Sec. IX-2. REFERENDUM.
Except as provided in this Section and except ordinances providing for a tax levy or ordinances that take effect in accordance with the provisions of Section 10(a) of Article III of this Charter, any ordinance or other measure passed by the Council shall be subject to referendum. Nothing herein contained, however, shall prevent the Municipality after the passage of any ordinance or other measure from proceeding at once to give any notice or make any tender or publication required by such a measure, by this Charter, by general law or by ordinance.
Emergency ordinances and resolutions shall go into effect at the time indicated therein. If, when submitted to a vote of the electors, an emergency ordinance or other measure be not approved by a majority of those voting thereon, it shall be considered repealed as regards any further action thereunder, but such measure shall be deemed sufficient authority for payment in accordance with the ordinance, of any expense incurred previous to the referendum vote thereon.
When there shall have been filed with the Clerk a petition signed by not less than fifteen per centum (15%) of the electors of the Municipality within thirty (30) days after any ordinance or other measure shall have been signed by the Mayor, become effective without his/her signature or finally passed by the Council, ordering that such ordinance or other measure be submitted to the electors of the Municipality for their approval or rejection, the Clerk, shall, at the next regular meeting of the Council, which occurs after it has been ascertained by the Board of Elections that the petition has been signed by the required number of electors, certify such petition to the Council. The Council shall thereupon proceed to reconsider such ordinance or other measure. If, upon such reconsideration, the ordinance or other measure be not entirely repealed, the Council within twenty (20) days after receipt of the above certified petition shall provide for submitting the same to a vote of the electors as provided in Section 3 of this Article.
No non-emergency legislation concerning which a referendum petition has been properly filed and no income tax legislation shall take effect until approved by a majority of the electors voting thereon at the election herein provided for in respect to such legislation.
In the event Council shall pass legislation imposing or levying an income tax, it shall, at its next regular meeting following the expiration of five (5) days after the passage of such legislation, or following the final passage of such legislation if disapproved by the Mayor, as the case may be, provide for submitting such income tax legislation to a vote of the electors as provided in Section 3 of this Article whether or not a referendum petition addressed to such legislation has been filed.
Whenever the Council is by law or ordinance required to pass more than one ordinance or other measure to complete the legislation necessary to make and pay for any public improvement, the provisions of this Section shall apply only to the first ordinance or other measure required to be passed and not to any subsequent ordinances or other measures relating thereto.
Whenever the electors shall have authorized the issuance of bonds, subsequent ordinances or other measures relating to the issuance of such bonds shall not be subject to the provisions of this Section.
(Amended 11-7-06)