Chapter 2.80
INITIATIVE AND REFERENDUM
Sections:
2.80.020 Referendum petitions – Limitation.
2.80.030 Referendum petitions – Effect of filing.
2.80.040 Initiative measures – Effective date.
2.80.050 Measure to be attached.
2.80.060 Signature gatherers – Qualifications.
2.80.070 Time limitation for gathering signatures.
2.80.090 Conflicting measures.
2.80.110 Council authorized to submit measures.
2.80.010 State laws to apply.
Except as otherwise provided in MCC 2.80.020 to 2.80.130, the laws of the State of Oregon applicable to the exercise of initiative or referendum powers regarding a City measure shall apply in the City of Monmouth. (Ord. 1135, July 7, 1998. Code 1983 § 12.210.)
2.80.020 Referendum petitions – Limitation.
Any ordinance bearing an emergency clause shall not be subject to referendum. (Ord. 1135, July 7, 1998. Code 1983 § 12.215.)
2.80.030 Referendum petitions – Effect of filing.
The filing of a referendum petition containing the required signatures shall suspend the operation of the referred measure until the matter has been voted upon and the final results of the election have been determined. (Ord. 1135, July 7, 1998. Code 1983 § 12.220.)
2.80.040 Initiative measures – Effective date.
An initiative measure passed by majority vote of the electors of the City shall become effective 30 days after the date of the final determination of the outcome of the election. (Ord. 1135, July 7, 1998. Code 1983 § 12.225.)
2.80.050 Measure to be attached.
A full, true, and correct copy of any measure proposed to be submitted to a vote, either by initiative or referendum petition, shall be attached to every signature sheet when the petition is being circulated for signatures. (Ord. 1135, July 7, 1998. Code 1983 § 12.230.)
2.80.060 Signature gatherers – Qualifications.
Only persons registered to vote within the City may gather signatures on an initiative or referendum petition. (Ord. 1135, July 7, 1998. Code 1983 § 12.235.)
2.80.070 Time limitation for gathering signatures.
Petitioners shall have 90 days to gather the required signatures. The time for gathering signatures shall not commence until the time for filing a petition challenging the ballot title prepared by the City Attorney shall have expired with no such challenge having been filed or, if such a challenge is filed, until the wording of the ballot title is certified by order of the Circuit Court, whichever shall first occur. Any signatures gathered prior to the time prescribed herein shall be void and it shall be unlawful for any person to present an initiative or referendum petition for signature by any other person during the time the signature gathering is prohibited. The time limit for gathering signatures as set forth herein shall not extend the time for filing a referendum petition as set forth in State law. (Ord. 1135, July 7, 1998. Code 1983 § 12.240.)
2.80.080 Date of election.
If an initiative or referendum petition containing the required number of verified signatures is filed, the election thereon shall be held on the next regular election day in May or November that is not sooner than the ninetieth day after the petition was filed with the City Elections Officer. (Ord. 1135, July 7, 1998. Code 1983 § 12.245.)
2.80.090 Conflicting measures.
If conflicting ordinances or conflicting Charter amendments are submitted to the people at the same election and two or more conflicting measures are approved, the measure which receives the greatest number of affirmative votes shall be paramount in all particulars as to which there is conflict. (Ord. 1135, July 7, 1998. Code 1983 § 12.250.)
2.80.100 Mail-in ballots.
The City Council may, by motion, provide that an election on an initiative or referendum shall be conducted by mail-in ballot, pursuant to the procedural requirements set forth in State law for State elections. (Ord. 1135, July 7, 1998. Code 1983 § 12.255.)
2.80.110 Council authorized to submit measures.
Nothing in MCC 2.80.020 to 2.80.130 shall be deemed to prohibit the City and the City Council is authorized to, by ordinance, submit a proposed ordinance or Charter amendment to the voters at any regular election or at a special election called for in the submitting ordinance, and in such case, the ordinance shall fully prescribe the time, date and manner of conducting the election. (Ord. 1135, July 7, 1998. Code 1983 § 12.265.)
2.80.120 Voter’s pamphlet.
Not less than 10 days before the election on a measure the City Recorder shall, when so directed by the City Council, cause copies of voter’s pamphlets containing such measures to be distributed in such a manner that a copy is available to each registered elector in the City. Arguments supporting or opposing municipal measures shall be filed with the City Recorder in conformance with the requirements of ORS 251.255. The person or organization filing any argument in support of or opposing municipal measures shall pay to the City Recorder, at the time of filing such argument, a fee determined by the City Recorder sufficient to pay all the expenses for paper and printing of the argument, excluding binding. When such arguments are printed in the voter’s pamphlet and the cost finally determined, the City Recorder shall refund, to the person or organization who paid the fee, any surplus fee or if the initial fee shall be determined to be insufficient, the City Recorder shall submit a billing to such person or organization. The cost of binding and distributing the arguments shall be paid by the City, it being intended that only the cost of the paper and printing the arguments shall be paid by the person or organization filing the argument. (Ord. 1135, July 7, 1998. Code 1983 § 12.270.)
2.80.130 Penalty.
Any person violating the provisions of MCC 2.80.020 to 2.80.130 shall be subject to such penalties as provided for in State law; provided, however, if no such penalty is provided, such violation shall be a Class A misdemeanor subject to the jurisdiction of the Municipal Court. (Ord. 1135, July 7, 1998. Code 1983 § 12.275.)