A.
General Authority.
(1)
Initiative. The qualified voters of the Borough shall have power
to propose ordinances to the Council and, if the Council fails to
adopt an ordinance so proposed without any change in substance, to
adopt or reject it at a general, municipal, primary or special election,
provided that such power shall not extend to the budget or capital
program or any ordinance relating to appropriation of money, zoning,
levy of taxes or salaries of municipal officers or employees. No proposed
initiative ordinance shall contain more than one subject, which shall
be clearly expressed in its title.
(2)
Referendum. The qualified voters of the Borough shall have power
to require reconsideration by the Council of any adopted ordinance
and, if the Council fails to repeal an ordinance so reconsidered,
to approve or reject it at a general, municipal, primary or special
election, provided that such power shall not extend to the budget
or capital program, any emergency ordinance, any ordinance levying
a special assessment or providing for the issuance of special tax
bills or any ordinance relating to the appropriation of money or levy
of taxes.
B.
Initiative and Referendum Procedures.
(1)
Initiative and referendum procedures shall be initiated upon petition
signed by 10% of the registered voters of the Borough at the time
of the most recent general or municipal election. Every initiative
and referendum petition shall contain or have attached thereto throughout
their circulation the full text of the ordinance proposed or sought
to be reconsidered.
(2)
Each elector signing an initiative or referendum petition shall add
to his signature his occupation, his residence and the date of signing.
Signatures on an initiative or referendum petition may be on separate
sheets, but each sheet shall have appended to it the affidavit of
some person, not necessarily a signer of the petition, that to the
best of the affiant's knowledge and belief the persons whose
signatures appear on the sheet are registered electors of the Borough,
that they signed with full knowledge of the contents of the petition
and that their residences are correctly given.
(3)
An initiative or referendum petition shall be tendered for filing
to the Borough Secretary. No signature shall be counted as valid which
is dated more than 30 days prior to the date the petition is tendered
for filing. Upon tender to the Borough Secretary, the petition shall
be available for examination by any interested person. Within 15 days
after tender of the petition, the Borough Secretary shall have authority
to pass upon the validity of the petition and the validity and number
of signatures required thereon. The decision of the Borough Secretary
shall be subject to immediate review on appeal to the Court of Common
Pleas.
C.
Referendum petitions; effect on ordinances.
(1)
When a referendum petition is filed with the Borough Secretary and
the petition calls for the repeal of an ordinance which was not in
effect at the time the petition was filed with the Borough Secretary,
the effective date of the ordinance will be suspended until final
decision has been made under this article.
(3)
If the ordinance was in effect at the time the petition was filed
with the Borough Secretary, the ordinance will remain in effect until
repealed by the Council or by referendum.
D.
Action on Petitions.
(1)
When an initiative or referendum petition has been finally determined
sufficient, the Council shall promptly consider the proposed initiative
ordinance or reconsider the referred ordinance by voting its repeal.
If the Council fails to adopt a proposed initiative ordinance without
any change in substance within 60 days or fails to repeal the referred
ordinance within 30 days after the date the petition was finally determined
sufficient, it shall submit the proposed or referred ordinance to
the electors of the Borough.
(2)
Submission to Voters. The vote of the Borough on a proposed or referred
ordinance shall be held not less than 30 days and not later than one
year from the date of the final Council vote thereon. The Borough
Secretary shall frame the question and submit the question to the
election officials of Bucks County to be placed on the ballot not
less than 30 days prior to a scheduled election. Copies of the proposed
or referred ordinance shall be made available at the polls and to
the public.
(3)
Withdrawal of Petitions. An initiative or referendum petition may
be withdrawn at any time prior to the 15th day preceding the day scheduled
for a vote of the Borough by filing with the election officials of
Bucks County a request for withdrawal signed by at least 40% of the
petitioners. Upon the filing of such request the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
(4)
Cost. All cost of a petition shall be borne by petitioners.
E.
Results of Election.
(1)
Initiative. If a majority of the qualified electors voting on a proposed
initiative ordinance vote in its favor, it shall be considered adopted
upon certification of the election results and shall be treated in
all respects in the same manner as ordinances of the same kind adopted
by the Borough Council. If conflicting ordinances are approved at
the same election, the one receiving the greatest number of affirmative
votes shall prevail to the extent of such conflict.
(2)
Referendum. If a majority of the qualified electors voting on a referred
ordinance vote against it, it shall be considered repealed upon certification
of the election results.
