9200. Ordinances may be enacted by and for any incorporated city
pursuant to this article.
9201. Any proposed ordinance may be submitted to the legislative
body of the city by a petition filed with the elections official of
the legislative body, in the manner hereinafter prescribed, after
being signed by not less than the number of voters specified in this
article. The petition may be in separate sections, providing that the
petition complies with this article. The first page of each section
shall contain the title of the petition and the text of the measure.
The petition sections shall be designated in the manner set forth in
Section 9020.
9202. (a) Before circulating an initiative petition in any city,
the proponents of the matter shall file with the elections official a
notice of intention to do so, which shall be accompanied by the
written text of the initiative and may be accompanied by a written
statement not in excess of 500 words, setting forth the reasons for
the proposed petition. The notice shall be signed by at least one,
but not more than three, proponents and shall be in substantially the
following form:
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of
their intention to circulate the petition within the City of ____
for the purpose of ____. A statement of the reasons of the proposed
action as contemplated in the petition is as follows:
(b) Any person filing a notice of intent with the elections
official shall pay a fee to be established by the legislative body
not to exceed two hundred dollars ($200) to be refunded to the filer
if, within one year of the date of filing the notice of intent, the
elections official certifies the sufficiency of the petition.
9203. (a) Any person who is interested in any proposed measure
shall file a copy of the proposed measure with the elections official
with a request that a ballot title and summary be prepared. This
request shall be accompanied by the address of the person proposing
the measure. The elections official shall immediately transmit a copy
of the proposed measure to the city attorney. Within 15 days after
the proposed measure is filed, the city attorney shall provide and
return to the city elections official a ballot title for and summary
of the proposed measure. The ballot title may differ from any other
title of the proposed measure and shall express in 500 words or less
the purpose of the proposed measure. In providing the ballot title,
the city attorney shall give a true and impartial statement of the
purpose of the proposed measure in such language that the ballot
title shall neither be an argument, nor be likely to create
prejudice, for or against the proposed measure.
(b) The elections official shall furnish a copy of the ballot
title and summary to the person filing the proposed measure. The
person proposing the measure shall, prior to its circulation, place
upon each section of the petition, above the text of the proposed
measure and across the top of each page of the petition on which
signatures are to appear, in roman boldface type not smaller than 12
point, the ballot title prepared by the city attorney. The text of
the measure shall be printed in type not smaller than 8 point.
The heading of the proposed measure shall be in substantially the
following form:
Initiative Measure to be Submitted Directly to the
Voters
The city attorney has prepared the following title and summary of
the chief purpose and points of the proposed measure:
(Here set forth the title and summary prepared by the city
attorney. This title and summary must also be printed across the top
of each page of the petition whereon signatures are to appear.)
9204. Any elector of the city may seek a writ of mandate requiring
the ballot title or summary prepared by the city attorney to be
amended. The court shall expedite hearing on the writ. A peremptory
writ of mandate shall be issued only upon clear and convincing proof
that the ballot title or summary is false, misleading, or
inconsistent with the requirements of Section 9203.
9205. A notice of intention and the title and summary of the
proposed measure shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1
of the Government Code, adjudicated as such, the notice, title, and
summary shall be published therein at least once.
(b) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, the notice,
title, and summary shall be published at least once, in a newspaper
circulated within the city and adjudicated as being of general
circulation within the county in which the city is located and the
notice, title, and summary shall be posted in three (3) public places
within the city, which public places shall be those utilized for the
purpose of posting ordinances as required in Section 36933 of the
Government Code.
(c) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, and there is no
newspaper of general circulation adjudicated as such within the
county, circulated within the city, then the notice, title, and
summary shall be posted in the manner described in subdivision (b).
9206. Within 10 days after the date of publication or posting, or
both, of the notice of intention and title and summary, the
proponents shall file a copy of the notice and title and summary as
published or posted together with an affidavit made by a
representative of the newspaper in which the notice was published or,
if the notice was posted, by a voter of the city, certifying to the
fact of publication or posting.
