The submission to the vote of the people of any proposed ordinance
or of any ordinance enacted by the city council and which has not
yet gone into effect, may be accomplished by the presentation of a
petition therefor to the city council in the manner hereinafter provided.
Any 10 qualified voters of the City of Old Town may originate a petition
putting in operation the initiative or the referendum, by signing
such petition at the office of the city clerk. Whenever requested
by 10 such voters, the city clerk shall prepare the proper petition
with a copy of the ordinance to be submitted attached thereto and
upon its being signed by 10 voters, the city clerk shall file the
petition and shall issue petition blanks to the petitioners and any
other registered voters who may wish to circulate them. Petition forms
may be filed with the city clerk at any time during the city clerk's
normal office hours within 30 business days after the date the original
petition was filed with the city clerk. The clerk shall note the date
of filing of each form. At the expiration of said 30 days, the city
clerk shall declare the petition closed, and shall, at the first regular
meeting of the city council thereafter, present to that body the petition
with verification of the number of valid signatures thereto attached.
If the number of valid signatures to said petition shall amount to
500 or more, the city council shall immediately take the necessary
steps to submit to the voters of the city the question proposed in
said petition; provided that in case of the referendum, the entire
repeal of the ordinance sought to be referred, and in the case of
the initiative, the passage by the city council of the desired ordinance
shall put an end to all proceedings under said petition.
(Amendment of 11-4-2003)
The petition used to originate the initiative or the referendum
shall be substantially in the following form:
PETITION TO THE CITY COUNCIL
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For the submission to the people of the question:
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Shall the proposed ordinance, a copy of which is hereto attached,
be adopted?
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We, the undersigned, under oath, depose and say: That we are
fully qualified voters of the City of Old Town, residing respectively
at the addresses placed opposite our names, and we hereby petition
the city council to submit the foregoing question to the voters of
the City of Old Town at the next regular municipal election (or at
a special election.)
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Names
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Residence
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Date
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I, __________, a registered voter of the City of Old Town, do
solemnly affirm that I witnessed the signing of each of the above
signatures and that, at the time of said signing, I made certain that
the person affixing his name thereto had reasonable knowledge of the
purpose of the petition.
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Registered Voter
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Whenever there has been originated as aforesaid, a petition
for the reference to the people of any ordinance passed by the city
council, which ordinance has not yet gone into effect, the same shall
be suspended from going into operation until it has been submitted
to a vote of the people and has received the affirmative vote of a
majority of the voters voting on said question.
Within 10 days after an initiative or referendum petition with
the required number of valid signatures is presented by the city clerk,
the city council shall set a time for the holding of a special election,
at which the proposed or suspended ordinance shall be submitted to
the voters of the city, which special election shall be held not less
than 30 nor more than 60 days after such presentation; provided, that
if a petition shall be so presented within four months next preceding
a regular municipal election, no special election shall be called,
but the question shall be submitted at said regular election.
Whenever any ordinance is required by the provisions of this
charter to be submitted to the voters of the city at any election,
the city council shall order one publication of the complete text
thereof to be made in one or more newspapers of Penobscot County,
such publication to be made not less than 10 days nor more than 15
days prior to the election, or in lieu of such publication, the city
council may cause the ordinance to be printed and mailed with a sample
ballot to each voter at least five days prior to the election.
The ballots used when voting upon such proposed ordinance shall
set forth the title thereof in full and state its general nature,
and shall contain the words: "For the Ordinance," and "Against the
Ordinance".
If a majority of the qualified voters voting on said proposed
initiative ordinance, or said referred ordinance, shall vote in favor
thereof, such ordinance shall take effect five days after the declaration
of the official canvass of the return of such election.
Any number of proposed or referred ordinances may be voted upon
at the same election. In the event that two or more ordinances adopted
at the same election shall contain conflicting provisions, the ordinance
receiving the highest number of votes at such election shall be paramount
and all questions of construction shall be determined accordingly.
In the event that two or more ordinances are submitted at the
same election, they shall be placed upon the ballot in order of the
priority of the filing of the respective petitions and shall be given
precedence upon the ballot over any and all questions submitted by
the city council on its own initiative.
The city council may submit, on its own initiative, a proposition
for the enactment, repeal or amendment of any ordinance except as
herein otherwise provided, to be voted upon at any municipal election
and should such proposition receive a majority of the votes cast thereon
at any election such ordinance shall be enacted, repealed, or amended
accordingly. An ordinance adopted by a vote of the people shall not
be repealed or amended except by a vote of the people, unless such
ordinance shall otherwise expressly provide.
The city council shall by ordinance, make such further regulations
as may be necessary to carry out the provisions of this article.