[HISTORY: Adopted by the City Council of
the City of Lebanon 6-21-1989 by Ord. No. 1. Amendments noted where
applicable.]
In order to establish uniformity of procedure
and form as to ordinances adopted by the City Council and the initiation
of proposed ordinances or amendments, the following is hereby adopted.
[Amended 7-6-2022 by Ord. No. 2022-02]
Any member of the City Council, the City Manager, or 10 or more citizens qualified to vote in the city, may petition the City Council to adopt an ordinance or to amend an existing ordinance. Such petition shall be placed on the Council's agenda for consideration within 30 days of receipt. Should the Council determine such proposed ordinance or amendment is prudent, a public hearing shall be set within the next 60 days, except for public health emergency ordinances under § 115-5.
The Manager shall obtain and submit to the Council
prior to the public hearing a legal opinion in writing as to the authority
and validity of any new, proposed ordinance. Legal review shall not
be required of any amendment to an existing ordinance if such amendment
is a change in form and not in substance, which determination may
be made by the Council. If a legal opinion is obtained the substance
of the opinion shall be made public at the public hearing.
There shall be a public hearing prior to the
adoption of an ordinance or an amendment to an ordinance. Notice of
the day, time and place of the public hearing shall be published in
a newspaper of general circulation, together with the proposed ordinance
or amendment at least 10 days prior to the public hearing, excluding
the day of publication and the day of the hearing. If the proposed
ordinance or amendment is too lengthy to be published in its entirety,
then there shall be an adequate statement describing such proposed
ordinance or amendment and the notice shall indicate where a copy
of the proposed ordinance or amendment is available for public inspection.
A copy of the proposed ordinance or amendment shall be available for
public inspection at City Hall and copies shall be made available.
If the public hearing is adjourned or continued, the same notice shall
be given.
[Added 7-6-2022 by Ord. No. 2022-02[1]]
A.
Definitions. A public health emergency is a condition, situation,
or set of circumstances deemed by the City Council to be so extremely
hazardous or dangerous to life or health that it is necessary to invoke,
require, or utilize prompt or immediate extraordinary measures, actions,
or procedures to prevent, reduce or mitigate widespread injury, illness,
or loss of life. Public health emergencies include but are not limited
to health-related "states of emergency" as defined in RSA 21-P:35,
VIII and "public health emergencies" as used by the U.S. Department
of Health and Human Services. Public health emergencies include but
are not limited to flooding, environmental contamination, infectious
disease outbreak, acts of bioterrorism, and medical needs following
severe weather events or acts of God.
B.
Adoption of public health emergency ordinances.
(1)
Pursuant to RSA 47:17, XV authorizing city councils to adopt bylaws and ordinances for the well-being of the cities, and RSA 47:12 which authorizes city councils to make regulations for the public health and safety of the people under RSA 147:1, the City Council may adopt public health emergency ordinances using this alternate procedure. Unless specifically stated otherwise, the requirements of § 115-4 shall not apply to public health emergency ordinances.
(2)
The Manager shall obtain and submit to the Council prior to any Council
consideration a legal opinion in writing as to the authority and validity
of any new, proposed public health emergency ordinance. Legal review
shall not be required of any amendment to an existing public health
emergency ordinance if such amendment is a change in form and not
in substance, which determination shall be made by the Council. If
a legal opinion is obtained, the substance of the opinion shall be
made public at the Council meeting.
(3)
Notice that the Council will consider and potentially vote on a public
health emergency ordinance shall be included in the agenda for such
meeting posted on the City's website and in accordance with the
provisions of RSA 91-A together with the proposed text of such ordinance.
A copy of the proposed public health emergency ordinance shall be
available for public inspection at City Hall and copies shall be made
available. The Council shall consider and vote on public health emergency
ordinances only at a Council meeting held after such notice in the
agenda. If discussion on the proposed ordinance is continued to another
Council meeting, the same notice shall be given.
(4)
Any public health emergency ordinance adopted by the Council shall
be posted in its entirety on the City's website and posted in
two additional public places as soon as practicable.
C.
Duration and renewal. Every public health emergency ordinance shall expire after 60 days (or earlier as may be stated in such ordinance) unless the Council votes to renew it. Notice of the Council's intent to consider and potentially vote upon renewal shall be given in the same manner as provided in § 115-5B.
Any ordinance adopted by the Council shall be
effective immediately, unless otherwise provided by ordinance.
The form of the ordinance shall be as follows:
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CITY OF LEBANON
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The City of Lebanon ordains as follows:
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TITLE
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1.
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Declaration of Purpose (also include where appropriate
a reference to the authorization under state law for the ordinance).
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2.
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The provisions and requirements of the ordinance
in as many sections as deemed necessary.
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3.
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The procedure and form as set forth herein shall also include any specific requirements for the content of an ordinance or the procedure for the adoption of the ordinance as specified in the City Charter, § C419:24 (Salaries), § C419:52 (Compensation), § C419:58 (Special Assessments), and § C419:63 (Private Use of Public Property) or as specified in an ordinance.
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4.
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The following information shall be included
to indicate conformity with this chapter and shall be set forth in
each ordinance, namely:
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Date of publication of notice for public hearing
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Date of public hearing
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Date of adoption
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Date of notice of adoption and effective date
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Date of recording of the ordinance by the City
Clerk
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Each ordinance as adopted by the Council shall
be authenticated by the signature of the Mayor and the City Clerk
as follows:
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"This ordinance was adopted by the City Council on (date) and is hereby authenticated by the undersigned as required by § C419:22 of the City Charter.
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______________________
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Mayor
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_____________________
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City Clerk"
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