[L. 1943, Ch. 710 (Title 34).]
Any ordinance, except an ordinance authorizing an issue of obligations, directing a local improvement, making a general tax levy, appropriating money or involving an expenditure other than one to be made from taxes to be levied for the fiscal year in which such expenditure is to be made, may be introduced into the Council by petition of the elector as hereinafter provided. The power so to introduce ordinances shall, for the purpose of this Charter, be designated "the initiative;" ordinances so introduced shall be designated "initiated ordinances;" and petitions accompanying such ordinances shall be designated "initiating petitions."
Signatures to an initiating petition need not all be appended to one paper, but all such papers respecting the same proposed ordinance shall be uniform and each shall contain: (1) the complete text of the ordinance to be introduced; (2) the names of five electors who shall serve as a committee for the petitioners; (3) a request that the Council proceed to consider the ordinance in accordance with the provisions of this local law; and (4) the signatures and addresses of not fewer than 10% of the voters who registered for the last preceding general election. Signatures to initiating petitions shall be made in ink or indelible pencil, and to each such paper shall be attached the affidavit of the circulator thereof to the effect that he, and he only, circulated such paper, and that all the signatures thereto were made in his presence and are the genuine signatures of the persons whose names they purport to be. All initiating petition papers respecting the same proposed ordinances shall be assembled and filed with the City Clerk as one instrument.
The City Clerk shall examine any initiating petitions filed with him and shall transmit to the Council, at a regular meeting held not later than 20 days from the date of the filing of the petition, a copy of the initiated ordinance and a certificate that he has examined the petition and has found that it complies or does not comply, as the case may be, in all respects with the requirements of the preceding section. If the petition has been found sufficient, the Council shall proceed to consider the proposed ordinance, provide for the publication thereof in the official newspaper prior to the next regular meeting of the Council and provide for public hearings thereon.
The Council may adopt, amend or reject the initiated ordinance, but if the Council has not taken final action thereon within 30 days from the date of the transmission of the certificate by the City Clerk, the initiated ordinance shall be deemed to have been adopted.
If the Council rejects an initiated ordinance or adopts it in amended form, the committee for the petitioners, not later than 10 days after the final action by the Council thereon, may file with the City Clerk a certified copy of the ordinance either as originally presented or as amended by the committee and a request that such ordinance be referred to the electors. The Clerk shall present such ordinance and such request to the Council at its next regular meeting and the Council, at the same meeting, shall provide for the submission of the ordinance to the electors at the next general election occurring not less than 15 days after the date of said meeting. The Clerk, not more than 10 nor less than five days before the election thereon, shall publish in the official newspaper the complete text of the proposed ordinance and the title by which it will be designated on the ballot. Such title shall be a clear and concise description, without argument, of the substance of the ordinance. The ballot used in voting on any such ordinance shall contain, in addition to the ballot title, the following propositions in the order indicated: "For the ordinance" and "Against the ordinance." A vote on the question shall be registered by voting for one of such propositions. The ordinance shall be considered adopted only if a majority of the votes cast are "For the ordinance."
An ordinance which has been so adopted shall not be repealed or amended within one year except by a vote of the electors, unless such ordinance shall otherwise expressly provide.
[L. 1943, c. 710 (Title 34).]
Any ordinance or part of an ordinance adopted by the Council, except ordinances authorizing an issue of obligations, making a general tax levy, confirming a general tax roll, appropriating or expending money other than out of taxes to be levied for the fiscal year in which such appropriation or expenditure is to be made, may be suspended in its operation, and its submission to the electors at a general election is required by petitions of the electors filed with the City Clerk within 30 days after its adoption. The power so to require the submission of an ordinance to the electors shall, for the purposes of this Charter, be designated "The Referendum;" ordinances referred to the electors shall be designated "referred ordinances;" and petitions requiring ordinances to be referred shall be designated "referendum petitions."
Signatures to referendum petitions need not all be appended to one paper, but all such papers respecting the same ordinance shall be uniform and each shall contain: (1) a descriptive title, which need not be the legal title, of the ordinance or part of an ordinance to be referred to the electors; (2) a request that the Council adopt the necessary resolution referring said ordinance or part of an ordinance to the electors in accordance with the provisions of this Charter; and (3) the signatures and addresses of not fewer than 10% of the voters who registered for the last preceding general election. All signatures shall be in ink or indelible pencil.
Each separate paper of a referendum petition shall bear the sworn affidavit of the circulator thereof to the effect that he, and he only, circulated such paper, and that all the signatures thereto were made in his presence and are the genuine signatures of the persons whose names they purport to be. All referendum petition papers respecting the same ordinance shall be assembled and filed with the City Clerk as one instrument.
The City Clerk shall examine any referendum petitions filed with him and shall transmit to the Council at a regular meeting held not later than 20 days after the date of the filing of the petition a certificate that he has examined the petition and has found it complies, or does not comply, as the case may be, with the requirements of the preceding section. If the petition has been found sufficient, the Council, at the same meeting, shall proceed to reconsider the ordinance or part thereof, and its final vote upon such reconsideration shall be upon the question "shall the ordinance (or part of the ordinance) set forth in the referendum petition be repealed?" If upon such reconsideration the ordinance, or part thereof, is not repealed, the Council, at the same meeting, shall provide for the submission of the ordinance to the electors at the next municipal election occurring not less than 15 days after the date of the said meeting. The referred ordinance shall be suspended in its operation from the date of the Clerk's certification to the Council that a sufficient referendum petition thereon has been filed. The Clerk, not more than 10 days nor less than five days before the election thereon, shall publish in the official newspaper the complete text of the referred ordinance and the title by which it will be designated on the ballot. Such title shall be a clear and concise description, without argument, of the substance of the ordinance. The ballot used in voting on any such ordinance shall contain, in addition to the ballot title, the following propositions in the order indicated: "For the ordinance" and "Against the ordinance."
A vote on the question shall be registered by voting for one of such propositions. If a majority of the votes cast are "For the ordinance," the ordinance shall be considered sustained. If a majority of the votes cast are "Against the ordinance," the ordinance shall be considered repealed. If so repealed all rights and privileges conferred by the said ordinance shall be null and void, but any such ordinance so repealed shall be deemed sufficient authority for any payments made or expense incurred by the city in accordance therewith prior to the date of the Clerk's certification to the Council that a sufficient referendum petition has been filed. The Council may require that the referred ordinance be voted upon at a special election held not earlier than 45 days after the receipt of the referendum petition by the City Clerk.
[L. 1943, c. 710 (Title 34).]
In case a referendum petition is filed requiring that an ordinance passed by the Council involving the expenditure of money out of taxes to be levied for the fiscal year in which such expenditure is to be made is submitted to a vote of the electors, all steps preliminary to such actual expenditure or, in the case of a public improvement, the actual execution of the contract for such improvement, may be taken prior to the election.
[L. 1943, c. 710 (Title 34).]
The Council may submit on its own initiative a proposition for the enactment, repeal or amendment of any ordinance (except as otherwise provided in Sections 29 and 33 of this local law or in the Local Finance Law) to be voted upon at any general city election or special election called for the purpose, and should a majority of the votes cast at such election favor such proposition, such ordinance shall be enacted, repealed or amended accordingly.