Chapter 1.15
INITIATIVE AND REFERENDUM PROCEDURES1
Sections:
1.15.010 Initiative petition – Form.
1.15.020 Referendum petition – Form.
1.15.030 Petitions – Verifications of signatures.
1.15.040 Petitions – Circulation and signing requirements.
1.15.050 Petitions – Acceptance and filing by city recorder.
1.15.060 Petitions – Number of signatures required.
1.15.070 Charter amendments – Filing for submission – Approval by majority vote.
1.15.080 Charter amendments – Contents.
1.15.090 Ballot title – Contents – Preparation – Approval.
1.15.100 Special elections – Notice – Posting – Contents.
1.15.110 Petitions – Signing by legal voters.
1.15.120 Votes – Manner – Affirmative majority required for adoption of measures.
1.15.130 Votes – Counting, canvassing and returning to council.
1.15.140 Adopted measures – Notice posting by mayor.
1.15.150 Filing of referendum petitions – Effective date of ordinances.
1.15.010 Initiative petition – Form.
The form of the initiative petition shall be the same as required pursuant to ORS 250.265 or any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 4, 1995; Ord. 32 § 1, 1950. Code 2002 § 1.12.110].
1.15.020 Referendum petition – Form.
The form of referendum petition shall be the same as required pursuant to ORS 250.265 or any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 5, 1995; Ord. 32 § 2, 1950. Code 2002 § 1.12.120].
1.15.030 Petitions – Verifications of signatures.
The form of petitions and the manner of verifying the signatures on petitions shall be the same as required pursuant to ORS 250.315 or any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 6, 1995; Ord. 32 § 3, 1950. Code 2002 § 1.12.130].
1.15.040 Petitions – Circulation and signing requirements.
The number of signatures and manner upon which petitions may be circulated shall be the same as required pursuant to ORS 250.265 or any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 7, 1995; Ord. 32 § 5, 1950. Code 2002 § 1.12.150].
1.15.050 Petitions – Acceptance and filing by city recorder.
The manner upon which petitions are filed with the city elections officer and/or clerk and forwarded to the county clerk shall be the same as required pursuant to ORS 250.325 or any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 8, 1995; Ord. 32 § 6, 1950. Code 2002 § 1.12.160].
1.15.060 Petitions – Number of signatures required.
The form of petitions and the number of signatures required shall be the same as required pursuant to ORS 250.037 and any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 3, 1995; Ord. 32 § 7, 1950. Code 2002 § 1.12.060].
1.15.070 Charter amendments – Filing for submission – Approval by majority vote.
An amendment to the charter of the city of Sisters may be proposed and submitted to the legal voters thereof by ordinance of the council without an initiative petition; said ordinance shall be filed with the recorder for submission not later than 20 days before the election at which any amendment is to be voted upon and no amendment to the charter shall be effective until it is approved by a majority of the votes cast thereon by the legal voters of said city. [Ord. 32 § 8, 1950. Code 2002 § 1.12.010].
1.15.080 Charter amendments – Contents.
Where an amendment to the charter of the city of Sisters may be proposed and submitted to the legal voters thereof by ordinance of the council without an initiative petition, the said ordinance shall therein state the date of the regular municipal election, or the date of a special election at which said amendment will be submitted to be voted on, and shall call and make provision for the holding of said election. [Ord. 32 § 9, 1950. Code 2002 § 1.12.020].
1.15.090 Ballot title – Contents – Preparation – Approval.
The contents of the ballot title and the procedures for preparation and approval of the ballot title shall be the same as those provided in ORS 250.275 and any other section contained in ORS Chapter 250 or any other applicable provision of the Oregon Revised Statutes. [Ord. 268 § 1, 1995; Ord. 32 § 10, 1950. Code 2002 § 1.12.030].
1.15.100 Special elections – Notice – Posting – Contents.
Where a special election is called either on petition for proposed ordinances or charter amendments by the initiative or for submitting ordinances by the referendum, or charter amendments proposed by the council, the recorder shall post notice of election in three public places in the city at least 10 days prior to such election, which posted notice shall state the time, place and purposes of the election, and shall have attached the full amendment or ordinance being submitted. A like rule as to posting shall be observed where proposed ordinances, referendum measures or charter amendments are to be submitted at the regular election. [Ord. 32 § 11, 1950. Code 2002 § 1.12.040].
1.15.110 Petitions – Signing by legal voters.
The legal voters of the city are qualified to sign any initiative or referendum petition for any measure upon which they are entitled to vote. Any person signing any name other than his own to a petition, or knowingly signing his name on more than one petition for the same measure at one election, who is not at the time of signing the same a legal voter of the city, or any officer or person violating any of the provisions of this chapter shall, upon conviction thereof, shall be punished by fine not exceeding $500.00. [Ord. 268 § 2, 1995; Ord. 32 § 12, 1950. Code 2002 § 1.12.050].
1.15.120 Votes – Manner – Affirmative majority required for adoption of measures.
The manner of voting upon measures submitted to the legal voters shall be the same as now is or may hereafter be provided by law. No measure shall be adopted unless it shall receive the affirmative majority of the total number of legal votes cast on such measure and entitled to be counted thereon. If two or more laws on the same subject or containing provisions that are conflicting shall be approved by the voters at the same election, the measure receiving the greatest number of affirmative votes shall be proclaimed to be the law adopted. [Ord. 32 § 13, 1950. Code 2002 § 1.12.080].
1.15.130 Votes – Counting, canvassing and returning to council.
The votes on measures and charter amendments shall be counted, canvassed and returned to the council by the judges and clerks of the election. [Ord. 32 § 14, 1950. Code 2002 § 1.12.090].
1.15.140 Adopted measures – Notice posting by mayor.
The mayor shall within 15 days from the time of such election proclaim by posting a notice of the adoption of such measure and amendment which shall have received the affirmative majority of the total number of votes cast thereon in three public places in the city, and upon such proclamation, such measures and amendments shall become in full force and effect, except in cases provided for in SMC 1.15.120 with reference to two or more laws on the same subject or containing provisions that are conflicting. In cases of ordinances which have been passed by the council and voted upon by referendum, proclamation of the result of such vote shall also be made, and such ordinance shall continue in effect or cease to be in effect, according to such result from the time of such proclamation. [Ord. 32 § 15, 1950. Code 2002 § 1.12.100].
1.15.150 Filing of referendum petitions – Effective date of ordinances.
Where referendum petitions shall be signed by the required number of legal voters against any ordinances passed by the council, same shall be filed with the recorder within 30 days after the passage and approval of the ordinance in question.
No ordinance shall take effect and become operative until 30 days after its passage by the council and approval by the mayor, or passage by a two-thirds vote over the veto of the mayor, except emergency measures necessary for the immediate preservation of the peace, health or safety of the city, and no such emergency measures shall become immediately operative until same are passed by a two-thirds majority of all the members of the council and also approved by the mayor. [Ord. 32 § 16, 1950. Code 2002 § 1.12.070].
For constitutional provisions reserving the powers of initiative and referendum to the people, see Or. Const. Art. IV § 1 and Art. XI § 2; for statutory provisions on charter amendments, see ORS 221.210.