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:
"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."
_____
Yes
"Shall the ordinance (indicate
whether submitted by the Council or
initiative or referendum petition)
_____
No
providing for (here state nature of
proposed ordinance or proposition)
be adopted?"
(Source: L. 1950, c. 210, § 17-46, p. 519.)
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.)