|
|
 |
O-2004-21
AN ORDINANCE
AMENDING CHAPTER 2.52 OF THE LAKEWOOD MUNICIPAL CODE RELATING TO INITIATIVE AND REFERENDUM PROCEDURES
WHEREAS, it is necessary to amend certain provisions of Chapter 2.52 of the Lakewood Municipal Code relating to initiative and referendum procedures to reflect recent court decisions and to clarify certain provisions.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. The definition of "Circulator" is added to Section 2.52.020 of the Lakewood Municipal Code and the definition of "Section" as set forth in Section 2.52.020 of the Lakewood Municipal Code is amended to read as follows:
"Circulator" means a natural person who circulates a petition and
is eighteen years of age or older at the time of petition circulation.
"Section" means a bound compilation of initiative forms approved
by the City Clerk or referendum petitions which shall include pages that contain
the warning required by Sections 2.52.080 or 2.52.140, respectively; and the
title, the summary, and a copy of the proposed initiative measure or the number,
name and a copy of the ordinance which is the subject of the referendum petition;
succeeding pages that contain said warning, the title of the initiative measure
or the number and name of the referred ordinance and ruled lines numbered consecutively
for registered electors' signatures; and a final page that contains the affidavit
required by Sections 2.52.080 or 2.52.140, respectively. Each section shall
be consecutively prenumbered by the petitioner prior to circulation.
SECTION 2. Section 2.52.030 of the Lakewood Municipal Code is amended to read as follows:
2.52.030 Initiative procedures.
A. Any initiated measure shall be in the form of an ordinance, legislative in
character, the original draft of which shall be submitted to the City Clerk
before the petition relating thereto is circulated to the registered electors
of the city. Proponents are encouraged to write such drafts in plain, non-technical
language and in a clear and coherent manner using words with common and everyday
meaning which are understandable to the average reader. Within ten days after
submission, the City Clerk, with the assistance of other city officials as the
Clerk deems necessary, shall designate and fix a fair title, submission clause,
and summary to the proposed ordinance which shall correctly and fairly express
the true intent and meaning of the proposed ordinance. Titles shall be brief,
shall not conflict with titles selected for any petition previously filed for
the same election, and shall be in the form of a question which may be answered
"FOR THE ORDINANCE" to vote in favor of the proposed measure or "AGAINST
THE ORDINANCE" to vote against the proposed measure and which shall unambiguously
state the subject matter of the ordinance sought to be added, amended, or repealed.
B. If any registered elector submitting such initiated petition is not satisfied
with the title, submission clause, or summary as provided, and claims it to
be unfair, or that it does not fairly express the true meaning and intent of
the proposed measure, such person may file a motion for a hearing with the City
Clerk within seven days after the return of the petition to the persons submitting
it, which hearing shall be had within two business days thereafter. If the City
Clerk rules against the registered elector submitting such initiated petition,
then upon the filing of a written request, a certified copy of the petition
with the title, submission clause, and summary of such proposed measure, together
with a certified copy of such motion for hearing and of the ruling thereon,
shall be furnished to the parties by the City Clerk and, if filed with the Clerk
of the District Court for Jefferson County within five days thereafter, shall
be docketed as a cause there pending and disposed of as expeditiously as circumstances
permit.
SECTION 3. Section 2.52.040 of the Lakewood Municipal Code is amended to read as follows:
2.52.040 Initiative petitions-Fees.
The City Clerk may charge the same fees for certifying a record of any proceedings
as are provided for certified copies of other papers, which fees shall be paid
by the parties desiring a review of such proceedings. The Clerk of the District
Court shall receive the ordinary docket fee for docketing any such cause, which
shall be paid by the parties desiring a review of such proceedings.
SECTION 4. Subsections 2.52.080 D., E., F. and G. of the Lakewood Municipal
Code are amended to read as follows:
D. To each such petition shall be attached a signed, notarized affidavit of
the circulator, stating his or her name, address, the date the affidavit was
signed, that he or she circulated the petition, that each signature thereon
was affixed in his or her presence, that each signature thereon is the signature
of the person whose name it purports to be, that to the best knowledge and belief
of the affiant each of the persons signing the petition was at the time of signing
a registered elector of the city, and that he or she has not paid or will not
in the future pay, and that he or she believes that no other person has so paid
or will pay, directly or indirectly, any money or other thing of value to any
signer for the purpose of inducing or causing such signer to affix his or her
signature to such petition. Each circulator and representative of the petition
signers shall sign an agreement in which each agrees to submit to the subpoena
authority of the City Clerk. The City Clerk shall not accept for filing any
petition which does not have attached thereto an affidavit meeting the requirements
of this section and the agreement submitting to the subpoena authority of the
City Clerk. Any signature added to a section of a petition after said affidavit
has been executed shall be invalid.
