In accordance with the procedures hereinafter provided, the citizens of Nanticoke reserve the power to propose agenda items; the power to propose and enact or reject ordinances independent of the City Council and Mayor; and to recall any elective municipal officer (if by amendment to the Commonwealth's Constitution is permitted to do so).
Initiative petitions may, except as otherwise provided herein, propose City Council agenda items on any subject. Such petitions shall be signed by a minimum of 100 qualified electors registered within the City. Each petition shall contain the specific agenda item and details.
A. 
Referendum petitions may, except as otherwise provided herein, propose ordinances on any subject or challenge a proposed and subsequently adopted ordinance. Such petitions shall be signed by a minimum of 250 qualified electors registered within the City.
B. 
Each petition circulated to propose an ordinance shall contain the full text of the measure and enacting clause which shall read as follows: "Be it enacted by the people of Nanticoke City." No signature contained in a petition or initiative shall be valid unless affixed to the petition within 60 days prior to filing of the petition. The affirmative vote of the majority of those voting on the proposed ordinances shall be sufficient for its adoption, and upon certification by the County Board of Elections, the ordinance shall become effective.
C. 
Each petition circulated to prevent, challenge or overturn a proposed and subsequently adopted ordinance shall contain the specific name of the challenged ordinance and the stated reasons for challenge and shall be presented to the office of the Mayor no later than 60 days after adoption. If a challenge petition is presented to the Mayor with the required signatures, the ordinance in question shall be temporarily delayed from becoming effective until after the referendum vote. No signature contained in a petition to challenge shall be valid unless affixed to the petition within 90 days prior to filing of the petition. The affirmative vote of the majority of those voting on the proposed challenge shall be sufficient for its overturn, and upon certification by the County Board of Elections, the ordinance shall be overturned.
A. 
This section shall only be valid if and when the Commonwealth of Pennsylvania's Constitution is amended or changed to permit recall.
B. 
Petitions demanding the recall of any elective municipal officer shall be signed by a minimum of 300 qualified electors within the City. No signature contained in a petition on recall shall be valid unless affixed to the petition within 90 days prior to filing of the petition. If the majority of the votes cast on the question are in favor of recall, the office shall become vacant immediately upon certification of the results by the County Board of Elections. Any vacancy created by recall shall be filled in accordance with § 2.09 or 3.08 of this Charter.
Initiative, referendum and recall shall be governed by the procedures and rules for form and sufficiency of petitions set forth in the article. All initiative petitions shall be filed with the City Clerk. An initiative filed with the City Clerk and meeting all the requirements as set forth shall appear on the next monthly business meeting's agenda. All referendum and recall petitions shall be filed with the County Board of Elections, which shall be the judge for their sufficiency. Any duly proposed ordinance or any question challenging an ordinance or any question on recall shall be submitted to the voters of the City at the next regularly scheduled election held at least 45 days after the petitions are filed at the County Board of Elections.
Initiative and referendum powers shall not extend to:
A. 
The budget or capital program or any ordinance relating to the appropriation of money or levy of taxes. In addition, initiative shall not extend to any issue relating to the salaries of municipal officials or employees, and referendum shall not extend to emergency ordinances.
B. 
No recall petition shall be filed against any incumbent of an elective office within the first year or last year of the term of his/her office, nor shall such petition be filed more than once during his/her term of office; but an officer who has been re-elected for a successive term shall be subject to recall at any time, but not more than once during such term.
A. 
Any ordinance adopted or approved by the voters of the City under this article may not be amended or repealed within two years of the effective date, except upon vote of the electorate.
B. 
Any ordinance repealed through referendum shall not be re-enacted within two years of the effective date of the repeal, except through referendum procedures.
If two or more conflicting ordinances are approved or adopted in the same election, City Council shall, within 60 days, enact amendments or repeals, or both, as may be necessary to remove the conflict between these two or more ordinances. In so doing, City Council shall, whenever reasonably possible, preserve the provisions of that ordinance which, among those in conflict, was adopted or approved by the greatest number of affirmative votes.