CHAPTER V
LEGISLATION

LEGISLATIVE POWERS:

Section 5.1 The legislative power of the City of Bronson is vested exclusively with the city council, except as otherwise provided by law.

FORMS OF LEGISLATION:

Section 5.2 (a) All legislation of the city shall be by ordinance or by resolution.

(b) A resolution is the official action of the council in the form of a motion adopted by a majority vote of the council members present.

(c) The power of the council to act by resolution is limited to matters required or permitted by law, or this charter, and to matters pertaining to the internal concerns of the city.

(d) The council shall act by ordinance when establishing a rule or regulation which provides for a penalty, when amending or repealing an ordinance previously adopted, or when required by law or this charter.

ACTION REQUIRING AN ORDINANCE:

Section 5.3 In addition to other acts required by law or by specific provision of this charter to be done by ordinance, those acts of the city council shall be by ordinance which:

(1) Adopt or amend an administrative code or establish, alter or abolish any city department, office or agency.

(2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed.

(3) Levy taxes, except as otherwise provided in Chapter VIII with respect to the property tax levied by adoption of the budget.

(4) Grant, renew or extend a license or franchise.

(6) Authorize the borrowing of money, (subject to the provisions of this charter).

(7) Convey or lease or authorize the conveyance or lease of any lands of the city.

(8) Adopt with or without amendment ordinances proposed under the initiative power; and

(9) Amend or repeal anv ordinance previously adopted, except as otherwise provided in this Charter with respect to repeal of ordinances reconsidered under the referendum power.

Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution.

ORDINANCES:

Section 5.4 The style of all ordinances shall be “The City of Bronson ordains”. No ordinance shall be revised, altered or amended by reference to its title only, but the section or sections of the ordinance revised or altered shall be published in full, except as otherwise provided in this charter. An ordinance may be repealed by reference to its number and title only. The effective date of any ordinance shall be prescribed therein, and shall not be less than ten (10) days after its adoption and publication unless the council shall, upon attaching a declaration of emergency affecting the public peace, health and safety, fix an earlier date. No ordinance shall take effect until after publication thereof and no measure making or amending a grant, renewal, or extension of a franchise or other special privilege shall ever be passed as an emergency measure.

PUBLICATION AND RECORDING OF ORDINANCE:

Section 5.5 All ordinances when enacted shall be recorded by the clerk in a book called “The Ordinance Book”, and it shall be the duty of the clerk to authenticate such record by his official signature. Before any ordinance may become operative it shall be published in a newspaper of general circulation.

CODIFICATION:

Section 5.6 (a) Within three (3) years of the effective date of this charter and at least ten (10) years thereafter, the council shall provide for the preparation of a general codification of all city ordinances and resolutions having the effect of law;

(b) The general codification shall be enacted by ordinance and be known as the Bronson City Code; copies of the code shall be furnished to city officials, placed in the city library and at least fifty (50) copies deposited in the office of the city clerk for free public reference, and made available for purchase by the public at cost.

(c) After publication of the first Bronson City Code, new ordinances and resolutions shall be printed annually in a form for integration with code currently in effect.

TECHNICAL REGULATIONS:

Section 5.7 The council may adopt any detailed technical regular, law, or rules which have been promulgated and adopted by an authorized agency of the State, or code which has been promulgated by the State or by a department, board or other agency of the State, by an organization or association which is organized and conducted for the purposes of developing the Code, by reference. The Code shall be clearly identified in the Ordinance, and its purpose shall be published with the adopting Ordinance. Printed copies involving any such technical regulation, law, rule or code shall be kept in the Office of the City Clerk, available for inspection by and distribution to the public at all times. Publication shall contain a notice stating that a complete copy of the code is made available to the public at the office of the City Clerk. Any amendments to or revisions of such technical regulations, laws, rules or codes may be adopted in the same manner.

PENALTIES:

Section 5.8 The council shall provide in each ordinance for the punishment of violations thereof, but, unless permitted by law, no such punishment, excluding the costs charged, shall exceed the maximum fine, or imprisonment, or both, provided by statute, in the discretion of the Court. Imprisonment for violations of ordinances may be in the city or county jail.

INITIATIVE AND REFERENDUM:

Section 5.9 Any ordinance may be initiated by petition. A referendum on an enacted ordinance may be had by petition, as hereinafter provided.

