City Charter - Chapter VIII

Legislation

Section 8.1. Prior legislation

All valid ordinances, resolutions, rules and regulations of the City of Fremont which are not inconsistent with this Charter and which are in force and in effect of the effective date of this Charter shall continue in full force and effect until repealed or amended.

Section 8.2. Ordinances and resolutions generally

All official actions of the council shall be by ordinance, resolution, motion or order. Action by resolution, motion or order shall be limited to matters required or permitted to be so done by this Charter or by state or federal law or pertaining to the internal affairs or concerns of the city government. All other acts of the council and all acts carrying a penalty for the violation thereof, shall be by ordinance.

Each proposed ordinance shall be introduced in written or printed form. The style of all ordinances shall be: "The City of Fremont Ordains:"

Section 8.3. Ordinances – Identification; repeal; amendment; records; Code

1. Each ordinance, after adoption, shall be identified by a number and title.An ordinance or a part of an ordinance may be repealed or amended only by an ordinance passed in the manner provided in this section. An ordinance may be repealed by reference to its number and title only.If a section of an ordinance is amended, the section shall be re-enacted and published in full.  In the event only a subsection of an ordinance is amended, the council need only re-enact and publish said subsection in full provided that the publication shall contain a notice to the effect that the complete copy of the ordinance is available for public use and inspection at the office of the city clerk. This requirement shall not apply to the schedule of stop streets, one-way streets, parking limitations or other regulations contained in any traffic ordinance or vehicular traffic regulating portion of the city’s Code.Each ordinance shall be recorded by the clerk forthwith in the ordinance book, and the enactment of such ordinance and the effective date thereof shall be certified by him therein.
2. The ordinances of the city shall be set forth in code form as soon as practicable.

Section 8.4. Same – Publication; effective date; adoption by reference

1. Before an ordinance may become operative, it shall be published in a newspaper having general circulation in the city. The effective date of the ordinance shall be stated therein but shall not be less than ten days after publication. However, if it is declared by the affirmative vote of not less than three members of the council to be an emergency ordinance affecting the public peace, health, safety, or general welfare the ordinance may be given earlier effect and the requirement for publication may be met by posting copies of the ordinance in three conspicuous locations in public places in the city. In the case of such emergency ordinance, the clerk shall immediately after such posting enter in the ordinance book stating the time and places of the posting. Such ordinance shall also be published in accordance with the requirement for publication of other ordinances but not as a requirement for the effectiveness thereof.
2. All codes and other ordinance subject matter, which are or may be permitted by law to be adopted by reference, shall be adopted and published in the manner permitted and required by law.

Section 8.5. Penalties

The council may provide in any ordinance for the punishment of those who violate its provisions. The punishment for the violation of any city ordinance shall not exceed a fine of five hundred dollars, or imprisonment for ninety days, or both, in the discretion of the court.

Section 8.6. Initiatory and referendary petitions – Generally

Any ordinance may be initiated by petition, or a referendum on an enacted ordinance may be had by petition, as hereinafter provided.

Section 8.7. Same – Contents; signatures; affidavit of petitioner; verification

An initiatory or referendary petition shall be signed by not less than ten (10%) percent of the registered electors of the city, as of the date of the last regular city election, and all signatures on said petitions shall be obtained within thirty days before the date of filing the petition with the clerk. Any such petition shall be addressed to the council and may be the aggregate of two or more petition papers identical as to contents and simultaneously filed by one person. An initiatory petition shall set forth in full the ordinance it proposes to initiate, and no petition shall propose to initiate more than one ordinance. A referendary petition shall identify the ordinance, or part thereof, it proposes to have repealed.Each signer of a petition shall sign his name and place thereon after his name, the date and his 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 the presence of the affiant. Such petitions shall be filed with the clerk who shall, within fifteen days, verify the signatures thereon. If the petition does not contain a sufficient number of signatures of registered electors of the city, the clerk shall notify forthwith the person filing such petition and fifteen days from such notification shall be allowed for the filing of supplemental petition papers. When a petition with sufficient signatures is filed within the time allowed by this section, the clerk shall present the petition to the council at its next regular meeting.

Section 8.8. Same – Action by council upon receipt

Upon receiving an initiatory or referendary petition from the clerk the council shall, within thirty days, unless otherwise provided by statute, either,

1. Adopt the ordinance as submitted by initiatory petition;Repeal the ordinance, or part thereof, referred to by a referendary petition; or
2. Determine to submit the proposal provided for in the petition to the electors.

Section 8.9. Same -- Submission to electors

Should the council decide to submit the proposal 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 and fifty days from the time the petition is presented to the council and the council does not adopt the ordinance, then the council shall call a special election within sixty days from such time for the submission of the initiatory proposal. The result shall be determined by a majority vote of the electors voting thereon, except in cases where otherwise required by law.

Section 8.10. Same – Suspension of operation of ordinance in referendum; amendment or repeal; adoption of conflicting ordinances at the same election.

The presentation to the council by the clerk of a valid referendary petition shall automatically suspend the operation of the ordinance in question pending repeal by the council or final determination by the electors.An ordinance adopted by the electorate through initiatory proceedings may not be amended or repealed for a period of one year 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 one year after the date of the election at which it was repealed.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.

Section 8.11. Recall

Any elected official may be recalled from office by the electors of the city in the manner provided by statute. A vacancy created by such recall shall be filled in the manner prescribed by this Charter and by statute

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