[Amended 2-7-2011 by Res. No. 1-1-11, effective 3-29-2011]
All legislative powers of the Town shall be vested in a Council
consisting of three members who shall be elected as hereinafter provided
and who shall hold office for terms of two years or until the succeeding
Council takes office, except that members of the Council elected on
the first Tuesday in May 2011 and thereafter shall hold office for
terms of four years or until the succeeding Council takes office.
Newly elected Council members shall take office on the second Monday
in May or seven days following election, whichever occurs last. (Each
Council member holding office at the time this Charter becomes effective
shall continue to hold office for the term for which the member was
elected or until the member's successor or the succeeding Council
is elected and takes office under the provisions of this Charter.)
Council members shall have resided in the Town for at least
six months immediately preceding their election and shall be qualified
voters of the Town. Council members shall maintain permanent residence
in the Town during their term of office.
[Amended 2-2-2015 by Res.
No. 1-1-15; 1-10-2022 by Res. No. 1-2-22]
The Mayor shall receive an annual salary of $3,000, and a Council
member shall receive an annual salary of $2,500, except that commencing
with the term of office for the Mayor and Council members elected
in May, 2015, the Mayor shall receive an annual salary of $6,000,
and a Council member shall receive an annual salary of $5,000; and
further except that commencing with the term of office for the Mayor
and Council members to be elected in May 2023, the mAyor shall receive
an annual salary of $12,000, and a Council member shall receive an
annual salary of $10,000. The salary specified in this section shall
not be changed for the Mayor or members of Council during the term
for which they are elected.
The newly elected Council shall meet on the first Monday following
its election for the purpose of organization and the selection of
a Mayor and Vice Mayor, after which the Council shall meet regularly
at such times as may be prescribed by its rules, but not less frequently
than once each month. All open meetings shall be held in a public
place within the Town, save those times when extraordinary citizen
attendance requires a larger meeting facility, which, with the consent
of the majority of the Council, may be located outside the Town. Any
such change in location shall require reasonable advance public notice.
Special meetings shall be called at the request of the Mayor or a
majority of the Council members. All meetings of the Council shall
be open to the public, and the rules of the Council shall provide
that residents of the Town shall have a reasonable opportunity to
be heard at any meeting in regard to any municipal question. Nothing
contained herein shall be construed to prevent any such body from
holding an executive session from which the public is excluded, but
no ordinance, resolution, rule or regulation shall be finally adopted
at such an executive session.
The Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their offices.
A member charged with conduct constituting grounds for forfeiture
of the member's office shall be entitled to a public hearing on demand,
and notice of such hearing shall be published in one or more newspapers
of general circulation in the Town at least one week in advance of
the hearing. Decisions made by the Council under this section shall
be subject to review by the court.
Following a regular municipal election, the Council member receiving
the highest number of votes shall be designated the Mayor of the Town.
The Council member receiving the second highest number of votes shall
be designated the Vice Mayor, to preside in the absence of the Mayor.
Should the newly elected Council member qualifying under the terms
of this Charter for the position of Mayor or Vice Mayor decline the
same, the selection for either office shall be made by a majority
vote of the Council. In the event that the Mayor and Vice Mayor should
be absent at any meeting of the Council, any member of the Council
may be designated Mayor Pro Tem for such meeting.
The Mayor or, in his absence, disqualification or incapacity,
the Vice Mayor or Mayor Pro Tem shall perform the following functions:
A.
He shall preside at all meetings of the Council and perform all duties
consistent with his office and shall have a voice and vote in the
proceedings of the Council but no veto power. He shall vote last upon
the roll call of the Council.
B.
He shall be recognized as the head of the Town government for all
ceremonial purposes, by the courts for serving civil processes and
by the Governor for the purpose of military law.
C.
He shall exercise such other powers and perform such other duties
as are or may be conferred and imposed upon him by this Charter and
the ordinances of the Town.
A majority of the members of the Council shall constitute a
quorum for the transaction of business, but no resolution or ordinance
shall be approved nor any other action taken unless approved by a
majority of the Council.
The Council shall determine its own rules and order of business.
It shall keep a journal of its proceedings and enter therein the yeas
and nays upon final action on any question, resolution or ordinance
or at any other time if required by any one member. The journal shall
be open to public inspection. A separate journal of all resolutions
and ordinances passed by the Council shall be maintained by the Clerk
of Council and shall be open for public inspection.
A.
The office of a Council member shall be come vacant upon the member's
death, resignation, removal from office in any manner authorized by
law or forfeiture of the member's office.
