Ordinances and other measures may be proposed by initiative petition and adopted by election, and ordinances and other measures adopted by the Council shall be subject to referendum to the extent and in the manner now or hereafter provided by the Constitution or the Laws of Ohio.
A. Ordinances and Measures Proposed by Initiative Petition.
Ordinances and other measures providing for the exercise of any powers of the City of Euclid as granted by the Constitution or delegated by the general assembly, may be proposed by initiative petition. Such initiative petition must contain the signatures of not less than ten percent of the number of electors who voted for governor at the next preceding general election for the office of governor in the municipal corporation.
When a petition is filed with the City Finance Director, signed by the required number of electors proposing an ordinance or other measure, such auditor or clerk shall, after ten days, certify the text of the proposed ordinances or measure to the Board of Elections. The Finance Director shall retain the petition.
The Board shall submit such proposed ordinance or measure for the approval or rejection of the electors of the City of Euclid at the next succeeding general election, occurring subsequent to ninety days after the certifying of such initiative petition to the Board of Elections. No ordinance or other measure proposed by initiative petition and approved by a majority of the electors voting upon the measure in the City of Euclid shall be subject to the veto of the Mayor.
B. Referendum Petition.
Any ordinance or other measure passed by the legislative authority of the City of Euclid shall be subject to the referendum except as provided by Section 731.30 of the Revised Code. No ordinance or other measure shall go into effect until thirty days after it is filed with the Mayor of the City of Euclid or passed by the City Council, except as provided by such section.
When a petition, signed by ten percent of the number of electors who voted for governor at the next preceding general election for the office of governor in the City of Euclid is filed with the City Finance Director within thirty days after any ordinance or other measure is filed with the Mayor or passed by the City Council, or in case the Mayor has vetoed the ordinance or any measure and returned it to Council, such petition may be filed within thirty days after the Council has passed the ordinance or measure over his veto, ordering that such ordinance or measure be submitted to the electors of the City of Euclid for their approval or rejection, the Finance Director shall, after ten days, and not later than four p.m. of the ninetieth day before the day of election, certify the text of the ordinance or measure to the Board of Elections. The Finance Director shall retain the petition. The Board shall submit the ordinance or measure to such electors, for their approval or rejection, at the next succeeding general election, occurring subsequent to ninety days after the certifying of such petition to the Board of Elections.
No such ordinance or measure shall go into effect until approved by the majority of those voting upon it. Sections 731.28 to 731.41, inclusive, of the Revised Code, do not prevent the City of Euclid, after the passage of any ordinance or other measure, from proceeding at once to give any notice or make any publication required by such ordinance or other measure.
C. Application of Sections.
Whenever the legislative authority of the City of Euclid is required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, Sections 731.28 to 731.41, inclusive, of the Revised Code shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances and other measure relating thereto. Ordinances or other measures providing for appropriations for the current expenses of the City of Euclid, or for street improvements petitioned for by the owners of a majority of the feet front of the property benefited and to be especially assessed for the cost thereof, and emergency ordinances or measures necessary for the immediate preservation of the public peace, health, or safety in the City of Euclid, shall go into immediate effect. Such emergency ordinances or measures must, upon a yea and nay vote, receive a two-thirds vote of all the members elected to the City Council, and the reasons for such necessity shall be set forth in one section of the ordinance or other measure.
D. Presentation of Petition.
Any initiative or referendum petition may be presented in separate parts, but each part of any initiative petition shall contain a full and correct copy of the title and text of the proposed ordinance or other measure, and each part of any referendum petition shall contain the number and a full and correct copy of the title of the ordinance or other measure sought to be referred. Each signer of any such petition must be an elector of the City of Euclid, upon the ordinance or measure proposed by such initiative petition, or the ordinance or measure referred to by such referendum petition, is to be held, and shall place on such petition, after his name, the date of signing, his place of residence, including street and number, and the ward and precinct. Each circulation of any such petition must be an elector of the City of Euclid. Each part of such petition shall contain the affidavit of the person soliciting the signatures thereto, which affidavits shall state the number of signers of each such part and that to the best of his knowledge and belief each of the signatures contained on such part is the genuine signature of the person whose name it purports to be, that he believes such persons are electors of the City of Euclid and that they signed such petition with knowledge of the contents thereof. In determining the validity of any such petition, all signatures which are found to be irregular shall be rejected, but no petition shall be declared invalid in its entirety when one or more signatures are found to be invalid except when the number of valid signatures is found to be less than the total number required by this section.
