Cal. Civ. Code § 36-1-3-8
Powers specifically withheld
Operative Text
Sec. 8. (a) Subject to subsection (b), a unit does not have the following: (1) The power to condition or limit its civil liability, except as expressly granted by statute. (2) The power to prescribe the law governing civil actions between private persons. (3) The power to impose duties on another political subdivision, except as expressly granted by statute. (4) The power to impose a tax, except as expressly granted by statute. (5) The power to impose a license fee greater than that reasonably related to the administrative cost of exercising a regulatory power. (6) The power to impose a service charge or user fee greater than that reasonably related to reasonable and just rates and charges for services. (7) The power to regulate conduct that is regulated by a state agency, except as expressly granted by statute. (8) The power to prescribe a penalty for conduct constituting a crime or infraction under statute. (9) The power to prescribe a penalty of imprisonment for an ordinance violation. (10) The power to prescribe a penalty of a fine as follows: (A) More than ten thousand dollars ($10,000) for the violation of an ordinance or a regulation concerning air emissions adopted by a county that has received approval to establish an air permit program under IC 13-17-12-6. (B) For a violation of any other ordinance: (i) more than two thousand five hundred dollars ($2,500) for a first violation of the ordinance; and (ii) except as provided in subsection (c), more than seven thousand five hundred dollars ($7,500) for a second or subsequent violation of the ordinance. (11) The power to invest money, except as expressly granted by statute. (12) The power to adopt an ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2, or otherwise conduct an election, except as expressly granted by statute. An ordinance, a resolution, or an order concerning an election described by IC 3-5-1-2 that was adopted before January 1, 2023, is void unless a statute expressly granted the unit the power to adopt the ordinance, resolution, or order. (13) The power to adopt or enforce an ordinance described in section 8.5 of this chapter. (14) The power to take any action prohibited by section 8.6 of this chapter. (15) The power to dissolve a political subdivision, except: (A) as expressly granted by statute; or (B) if IC 36-1-8-17.7 applies to the political subdivision, in accordance with the procedure set forth in IC 36-1-8-17.7. (16) After June 30, 2019, the power to enact an ordinance requiring a solid waste hauler or a person who operates a vehicle in which recyclable material is transported for recycling to collect fees authorized by IC 13-21 and remit the fees to: (A) a unit; or (B) the board of a solid waste management district established under IC 13-21. (b) A township does not have the following, except as expressly granted by statute: (1) The power to require a license or impose a license fee. (2) The power to impose a service charge or user fee. (3) The power to prescribe a penalty. (c) Subsection (a)(10)(B)(ii) does not apply to the violation of an ordinance that regulates traffic or parking. As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981, P.L.17, SEC.3; P.L.123-1987, SEC.2; P.L.3-1987, SEC.540; P.L.3-1990, SEC.122; P.L.251-1993, SEC.4; P.L.164-1995, SEC.14; P.L.1-1996, SEC.84; P.L.200-2005, SEC.4; P.L.13-2013, SEC.148; P.L.150-2016, SEC.1; P.L.189-2016, SEC.5; P.L.19-2019, SEC.3; P.L.4-2023, SEC.1.
Indiana Code §§ 36-1-3-8 and 36-1-3-8.5 define a set of governmental powers that local units — such as cities, towns, and counties — are expressly prohibited from exercising unless a state statute specifically grants them that authority. Among the withheld powers are the ability to regulate conduct already overseen by a state agency, to impose fines beyond set caps (generally $2,500 for a first ordinance violation and $7,500 for subsequent violations), and to adopt or enforce certain ordinances described in the companion section 8.5. The provision effectively establishes the outer boundary of local legislative authority in Indiana, ensuring that municipalities cannot expand their own powers beyond what the state legislature has authorized.
Plain English — not legal advice.
Under Ind. Code §§ 36-1-3-8 and 36-1-3-8.5, local governments in Indiana lack the authority to enact ordinances — including those touching on rental housing — that regulate conduct already governed by a state agency or that exceed the enumerated powers the state has granted. Compliant property operators generally stay informed about whether a local ordinance affecting their rental operations falls within the bounds of what the state has actually authorized, since ordinances adopted outside those bounds may be unenforceable. Operators who believe a local rule exceeds the powers withheld by this statute often consult legal counsel to assess the ordinance's validity before adjusting their practices.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code §§ 36-1-3-8 and 36-1-3-8.5 can be relevant to tenants when a local government has enacted an ordinance — such as one imposing fees, penalties, or housing regulations — that may exceed the powers the state has authorized municipalities to exercise. If a local ordinance affecting a tenancy appears to conflict with the limits set out in this provision, tenants may have grounds to raise that conflict as a defense or to question the ordinance's enforceability. Tenant-rights organizations and legal aid offices can help individuals understand whether a particular local rule falls within or outside the boundaries this statute establishes.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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