B.
Upon occurrence of a vacancy in the Council, the remaining members
of the Council shall appoint a qualified person to fill the vacancy.
If the Council fails to do so within 30 days following the occurrence
of the vacancy, the Board of Supervisors of Elections shall call a
special election to fill the vacancy, to be held not sooner than 90
days and not later than 120 days following the occurrence of the vacancy
and to be otherwise governed by the provisions of this Charter, notwithstanding
the requirements of this subsection.
The Mayor or a Council member shall forfeit that person's office
if the Mayor or Council member lacks at any time during that person's
term of office any qualification for the office prescribed by this
Charter or by law, violates any express prohibition of this Charter,
is convicted of a felony or fails to attend three consecutive regular
meetings of the Council without being excused by the Council.
A.
General powers. The Council shall have the general power to pass
all such ordinances not contrary to the Constitution and laws of the
State of Maryland or this Charter as it may deem necessary for the
good government of the Town; for the protection and preservation of
the Town's property, rights and privileges; for the preservation of
peace and good order; for securing persons and property from violence,
danger or destruction; and for the protection and promotion of the
health, safety, comfort, convenience, welfare and happiness of the
residents of the Town and visitors thereto and sojourners therein.
B.
Specific powers listed. The Council shall have, in addition, the
power to pass ordinances, not contrary to the laws and Constitution
of this state, for the following specific purposes:
(1)
Advertising: to provide for advertising for the purposes of the Town,
for printing and publishing statements as to the business of the Town.
(2)
Aisles: to regulate and prevent the obstruction of aisles in public
halls, churches and places of amusement and to regulate the construction
and operation of the doors and means of egress therefrom.
(3)
Amusements: to provide in the interest of the public welfare for
licensing, regulating or restraining theatrical or other public amusements.
(4)
Appropriations: to appropriate municipal moneys for any purpose within
the powers of the Council.
(5)
Auctioneers: to regulate the sale of all kinds of property at auctions
within the Town and to license auctioneers.
(6)
Band: to establish a municipal band, symphony orchestra or other
musical organization and to regulate, by ordinance, the conduct and
policies thereof.
(7)
Billboards: to license, tax and regulate, restrain or prohibit the
erection or maintenance of billboards within the Town and the placing
of signs, bills and posters of every kind and description on any building,
fence, post, billboard, pole or other place within the Town.
(8)
Bridges: to erect and maintain bridges.
(9)
Buildings: to make reasonable regulations in regard to buildings
and signs to be erected, constructed or reconstructed in the Town
and to grant building permits for the same; to formulate a Building
Code and a Plumbing Code and to appoint a Building Inspector and a
Plumbing Inspector and to require reasonable charges for permits and
inspections; and to authorize and require the inspection of all buildings
and structures and to authorize the condemnation thereof, in whole
or in part, when dangerous or insecure and to require that such buildings
and structures be made safe or be taken down.
(10)
Cemeteries: to regulate or prohibit the interment of bodies
within the Town and to regulate cemeteries.
(11)
Codification: to provide for the codification of all ordinances
which have been or may hereafter be passed.
(12)
Community services: to provide, maintain and operate community
and social services for the preservation and promotion of the health,
recreation, welfare and enlightenment of the inhabitants of the Town.
(13)
Cooperative activities: to make agreements with other municipalities,
counties, districts, bureaus, commissions and governmental authorities
for the joint performance of or for cooperation in the performance
of any governmental functions.
(14)
Curfew: to prohibit the youth of the Town from being in the
streets, lanes, alleys or public places at unreasonable hours of the
night.
(15)
Dangerous conditions: to compel persons about to undertake dangerous
improvements to execute bonds with sufficient sureties conditioned
that the owner or contractor will pay all damages resulting from such
work which may be sustained by any persons or property.
(16)
Departments: to create, change and abolish offices, departments
or agencies, other than the offices, departments and agencies established
by this Charter, and to assign additional functions or duties to offices,
departments or agencies established by this Charter, but not including
the power to discontinue or assign to any other office, department
or agency any function or duty assigned by this Charter to a particular
office, department or agency.
(17)
Disorderly houses: to suppress bawdy houses, disorderly houses
and houses of ill fame.
(18)
Dogs: to regulate the keeping of dogs in the Town and to provide,
wherever the county does not license or tax dogs, for the licensing
and taxing of the same, and to provide for the disposition of homeless
dogs and dogs on which no license fee or taxes are paid.