The petitions and signatures upon such petitions shall be prima facie presumed to be in all respects sufficient. No ordinance or other measure submitted to the electors of the City of Euclid and receiving an affirmative majority of the votes cast thereon, shall be held ineffective or void an account of the insufficiency of the petitions by which such submission of the ordinance or measure was procured, nor shall the rejection, by a majority of the votes cast thereon, of any ordinance or other measure submitted to the electors of the City of Euclid, be held invalid for such insufficiency.
Ordinances proposed by initiative petition and referendums receiving an affirmative majority of the votes cast thereon, shall become effective on the fifth day after the day on which the Board of Elections certifies the official vote on such question.
E. Copy of Proposed Ordinance or Measure Filed With Finance Director.
Whoever seeks to propose an ordinance or measure in the City of Euclid by initiative petition or files a referendum petition against any ordinance or measure shall, before circulating such petition, file a verified copy of the proposed ordinance or measure with the City Finance Director.
F. Words Which Shall be Printed in Red.
At the top of each part of the petition mentioned in Section 731.32 of the Revised Code, the following words shall be printed in red:
NOTICE
Whoever knowingly signs this petition more than once, signs a name other than his own, or signs when not a legal voter is liable to prosecution.
G. Designation of Committee Filing Petition.
The petitioners may designate in any initiative or referendum petition a committee of not less than three of their number, who shall be regarded as filing the petition. After a petition has been filed with the Finance Director it shall be kept open for public inspection for ten days. If, after a petition proposing an ordinance or other measure has been filed with the Finance Director, the proposed ordinance or other measure, or a substitute for the proposed ordinance or measure approved by such committee, is passed by the City Council of the City of Euclid, the majority of the committee shall notify the Board of Elections in writing and such proposed ordinance or measure shall not be submitted to a vote of the electors.
If, after a verified referendum petition has been filed against any ordinance or measure, the City Council repeals such ordinance or measure, or it is held to be invalid, the Board of Elections shall not submit such ordinance or measure to a vote of the electors.
H. Sworn Itemized Statement by Circulator of Petition.
(a) The circulator of an initiative or referendum petition, or his agent, shall, within five days after such petition is filed with the Finance Director, file a sworn itemized statement showing in detail:
(1) All moneys or things of value paid, given, or promised for circulating such petition;
(2) Full names and addresses of all persons to whom such payments or promises were made;
(3) Full names and addresses of all persons who contributed anything of value to be used in circulating such petitions;
(4) Time spent and salaries earned while circulating or soliciting signatures to petitions by persons who were regular salaried employees of some person who authorized them to solicit signatures for or circulate the petition as a part of their regular duties.
(b) The statement provided for in division (a) of this section shall not be required from persons who take no other part in circulating a petition than making affidavits to parts of the petition and soliciting signatures to them.
(c) Such statement shall be open to public inspection for a period of one year.
I. Prohibited Practices Relative to Petitions.
No person shall, directly or indirectly:
(a) Willfully misrepresent the contents of any initiative or referendum petition;
(b) Pay or offer to pay any elector anything of value for signing an initiative or referendum petition;
(c) Promise to help another person to obtain appointment to any office provided for by the Constitution or laws of this State or by the ordinances of the City of Euclid, or to any position or employment in the service of the State or any political subdivision thereof as a petition;
(d) Obtain signatures to any initiative or referendum petition as a consideration for the assistance or promise of assistance of another person in securing an appointment to any office or position provided for by the Constitution or laws of this State or by the ordinance of the City of Euclid therein, or employment in the service of the State or any subdivision thereof;
(e) Alter, add to, or erase any signatures or names on the parts of a petition after such parts have been filed with the Finance Director;
(f) Fail to file the sworn itemized statement required in Section 731.35 of the Revised Code.
J. Prohibition Against Signing More Than Once.
No person shall knowingly sign an initiative or referendum petition more than once, sign a name other than his own, or sign when not a legal voter.
K. Prohibition Against Accepting Premium for Signing.
No person shall accept anything of value for signing an initiative or referendum petition.
L. Prohibition Against Destruction of Petition During Circulation.
No person shall sell, purchase, steal, attempt to steal, or willfully destroy or mutilate an initiative or referendum petition which is being or has been lawfully circulated.
M. Prohibition Against Threats in Securing Signatures.
No person shall, directly or indirectly, by intimidation or threats, influence or seek to influence any person to sign or abstain from signing, or to solicit signatures to or abstain from soliciting signatures to an initiative or referendum petition.
(Amended November 6, 1979.)