04-0634R

 

RESOLUTION AUTHORIZING REFERENDUM ON DULUTH’S PUBLIC SMOKING ORDINANCE, STATING THE REFERENDUM QUESTION FOR THE BALLOT, AND SETTING THE TIME THEREFORE AS THE GENERAL ELECTION ON NOVEMBER 2, 2004.

BY COUNCILOR GILBERT:

     WHEREAS, the City Charter of Duluth declares, at Section 3, that the mayor and council shall at all times be subject to the control of the people through the process of initiative and referendum; and

     WHEREAS, the electors of the city have presented to the clerk an initiative petition for submitting a proposed ordinance to the Duluth City Council - Proposed Ordinance creating Smoke-Free Public Places and Workplaces - which initiative petition is on the council agenda as item 04-0913-14; and

     WHEREAS, the petition has been certified by the clerk as sufficient to require a referendum, under paragraph 5 of Section 51 of the Charter; and

     WHEREAS, the electors may, before the applicable deadline, present additional petitions that are sufficient to require a referendum under paragraph 3 of Section 51 of the Charter; and

     WHEREAS, the council, under paragraph 12 of Section 51 of the Charter, has the authority to “of its own motion, submit to the electors for adoption or rejection at a general or special municipal” any ordinance that it has authority to enact; and

     WHEREAS, it is consistent with Section 3 of the Charter and good public policy to schedule the referendum on agenda matter 04-0913-14 so that it can be voted upon at the same time as the next election, scheduled to occur November 2, 2004.

     NOW, THEREFORE, BE IT RESOLVED:

     (a)  That the Duluth city clerk is hereby directed to place the initiative and referendum question relating to the public smoking ordinance, agenda item 04-0913-14, on the November 2, 2004 election ballot;

     (b)  That the city clerk is authorized and directed to prepare and mail or publish any and all notices of such initiative and referendum question as are required by the Duluth City Charter;

     (c)  That the city clerk is authorized and directed to incorporate said initiative and referendum question into the election ballot, which question shall be substantially in the following form:

Question

Should Duluth’s smoking ordinance be changed to prohibit smoking in indoor public places and most places of work (Article VII, Chapter 28, Duluth City Code)?

A YES vote means Duluth’s smoking ordinance will prohibit smoking indoors in public places, including retail businesses, and workplaces where two or more people work.

A NO vote means Duluth’s smoking ordinance will continue to allow smoking indoors in some public places, including some retail businesses, and some work places;

     (d)  Should the clerk, at any time after passage of this resolution, but before November 2, 2004, certify that the petition in said matter is sufficient under paragraph 3 of Section 51 of the Charter to be placed on the ballot for the November 2, 2004 election, then that shall occur;

     (e)  Should the clerk not change the current certification that the petition is sufficient under paragraph 5 of Section 51 of the Charter to be submitted to the voters, then, under its authority granted in Section 51, paragraph 12, of the Charter, the city council does submit to the voters, for adoption or rejection, using the ballot question set out above, at the election to be held November 2, 2004, the ordinance proposed by petition as shown in agenda item 04-0913-14 (ordinance creating smoke-free public places and workplaces);

     (f)  The council declares that, although by this resolution it submits the matter to be voted upon at the next election, the proposition has qualified by initiative, and it is an ordinance proposed by initiative;

     (g)  That a copy of Article VII, Chapter 28, Duluth City Code and the proposed ordinance 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:  The proposers of an ordinance regulating smoking have submitted petitions sufficient to require a referendum in 2005. They are collecting signatures that may, by the deadline, require a referendum in 2004. The clerk’s office may not have resources to check all the petitions before the deadline. This could result in a special election just after the November 2 general election, an expense the city could want to avoid. This resolution assures that the matter will be on the ballot for the November 2 election. Its major effect is scheduling, since signatures already checked assure that the matter will be sent to referendum.