(19)
Elevators: to require the inspection and licensing of elevators
and to prohibit their use when unsafe or dangerous or without a license.
(20)
Explosives: to regulate or prevent the storage of gunpowder,
oil or any other explosive or combustible matter and to regulate or
prevent the use of firearms, fireworks, bonfires, explosives or any
other similar things which may endanger persons or property.
(21)
Filth: to compel the occupant of any premises, building or structure
situated in the Town, when the same has become filthy or unwholesome,
to abate or cleanse the condition and, after reasonable notice to
the owners or occupants, to authorize such work to be done by the
proper officers and to assess the expense thereof against such property,
making it collectible by taxes or against the occupant or occupants.
(22)
Finances: to levy, assess and collect ad valorem property taxes;
to expend municipal funds for any public purpose; and to have general
management and control of the finances of the Town.
(23)
Fire: to suppress fires and prevent the dangers thereof and
to establish and maintain a Fire Department; to contribute funds to
volunteer fire companies serving the Town; to inspect buildings for
the purpose of reducing fire hazards; to issue regulations concerning
fire hazards and to forbid and prohibit the use of fire-hazardous
buildings and structures permanently or until the conditions of Town
fire hazard regulations are met; to install and maintain fireplugs
where and as necessary and to regulate their use; and to take all
other measures necessary to control and prevent fires in the Town.
(24)
Food: to inspect and require the condemnation of, if unwholesome,
and to regulate the sale of any food products.
(25)
Franchises: to grant and regulate franchises to water companies,
electric light companies, gas companies, telegraph and telephone companies,
transit companies, taxicab companies and any others which may be deemed
advantageous and beneficial to the Town, subject, however, to the
limitations and provisions of Article 23 of the Annotated Code of
Maryland. No franchise shall be granted for a longer period than 50
years.
(26)
Gambling: to restrain and prohibit gambling.
(27)
Garbage: to prevent the deposit of any unwholesome substance
either on private or public property and to compel its removal to
designated points and to require slops, garbage, ashes and other waste
or other unwholesome materials to be removed to designated points
or to require the occupants of the premises to place them conveniently
for removal.
(28)
Grants-in-aid: to accept gifts and grants of federal or state
funds from the federal or state governments or any agency thereof
and to expend the same for any lawful public purpose agreeable to
the conditions under which the gifts or grants were made.
(29)
Hawkers: to license, tax, regulate, suppress and prohibit hawkers
and itinerant dealers, peddlers, pawnbrokers and all other persons
selling any articles on the streets of the Town and to revoke such
licenses for cause.
(30)
Health: to protect and preserve the health of the Town and its
inhabitants; to appoint a public health officer and to define and
regulate his powers and duties; to prevent the introduction of contagious
diseases into the Town; to establish quarantine regulations and to
authorize the removal and confinement of persons having contagious
or infectious diseases; to prevent and remove all nuisances; and to
inspect, regulate and abate any buildings, structures or places which
cause or may cause unsanitary conditions or conditions detrimental
to health, provided that nothing herein shall be construed to affect
in any manner any of the powers and duties of the State Board of Health,
the County Board of Health or any public general or local law relating
to the subject of health.
(31)
House numbers: to regulate the numbering of houses and lots
and to compel owners to renumber the same or, in default thereof,
to authorize and require the same to be done by the Town at the owner's
expense, such expense to constitute a lien upon the property, collectible
as tax moneys.
(32)
Jail: to establish and regulate a station house or lockup for
temporary confinement of violators of the laws and ordinances of the
Town or to use the county jail for such purpose.
(33)
Licenses: subject to any restrictions imposed by the public
general laws of the state, to license and regulate all persons beginning
or conducting transient or permanent business in the Town for the
sale of any goods, wares, merchandise or services; to license and
regulate any business, occupation, trade, calling or place of amusement
or business; and to establish and collect fees and charges for all
licenses and permits issued under the authority of this Charter.
(34)
Liens: to provide that any valid charges, taxes or assessments
made against any real property within the Town shall be liens upon
such property, to be collected as municipal taxes are collected.
(35)
Lights: to provide for the lighting of the Town.
(36)
Livestock: to regulate and prohibit the running at large of
cattle, horses, swine, fowl, sheep, goats, dogs or other animals and
to authorize the impounding, keeping, sale and redemption of such
animals when found in violation of the ordinance in such cases provided.
(37)
Markets: to obtain by lease or rent, own, construct, purchase,
operate and maintain public markets within the Town.