If the notice and title and summary are both published and posted
pursuant to subdivision (b) of Section 9205, the proponents shall
file affidavits as required by this section made by a representative
of the newspaper in which the notice was published certifying to the
fact that the notice was published and by a voter of the city
certifying to the fact that the notice was posted.
These affidavits, together with a copy of the notice of intention
and title and summary, shall be filed with the elections official of
the legislative body of the city in his or her office during normal
office hours as posted.
9207. The proponents may commence to circulate the petitions among
the voters of the city for signatures by any registered voter of the
city after publication or posting, or both, as required by Section
9205, of the title and summary prepared by the city attorney. Each
section of the petition shall bear a copy of the notice of intention
and the title and summary prepared by the city attorney.
9208. Signatures upon petitions and sections of petitions shall be
secured, and the petition, together with all sections of the
petition, shall be filed within 180 days from the date of receipt of
the title and summary, or after termination of any action for a writ
of mandate pursuant to Section 9204, and, if applicable, after
receipt of an amended title or summary or both, whichever occurs
later. Petitions and sections thereof shall be filed in the office of
the elections official during normal office hours as posted. If the
petitions are not filed within the time permitted by this section,
the petitions shall be void for all purposes.
9209. Each section shall have attached thereto the declaration of
the person soliciting the signatures. This declaration shall be
substantially in the same form as set forth in Section 9022, except
that the declaration shall declare that the circulator is a voter or
is qualified to register as a voter of the city, and shall state his
or her residence address at the time of the execution of the
declaration.
9210. The petition shall be filed by the proponents or by any
person or persons authorized in writing by the proponents. All
sections of the petition shall be filed at one time. Once filed, no
petition section shall be amended except by order of a court of
competent jurisdiction.
When the petition is presented for filing, the elections official
shall do all of the following:
(a) Ascertain the number of registered voters of the city last
reported by the county elections official to the Secretary of State
pursuant to Section 2187 effective at the time the notice specified
in Section 9202 was published.
(b) Determine the total number of signatures affixed to the
petition. If, from this examination, the elections official
determines that the number of signatures, prima facie, equals or is
in excess of the minimum number of signatures required, he or she
shall accept the petition for filing. The petition shall be deemed as
filed on that date. Any petition not accepted for filing shall be
returned to the proponents.
9211. After the petition has been filed, as herein provided, the
elections official shall examine the petition in the same manner as
are county petitions in accordance with Sections 9114 and 9115,
except that for the purposes of this section, references to the board
of supervisors shall be treated as references to the legislative
body of the city.
9212. (a) During the circulation of the petition, or before taking
either action described in subdivisions (a) and (b) of Section 9214,
or Section 9215, the legislative body may refer the proposed
initiative measure to any city agency or agencies for a report on any
or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general
and specific plans, including the housing element, the consistency
between planning and zoning, and the limitations on city actions
under Section 65008 of the Government Code and Chapters 4.2
(commencing with Section 65913) and 4.3 (commencing with Section
65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability
and location of housing, and the ability of the city to meet its
regional housing needs.
(4) Its impact on funding for infrastructure of all types,
including, but not limited to, transportation, schools, parks, and
open space. The report may also discuss whether the measure would be
likely to result in increased infrastructure costs or savings,
including the costs of infrastructure maintenance, to current
residents and businesses.
(5) Its impact on the community's ability to attract and retain
business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic
congestion, existing business districts, and developed areas
designated for revitalization.
(8) Any other matters the legislative body requests to be in the
report.
(b) The report shall be presented to the legislative body within
the time prescribed by the legislative body, but no later than 30
days after the elections official certifies to the legislative body
the sufficiency of the petition.
9213. On or before April 1 of each odd-numbered year, the elections
official of each legislative body shall file a report with the
Secretary of State containing the following information:
(a) The number of municipal initiative petitions circulated during
the preceding two calendar years which did not qualify for the
ballot, and the number of these proposed initiatives for which
reports were prepared pursuant to Section 9212.
(b) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were approved by the voters, and the number of these ballot measures
for which reports were prepared pursuant to Section 9212.
