(1)
Initiative. The qualified voters of the town have the power to propose
ordinances to the council and, if the council fails to adopt an ordinance
so proposed without any change in substance, to adopt or reject it
at a town election.
(2)
Referendum. Voters of the town have the 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.
(1)
Voters of the town may at any time propose the enactment of any lawful ordinance by filing a petition stating the complete text of such ordinance, and signed by a number of qualified voters of the town totaling not less than 10% of the number of qualified voters of the town who cast votes in the previous gubernatorial election with the town clerk. The council shall call a public hearing in the manner prescribed in § 2.14, subsection 2, to be held within 30 days from the date of the filing of such petition with the town clerk, and within 60 days after said public hearing hold a special town election for the purpose of submitting to a referendum vote the question of adopting such ordinance, unless prior to the election, such ordinance is enacted by the council in the manner prescribed for ordinances in general. Such ordinance takes effect in the same manner as ordinances of the same kind adopted by the council, provided a majority of those voting thereon have voted in the affirmative.
(2)
Any such proposed ordinance must be examined by an attorney for the
town before it is submitted to the voters. The attorney is authorized
to correct the form of such proposed ordinance for the purpose of
avoiding repetitions, illegalities and unconstitutional provisions,
and to assure accuracy in its text and references and clarity and
precision in its phraseology, but may not materially change its meaning
and effect.
Any proposed ordinance, failing enactment by referendum vote may be the subject of a subsequent petition, which, if brought within two years next following the failed vote, is governed by the provisions of § 11.02, except the referendum vote must be held at the next regular election specified in Article X, § 10.01., or at any intervening special election called for any purpose other than the petition itself, provided the petition is filed with the town clerk at least 90 days prior to the date of such election.
If, within 30 days after the enactment of any ordinance a petition signed by a number of qualified voters of the town totaling not less than 10% of the number of qualified voters of the town who cast votes in the previous gubernatorial election is filed with the town clerk requesting its referral to a referendum, the council shall call a public hearing as provided in § 2.14, subsection 2, to be held within 30 days from the date of the filing of such petition with the town clerk, and shall within 14 days after said public hearing call a special town election for the purpose of submitting to a referendum vote the question of repealing such ordinance. Pending action by the voters of the town, the referred ordinance is suspended upon certification of the petition by the town clerk until it has received a vote of the majority of the legal votes cast on said question.
The form of the ballot for the proposed ordinance (or repeal
of ordinance) must be substantially as follows:
"Shall the proposed ordinance (or repeal of ordinance) a copy
of which is printed herein or attached hereto, be adopted (or repealed)?
Yes_____ No_____
(The voters must indicate their opinion of the same as required
by the ballot instructions.)