(38)
Minor privileges: to regulate or prevent the use of public ways,
sidewalks and public places for signs, awnings, posts, steps, railings,
entrances, racks, posting handbills and advertisements and display
of goods, wares and merchandise.
(39)
Noise: to regulate or prohibit unreasonable ringing of bells,
crying of goods or sounding of whistles and horns.
(40)
Nuisances: to prevent or abate by appropriate ordinances all
nuisances in the Town which are so defined at common law, by this
Charter or by the laws of the State of Maryland, whether the same
be herein specifically named or not, and to regulate, to prohibit,
to control the location of or to require the removal from the Town
of all trading in, handling of or manufacture of any commodity which
is or may become offensive, obnoxious or injurious to the public comfort
or health. In this connection, the Town may regulate, prohibit, control
the location of or require the removal from the Town of such things
as stockyards, slaughterhouses, cattle or hog pens, tanneries and
renderies. This listing is by way of enumeration, not limitation.
(41)
Obstructions: to remove all nuisances and obstructions from
the streets, lanes and alleys and from any lots adjoining thereto
or any other places within the limits of the Town.
(42)
Parking facilities: to license and regulate and to establish,
obtain by purchase, by lease or by rent, own, construct, operate and
maintain parking lots and other facilities for off-street parking.
(43)
Parking meters: to install parking meters on the streets and
public places of the Town in such places as it shall, by ordinance,
determine and by ordinance prescribe rates and provisions for the
use thereof, except that the installation of parking meters on any
street or road maintained by the Maryland State Highway Administration
must first be approved by the Highway Administration.
(44)
Parks and recreation: to establish and maintain public parks,
gardens, playgrounds and other recreational facilities and programs
to promote the health, welfare and enjoyment of the inhabitants of
the Town.
(45)
Police force: to establish, operate and maintain a police force.
All Town policemen shall, within the municipality, have the powers
and authority of constables in this state.
(46)
Police powers: to prohibit, suppress and punish within the Town
all vice, gambling and games of chance; prostitution and solicitation
therefor and the keeping of bawdy houses and houses of ill fame; all
tramps and vagrants; and all disorder, disturbances, annoyances, disorderly
conduct, obscenity, public profanity and drunkenness.
(47)
Property: to acquire, by conveyance, purchase or gift, real
leasable property for any public purposes; to erect buildings and
structures thereon for the benefit of the Town and its inhabitants;
to convey any real or leasehold property when no longer needed for
the public use, after having given at least 20 days' public notice
of the proposed conveyance; and to control, protect and maintain public
buildings, grounds and property of the Town.
(48)
Quarantine: to establish quarantine regulations in the interests
of the public health.
(49)
Regulations: to adopt by ordinance and enforce within the corporate
limits police, health, sanitary, fire, building, plumbing, traffic,
speed, parking and other similar regulations not in conflict with
the laws of the State of Maryland or with this Charter.
(50)
Sidewalks: to regulate the use of sidewalks and all structures
in, under or above the same; to require the owner or occupant of premises
to keep the sidewalks in front thereof free from snow or other obstructions;
and to prescribe hours for cleaning sidewalks.
(51)
Sweepings: to regulate or prevent the throwing or depositing
of sweepings, dust, ashes, offal, garbage, paper handbills, dirty
liquids or other unwholesome materials into any public way or onto
any public or private property in the Town.
(52)
Taxicabs: to license, tax and regulate public hackmen, taxicab
men, draymen, drivers, cabmen, porters and expressman and all other
persons pursuing like occupations.
(53)
Vehicles: to regulate and license wagons and other vehicles
not subject to the licensing powers of the State of Maryland.
(54)
Voting machines: to purchase, lease, borrow, install and maintain
voting machines for use in Town elections.
(55)
Zoning: to exercise the powers as to planning and zoning conferred
upon municipal corporations generally in Article 66B of the Annotated
Code of Maryland, subject, however, to the limitations and provisions
of said article.
C.
Saving clause. The enumeration of powers in this section is not to
be construed as limiting the powers of the Town to the several subjects
mentioned.
D.
Exercise of powers. For the purpose of carrying out the powers granted
in this section or elsewhere in this Charter, the Council may pass
all necessary ordinances. All the powers of the Town shall be exercised
in the manner prescribed by this Charter or, if the manner is not
prescribed, then in such manner as may be prescribed by ordinance.
A.
Other employment. Except where authorized by law, no Council member
shall hold any other compensated Town office or employment during
the term for which the member was elected to the Council nor for one
year following the expiration of the member's term of office.