(c) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were not approved by the voters, and the number of these ballot
measures for which reports were prepared pursuant to Section 9212.
9214. If the initiative petition is signed by not less than 15
percent of the voters of the city according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, and contains a request that
the ordinance be submitted immediately to a vote of the people at a
special election, the legislative body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Immediately order a special election, to be held pursuant to
subdivision (a) of Section 1405, at which the ordinance, without
alteration, shall be submitted to a vote of the voters of the city.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9215. If the initiative petition is signed by not less than 10
percent of the voters of the city, according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, the legislative body shall
do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Submit the ordinance, without alteration, to the voters
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9216. In cities having a mayor, or like officer, with the veto
power, when the passage of an ordinance petitioned for by the voters
is vetoed, the failure of the legislative body to pass the ordinance
over the veto shall be deemed a refusal of the legislative body to
pass the ordinance within the meaning of this article.
9217. If a majority of the voters voting on a proposed ordinance
vote in its favor, the ordinance shall become a valid and binding
ordinance of the city. The ordinance shall be considered as adopted
upon the date that the vote is declared by the legislative body, and
shall go into effect 10 days after that date. No ordinance that is
either proposed by initiative petition and adopted by the vote of the
legislative body of the city without submission to the voters, or
adopted by the voters, shall be repealed or amended except by a vote
of the people, unless provision is otherwise made in the original
ordinance.
9218. Any number of proposed ordinances may be voted upon at the
same election, but the same subject matter shall not be voted upon
twice within any 12-month period at a special election under the
provisions of this article.
9221. If the provisions of two or more ordinances adopted at the
same election conflict, the ordinance receiving the highest number of
affirmative votes shall control.
9222. The legislative body of the city may submit to the voters,
without a petition therefor, a proposition for the repeal, amendment,
or enactment of any ordinance, to be voted upon at any succeeding
regular or special city election, and if the proposition submitted
receives a majority of the votes cast on it at the election, the
ordinance shall be repealed, amended, or enacted accordingly. A
proposition may be submitted, or a special election may be called for
the purpose of voting on a proposition, by ordinance or resolution.
The election shall be held not less than 88 days after the date of
the order of election.
9223. Whenever any ordinance or measure is required by this article
to be submitted to the voters of a city at any election, the
elections official of the legislative body shall cause the ordinance
or measure to be printed. A copy of the ordinance or measure shall be
made available to any voter upon request.
9224. The enacting clause of an ordinance submitted to the voters
of a city shall be substantially in the following form:
"The people of the City of ________ do ordain as follows:".
9226. This article does not apply to any statewide initiative
measure.
9200. Ordinances may be enacted by and for any incorporated city
pursuant to this article.
9201. Any proposed ordinance may be submitted to the legislative
body of the city by a petition filed with the elections official of
the legislative body, in the manner hereinafter prescribed, after
being signed by not less than the number of voters specified in this
article. The petition may be in separate sections, providing that the
petition complies with this article. The first page of each section
shall contain the title of the petition and the text of the measure.
The petition sections shall be designated in the manner set forth in
Section 9020.
9202. (a) Before circulating an initiative petition in any city,
the proponents of the matter shall file with the elections official a
notice of intention to do so, which shall be accompanied by the
written text of the initiative and may be accompanied by a written
statement not in excess of 500 words, setting forth the reasons for
the proposed petition. The notice shall be signed by at least one,
but not more than three, proponents and shall be in substantially the
following form:
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of
their intention to circulate the petition within the City of ____
for the purpose of ____. A statement of the reasons of the proposed
action as contemplated in the petition is as follows:
(b) Any person filing a notice of intent with the elections
official shall pay a fee to be established by the legislative body
not to exceed two hundred dollars ($200) to be refunded to the filer
if, within one year of the date of filing the notice of intent, the
elections official certifies the sufficiency of the petition.
