Municipal legislation shall be by ordinance. Each ordinance
shall be identified by a number and a short title. The enacting clause
of each ordinance shall be "The Town of Derry Ordains," and the effective
date of each ordinance shall be specified in it. All ordinances shall
be recorded at length uniformly and permanently by the Clerk of the
Town Council, and each ordinance so recorded shall be authenticated
by the signature of the Chairman of the Town Council and the Clerk
of the Town Council.
An emergency ordinance shall be introduced in the form and manner
prescribed for ordinances generally, except that it shall contain
statements after the enacting clause declaring that an emergency exists
and describing the scope and nature of the emergency in clear and
specific terms. A preamble which declares and defines the emergency
shall be separately voted on and shall require the affirmative vote
of 2/3 of all the members of Town Council. Action on an emergency
ordinance shall be taken without amendment at the meeting at which
the ordinance is introduced. No ordinance making a grant, renewal
or extension, whatever its kind or nature, of any franchise or special
privilege shall be passed as an emergency ordinance, and except as
provided by law relating to utility lines, no such grant, renewal
or extension shall be made otherwise than by the regular procedure
established for ordinances. After its adoption, an emergency ordinance
shall be published as prescribed for other adopted ordinances. It
shall become effective upon adoption or at such time as it may specify.
Not later than 18 months after taking office under this Charter
and at least every fifth year thereafter, the Town Council shall have
prepared a revision or codification of the ordinances of the Town
which are appropriate for continuation as local laws of the Town.
All bylaws, ordinances, rules, restrictions and regulations
of the Town of Derry which are in effect as of the effective date
of this Charter, and are not inconsistent with this Charter, shall
remain in effect after the adoption of this Charter until they expire
by their terms or are repealed, modified or amended by the Council.
[Amended 9-11-2012]
On the first occasion that the question on adoption of a measure
is put to the Town Council, if two Councilors object to the taking
of the vote, the vote shall be postponed until the next meeting of
the Town Council whether regular or special. The Councilors who raise
the objection shall state the basis for the objection and cite the
Charter provision or other applicable law being relied upon in making
the objection. This procedure shall not be used more than once for
any agenda item. Any item once postponed shall not be further postponed
under this section. The Charter objection privilege is not available
with respect to an emergency ordinance.