B.
Bids and contracts. It shall be unlawful for any Council member to
bid or enter into or be in any way financially interested in a contract
for the working of any public road or street, the construction or
building of any bridge, the erecting or building of any house or for
the performance of any other public work in which said officer was
a party to the letting.
C.
Conflict of interests. No Council member or other Town officer or
employee shall purchase supplies, goods or materials for public use
from any firm or corporation in which the member is either directly
or indirectly financially interested nor in any manner share in the
proceeds of such purchase, nor shall the Town pay for such supplies,
goods or materials so purchased.
A.
Procedure. No ordinance shall be passed at the meeting at which it
is introduced. At any regular or special meeting of the Council held
no less than six nor more than 60 days after the meeting at which
any ordinance was introduced, it shall be passed or passed as amended
or rejected or its consideration deferred to some specified future
date. In cases of emergency, the provision that an ordinance may not
be passed at the meeting at which it is introduced may be suspended
by the affirmative vote of 2/3 of the Council. Every ordinance, unless
it is passed as an emergency ordinance, shall become effective at
the expiration of 20 calendar days following passage by the Council.
B.
Action requiring an ordinance.
(1)
In addition to other acts required by law or by specific provision
of this Charter to be done by ordinance, those acts of the Council
shall be by ordinance which:
(a)
Adopt or amend an Administrative Code or establish, alter or
abolish any Town department, office or agency.
(b)
Provide for a fine or other penalty or establish a rule or regulation
for violation of which a fine or other penalty is imposed.
(c)
Levy taxes, except as otherwise provided with respect to the
property tax levied by adoption of the budget.
(d)
Grant, renew or extend a franchise.
(e)
Regulate the rate charged for its services for public utility.
(f)
Authorize the borrowing of money.
(g)
Purchase, convey or lease or authorize the purchase, conveyance
or lease of any lands of the Town.
(h)
Amend or repeal any ordinance previously adopted, except as
otherwise provided with respect to repeal of ordinances reconsidered
under the referendum power.
(2)
This subsection is not to be construed as limiting ordinance requirements
to the several subjects listed.
C.
Emergency ordinances. To meet a public emergency affecting life,
health, property or the public peace, the Council may adopt one or
more emergency ordinances, but such ordinances may not levy taxes;
grant, renew or extend a franchise; or regulate the rate charged by
any public utility for its services. An emergency ordinance shall
be introduced in the form and manner prescribed for ordinances generally,
except that it shall be plainly designated as an emergency ordinance
and shall contain, after the enacting clause, a declaration stating
that an emergency exists and describing it in clear and specific terms.
An emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced, but the affirmative
vote of three members of the Council shall be required for adoption.
It shall become effective upon adoption or at such later time as it
may specify. Every emergency ordinance shall automatically stand repealed
as of the 61st day following the date on which it was adopted, but
this shall not prevent reenactment of the ordinance in the manner
specified in this Charter if the emergency still exists. An emergency
ordinance may also be repealed by an adoption of a repealing ordinance
in the same manner specified in this section for adoption of emergency
ordinances.
D.
Enforcement. To ensure the observance of the ordinances of the Town,
the Council shall have the power to provide that violation thereof
shall be a misdemeanor and shall have the power to affix thereto penalties
of a fine not to exceed $1,000 or imprisonment for not exceeding six
months, or both such fine and imprisonment, or to provide that violation
thereof shall be a municipal infraction and shall have the power to
affix thereto penalties of a fine not to exceed the maximum amount
allowed by law for each infraction. Any person subject to any fine,
forfeiture or penalty by virtue of any ordinance passed under the
authority of this Charter shall have the right of appeal to the appropriate
court in the county in which the fine, forfeiture or penalty was imposed,
pursuant to the Annotated Code of the State of Maryland. The Council
may provide that, where the violation is of a continuing nature and
is persisted in, a conviction for one violation shall not be a bar
to conviction for a continuation of the offense subject to the first
or any succeeding conviction.
E.
Referendum.
(1)
Powers. The qualified voters of the Town shall have power to require
reconsideration by the Council of any adopted ordinance and, if the
Council fails to repeal an ordinance so reconsidered, to approve or
reject it at a Town election, provided that such power shall not extend
to the budget or capital program or any emergency ordinance or ordinance
relating to appropriation of money or levy of taxes, except as provided
in § C5-13C of this Charter.
