2016 Indiana Code
TITLE 36. LOCAL GOVERNMENT
ARTICLE 9. TRANSPORTATION AND PUBLIC WORKS
CHAPTER 2. GENERAL POWERS CONCERNING TRANSPORTATION AND PUBLIC WORKS
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IC 36-9-2
Chapter 2. General Powers Concerning Transportation and
Public Works
IC 36-9-2-1
Application of chapter
Sec. 1. This chapter applies to all units except townships.
As added by Acts 1980, P.L.211, SEC.4. Amended by
P.L.182-2009(ss), SEC.444; P.L.119-2012, SEC.223; P.L.121-2016,
SEC.34.
IC 36-9-2-2
Transportation systems; establishment, aid, and operation
Sec. 2. (a) A unit may establish, aid, maintain, and operate
transportation systems.
(b) This subsection applies to an eligible county (as defined by
IC 8-25-1-4) that establishes a public transportation system through
a public transportation project authorized and funded under IC 8-25.
The unit must establish fares and charges that cover at least
twenty-five percent (25%) of the operating expenses of the public
transportation system. For purposes of this subsection, operating
expenses include only those expenses incurred in the operation of
fixed route services that are established or expanded as a result of a
public transportation project authorized and funded under IC 8-25.
The unit annually shall report on the unit's compliance with this
subsection not later than sixty (60) days after the close of the unit's
fiscal year. The report must include information on any fare
increases necessary to achieve compliance. The unit shall submit the
report to the department of local government finance and make the
report available electronically through the Indiana transparency
Internet web site established under IC 5-14-3.8.
(c) If a unit fails to prepare and disclose the annual report in the
manner required by subsection (b), any person subject to a tax
described in IC 8-25 may initiate a cause of action in the circuit
court, superior court, or probate court of the eligible county to
compel the appropriate officials of the unit to prepare and disclose
the annual report not later than thirty (30) days after a court order
mandating the unit to comply with subsection (b) is issued by the
court.
As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.153-2014,
SEC.19; P.L.84-2016, SEC.184.
IC 36-9-2-3
Transportation facilities; establishment, aid, and operation
Sec. 3. A unit may establish, aid, maintain, and operate airports,
bus terminals, railroad terminals, wharves, and other transportation
facilities.
As added by Acts 1980, P.L.211, SEC.4.
Indiana Code 2016
IC 36-9-2-4
Vehicles for public hire; regulation of services; exemptions
Sec. 4. (a) Except as provided in subsection (b), a unit may
regulate the services offered by persons who hold out for public hire
the use of vehicles. This includes the power to fix the price to be
charged for that service.
(b) A unit may not regulate the following:
(1) A transportation network company (as defined in
IC 8-2.1-17-18).
(2) A TNC driver (as defined in IC 8-2.1-17-19).
As added by Acts 1980, P.L.211, SEC.4. Amended by P.L.175-2015,
SEC.12.
IC 36-9-2-5
Public ways; establishment
Sec. 5. A unit may establish, vacate, maintain, and operate public
ways.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-6
Public ways; rights-of-way through, under, or over
Sec. 6. A unit may grant rights-of-way through, under, or over
public ways.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-7
Public ways; regulation of use; school corporation grounds
Sec. 7. A unit may regulate the use of public ways. A unit also
may regulate the use of school corporation grounds if requested by
the fiscal body of the school corporation.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-8
Watercourses; establishment and control
Sec. 8. A unit may establish, vacate, maintain, and control
watercourses.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-9
Watercourses; channel alterations
Sec. 9. A unit may change the channel of, dam, dredge, remove an
obstruction in, straighten, and widen a watercourse.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-10
Watercourses; taking or permitting escape of water
Sec. 10. A unit may regulate the taking of water, or causing or
permitting water to escape, from a watercourse.
Indiana Code 2016
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-11
Watercourses; altering temperature or affecting flow of water
Sec. 11. A unit may regulate conduct that might alter the
temperature of water, or affect the flow of water, in a watercourse.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-12
Watercourses; introduction of any substance
Sec. 12. A unit may regulate the introduction of any substance
into a watercourse or onto its banks.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-13
Watercourses; purification
Sec. 13. A unit may purify the water in a watercourse.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-14
Waterworks
Sec. 14. A unit may regulate the furnishing of water to the public.
A unit also may establish, maintain, and operate waterworks.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-15
Utility service to public
Sec. 15. A unit may furnish, or regulate the furnishing of, utility
service to the public.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-16
Disposal of waste substances and domestic or sanitary sewage;
regulation of services and charges
Sec. 16. A unit may regulate the furnishing of the service of
collecting, processing, and disposing of waste substances and
domestic or sanitary sewage. This includes the power to fix the price
to be charged for that service.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-17
Disposal of waste substances and domestic or sanitary sewage;
systems
Sec. 17. A unit may collect, process, and dispose of waste
substances and domestic or sanitary sewage, and may establish,
maintain, and operate sewers, sewage disposal systems, and systems
to collect and dispose of waste substances.
As added by Acts 1980, P.L.211, SEC.4.
Indiana Code 2016
IC 36-9-2-18
Extraterritorial powers; four mile limit
Sec. 18. A municipality may exercise powers granted by sections
2, 3, 14, 16, and 17 of this chapter in areas within four (4) miles
outside its corporate boundaries.
As added by Acts 1980, P.L.211, SEC.4.
IC 36-9-2-19
Extraterritorial powers; ten mile limit
Sec. 19. A municipality may exercise powers granted by sections
9, 10, 11, 12, and 13 of this chapter in areas within ten (10) miles
outside its corporate boundaries.
As added by Acts 1980, P.L.211, SEC.4.
Indiana Code 2016
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