E. All initiative petitions shall consist of a complete copy of what is proposed
to be initiated including the title, submission clause, and summary as designated
and fixed by the City Clerk pursuant to Section 2.52.030. Each petition shall
designate by name and address two persons who shall represent the signers thereof
in all matters affecting the same, and who shall be registered electors of the
city. All such petitions shall be prenumbered serially, and the circulation
of any petition described in this chapter by any medium other than personally
by a circulator is prohibited. Any petition which fails to conform to the requirements
of this chapter or is circulated in a manner other than that permitted in this
section shall be invalid.
F. Any disassembly of a section of the petition which has the effect of separating
the affidavits from the signatures shall render that section of the petition
invalid and of no force and effect.
G. The circulation of any petition section other than personally by a circulator
is prohibited. No section of a petition for any initiative measure shall be
circulated by any person who is not at least eighteen years of age at the time
the section is circulated.
SECTION 5. Subsection 2.52.090 F. of the Lakewood Municipal Code is amended
to read as follows:
F. The decision of the City Clerk is final. Any appeal of the decision shall
be to Jefferson County District Court.
SECTION 6. Subsection 2.52.110 B. of the Lakewood Municipal Code is amended
to read as follows:
B. The City Council, notwithstanding the above provisions, shall not act on
any petition presented to it during the pendency of any protest or proceedings
provided for in Sections 2.52.090 and 2.52.100, or any review thereof or appeal
therefrom.
SECTION 7. Subsections 2.52.140 D., E., F., G. and H. of the Lakewood Municipal
Code are amended to read as follows:
D. To each such petition shall be attached a signed, notarized affidavit of
the circulator, stating his or her name, address, the date the affidavit was
signed, that he or she circulated the petition, that each signature thereon
was affixed in his or her presence, that each signature thereon is the signature
of the person whose name it purports to be, that to the best knowledge and belief
of the affiant each of the persons signing the petition was at the time of signing
a registered elector of the city, and that he or she has not paid or will not
in the future pay, and that he or she believes that no other person has so paid
or will pay, directly or indirectly, any money or other thing of value to any
signer for the purpose of inducing or causing such signer to affix his or her
signature to such petition. Each circulator and representative of the petition
signers shall sign an agreement in which each agrees to submit to the subpoena
authority of the City Clerk. The City Clerk shall not accept for filing any
petition which does not have attached thereto an affidavit meeting the requirements
of this section and the agreement submitting to the subpoena authority of the
City Clerk. Any signature added to a section of a petition after the said affidavit
has been executed shall be invalid.
E. All referendum petitions shall include a complete copy of the ordinance
which is the subject of the petition. Each petition shall designate by name
and address two persons who shall represent the signers thereof in all matters
affecting the same, and who shall be registered electors of the city. All such
petitions shall be prenumbered serially, and the circulation of any petition
described in this chapter by any medium other than personally by a circulator
is prohibited. Any petition which fails to conform to the requirements of this
chapter or is circulated in a manner other than that permitted in this section
shall be invalid.
F. Any disassembly of a section of the petition which has the effect of separating
the affidavits from the signatures shall render that section of the petition
invalid and of no force and effect.
G. The circulation of any petition section other than personally by a circulator
is prohibited. No section of a petition for any referendum measure shall be
circulated by any person who is not at least eighteen years of age at the time
the section is circulated.
H. As soon as possible, but prior to filing a referendum petition, the circulators shall file with the City Clerk a notice of intent to file a referendum petition.
SECTION 8. Subsection 2.52.150 F. of the Lakewood Municipal Code is amended to read as follows:
F. The decision of the City Clerk is final. Any appeal of the decision shall
be to Jefferson County District Court.
SECTION 9. Section 2.52.210 of the Lakewood Municipal Code is amended to read as follows:
2.52.210 Receiving money to circulate petitions-Filing.
The proponents of any initiative measure or referendum petition shall file with
the City Clerk the name of the proposed initiative measure or referendum petition
for which petitions were circulated by paid circulators, and the total amount
paid to each circulator. The filing shall be made at the same time the petition
is filed with the City Clerk.
SECTION 10. Subsection 2.52.230 F. of the Lakewood Municipal Code is amended to read as follows:
F. For any election official or other person to willfully conspire or agree
or confederate, with another or others, to do any act which shall hinder, delay
or in any manner interfere with the calling, holding or conducting of any election
permitted under the initiative and referendum powers reserved by the people
in Section 1 of Article V of the Constitution of the State and this chapter,
or of registering electors therefore;
SECTION 11. This ordinance shall take effect thirty (30) days after final publication.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 28th day of June, 2004; published in full in the Lakewood Sentinel on the 1st day of July, 2004; set for public hearing on the 12th day of July, 2004; read, finally passed and adopted by the City Council on the 12th day of July, 2004; and, signed and approved by the Mayor on the 13th day of July, 2004.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
 |
||
Home
| Search
| Contact Us | Privacy
Policy© City of Lakewood, 480 S. Allison Pkwy., Lakewood, CO 80226, 303-987-7000 |