(2)
Commencement of proceedings; petitioners' committee; affidavit. Any
10 qualified voters may commence referendum proceedings by filing
with the Clerk of Council an affidavit stating that they will constitute
the petitioners' committee and be responsible for circulating the
petition and filing it in proper form, stating their names and addresses
and specifying the address to which all notices to the committee are
to be sent and setting out, in full, the proposed ordinance or citing
the ordinance sought to be reconsidered. Promptly after the affidavit
of the petitioners' committee is filed, the Clerk of Council shall
issue the appropriate petition blanks to the petitioners' committee.
(3)
Petitions.
(a)
Number of signatures. Referendum petitions must be signed by
qualified voters of the Town equal in number to at least 20% of the
total number of qualified voters registered to vote at the last regular
Town election.
(b)
Form and content. All papers of a petition shall be uniform
in size and style and shall be assembled as one instrument for filing.
Each signature shall be executed in ink or indelible pencil and shall
be followed by the address of the person signing. Petitions shall
contain or have attached thereto throughout their circulation the
full text of the ordinance proposed or sought to be reconsidered.
(c)
Affidavit of circulator. Each paper of a petition shall have
attached to it when filed an affidavit executed by the circulator
thereof stating that he personally circulated the paper, the number
of signatures thereon, that all the signatures were affixed in his
presence, that he believes them to be the genuine signatures of the
persons whose names they purport to be and that each signer had an
opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
(d)
Time for filing referendum petitions. Referendum petitions must
be filed within 20 calendar days after adoption by the Council of
the ordinance sought to be reconsidered.
(4)
Procedure after filing.
(a)
Certificate of Clerk of Council; amendment. Within 20 days after the petition is filed, the Clerk of Council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk of Council within two days after receiving the copy of his certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of Subsection E(3)(b) and (c), and, within five days after it is filed, the Clerk of Council shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail, as in the case of an original petition. If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under Subsection E(4)(b) of this section within the time required, the Clerk of Council shall promptly present his certificate to the Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
(b)
Council review. If a petition has been certified insufficient
and the petitioners' committee does not file notice of intention to
amend it or if an amended petition has been certified insufficient,
the committee may, within two days after receiving the copy of such
certificate, file a request that it be reviewed by the Council. The
Council shall review the certificate at its next meeting following
the filing of such request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the sufficiency
of the petition.
(c)
Court review; new petition. A final determination as to the
sufficiency of a petition shall be subject to a court review at the
initiative of the petitioners' committee.
(5)
Referendum petitions; suspension of effect of ordinance. When a referendum
petition is filed with the Clerk of Council, the ordinance sought
to be reconsidered shall be suspended from taking effect. Such suspension
shall terminate when:
(6)
Action on petitions.
(a)
Action by Council. When a referendum petition has been finally
determined sufficient, the Council shall promptly reconsider the referred
ordinance. If the Council fails to repeal the referred ordinance within
30 days after the date the petition was finally determined sufficient,
it shall submit the referred ordinance to the voters of the Town.
(b)
Submission to voters. The vote of the Town on a referred ordinance
shall be held not less than 30 days and not later than one year from
the date of the final Council vote thereon. If no regular Town election
is to be held within the period prescribed in this subsection, the
Council shall provide for a special election; otherwise, the vote
shall be held at the same time as such regular election, except that
the Council may, in its discretion, provide for a special election
at an earlier date within the prescribed period. Copies of the proposed
or referred ordinance shall be made available to the voters no less
than 10 days prior to the election.
(7)
Withdrawal of petitions. Referendum petitions may be withdrawn at
any time prior to the 15th day preceding the day scheduled for a vote
of the Town by filing with the Clerk of Council a request for withdrawal
signed by at least eight members of the petitioners' committee. Upon
the filing of such request, the petition shall have no further force
or effect, and all proceedings thereon shall be terminated.
(8)
Results of election. If a majority of the qualified voters voting
on a referred ordinance vote against it, it shall be considered repealed
upon certification of the election results.
There shall be a Clerk of Council appointed by the Council who
shall serve at the pleasure of the Council under the direct supervision
of the Manager. The Clerk of Council shall be subject to discipline
by the Manager with the approval of the Council. The compensation
of the Clerk of Council shall be determined by the Manager, subject
to the appropriation of sufficient funds in the Town budget. The Clerk
of Council shall attend all regular meetings of the Council and such
other meetings of the Council as required by the Council and keep
full and accurate account of the proceedings of the Council. The Clerk
of Council shall have such other powers and duties as are specified
by this Charter, by ordinance, or by the Council or Manager not inconsistent
with this Charter or an ordinance.
