01-0661R

RESOLUTION PLACING THE INITIATIVE AND REFERENDUM QUESTIONS RELATING TO DULUTH'S PUBLIC SMOKING ORDINANCE ON THE BALLOT OF THE NOVEMBER 6, 2001, GENERAL ELECTION.

BY COUNCILOR ECKENBERG:

        WHEREAS, on June 12, 2000, the Duluth City Council passed Ordinance No. 9448, which regulated smoking tobacco in public places and which was codified as Article VII of Chapter 28 (Sections 28-62 through 28-72) of the Duluth City Code; and

        WHEREAS, on December 21, 2000, the Duluth City Council passed Ordinance No. 9475, which amended Sections 28-64 and 28-71 of the Duluth City Code; and

        WHEREAS, on May 29, 2001, the Duluth City Council passed Ordinance No. 9490, which amended Sections 28-62, 28-64, 28-65, 28-66, 28-67, 28-68, 28-69, 28-70 and 28-71 of the Duluth City Code; and

        WHEREAS, pursuant to Section 52 of the Duluth City Charter, a sufficient petition protesting the passage of Ordinance No. 9490 has been filed with the city clerk within the required time period, suspending said ordinance from going into effect until it can be submitted to a vote of the people; and

        WHEREAS, pursuant to Section 51 of the Duluth City Charter, a sufficient initiative petition has been filed with the city clerk initiating an ordinance that would repeal Article VII of Chapter 28 of the Duluth City Code; and

        WHEREAS, pursuant to Sections 51 and 52 of the Duluth City Charter, the Duluth City Council desires to exercise its option to have both the initiative and the referendum question to be put to a vote of the people.

        NOW, THEREFORE, BE IT RESOLVED, that the Duluth city clerk is hereby directed to place both the initiative and referendum questions relating to the public smoking ordinance on the November 6, 2001 general municipal election ballot.

        RESOLVED FURTHER, that the city clerk is authorized and directed to prepare and mail or publish any and all notices of such initiative and referendum questions as are required by the Duluth City Charter.

        RESOLVED FURTHER, that the city clerk is authorized and directed to incorporate said initiative and referendum questions into the general municipal election ballot, which questions shall be substantially in the following form:


Question 1
Should Duluth's present smoking ordinance continue to remain in effect (Article VII, Chapter 28, Duluth City Code)?

A YES vote means Duluth's smoking ordinance will continue to be a valid law.

A NO vote means Duluth's smoking ordinance will be abolished.

YES

NO


Question 2
Should the amendments made to Duluth's smoking ordinance which place enforcement responsibilities on restaurant owners and eliminate exemptions from the smoking ordinance in 2003 be allowed to take effect? (Amendments were passed on May 29, 2001 as Ordinance No. 9490)

A YES vote means the amendments will be included in the existing smoking ordinance and will become law.

A NO vote means the amendments will be voided and will not become law.

YES

NO


        RESOLVED FURTHER, that a copy of Article VII, Chapter 28, Duluth City Code and Ordinance No. 9490 shall be kept on file in the office of the city clerk prior to such election for examination by members of the public.


STATEMENT OF PURPOSE:  This resolution sets the initiative and referendum questions on Duluth's public smoking ordinance on the ballot for the November 6, 2001, general municipal election.