(A) An ordinance is the formal, written enactment of the legislative authority of the municipality in the exercise of the governmental power vested by the Charter or statutes of the municipality for the regulation of the conduct of its citizens or others subject to its control, and intended to be of a permanent duration. "By-law" and "ordinance" have substantially the same meaning. Ordinances shall have two readings at Council meetings. The first reading shall consist of reading of the proposed ordinance (or a summary thereof) and the introduction of the measure by a Councilmember. The second reading shall consist of the reading of the proposed measure (or a summary thereof), Council discussion and comments, along with public comments (which shall serve as the public hearing on the measure) and then the final vote on whether to adopt the proposed ordinance. Council actions requiring the use of an ordinance:
(1) Any action resulting in a change in one of the codified laws of the city;
(2) Any action resulting in an addition to the codified laws of the city;
(3) Any action to enact or levy taxes;
(4) Any permanent zoning regulations;
(5) Any action to grant, renew or extend franchises;
(6) Any action establishing, regulating, or changing the rates charged by any public utility for its use;
(7) Any action authorizing the municipality to borrow money or issue bonds or notes;
(8) Any action authorizing the purchase, lease or transfer of public property;
(9) Any action involving the annual operating budget, or capital improvement plan;
(10) Any action involving plat approval or land use within the city;
(11) Any action involving the hiring of and/or compensation of city employees including the City Manager, Law Director, Clerk of Council or Councilmembers;
(12) Any action dealing with Council Rules, as per § 31.29(C).
(B) Ordinances may be introduced by any member of Council. A second by another Councilmember is not required. All proposed ordinances shall be read by title and summary at the first reading by either the Council President or the Clerk of Council. The first reading may be by title only. No other affirmative action is required by Council at the first reading other than the introduction of the measure by a member of Council. A member of Council who introduces an ordinance may withdraw the ordinance at or prior to its second reading in Council. Any other member of Council may then introduce the ordinance for its second reading in Council. If no other member takes up the introduction of the measure and introduces an ordinance for its second reading after the initial introduction and sponsorship by the now withdrawing Councilmember, the ordinance shall fail and be held for naught. Said proposed ordinance may be introduced at a later meeting by any Councilmember.
(C) The second reading shall be at the next meeting of Council unless a later date is so designated by Council, or prescribed by law or charter. At the second reading there shall be Council deliberation, discussion, commentary by staff if necessary, and public comments, subject to §§ 31.15, 31.19, 31.21 and 31.23. The second reading shall constitute a public hearing where necessary and as referenced in Section 4.14(C) of the City Charter. Said public hearing shall commence at the opening up for public comment by the President and shall conclude when the public comments are closed by the President. The Council President shall read the title and the Clerk (or some other designee) shall read the summary and the City Manager shall offer background information, supplemental information and staff recommendations on the measure if appropriate. By motion of Council, a full reading of any ordinance may be required. Ordinances shall become effective 30 days after its adoption by the Council and shall be signed by the President, or in his or her absence, the Vice- President, or in the absence of both, the presiding officer.
(D) Emergency ordinances may be adopted to meet a public emergency affecting life, health, property, or the public peace and to provide for special emergencies or circumstances in the operation of a municipal department or agency, but such ordinances may not levy taxes, grant, renew, or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money. The ordinance shall clearly state that an emergency exists and describe said emergency in clear and specific terms. The affirmative vote of five members of Council shall be required and legislation shall become effective upon adoption, or at such time as it may specify. (Section 4.15 - Charter)
(Ord. 1-93, passed 1-4-1993; Am. Ord. 06-02, passed 2-19-2002; Am. Ord. 47-15, passed 11-16-2015)