(a) Submission. Except as provided in Section 1102(b), a proposed ordinance may be submitted to Council by a petition signed by the electors of the City and considered by Council in accordance with the same terms, conditions and procedure set forth in Title 11 Pa.C.S. Sections 11031 - 11041, as amended.
(b) Exclusions. The following proposed ordinances may not be submitted by petition to council in accordance with this subchapter:
(1) A proposed ordinance:
(i) Expressly required to be enacted by the general laws of this Commonwealth including, but not limited to, those set forth in 53 Pa.C.S. § 2962, as amended;
(ii) Expressly required to be enacted by the provisions of any act of the General Assembly;
(iii) That contains provisions and matters which are subject to the approval of an officer or tribunal of the Commonwealth;
(iv) That provides for Tax levies or fees;
(v) That provides for and other appropriations;
(vi) That provides for the exercise of the right of eminent domain;
(vii) That provides for the preservation of the public peace, health, morals and safety;
(viii) That provides for the exercise of the police powers of the city government;
(ix) That provides for the prevention and abatement of nuisances;
(x) That provides for an election to increase indebtedness and any other ordinance which by law must be submitted to an election before it shall take effect;
(xi) That provides for the opening, paving, grading or other improvement of streets or highways if the improvement is petitioned for by a majority, in number or interest, of the abutting property owners;
(xii) That provides for the construction of sewers; or
(xiii) That provides for streets, highways and sidewalks to be kept in:
(A) Good order and repair.
(B) In a safe and passable condition.
(2) Proposed ordinances to repeal, amend or modify an ordinance which took effect after having been subject to the provisions of the referendum for reconsideration of the ordinance.
(3) Proposed ordinances to amend the City's Home Rule Charter.
(c) Petition and notice. If the city clerk receives a written request for the preparation of a petition for the submission of a proposed ordinance to council by at least 100 qualified electors of the city and the request is accompanied by a copy of the proposed ordinance, within 10 days of receipt the city clerk shall do each of the following:
(1) Prepare the requested petition.
(2) Publish notice at least once in a newspaper of general circulation that provides at least the following information:
(i) The date on which the request for the petition was received and that the petition will be ready for signing at the expiration of 10 days from that date.
(ii) The purpose for which the petition is made.
(iii) The place at which and the dates and times during which the petition may be signed, with 15 business days being allowed for signatures.
(d) Signing and oath.
(1) Petition. A petition for the submission of a proposed ordinance shall be signed in the city clerk's office. Petitions can also be signed by completing and returning the form that will be posted on the City's website at readingpa.gov to the City Clerk's Office according to the terms provided herein. The petition shall be retained in the city clerk's office at all times for a period of 15 days. Each signer shall:
(i) Add to the signer's signature the signer's address.
(ii) Make oath before the city clerk that the signer is a qualified elector of the city and resides at the address given.
(2) Hours. The city clerk shall keep the city clerk's office open, at a minimum, from 9 a.m. through 7 p.m. Monday through Friday, except holidays, for the purpose of permitting electors to sign the petition. The city clerk shall not permit an individual to sign the petition after 7 p.m. on the last day for signing the petition.
(e) Number of signatures, examination and certificate by city clerk.
(1) Signatures. Within 10 days after the period of time for signing the petition has elapsed, the city clerk shall:
(a) Examine the petition.
(b) Ascertain whether or not the petition is signed by electors of the city, equal in number to at least 20% of the entire votes cast by registered electors for all candidates for mayor at the last preceding municipal election at which a mayor was elected.
(2) Employees. If necessary, council may allow the city clerk additional help for the purpose of complying with this section.
(3) Results. The city clerk shall attach to the petition the clerk's certificate showing the result of the examination.
(4) Failure. If less than the required 20% under subsection (a)(2) is certified, the petition shall fail and shall be filed in the office of the city clerk.
(f) Submission to council. If the petition is certified to contain signatures as required in section 1102(e) (relating to number of signatures, examination and certificate by city clerk), the city clerk shall submit the petition to council without delay.
(g) Actions by council and notices. If the petition accompanying the proposed ordinance is signed by electors of the city as required in section 1102(e) (relating to number of signatures, examination and certificate by city clerk), council shall do one of the following:
(1) Enact the proposed ordinance without alteration within 20 days, except as otherwise provided in this chapter, after attachment of the city clerk's certificate to the accompanying petition.
(2) Call for a referendum to be held at the time of the next general, municipal or primary election occurring at least 90 days thereafter, at which election the proposed ordinance must be submitted, without alteration, to the electors of the city for a vote, after attachment of the city clerk's certificate to the accompanying petition. Notice of the election and the text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.
(h) Form of ballot on submission to vote. The question to be submitted to the electors on the proposed ordinance shall be framed to state the nature of the proposed ordinance, followed by the words "yes" and "no". The question shall be placed on the ballot which shall be counted, returned and computed in accordance with section 11062 (relating to computing and filing returns) and the election laws of this Commonwealth.
(i) Effect of majority vote. If the majority of the qualified electors voting on the proposed ordinance vote in favor of the ordinance, the ordinance shall become a valid and binding ordinance of the city.
(j) No repeal within two years. An ordinance proposed by petition, whether enacted by councilor adopted by a vote of the electors, shall not be repealed or amended within two years of the effective date except by a vote of the electors.
(k) Number of proposed ordinances to be submitted and elections limited. Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this subchapter. Proposed ordinances on the same subject matter shall not be submitted by petition more frequently than once every three years.
(l) Submission for repeal by council. Council may submit a proposition for the repeal or amendment of an ordinance to be voted upon at a succeeding municipal, general or primary election occurring at least 90 days after council's submission of the proposition. Should the submitted proposition receive a majority of the votes cast on the proposition at the election, the ordinance shall be repealed or amended accordingly.
(m) Publication of proposed ordinance, repeal or amendment. Whenever a proposed ordinance is to be submitted to the electors of the city at an election or an ordinance is submitted by council for repeal or amendment, notice of the election and text of the question to be submitted to the electors shall be published in the same manner as publication is required in section 1201 of the Pennsylvania Election Code.