There shall be two (2) methods whereby an ordinance which is subject to referendum may be submitted to a vote of the electors of this Municipality.
(a) Referendum by Petition. Within thirty (30) days after final adoption of any ordinance or resolution not excepted under Section 7.03 hereof, a petition signed by electors equal in number to at least ten (10) percent of the total number of electors casting a Presidential vote in the last Presidential election may be filed with the Clerk of Council, requesting that Council either repeal the ordinance or resolution, or submit said ordinance or resolution to a vote of the electors. When the petition has been filed, the Clerk shall, within twenty (20) days, determine its sufficiency. The Clerk shall retain possession of the petition until final determination of sufficiency is made.
If the Clerk finds the petition insufficient, he shall promptly certify the particulars in which the petition is defective and deliver a copy of his certificate to the person who filed the petition with him. Such person shall then be allowed fifteen (15) days from the delivery of such copy of certificate in which to make the petition sufficient by means of a document correcting the particulars certified defective (such document to be hereinafter known as “amended petition”).
If an amended petition is filed, the Clerk shall within ten (10) days determine its sufficiency. If the amended petition be found insufficient, it shall be retained by the Clerk and declared null and void. If an amended petition is not filed, the original petition shall be retained by the Clerk and declared null and void. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of an initiative petition seeking to repeal the ordinance or resolution in question.
If the petition or amended petition be found sufficient, Council shall within forty (40) days reconsider the ordinance or resolution. If Council fails to repeal the ordinance or resolution within the allotted time, Council shall submit it to a vote of the electors at the next general election occurring more than seventy-five (75) days after the certification of sufficiency of the petition.
(b) Referendum by Vote of Council. Council may, by affirmative vote of at least three-fourths (3/4) of its members, submit any proposed ordinance to a vote of the electors. (Amended 11-8-94.)