Loading...
Each ordinance or resolution shall contain only one (1) subject which shall be expressed in its title, provided, however, that appropriation ordinances may contain the various subjects, accounts and amounts for which monies are appropriated, and that ordinances and resolutions which are codified or recodified are not subject to the limitation of containing one (1) subject.
Each ordinance or resolution shall be read fully and distinctly at two (2) meetings of Council separated by at least ten (10) days. Council may, upon affirmative vote by four (4) Councilmen, dispense with the requirement that an ordinance or resolution be read on two (2) separate days and authorize the adoption of an ordinance or resolution as emergency legislation upon its first reading; and Council may, upon affirmative vote by four (4) Councilmen, dispense with the requirement that an ordinance or resolution be read fully and distinctly for its first or second reading, or for both its first and second readings, and authorize such reading or readings to be by title only. Motions to dispense with the requirement that an ordinance or resolution be read on two (2) separate days and motions to dispense with the requirement that an ordinance or resolution be read fully and distinctly shall be separately stated, and a separate vote shall be taken on each such motion.
The vote by Council upon the passage of each motion, ordinance and resolution shall be taken by yeas and nays and entered on the Journal. The passage of motions shall require a majority vote by Council. A vote on the question of passage of each ordinance or resolution shall be taken following each reading; and no ordinance or resolution shall be passed without a majority vote of all members of Council, except that each emergency ordinance or resolution shall require the affirmative vote by at least five (5) members of Council for its enactment, provided, however, that if such emergency ordinance or resolution shall fail to receive the required affirmative vote by five (5) members of Council, but receives the necessary majority vote for passage as a non-emergency ordinance or resolution, it shall be considered passed as a non-emergency ordinance or resolution and shall become effective as provided by this Charter. A majority of the members present at any regular or special meeting of Council may compel the attendance of absent members as provided in Section 4.10 of this Charter.
Each ordinance or resolution shall be authenticated by the signature of the Presiding Officer of Council and the Clerk of Council; however, the failure or refusal of such officers to sign such ordinances or resolutions shall not invalidate an otherwise properly enacted ordinance or resolution.
(Amended Nov. 2, 1976)
Each ordinance or resolution shall be recorded in a book or other record prescribed by the Council, established and maintained for that purpose. The Clerk of Council, or a duly authorized deputy to said Clerk, shall, upon the request of any person and upon the payment of a fee, as established by the Council, certify true copies of any ordinance or resolution, which certified copies shall be admissable as evidence in any court.
No ordinance or resolution, or any section thereof, shall be revised or amended unless the new ordinance or resolution contains the entire ordinance, resolution or section or subsection as revised or amended, and the ordinance, resolution or section or subsection so amended shall be repealed. This requirement shall not prevent the amendment of an ordinance or resolution by the addition of a new section, sections, subsection or subsections and in such case the full text of the former ordinance or resolution need not be set forth. This requirement shall not prevent repeals by implication by the subsequent enactment of an inconsistent provision.
Except in the case of a codification or recodification of ordinances and resolutions, a separate vote shall be taken on each ordinance or resolution proposed to be amended.
Ordinances and resolutions that have been introduced and have received their first reading, or their first and second reading, but have not been voted on as to passage, may be amended or revised upon approval of a majority vote of the members of the Council, and such amended or revised ordinance or resolution need not receive readings in addition to the readings required by Section 6.05 of this Charter because of such amendment or revision.
Each ordinance or resolution establishing, amending, revising, changing or repealing zoning classifications, districts, uses, or regulations shall be referred to the Planning Commission immediately after its first reading. Within thirty (30) days of such referral the Planning Commission shall cause such ordinance or resolution to be returned to the Clerk of Council together with the written recommendations of the majority of the members of such Commission.
No such ordinance or resolution which violates, differs from, or departs from the written recommendations of the Planning Commission shall take effect unless passed and approved by a vote of not less than four (4) of the members of the Council. This provision shall not be construed to mean that an ordinance or resolution recommended for passage by the Planning Commission shall be passed by less than the votes required by Section 6.06 of this Charter.
Council may, by ordinance, adopt standard ordinances and codes prepared by the Federal government or any agency thereof, the State or any department, board or other agency or political subdivision of the State, or any standard or model ordinance or code prepared and promulgated by a public or private organization, including, but not limited to, codes and regulations pertaining to fire, fire hazards, fire prevention, plumbing code, electrical code, building code, refrigeration machinery code, piping code, boiler code, heating code, air conditioning code, housing code, and such other matters as the Council may determine to be appropriate by incorporation by reference. The ordinance adopting any such standard ordinance or code shall make reference to the date and source of such standard ordinance or code without reproducing the same at length in the ordinance. In such cases, publication of the standard ordinance or code shall not be required, but at least one (1) copy of such code shall be kept at all times in the office of the Clerk of Council and available for reference by interested persons. If the standard ordinance or code, after its adoption by reference by the Council, is amended, the Council may adopt the amendment or change by incorporation by reference in an ordinance under the same procedure as is established herein for the adoption of the original standard ordinance or code without the necessity of setting forth in full in the ordinance the provisions either of the amendment or change to the original ordinance or the standard ordinance or code.
By a majority vote of the members of the Council, the Council may cause the ordinances and resolutions of the Municipality to be revised, codified, recodified, rearranged, or published in book form. Such revisions, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be immediately effective upon approval of a majority vote of the members of the Council, and may contain new matter therein. The Clerk of Council shall cause a notice of such proposed revision, codification, recodification, rearrangement or publication of ordinances in book form to be published one (1) time in a newspaper determined by the Council to be of circulation within the Municipality at least seven (7) days prior to the final approval thereof by the Council, and no further publication shall be necessary. A current service supplementing such revision, codification, recodification, rearrangement or publication of ordinances and resolutions in book form shall be maintained in the manner prescribed by the Council.
Loading...