§ 4-19. Ordinances.  


Latest version.
  • A. 
    Preparation, distribution and evaluation. Ordinances may be prepared by the City Solicitor at the request of the Mayor or any Council member. Copies shall be distributed to the Mayor, the Council, Council members-elect, the City Solicitor, Legislative Council and the City Clerk on Friday before the meeting at which they are to be introduced. Ordinances shall contain a written statement explaining the purpose of said legislation in layman's terms and shall be accompanied by a financial note detailing the fiscal impact on the City, if any.
    B. 
    Introduction and publication. Any member of the Council may introduce an ordinance, subject to § 4-16 herein, if it is on the agenda or is admitted upon a number of affirmative votes which is at least equal to one less than the total number of members present at the time the matter is moved for consideration in the proper order of business. After passage on first reading, which may be by title, the ordinance shall be published and publicized in accordance with general law and copies shall be made available to members of the public before second reading.
    [Amended 8-19-1992 by Ord. No. 80-1992]
    C. 
    Public hearing and adoption. A public hearing shall be held on every ordinance, as provided by general law, at least 10 days after passage on first reading and at least one week after publication. At the hearing, the ordinance shall be given second reading, which may be by title, and all residents and others affected shall be heard concerning the ordinance, with the right to ask pertinent questions. Thereafter, the ordinance may be adopted by a majority of the whole Council, with such amendments as do not substantially alter the intent or effect of the original. Substantial amendments shall be read, optionally by title, and published and publicized in accordance with the general law, and the ordinance may be finally adopted without further public hearing at least one week after the meeting at which it was amended.
    D. 
    Mayor's veto.
    (1) 
    On the next business day after adoption, the Clerk shall deliver the ordinance to the Mayor, who shall either approve it by signing and returning it within 10 days after receiving it or disapprove it by returning it to the Council via the Clerk with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the Mayor's approval unless he fails to return it to the Council within 10 days after it has been presented to him unless the Council, upon reconsideration thereof on or after the third day following its return, shall override the veto by a two-thirds vote of all members.
    (2) 
    Delivery and presentation to the Mayor, for the purpose of calculating the time for veto, shall be deemed complete on the date the Clerk leaves the ordinance at the Mayor's office with the Mayor, the Mayor's Administrative Secretary, or a designee of the Mayor.
    Editor's Note: This amendment was vetoed by the Mayor 9-23-1983 and passed on reconsideration of veto 2-8-1984.
    E. 
    Passage over veto. The Council shall reconsider any ordinance returned by the Mayor with his/her veto. Such reconsideration shall be held three days or more after return, but not more than 60 days after return. If, upon reconsideration, 2/3 of the members of the Council (six or more) vote to override the veto, the ordinance shall take effect 20 days thereafter. Whenever an ordinance has been reconsidered following veto, the Clerk shall append thereto a certificate reciting the facts of delivery, the return and override and the new effective date.
    [Amended 7-3-1985 by Ord. No. 42-1985]
    Editor's Note: This ordinance further ratified all previous overrides of vetoes, provided that such overrides obtained the necessary six votes, even though the reconsideration may have taken place beyond the time limit as previously established by this subsection.
    F. 
    Ordinances not returned by the Mayor. Whenever an ordinance shall take effect without the Mayor's signature by reason of his/her failure to return it to the Council within 10 days after passage, the Clerk shall append thereto a certificate reciting the fact.
    G. 
    Effective date. No ordinance other than a local budget ordinance shall take effect less than 20 days after its final passage by the Council and approval by the Mayor, if such approval is required, unless the Council shall adopt a resolution declaring an emergency, with at least 2/3 or six members of the Council voting in favor.
Amended 9-14-1983 by Ord. No. 45-1983