The voters of any municipality may propose any ordinance and
may adopt or reject the same at the polls, such power being known
as the "initiative." Any initiated ordinance may be submitted to the
Municipal Council by a petition signed, in the case of municipalities
of seventy thousand (70,000) or less inhabitants, by twenty-five percent
(25%) of the registered voters of the municipality, and, in the case
of municipalities of more than seventy thousand (70,000) inhabitants,
by fifteen percent (15%) of the registered voters of the municipality,
except that in the case of municipalities in counties of the First
Class having a population in excess of eight hundred thousand (800,000),
any such initiated ordinance may be submitted to the Municipal Council
by a petition signed by voters of the municipality equal to or in
excess of, in numbers, fifteen percent (15%) of the valid votes cast
in the municipality at the last preceding election for members of
the general assembly.
(Source: L. 1950, c. 210, § 17-35, p. 515; amended
L. 1951, c. 306, § 1, p. 1107.)
The voters shall also have the power of referendum, which is the power to approve or reject at the polls any ordinance submitted by the Council to the voters or any ordinance passed by the Council, against which a referendum petition has been filed as herein provided. No ordinance passed by the Municipal Council, except when otherwise required by general law or permitted by the provisions of §
C9-3B of this Article
IX, shall take effect before twenty (20) days from the time of its final passage and its approval by the Mayor where such approval is required. If, within twenty (20) days after such final passage and approval of such ordinance, a petition protesting against the passage of such ordinance shall be filed with the Municipal Clerk and if the petition shall be signed, in the case of municipalities of seventy thousand (70,000) or less inhabitants, by twenty-five percent (25%) of the registered voters of the municipality, and, in the case of municipalities of more than seventy thousand (70,000) inhabitants, by fifteen percent (15%) of the registered voters of the municipality, or, in the case of municipalities in counties of the First Class having a population in excess of eight hundred thousand (800,000), by voters of the municipality equal to or in excess of, in numbers, fifteen percent (15%) of the valid votes cast in the municipality at the last preceding election for members of the general assembly, the ordinance shall be suspended from taking effect until proceedings are had as herein provided. The provisions of this section shall not apply to any ordinance which, by its terms or by law, cannot become effective in the municipality unless submitted to the voters or which, by its terms, authorizes a referendum in the municipality concerning the subject matter thereof.
(Source: L. 1950, c. 210, § 17-36, p. 516; amended
L. 1951, c. 306, § 2, p. 1107; L. 1979, c. 278, § 2.)
All petition papers circulated for the purposes of an initiative
or referendum shall be uniform in size and style. Initiative petition
papers shall contain the full text of the proposed ordinance. The
signatures to initiative or referendum petitions need not all be appended
to one (1) paper, but to each separate petition there shall be attached
a statement of the circulator thereof as provided by this section.
Each signer of any such petition paper shall sign his name in ink
or indelible pencil and shall indicate after his name his place of
residence by street and number or other description sufficient to
identify the place. There shall appear on each petition paper the
names and addresses of five (5) voters designated as the committee
of the petitioners, who shall be regarded as responsible for the circulation
and filing of the petition and for its possible withdrawal as hereinafter
provided. Attached to each separate petition paper there shall be
an affidavit of the circulator thereof that he and he only personally
circulated the foregoing paper, that all the signatures appended thereto
were made in his presence and that he believes them to be the genuine
signatures of the persons whose names they purport to be.
(Source: L. 1950, c. 210, § 17-37, p. 516.)
All petition papers comprising an initiative or referendum petition
shall be assembled and filed with the Municipal Clerk as one (1) instrument.
Within twenty (20) days after a petition is filed, the Municipal Clerk
shall determine whether each paper of the petition has a proper statement
of the circulator and whether the petition is signed by a sufficient
number of qualified voters. After completing his examination of the
petition, the Municipal Clerk shall certify the result thereof to
the Council at its next regular meeting. If he shall certify that
the petition is insufficient, he shall set forth in his certificate
the particulars in which it is defective and shall at once notify
at least two (2) members of the committee of the petitioners of his
findings.
(Source: L. 1950, c. 210, § 17-38, p. 517.)