9203. (a) Any person who is interested in any proposed measure
shall file a copy of the proposed measure with the elections official
with a request that a ballot title and summary be prepared. This
request shall be accompanied by the address of the person proposing
the measure. The elections official shall immediately transmit a copy
of the proposed measure to the city attorney. Within 15 days after
the proposed measure is filed, the city attorney shall provide and
return to the city elections official a ballot title for and summary
of the proposed measure. The ballot title may differ from any other
title of the proposed measure and shall express in 500 words or less
the purpose of the proposed measure. In providing the ballot title,
the city attorney shall give a true and impartial statement of the
purpose of the proposed measure in such language that the ballot
title shall neither be an argument, nor be likely to create
prejudice, for or against the proposed measure.
(b) The elections official shall furnish a copy of the ballot
title and summary to the person filing the proposed measure. The
person proposing the measure shall, prior to its circulation, place
upon each section of the petition, above the text of the proposed
measure and across the top of each page of the petition on which
signatures are to appear, in roman boldface type not smaller than 12
point, the ballot title prepared by the city attorney. The text of
the measure shall be printed in type not smaller than 8 point.
The heading of the proposed measure shall be in substantially the
following form:
Initiative Measure to be Submitted Directly to the
Voters
The city attorney has prepared the following title and summary of
the chief purpose and points of the proposed measure:
(Here set forth the title and summary prepared by the city
attorney. This title and summary must also be printed across the top
of each page of the petition whereon signatures are to appear.)
9204. Any elector of the city may seek a writ of mandate requiring
the ballot title or summary prepared by the city attorney to be
amended. The court shall expedite hearing on the writ. A peremptory
writ of mandate shall be issued only upon clear and convincing proof
that the ballot title or summary is false, misleading, or
inconsistent with the requirements of Section 9203.
9205. A notice of intention and the title and summary of the
proposed measure shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1
of the Government Code, adjudicated as such, the notice, title, and
summary shall be published therein at least once.
(b) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, the notice,
title, and summary shall be published at least once, in a newspaper
circulated within the city and adjudicated as being of general
circulation within the county in which the city is located and the
notice, title, and summary shall be posted in three (3) public places
within the city, which public places shall be those utilized for the
purpose of posting ordinances as required in Section 36933 of the
Government Code.
(c) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, and there is no
newspaper of general circulation adjudicated as such within the
county, circulated within the city, then the notice, title, and
summary shall be posted in the manner described in subdivision (b).
9206. Within 10 days after the date of publication or posting, or
both, of the notice of intention and title and summary, the
proponents shall file a copy of the notice and title and summary as
published or posted together with an affidavit made by a
representative of the newspaper in which the notice was published or,
if the notice was posted, by a voter of the city, certifying to the
fact of publication or posting.
If the notice and title and summary are both published and posted
pursuant to subdivision (b) of Section 9205, the proponents shall
file affidavits as required by this section made by a representative
of the newspaper in which the notice was published certifying to the
fact that the notice was published and by a voter of the city
certifying to the fact that the notice was posted.
These affidavits, together with a copy of the notice of intention
and title and summary, shall be filed with the elections official of
the legislative body of the city in his or her office during normal
office hours as posted.
9207. The proponents may commence to circulate the petitions among
the voters of the city for signatures by any registered voter of the
city after publication or posting, or both, as required by Section
9205, of the title and summary prepared by the city attorney. Each
section of the petition shall bear a copy of the notice of intention
and the title and summary prepared by the city attorney.
9208. Signatures upon petitions and sections of petitions shall be
secured, and the petition, together with all sections of the
petition, shall be filed within 180 days from the date of receipt of
the title and summary, or after termination of any action for a writ
of mandate pursuant to Section 9204, and, if applicable, after
receipt of an amended title or summary or both, whichever occurs
later. Petitions and sections thereof shall be filed in the office of
the elections official during normal office hours as posted. If the
petitions are not filed within the time permitted by this section,
the petitions shall be void for all purposes.
9209. Each section shall have attached thereto the declaration of
the person soliciting the signatures. This declaration shall be
substantially in the same form as set forth in Section 9022, except
that the declaration shall declare that the circulator is a voter or
is qualified to register as a voter of the city, and shall state his
or her residence address at the time of the execution of the
declaration.
