AN ORDINANCE: GOVERNING THE PROCEDURE FOR ADOPTION, REPEAL OR AMENDMENT OF ORDINANCES BY THE TOWN COUNCIL OF THE TOWN OF KENTON
Section 1. Amendment or Repeal of Existing Ordinances.
No existing ordinance shall hereafter be amended or repealed except by an ordinance specifically amending or repealing the existing ordinance. The adoption of such an ordinance repealing or amending an existing ordinance shall be dealt with as the adoption of a new ordinance, except where otherwise stated herein.
Section 2. Preparation of Ordinances.
Ordinances may be prepared by the Town Solicitor, or by any member of Council, but no ordinance shall be presented for final passage until approved as to form and legality by the Town Solicitor.
Section 3. Introduction of Ordinances.
A proposed ordinance must be introduced and sponsored by a member of Council.
Section 4. Adoption of Ordinances.
(a) Except as herein-provided under Section 5, “Suspension of Rules”, no ordinance shall be adopted by Council on the same day as it is introduced, and all ordinances shall have three separate readings before passage.
(b) The “first reading” shall consist of the introduction of the ordinance by its sponsor during a duly-convened meeting of Council at which a quorum is present. The ordinance shall be read by title, synopsis, and body. Following the introduction of an ordinance by its sponsor, discussion may be had concerning its merits, but no vote shall be taken except under Section 5 hereof (“Suspension of Rules”). At or before the first reading, a written copy of the proposed ordinance shall be distributed to each member of Council.
(c) Immediately following the first reading, the proposed ordinance may, but need not be, referred by Council to either a special committee or to a workshop meeting of the Council where the Council will serve as a committee-of-the whole. Such decision shall be made by majority vote of Council. Copies of the proposed ordinances shall be made available to the public upon request at the Town Office.
(d) If referred to a special committee or to a committee-of-the-whole, such committee may take such action as it deems appropriate in order to make a recommendation to the Council including, but not limited to, advertising, holding public hearings, or holding workshop discussions.
(e) If referred to a special committee or a committee-of-the-whole, such committee shall report the proposed ordinance back to the Council at a duly convened Council Meeting at which a quorum is present for the “Second Reading” within three months of the first reading, unless an earlier time shall have been appointed. If not referred to a committee, a proposed ordinance may be brought up for the “Second Reading” at any duly convened Council Meeting held within three months of the first reading at which a quorum is present, by majority vote of Council. The “Second Reading” shall be by title, synopsis, and body. At the second reading, the committee, if one has been appointed, shall make whatever comments or recommendations it deems appropriate and further discussion may be had by Council on the merits of the proposed ordinances. Amendments to the proposed ordinance shall be in order, provided they fall fairly within the title and subject of the ordinance as first introduced. Should the proposed ordinance not come back before Council within three months of the first reading, it shall expire and cease to have any force or effect as if it had never been introduced at a first reading.
(f) Immediately following the “Second Reading”, a copy of the proposed ordinance shall be given for review, to the Town Solicitor. The title and synopsis of the ordinance shall be published in the issue of a weekly newspaper of general circulation in the Town next following the date of the reading and posted at the Town Office.
(g) The “Third Reading” shall be made at a duly convened meeting of Council at which a quorum is present within three months of the second reading at which time further discussion and final amendments to the proposed ordinance shall be in order, provided they fairly fall within the title and subject of the ordinance as first introduced. Should the proposed ordinance not come back before Council within three months of the second reading, it shall expire and cease to have any force or effect as if it had not been introduced at a second reading. Immediately following the third reading, the Council shall vote on the ordinance in its final form.
Section 5. Suspension of Rules.
Whenever it becomes desirable to adopt or amend a particular ordinance in less than three readings, the procedure set forth in Section 4 hereof, (“Adoption of Ordinances”) may be suspended by a unanimous affirmative vote of Council provided that the reason for suspending the rules shall be publicly stated and recorded in the minutes. In such case, the proposed ordinance may be enacted at the same meeting at which it was introduced.
Section 6. Form of Ordinance
(a) Each new ordinance shall contain, as a minimum, the following:
(1) Title, which shall clearly express the subject of the ordinance. No ordinance shall relate to more than one subject.
(2) Enacting clause, stating that the ordinance has been duly adopted by a majority of the entire Council duly met.
(3) The body of the ordinance.
(4) The penalty, if any.
(5) The effective date.
(6) Authentication by the Mayor and Secretary.
(b) Each amendment to an existing ordinance or the repeal of an existing ordinance shall, in addition to the times listed in Section (a) above, contain the title and section of the ordinance being amended or repealed.
Section 7. Authentication, Recordation and Publication.
(a) Upon adoption of any ordinance, the Mayor and Secretary of the Town Council shall sign one copy of the ordinance (dated as of its adoption) to authenticate that document as a true and correct record of action taken by Council.
(b) The Secretary shall perpetually maintain a file of all ordinances passed, repealed or amended by Council which shall be organized according to Title and Section Number. The original signed copy of the ordinance (referred to in Section 7[a] above) shall be placed in this file and be a conclusive record of the action taken by Council.
(c) Except for valid emergencies, no ordinance imposing a fine, term of imprisonment or other penalty (civil or criminal) ,or amending an ordinance imposing a fine, term of imprisonment or other penalty (civil or criminal) , shall be enforceable until the title, and synopsis has been published at least once in a newspaper of general circulation in the Town and a copy of the complete text thereof has been posted at the Town Office for seven calendar days from the date of final adoption. The Secretary shall note on the bottom margin of the original signed copy the date of which the title, and synopsis was published in a newspaper of general circulation in the Town and the date on which a copy of the text thereof was posted at the Town Office.
Section 8. Exemptions.
Notwithstanding any other provision in this ordinance to the contrary, this ordinance shall have no application to the following which are specifically exempt from the terms of this ordinance:
(a) any action by the Town Council involving the Town Zoning Ordinance, including the adoption, amendment or repeal of the Town Zoning Ordinance or Zoning Map.
(b) any action adopting, amending or repealing the Town Subdivision Ordinance.
Section 9. Saving Clause.
Nothing in this ordinance shall be deemed to invalidate any ordinance adopted by the Town Council because of lack of strict compliance with the provisions hereof.