PROCEDURE:

Section 5.10 (a) Initiative. The qualified electors of the city shall have power to propose ordinances to the council. If the council fails to adopt the proposed ordinances or adopts the proposed ordinance but changes its substance, the proposed ordinance shall be submitted to the electors for adoption or rejection at a city election, provided that such power shall not extend to the annual operating budget or capital program or any ordinance relating to appropriation of money or levy of taxes.

(b) Referendum. The qualified electors of the city shall have power to require the council to reconsider any adopted ordinance. If the council fails to repeal an ordinance so reconsidered, the ordinance shall be submitted to the electors for approval or rejection at a city election, provided that such power shall not extend to the annual operating budget or capital programs, any emergency ordinance relating to the appropriation of money or levy of taxes.

INITIATION:

Section 5.11 Any qualified elector of the city may commence initiative or referendum proceedings by filing an affidavit with the city clerk stating the person(s) who will constitute the petitioners committee and will be responsible for circulating the petition and filing it in proper form. The affidavit shall state their names and addresses, shall specify the address to which all notices to the committee are to be sent, and shall set forth in full the proposed initiative ordinance or cite the ordinance sought to be reconsidered.

PETITIONS:

Section 5.12 (a) Initiative and referendum petitions must be signed by at least 15 percent of the qualified electors of the city.

(b) All papers of a petition shall be uniform in size and style and shall be executed in ink or indelible pencil, followed by the address of the person signing and date signed. Throughout their circulation, the petitions shall contain or have attached the full text of the ordinance proposed or sought to be reconsidered.

(c) Each paper of a petition shall have attached, when filed, an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, 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 proposed or sought to be reconsidered.

(d) Referendum petitions must be filed with the city clerk within thirty (30) days after the council adopts the ordinance sought to be reconsidered. Initiative petitions must be filed with the city clerk within one hundred eighty (180) days after filing of the affidavit of the petitioner’s committee.

CERTIFICATION:

Section 5.13 (a) Within twenty (20) days after the petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner’s committee by certified mail. A petition certified insufficient for lack of the required number of signatures may be amended once if the petitioner’s committee files a notice of intention to amend the petition with the city clerk within two (2) days after receiving the copy of the city clerk certificate, excluding weekends and holidays. The amended petition shall comply with the requirements of subsections (b) and (c) of Section 5.12 within five (5) days after it is filed, excluding weekends and holidays, the city clerk shall complete a certificate as to the sufficiency of the petition, as amended, and promptly send a copy of the certificate to the petitioner’s committee by certified mail. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioner’s committee does not elect to amend or request council review under subsection (b) of this Section within the time required, the city clerk shall promptly present the certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition.

(b) The signer of a petition shall sign his name, his place of residence by street and number, and the date of signature. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the clerk who shall, within fifteen (15) days, verify the signatures thereon. If the petition does not contain a sufficient number of registered electors of the city, the clerk shall notify forthwith, by certified mail, the person filing such petition, and fifteen (15) days from such notification shall be allowed for filing of supplemental petition papers. When a petition with sufficient signatures is filed as required and allowed by this section, the clerk shall present the petition to the council at the next regular meeting.

CITY COUNCIL PROCEDURE ON INITIATORY AND REFERENDARY PETITIONS:

Section 5.14 Upon receiving a certified initiatory or referendary petition from the clerk, the council shall within thirty (30) days, unless otherwise provided by statute, either

(a) Adopt the ordinance as submitted by the initiatory petition.

(b) Repeal the ordinance or part thereof referred to by a referendary petition.

(c) Determine to submit the proposal provided for in the petition to the electors.

The result shall be determined by a majority vote of electors voting thereon, except in cases where otherwise required by law or this charter.

SUBMISSION TO ELECTORS:

Section 5.15 Should the council decide to submit the proposal to the electors, it shall be submitted at the next election held in the city for any other purpose, or at the discretion of the council at a special election called for that specific purpose.

GENERAL PROVISIONS:

Section 5.16 Presentation to the council by the clerk of a valid referendary petition shall automatically suspend the operation of the ordinance in question pending repeal by the council or final determination by the electors.

An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed by the council for a period of two (2) years after the date of the election at which it was adopted, and then by the affirmative vote of not less than a majority of the council. Should two (2) or more ordinances adopted at the same election have conflicting provisions the one receiving the highest vote shall prevail.