9210. The petition shall be filed by the proponents or by any
person or persons authorized in writing by the proponents. All
sections of the petition shall be filed at one time. Once filed, no
petition section shall be amended except by order of a court of
competent jurisdiction.
When the petition is presented for filing, the elections official
shall do all of the following:
(a) Ascertain the number of registered voters of the city last
reported by the county elections official to the Secretary of State
pursuant to Section 2187 effective at the time the notice specified
in Section 9202 was published.
(b) Determine the total number of signatures affixed to the
petition. If, from this examination, the elections official
determines that the number of signatures, prima facie, equals or is
in excess of the minimum number of signatures required, he or she
shall accept the petition for filing. The petition shall be deemed as
filed on that date. Any petition not accepted for filing shall be
returned to the proponents.
9211. After the petition has been filed, as herein provided, the
elections official shall examine the petition in the same manner as
are county petitions in accordance with Sections 9114 and 9115,
except that for the purposes of this section, references to the board
of supervisors shall be treated as references to the legislative
body of the city.
9212. (a) During the circulation of the petition, or before taking
either action described in subdivisions (a) and (b) of Section 9214,
or Section 9215, the legislative body may refer the proposed
initiative measure to any city agency or agencies for a report on any
or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general
and specific plans, including the housing element, the consistency
between planning and zoning, and the limitations on city actions
under Section 65008 of the Government Code and Chapters 4.2
(commencing with Section 65913) and 4.3 (commencing with Section
65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability
and location of housing, and the ability of the city to meet its
regional housing needs.
(4) Its impact on funding for infrastructure of all types,
including, but not limited to, transportation, schools, parks, and
open space. The report may also discuss whether the measure would be
likely to result in increased infrastructure costs or savings,
including the costs of infrastructure maintenance, to current
residents and businesses.
(5) Its impact on the community's ability to attract and retain
business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic
congestion, existing business districts, and developed areas
designated for revitalization.
(8) Any other matters the legislative body requests to be in the
report.
(b) The report shall be presented to the legislative body within
the time prescribed by the legislative body, but no later than 30
days after the elections official certifies to the legislative body
the sufficiency of the petition.
9213. On or before April 1 of each odd-numbered year, the elections
official of each legislative body shall file a report with the
Secretary of State containing the following information:
(a) The number of municipal initiative petitions circulated during
the preceding two calendar years which did not qualify for the
ballot, and the number of these proposed initiatives for which
reports were prepared pursuant to Section 9212.
(b) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were approved by the voters, and the number of these ballot measures
for which reports were prepared pursuant to Section 9212.
(c) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were not approved by the voters, and the number of these ballot
measures for which reports were prepared pursuant to Section 9212.
9214. If the initiative petition is signed by not less than 15
percent of the voters of the city according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, and contains a request that
the ordinance be submitted immediately to a vote of the people at a
special election, the legislative body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Immediately order a special election, to be held pursuant to
subdivision (a) of Section 1405, at which the ordinance, without
alteration, shall be submitted to a vote of the voters of the city.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9215. If the initiative petition is signed by not less than 10
percent of the voters of the city, according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, the legislative body shall
do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Submit the ordinance, without alteration, to the voters
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9216. In cities having a mayor, or like officer, with the veto
power, when the passage of an ordinance petitioned for by the voters
is vetoed, the failure of the legislative body to pass the ordinance
over the veto shall be deemed a refusal of the legislative body to
pass the ordinance within the meaning of this article.
9217. If a majority of the voters voting on a proposed ordinance
vote in its favor, the ordinance shall become a valid and binding
ordinance of the city. The ordinance shall be considered as adopted
upon the date that the vote is declared by the legislative body, and
shall go into effect 10 days after that date. No ordinance that is
either proposed by initiative petition and adopted by the vote of the
legislative body of the city without submission to the voters, or
adopted by the voters, shall be repealed or amended except by a vote
of the people, unless provision is otherwise made in the original
ordinance.
