[Amended 11-7-1978]
Any five qualified electors of the Town may
commence initiative or referendum proceedings by filing with the Town
Clerk an affidavit stating they will constitute the petitioners' committee
and be responsible for circulating the petition and filing it in proper
form, stating their names and addresses and specifying the address
to which all notices to the committee are to be sent, and setting
out in full the proposed initiative ordinance or citing the ordinance
sought to be reconsidered. Promptly after the affidavit of the petitioners'
committee is filed, the Town Clerk shall issue the appropriate petition
blanks to the petitioners' committee.
[Amended 11-7-1978; 11-7-2000]
A. Number of signatures. Initiative petitions for purposes
of proposing ordinances to the Town Council must be signed by electors
equal in number to 5% of the total number of electors. If a proposed
ordinance so initiated is not adopted by the Town Council without
change of substance, it shall then be submitted to the registered
electors of the Town at a Town election as hereinafter provided, but
only if petitions proposing the ordinance have been signed (either
before or after presentation to the Town Council) by electors equal
in number to 10% of the total number of electors. Referendum petitions
must be signed by electors equal in number to 5% of the total number
of electors. If an ordinance so required to be reconsidered by the
Town Council is not repealed by the Town Council, the proposal to
repeal the same shall then be submitted to the registered electors
of the Town at a Town election as provided, but only if petitions
proposing the reconsideration have been signed (either before or after
reconsideration by the Town Council) by electors equal in number to
10% of the total number of electors.
B. Rules. To be counted as a signer of a petition, the
signer must be a qualified registered voter of the Town at the time
the petition is presented to the Town Clerk. The term "the total number
of electors" as used herein means the total number of qualified registered
electors of the Town at the most recent regular Town election. The
Board of Canvassers has the authority to issue further rules not inconsistent
with these provisions regulating the form of petitions, the form of
evidence to be required with respect to the circulation and signature
of petitions and other procedural matters which reasonably should
be regulated with respect to initiative and referendum petitions.
The Town Clerk shall make all determinations as to the sufficiency
of petitioners, the validity of signatures and the like, subject to
the right of the petitioners' committee to appeal the same to the
Board of Canvassers, whose determination shall be final and binding
on all parties.
C. Procedure as to valid petitions. When an initiative
or referendum petition has been finally determined sufficient, the
Town Council shall promptly consider the proposed initiative ordinance
or reconsider the referred ordinance, in both cases in the same manner
as provided for adoption of an ordinance proposed by a member of the
Town Council, including public hearing. If the Town Council fails
to adopt a proposed initiative ordinance without any change in substance
within 60 days or fails to repeal the referred ordinance within 60
days after the date of public hearing, and if by the expiration of
that period valid petitions signed by the requisite number of electors
are on file with the Town Clerk, it shall submit the proposal or referred
ordinance to the electors of the Town.
[Amended 11-7-1978; 11-7-2000]
The vote of the Town on a proposed or referred
ordinance shall be held not less than 30 days and not later than one
year from the date of a final Town Council vote thereon. If no regular
Town election is to be held within the period prescribed in this section,
the Town Council shall provide for a special election; otherwise,
the vote shall be held at the same time as such regular election,
except that the Town Council may at its discretion provide for a special
election at an earlier date within the prescribed period. Copies of
the proposed or referred ordinance shall be made available at the
polls and the Town Hall.
[Amended 11-7-1978; 11-4-1986]
A. Initiative. If a majority of the qualified electors
voting on a proposed initiative ordinance votes 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 Town Council; provided, however, any
initiative ordinance enacted under this Charter may not be repealed
by the Town Council less than one year following its adoption. 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.
B. Referendum. If a majority of the qualified electors
voting on a referred ordinance votes against it, it shall be considered
repealed upon certification of the election results. No referred ordinance
repealed under this Charter shall be reenacted by the Town Council
less than one year following its repeal.