Chapter 3.40


3.40.010    Application of referendum.

3.40.020    Procedure established.

3.40.030    Exclusive procedure.

3.40.010 Application of referendum.

Every ordinance which:

(1) First imposes upon any business activity a municipal business and occupation tax; or

(2) First imposes an additional sales and use tax under authority of RCW 82.14.030(2), or which alters the rate of any such tax; or

(3) First imposes the additional local real estate excise tax under authority of RCW 82.46.010(2);
shall be subject to the referendum procedures set forth in this chapter. [Ord. 10 § 1, 1993]

3.40.020 Procedure established.

(1) A referendum petition seeking to repeal any city ordinance made subject to these referendum procedures by BMC 3.40.010 shall be filed with the city clerk within seven days of the passage or publication, whichever is later, of the ordinance sought to be repealed.

(2) Within 10 days, the city clerk shall confer with the petitioner concerning the form and style of the petition, issue an identification number for the petition, and cause to be written a ballot title for the measure.

(3) The ballot title shall be posed as a question, so that an affirmative answer to the question and an affirmative vote on the measure results in the tax or tax rate increase being imposed, and a negative answer to the question and a negative vote on the measure results in the tax or tax rate increase not being imposed. The petitioner shall be notified of the identification number and ballot title within this 10-day period.

(4) After notification of the identification number and ballot title, the petitioner shall have 30 days in which to secure on petition forms the signatures of not less than 15 percent of the registered voters of the city and to file the signed petitions with the city clerk.

(5) Each petition form shall contain the ballot title and the full text of the measure to be referred. The city clerk shall verify the sufficiency of the signatures on the petitions. If sufficient, valid signatures are properly submitted, the city clerk shall cause the referendum measure to be submitted to the city voters at a general or special election held on one of the dates provided in RCW 29.13.010, as determined by the city council, which election shall not take place later than 120 days after the signed petition has been filed with the city clerk. [Ord. 10 § 2, 1993]

3.40.030 Exclusive procedure.

The referendum procedures adopted in this chapter shall be exclusive in all instances for any city ordinance first imposing, or increasing the specific taxes designated as subject to referendum in BMC 3.40.010 and no other taxes or rates imposed by the city shall be subject to the referendum procedures. The referendum procedure provided in Chapter 35A.11 RCW is superseded with respect to the matters designated in BMC 3.40.010. [Ord. 10 § 3, 1993]


For provisions on the initiative and referendum process see Ch. 1.10 BMC.