attested, recorded, and approved.
(3) This division does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(4) An ordinance increasing a building permit fee on new development must:
(a) Be published:
1. One time in accordance with I.C. 5-3-1; and
2. Not later than 30 days after the ordinance is adopted by the legislative body in accordance with I.C. 5-3-1.
(b) Delay the implementation of the fee increase for 90 days after the date the ordinance is published under subsection (4)(a).
(F) After an ordinance, order, or resolution passed by the Common Council has been signed by the presiding officer, the Clerk shall present it to the Mayor, and record the time of the presentation. (IC 36-4-6-15)
(G) (1) Within ten days after an ordinance, order, or resolution is presented to him, the Mayor shall do the following.
(a) Approve the ordinance, order, or resolution, by entering his approval on it, signing it, and sending the Common Council a message annoucing his approval.
(b) Veto the ordinance, order, or resolution, by returning it to the Common Council with a message announcing his veto and stating his reasons for the veto.
(2) The Mayor may approve or veto separate items of an ordinance appropriating money or levying a tax.
(3) If the Mayor fails to perform his duty under this division the ordinance, order, or resolution is considered vetoed. Whenever an ordinance, order, or resolution is vetoed by the Mayor, it is considered defeated unless the Common Council, at its first regular or special meeting after the ten-day period prescribed by this division passes the ordinance, order, or resolution over his veto by a two-thirds vote.
(H) Within a reasonable time after an ordinance of the Common Council is adopted, the Clerk shall record it in a book kept for that purpose. The record must include the following. The record or a certified copy of it constitutes presumptive evidence of the adoption of the ordinance.
(1) The signature of the Presiding Officer.
(2) The attestation of the Clerk.
(3) The Mayor's approval or veto of the ordinance.
(4) If applicable, a memorandum of the passage of the ordinance over the veto.
(5) The date of each recorded item.