[HISTORY: Adopted by the City Council of the City of Sanford 11-12-2013. Amendments
noted where applicable.]
The purpose of this chapter is to provide, pursuant to § 1-1 of the Code and with 30-A M.R.S.A. § 3004, enacting ordinances implementing or clarifying the intent of the Sanford Charter as amended from time to time. No ordinance shall violate the intent of said Charter but shall provide as an instrument to perfect the regulation of governance for all of Sanford. Any future amendment or revision of the Charter shall supersede any conflicting ordinance, and such conflict will be immediately addressed by the City Council.
All ordinances, resolutions or orders, except those enacted
pursuant to Section 214.1 of the Charter, making appointments or removals,
or regulating exclusively the internal procedure of the Council, shall
be subject to overrule by a citizen referendum as follows:
A.
After the adoption of an ordinance, resolution or order by the Council,
the voters may file a petition requesting that such ordinance, resolution
or order be put to a referendum vote.
B.
For purposes of Section 1302 of the Charter, a written request for
blank petition forms to put an ordinance, resolution, or order of
the City Council to a referendum vote must be submitted to the City
Clerk in writing by five or more registered voters within 14 days
of the City Council's final approval of the ordinance, resolution,
or order. The City Clerk will issue petition blanks as soon as practicable.
Said voters shall be referred to as the "Overrule Committee." All
copies of the petition shall be uniform in size and style and shall
include the complete text of the ordinance, resolution or order adopted
by the Council and the names of the Overrule Committee.
C.
The Overrule Committee shall have 30 days from the date of issuance
of appropriate petition blanks to cause the petition to be signed
by 5% of the registered voters of the City.
D.
Each registered voter who signs a petition shall include a place
of residence, providing either the street and number or a description
sufficient to identify the place.
E.
Each petition shall have attached to it, when filed with the City
Clerk, an affidavit executed by the circulator of the petition stating
that he/she personally circulated the attached petition; that it was
at no time in the hands of any person other than the circulator; the
number of signatures thereon; that all the signatures were affixed
in the circulator's presence; that the circulator believes them
to be the genuine signatures of the persons whose names they purport
to be; and that each signer had an opportunity before signing to read
the full text of the ordinance, resolution or order adopted by the
Council. Within 10 days after the circulation period ends, the City
Clerk shall certify to the City Council as to whether the petition
has been signed by not less than 5% of the registered voters of the
City. Should less than 5% of the registered voters of the City sign
the petition, the petition shall have no further force or effect.
F.
The Council shall call a public hearing to be held within 30 days
of receipt of the City Clerk's certification and shall submit
the ordinance, resolution or order to a referendum vote at the next
regular election at least 30 days after the public hearing. The ordinance,
resolution or order shall remain in effect during this period. (NOTE:
A continuation of the proposed ordinance[1] was adopted with amendments at the November 12, 2013,
meeting.
[1]
Editor's Note: The "proposed ordinance" refers to the
ordinance that adopted this chapter.
G.
An ordinance, resolution, or order shall not be repealed unless a
majority of those voting thereon shall have voted in the affirmative
and provided that the total number of votes cast for and against equals
or exceeds 25% of the total number votes cast in Sanford in the last
previous gubernatorial election.