9218. Any number of proposed ordinances may be voted upon at the
same election, but the same subject matter shall not be voted upon
twice within any 12-month period at a special election under the
provisions of this article.
9221. If the provisions of two or more ordinances adopted at the
same election conflict, the ordinance receiving the highest number of
affirmative votes shall control.
9222. The legislative body of the city may submit to the voters,
without a petition therefor, a proposition for the repeal, amendment,
or enactment of any ordinance, to be voted upon at any succeeding
regular or special city election, and if the proposition submitted
receives a majority of the votes cast on it at the election, the
ordinance shall be repealed, amended, or enacted accordingly. A
proposition may be submitted, or a special election may be called for
the purpose of voting on a proposition, by ordinance or resolution.
The election shall be held not less than 88 days after the date of
the order of election.
9223. Whenever any ordinance or measure is required by this article
to be submitted to the voters of a city at any election, the
elections official of the legislative body shall cause the ordinance
or measure to be printed. A copy of the ordinance or measure shall be
made available to any voter upon request.
9224. The enacting clause of an ordinance submitted to the voters
of a city shall be substantially in the following form:
"The people of the City of ________ do ordain as follows:".
9226. This article does not apply to any statewide initiative
measure.
9200. Ordinances may be enacted by and for any incorporated city
pursuant to this article.
9201. Any proposed ordinance may be submitted to the legislative
body of the city by a petition filed with the elections official of
the legislative body, in the manner hereinafter prescribed, after
being signed by not less than the number of voters specified in this
article. The petition may be in separate sections, providing that the
petition complies with this article. The first page of each section
shall contain the title of the petition and the text of the measure.
The petition sections shall be designated in the manner set forth in
Section 9020.
9202. (a) Before circulating an initiative petition in any city,
the proponents of the matter shall file with the elections official a
notice of intention to do so, which shall be accompanied by the
written text of the initiative and may be accompanied by a written
statement not in excess of 500 words, setting forth the reasons for
the proposed petition. The notice shall be signed by at least one,
but not more than three, proponents and shall be in substantially the
following form:
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of
their intention to circulate the petition within the City of ____
for the purpose of ____. A statement of the reasons of the proposed
action as contemplated in the petition is as follows:
(b) Any person filing a notice of intent with the elections
official shall pay a fee to be established by the legislative body
not to exceed two hundred dollars ($200) to be refunded to the filer
if, within one year of the date of filing the notice of intent, the
elections official certifies the sufficiency of the petition.
9203. (a) Any person who is interested in any proposed measure
shall file a copy of the proposed measure with the elections official
with a request that a ballot title and summary be prepared. This
request shall be accompanied by the address of the person proposing
the measure. The elections official shall immediately transmit a copy
of the proposed measure to the city attorney. Within 15 days after
the proposed measure is filed, the city attorney shall provide and
return to the city elections official a ballot title for and summary
of the proposed measure. The ballot title may differ from any other
title of the proposed measure and shall express in 500 words or less
the purpose of the proposed measure. In providing the ballot title,
the city attorney shall give a true and impartial statement of the
purpose of the proposed measure in such language that the ballot
title shall neither be an argument, nor be likely to create
prejudice, for or against the proposed measure.
(b) The elections official shall furnish a copy of the ballot
title and summary to the person filing the proposed measure. The
person proposing the measure shall, prior to its circulation, place
upon each section of the petition, above the text of the proposed
measure and across the top of each page of the petition on which
signatures are to appear, in roman boldface type not smaller than 12
point, the ballot title prepared by the city attorney. The text of
the measure shall be printed in type not smaller than 8 point.
The heading of the proposed measure shall be in substantially the
following form:
Initiative Measure to be Submitted Directly to the
Voters
The city attorney has prepared the following title and summary of
the chief purpose and points of the proposed measure:
(Here set forth the title and summary prepared by the city
attorney. This title and summary must also be printed across the top
of each page of the petition whereon signatures are to appear.)
