Chapter III - ORDINANCES

 

Sec. 1.  General enactment authority.

            The council shall have authority to enact ordinances for the preservation of the public peace, health, safety, comfort and welfare of the inhabitants of the city and for the protection of persons and property.

 

Sec. 2.  Penalties authorized.

            The council may provide reasonable penalties for the violation of any ordinance.

 

Sec. 3.  When ordinances required.

            An ordinance shall be required for every act of the council the purpose of which is:

 

            (a)   To levy any tax which lawfully may be levied or imposed.

            (b)   To make an appropriation.

            (c)   To authorize the borrowing of money.

            (d)   To grant a privilege or franchise.

            (e)   To sell or lease real property of the city.

            (f)   To reorganize any offices or departments.

            (g)   To fix compensation.

            (h)   To establish a fine or other penalty.

 

Sec. 4.  Prefiling, notice required.

            Every proposed ordinance or resolution shall be filed with the city clerk by a member of the council not later than seventy two (72) hours previous to that of the meeting at which it is to be introduced, Saturdays, Sundays and legal holidays excepted.  The city clerk shall cause a list thereof by title to be posted in a public place in city hall prior to the time of such meeting, in conformance with any state law regarding the holding of public meeting.  (Election of 11-6-01)

            Editor’s Note—Chapter III, section 4 above is set out as amended at an election called by Ord. No. 2362 adopted December 2, 1968 and held April 1, 1969.  Said amendment was effective at 8:00 p.m., April 30, 1969.

 

Sec. 5.  Approval at two meetings required.

            No ordinance shall be passed by the council unless it shall have been approved at two (2) consecutive regular meetings of the council, except ordinances for the levying of taxes or for the appropriation of money, which shall require only one passage and shall become effective immediately when signed by the mayor.

 

Sec. 6.  Vote required.

            The affirmative vote of a majority of the whole number of members of the council shall be necessary for the passage of any ordinance but a majority of a quorum may transact other business.

 

Sec. 7.  Time lapse before passage.

            No ordinance shall be passed in less than ten (10) days from the time of its introduction in the council.

 

Sec. 8.  Voting procedure; when roll call required.

            The vote upon any ordinance shall be by roll call and entered on the record of proceedings.  A vote by roll call shall be taken on any other matter at the request of any two (2) members.

 

Sec. 9.  Effective date.

            The effective date of any ordinance, except that relating to the appropriation of monies or the levying of taxes, shall be the eleventh consecutive day following its passage or approval by the council unless a subsequent date be prescribed therein.  A resolution shall take effect immediately upon its adoption.

 

Sec. 10.  Emergency ordinances.

            In an emergency affecting the public peace, health or safety, the council by affirmative vote of two thirds (2/3) of the whole number of members, may adopt a declaration of emergency which shall take effect upon passage, and such declaration shall be conclusive as to the existence of such an emergency.  In the event of the need for immediate action, the office of the city clerk as directed by the council president may poll the council for the needed two thirds (2/3) affirmative vote by electronic mail or facsimile, with a vote by written medium requiring the signature of the councilperson.  The emergency ordinance approved by poll vote shall be ratified at the next regular council meeting, and shall not be in conflict with any state law. 

(Election of 11-6-01)

 

Sec. 11.  Adoption by reference.

            An ordinance may incorporate by reference any documents, regulations or codes, copies of which shall be placed on file in the office of the city clerk, for examination by the public so long as the ordinance is in effect.

 

Sec. 12.  Filing, availability of copies.

            A copy of all ordinances and resolutions and of all amendments to and revisions of the same shall be kept on file in the office of the city clerk and shall be open to public inspection.

 

Sec. 13.  Printing, distribution.

            The council shall provide for the printing, publication and distribution of the charter and ordinances of the city and may require that a reasonable charge be made for copies thereof.

 

Chapter III - ORDINANCES
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