CITY
OF ALLEN PARKCity Charter
CITY
OF ALLEN PARK
City Charter
(Selected Article Only)
ARTICLE XIII
Article 13: Ordinances:
Section 13.01: Action Requiring an Ordinance:
In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the City Council shall be by ordinance which:
(1) Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency;
(2) Provide for a fine or other penalty or establish a rule or regulation for violation of which a fine or other penalty is imposed;
(3) Grant, renew, or extend a franchise;
(4) Regulate the rate charged for its services by a public utility;
(5) Authorize the borrowing of money;
(6) Conveyor lease or authorize the conveyance - or lease of any lands of the City;
(7) Regulate land use and development; and
(8) Amend or repeal any ordinance previously adopted.
Acts other than those referred to in the preceding sentence may be done either by ordinance or by resolution.
Section 13.02: Penalties for Violation of Ordinances or Charter:
The Council shall provide in each ordinance for the punishment of those who violate its provisions. Punishment for the violation of any City ordinance or for the commission by any officer of the City of any act declared by this Charter to constitute misconduct in office cannot exceed the maximum penalties provided by State law, except that any officer of the City found guilty of any act declared by this Charter to constitute misconduct in office, shall, in addition to such fine or imprisonment, or both, forfeit the office.
Section 13.03: Procedure and Publication:
(a) Each ordinance shall be identified by a number and a short title. Each proposed ordinance shall be introduced in written or printed form. When an ordinance is introduced in written form, it shall have a first and second reading. The style of all ordinances passed by the Council shall be, "The City of Allen Park ordains": except in the case of ordinances which are declared by the Council to be emergency ordinances, no ordinance shall be finally passed by the Council at the same meeting at which it is introduced. The third and final reading and passage of an ordinance may only be done at a regularly scheduled meeting of the Council and no sooner than ten days after it has appeared in public notice printed form in a general circulation newspaper within the City of Allen Park. The public notice form may be a brief synopsis of the proposed ordinance and with notice to the public that the full printed ordinance is available in the City Clerk's office for their inspection during the ten days before consideration. There shall be no action by the Council on the proposed ordinance until after an opportunity for public comment. No ordinance shall be revised, altered, repealed, or amended by reference to its number and title only~ but the Section or sections of the ordinance revised, altered, or amended shall be reenacted and considered as stated above. All ordinances, when enacted, shall be recorded by the City Clerk in a book to be called "The Ordinance Book", and it shall be the duty of the Mayor and City Clerk to authenticate such record by their official signature thereon.
(b) Each ordinance passed by the Council shall be published at least once within ten days after its adoption by the Council. All ordinances of the City shall become effective immediately upon the publication thereof, unless a date upon which an ordinance shall become effective, which is subsequent to the date of the publication thereof, is specially provided in the ordinance itself. Publication by title and a brief synopsis of the ordinance that clearly shows the purpose and intent of the same shall be sufficient publication thereof to make it a valid ordinance of .the City of Allen Park s6 long as the publication indicates that a printed public text of the ordinance is available in the City Clerk's office.
Section 13.04: Codes; State Law; Adoption by Reference:
The Council may adopt any provisions of State law or any detailed technical regulations as a City ordinance or code in the manner provided by State law.
Section 13.05: Initiative, Referendum; Petition Required:
An ordinance may be initiated by petition, or a referendum ordinance may be had by petition, as hereafter provided.
Section 13.06: Same; Petition; Signatures Required; Contents, Filing:
An initiatory or a referendum petition shall be signed by not less than ten percent of the registered electors of the City, as of the date of the last regular City election, and all signatures on said petition shall be obtained within twenty-one days before the date of filing the petition with the City Clerk. Any such petition shall be addressed to the Council and may be the aggregate of two or more petition papers identical as to content and simultaneously filed by one person. An initiatory petition shall set forth in full the ordinance it proposed to initiate, and no petition shall propose to initiate more than one ordinance. A referendum petition shall identify the ordinance or part thereof, or code 'sections it proposes to have repealed.
Each signer of a petition shall sign their name, and shall place thereon, after their name, the date and their place of residence by street and number, or by other customary designation. To each petition paper there shall be attached a sworn affidavit by the circulator thereof, stating the number of signers thereof and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in within fifteen days, canvass the signatures thereon. If the petition does not contain a sufficient number of signatures of registered electors of the City, the City Clerk shall notify forthwith by registered mail the persons filing such petition and fifteen days from such notification shall be allowed for filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed by this Section, the City Clerk shall present the petition to the Council at its next regular meeting.
Section 13.07: Same; Council Action Required:
Upon the presentation to the Council of an initiatory ~r referendum petition by the City Clerk, the Council shall, within thirty days, unless otherwise provided by statute, either:
(a) Adopt the ordinance as submitted by an initiatory petition;
(b) Repeal the ordinance, or part thereof, referred to by a referendum petition; or
(c) Determine to submit the proposal provided for the petition to the electors.
Section 13.08: Initiative, Referendum; Submission to Electors; Time; Determination:
Should the Council decide to submit the propos a! to the electors, it shall be submitted at the next election held in the City for any other purpose, or, in the discretion of the Council at a special election called for that specific purpose. In the case of an initiatory petition, if no election is to be held in the City for any other purpose within one hundred fifty days from the time the petition is presented to the Council and the Council does not enact the ordinance, then the Council shall call a special election within sixty days from such date of presentation for the submission of the initiative proposal. The result of all elections held under the provisions of this Section shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by statute or the Constitution.
Section 13.09: Same; Suspension; Amendment; Repeat; Conflicting Provisions,
Determination:
The presentation to the Council by the City Clerk of a valid and sufficient referendum petition containing a number of signatures equal to twenty-five percent of the registered electors of the City as of the date of the last regular City election, which signatures have been obtained within sixty days before the date of filing the petition with the City Clerk, shall automatically suspend the operation of the ordinance in question pending repeal by the Councilor final determination by the electors.
An ordinance adopted by the electorate through initiatory proceedings may not by amended or repealed for a period of six months after the date of the election at which it was adopted, and an ordinance repealed by the electorate may not be re-enacted for a period of six months after the date of the election at which it was repealed; provided, however, that any ordinance may be adopted, amended, or repealed at any time by appropriate referendum or initiatory procedure in accordance with foregoing provisions of this Charter or if submitted to the electorate by the Council on its own motion.
If two or more ordinances adopted at the same election shall have conflicting provisions, the provisions in the ordinance receiving the highest number of affirmative votes shall govern.