9204. Any elector of the city may seek a writ of mandate requiring
the ballot title or summary prepared by the city attorney to be
amended. The court shall expedite hearing on the writ. A peremptory
writ of mandate shall be issued only upon clear and convincing proof
that the ballot title or summary is false, misleading, or
inconsistent with the requirements of Section 9203.
9205. A notice of intention and the title and summary of the
proposed measure shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1
of the Government Code, adjudicated as such, the notice, title, and
summary shall be published therein at least once.
(b) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, the notice,
title, and summary shall be published at least once, in a newspaper
circulated within the city and adjudicated as being of general
circulation within the county in which the city is located and the
notice, title, and summary shall be posted in three (3) public places
within the city, which public places shall be those utilized for the
purpose of posting ordinances as required in Section 36933 of the
Government Code.
(c) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, and there is no
newspaper of general circulation adjudicated as such within the
county, circulated within the city, then the notice, title, and
summary shall be posted in the manner described in subdivision (b).
9206. Within 10 days after the date of publication or posting, or
both, of the notice of intention and title and summary, the
proponents shall file a copy of the notice and title and summary as
published or posted together with an affidavit made by a
representative of the newspaper in which the notice was published or,
if the notice was posted, by a voter of the city, certifying to the
fact of publication or posting.
If the notice and title and summary are both published and posted
pursuant to subdivision (b) of Section 9205, the proponents shall
file affidavits as required by this section made by a representative
of the newspaper in which the notice was published certifying to the
fact that the notice was published and by a voter of the city
certifying to the fact that the notice was posted.
These affidavits, together with a copy of the notice of intention
and title and summary, shall be filed with the elections official of
the legislative body of the city in his or her office during normal
office hours as posted.
9207. The proponents may commence to circulate the petitions among
the voters of the city for signatures by any registered voter of the
city after publication or posting, or both, as required by Section
9205, of the title and summary prepared by the city attorney. Each
section of the petition shall bear a copy of the notice of intention
and the title and summary prepared by the city attorney.
9208. Signatures upon petitions and sections of petitions shall be
secured, and the petition, together with all sections of the
petition, shall be filed within 180 days from the date of receipt of
the title and summary, or after termination of any action for a writ
of mandate pursuant to Section 9204, and, if applicable, after
receipt of an amended title or summary or both, whichever occurs
later. Petitions and sections thereof shall be filed in the office of
the elections official during normal office hours as posted. If the
petitions are not filed within the time permitted by this section,
the petitions shall be void for all purposes.
9209. Each section shall have attached thereto the declaration of
the person soliciting the signatures. This declaration shall be
substantially in the same form as set forth in Section 9022, except
that the declaration shall declare that the circulator is a voter or
is qualified to register as a voter of the city, and shall state his
or her residence address at the time of the execution of the
declaration.
9210. The petition shall be filed by the proponents or by any
person or persons authorized in writing by the proponents. All
sections of the petition shall be filed at one time. Once filed, no
petition section shall be amended except by order of a court of
competent jurisdiction.
When the petition is presented for filing, the elections official
shall do all of the following:
(a) Ascertain the number of registered voters of the city last
reported by the county elections official to the Secretary of State
pursuant to Section 2187 effective at the time the notice specified
in Section 9202 was published.
(b) Determine the total number of signatures affixed to the
petition. If, from this examination, the elections official
determines that the number of signatures, prima facie, equals or is
in excess of the minimum number of signatures required, he or she
shall accept the petition for filing. The petition shall be deemed as
filed on that date. Any petition not accepted for filing shall be
returned to the proponents.
9211. After the petition has been filed, as herein provided, the
elections official shall examine the petition in the same manner as
are county petitions in accordance with Sections 9114 and 9115,
except that for the purposes of this section, references to the board
of supervisors shall be treated as references to the legislative
body of the city.
9212. (a) During the circulation of the petition, or before taking
either action described in subdivisions (a) and (b) of Section 9214,
or Section 9215, the legislative body may refer the proposed
initiative measure to any city agency or agencies for a report on any
or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general
and specific plans, including the housing element, the consistency
between planning and zoning, and the limitations on city actions
under Section 65008 of the Government Code and Chapters 4.2
(commencing with Section 65913) and 4.3 (commencing with Section
65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability
and location of housing, and the ability of the city to meet its
regional housing needs.