An initiative or referendum petition may be amended at any time
within ten (10) days after the notification of insufficiency has been
served by the Municipal Clerk by filing a supplementary petition upon
additional papers signed and filed as provided in the case of an original
petition. The Municipal Clerk shall, within five (5) days after such
an amendment is filed, examine the amended petition, and if the petition
is still insufficient, he shall file his certificate to that effect
in his office and shall notify the committee of the petitioners of
his findings, and no further action shall be had on such insufficient
petition. The finding of the insufficiency of a petition shall not
prejudice the filing of a new petition for the same purpose.
(Source: L. 1950, c. 210, § 17-39, p. 517.)
Upon the filing of a referendum petition with the Municipal
Clerk, the ordinance shall be suspended until ten (10) days following
a finding by the Municipal Clerk that the petition is insufficient,
or, if an amended petition is filed, until five (5) days thereafter
or, if the petition or amended petition is found to be sufficient,
until it is withdrawn by the committee of the petitioners or until
repeal of the ordinance by vote of the Council or approval or disapproval
of the ordinance by the voters.
(Source: L. 1950, c. 210, § 17-40, p. 518.)
Upon a finding by the Municipal Clerk that any petition or amended
petition filed with him in accordance with this Act is sufficient,
the Clerk shall submit the same to the Municipal Council without delay.
An initiative ordinance so submitted shall be deemed to have had first
reading, and provision shall be made for a public hearing.
(Source: L. 1950, c. 210, § 17-41, p. 518.)
If, within sixty (60) days of the submission of a certified
petition by the Municipal Clerk, the Council shall fail to pass an
ordinance requested by an initiative petition in substantially the
form requested or to repeal an ordinance as requested by a referendum
petition, the Municipal Clerk shall submit the ordinance to the voters,
unless, within ten (10) days after final adverse action by the Council
or after the expiration of time allowed for such action, as the case
may be, a paper signed by at least four (4) of the five (5) members
of the committee of the petitioners shall be filed with the Municipal
Clerk requesting that the petition be withdrawn. Upon the filing of
such a request, the original petition shall cease to have any force
or effect.
(Source: L. 1950, c. 210, § 17-42, p. 518.)
Any ordinance to be voted on by the voters in accordance with §
C10-2 or
C10-8 of this article shall be submitted at the next general or regular municipal election occurring not less than sixty (60) days after the date of final action by the Council or the expiration of the time allowed for action by the Council in §
C10-8 of this article, as the case may be, provided that if no such election is to be held within ninety (90) days, the Council may, in its discretion, provide for a special election.
(Source: L. 1950, c. 210, § 17-43, p. 518.)
Any number of proposed ordinances may be voted upon at the same
election in accordance with the provisions of this article, but there
shall not be more than one (1) special election in any period of six
(6) months for such purpose.
(Source: L. 1950, c. 210, § 17-44, p. 519.)
Whenever an ordinance is to be submitted to the voters of the
municipality at any election in accordance with this article, the
Clerk shall cause the ordinance to be published in at least two (2)
of the newspapers published or circulated in the municipality. The
publication shall be not more than twenty (20) nor less than five
(5) days before the submission of the ordinance or proposition to
be voted on.
(Source: L. 1950, c. 210, § 17-45, p. 519.)
The ballots to be used at such election shall be in substantially
the following form:
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"To vote upon the public question printed below, if in favor
thereof, mark a cross (X) or plus (+) or check (✓) in the square
at the left of the word Yes, and if opposed thereto, mark a cross
(X) or plus (+) or a check (✓) in the square to the left of
the word No."
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_____
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Yes
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"Shall the ordinance (indicate
whether submitted by the Council or
initiative or referendum petition)
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_____
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No
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providing for (here state nature of
proposed ordinance or proposition)
be adopted?"
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(Source: L. 1950, c. 210, § 17-46, p. 519.)
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If a majority of the qualified electors voting on the proposed
ordinance shall vote in favor thereof, such ordinance shall thereupon
become a valid and binding ordinance of the municipality and be published
as in the case of other ordinances. If the provisions of two (2) or
more measures approved or adopted at the same election conflict, then
the measure receiving the greatest affirmative vote shall control.
(Source: L. 1950, c. 210, § 17-47, p. 519.)