(4) Its impact on funding for infrastructure of all types,
including, but not limited to, transportation, schools, parks, and
open space. The report may also discuss whether the measure would be
likely to result in increased infrastructure costs or savings,
including the costs of infrastructure maintenance, to current
residents and businesses.
(5) Its impact on the community's ability to attract and retain
business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic
congestion, existing business districts, and developed areas
designated for revitalization.
(8) Any other matters the legislative body requests to be in the
report.
(b) The report shall be presented to the legislative body within
the time prescribed by the legislative body, but no later than 30
days after the elections official certifies to the legislative body
the sufficiency of the petition.
9213. On or before April 1 of each odd-numbered year, the elections
official of each legislative body shall file a report with the
Secretary of State containing the following information:
(a) The number of municipal initiative petitions circulated during
the preceding two calendar years which did not qualify for the
ballot, and the number of these proposed initiatives for which
reports were prepared pursuant to Section 9212.
(b) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were approved by the voters, and the number of these ballot measures
for which reports were prepared pursuant to Section 9212.
(c) With respect to municipal initiative measures that qualified
for the ballot in the preceding two calendar years, the number that
were not approved by the voters, and the number of these ballot
measures for which reports were prepared pursuant to Section 9212.
9214. If the initiative petition is signed by not less than 15
percent of the voters of the city according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, and contains a request that
the ordinance be submitted immediately to a vote of the people at a
special election, the legislative body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Immediately order a special election, to be held pursuant to
subdivision (a) of Section 1405, at which the ordinance, without
alteration, shall be submitted to a vote of the voters of the city.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9215. If the initiative petition is signed by not less than 10
percent of the voters of the city, according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, the legislative body shall
do one of the following:
(a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
(b) Submit the ordinance, without alteration, to the voters
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented. When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
9216. In cities having a mayor, or like officer, with the veto
power, when the passage of an ordinance petitioned for by the voters
is vetoed, the failure of the legislative body to pass the ordinance
over the veto shall be deemed a refusal of the legislative body to
pass the ordinance within the meaning of this article.
9217. If a majority of the voters voting on a proposed ordinance
vote in its favor, the ordinance shall become a valid and binding
ordinance of the city. The ordinance shall be considered as adopted
upon the date that the vote is declared by the legislative body, and
shall go into effect 10 days after that date. No ordinance that is
either proposed by initiative petition and adopted by the vote of the
legislative body of the city without submission to the voters, or
adopted by the voters, shall be repealed or amended except by a vote
of the people, unless provision is otherwise made in the original
ordinance.
9218. Any number of proposed ordinances may be voted upon at the
same election, but the same subject matter shall not be voted upon
twice within any 12-month period at a special election under the
provisions of this article.
9221. If the provisions of two or more ordinances adopted at the
same election conflict, the ordinance receiving the highest number of
affirmative votes shall control.
9222. The legislative body of the city may submit to the voters,
without a petition therefor, a proposition for the repeal, amendment,
or enactment of any ordinance, to be voted upon at any succeeding
regular or special city election, and if the proposition submitted
receives a majority of the votes cast on it at the election, the
ordinance shall be repealed, amended, or enacted accordingly. A
proposition may be submitted, or a special election may be called for
the purpose of voting on a proposition, by ordinance or resolution.
The election shall be held not less than 88 days after the date of
the order of election.
9223. Whenever any ordinance or measure is required by this article
to be submitted to the voters of a city at any election, the
elections official of the legislative body shall cause the ordinance
or measure to be printed. A copy of the ordinance or measure shall be
made available to any voter upon request.
9224. The enacting clause of an ordinance submitted to the voters
of a city shall be substantially in the following form:
"The people of the City of ________ do ordain as follows:".
9226. This article does not apply to any statewide initiative
measure.
