Sec. 1. Council to act by resolution or ordinance.
The council shall act by resolution or ordinance.
Sec. 2. Ayes and nays to be recorded.
The ayes and nays shall be taken upon the passage of all ordinances and resolutions and
entered upon the journal of the proceedings of the council.
Sec. 3. When majority or 2/3 vote required.
A majority vote of all the members of the council shall be necessary to pass any
ordinance or resolution having the effect of an ordinance, except that the adoption or
readoption of, or a major amendment to the general plan shall be approved by affirmative
votes of at least two-thirds of the members of the council. A "major amendment"
to the general plan shall be as defined by state law.
Sec. 4. Enacting style.
The enacting clause of all ordinances passed by the council shall be in these words:
"Be it ordained by the Council of the City of Scottsdale as follows:".
Sec. 5. Reading or posting and passage of ordinances and resolutions; effective date.
All proposed ordinances and resolutions having the effect of ordinances, shall either
be read in full or posted in a public place at least twenty-four (24) hours prior to their
adoption, provided that if any amendments are proposed to a posted ordinance such
amendments shall be read in full prior to their adoption.
A measure may be placed upon final passage at the same meeting as when introduced by
unanimous consent of the council.
Measures without the emergency clause shall take effect and become operative thirty
(30) days after the date of their passage.
Sec. 6. Emergency measures; effective date.
An emergency measure is one necessary for the immediate preservation of the public
peace, health or safety, in which the emergency is set forth and defined. Passage of an
emergency measure shall require the affirmative vote of at least five (5) members of the
council, or such other number of affirmative votes as may be required by law, taken by
ayes and nays. An emergency measure shall take effect immediately upon its passage.
Sec. 7. Signing of ordinances and resolutions.
All ordinances and resolutions shall be signed by the mayor and attested by the city
clerk.
Sec. 8. Publication of ordinances and resolutions.
All ordinances and resolutions having the effect of ordinances, except emergency
measures, shall be published once within ten (10) days of their passage, in the official
newspaper of the city before they become effective and operative.
Emergency ordinances which have been passed by the necessary vote of five (5) members
of the council shall be published one time in the official newspaper of the city within
ten (10) days after their passage.
Sec. 9. How ordinances and resolutions are to be revised; reenacted and amended.
Ordinances, or resolutions having the effect of an ordinance, shall not be revised,
reenacted or amended by reference to title only, but the ordinance, or resolution having
the effect of an ordinance to be revised or reenacted, or the section or sections thereof
to be amended, or the new section or sections to be added thereto, shall be set forth and
adopted in the method provided in this charter for the adoption of ordinances and
resolutions.
Sec. 10. How ordinances or resolutions are to be repealed or suspended.
No ordinance, or resolution having the effect of an ordinance, or section thereof shall
be repealed or suspended except by ordinance or resolution adopted in the manner provided
in this charter.
Sec. 11. Ordinances and resolutions to be filed, recorded and certified; ordinances and
resolutions as evidence.
All ordinances and resolutions shall be filed and safely kept by the city clerk and
duly recorded and certified by him in books for that purpose marked "city
ordinances" and "city resolutions" respectively; and record copies thereof
certified by the city clerk, or the originals thereof shall be prima facie evidence of the
contents of such ordinances or resolutions and of the due passage and publication of the
same, and shall be admissible in evidence in any court of this state, or in any proceeding
where the contents of such ordinance or resolution, or any of them, is in question;
provided, however, that nothing herein contained shall be construed to prevent the proof
of passage and publication of any ordinance or resolution in the manner otherwise
prescribed by law.
Sec. 12. Procedure for adoption by reference.
The council may enact the provisions of a code or public record theretofore in
existence without setting forth such provisions, but the adopting ordinance shall be
published in full. At least three (3) copies of the code or public record shall be filed
in the office of the city clerk and kept available for public use and inspection. A code
or public record enacted by reference may be amended in the same manner.
No penalty clause shall be enacted by reference thereto. A penalty clause contained in
a code or public record adopted by reference shall be set forth in full in the adopting
ordinance.
Sec. 13. Codification of ordinances.
Any or all ordinances of the city which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, shall be
compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code,
and such code may be adopted by reference, with the same effect as an ordinance, by the
passage of any ordinance for such purpose. Such code need not be published in the manner
required for other ordinances but not less than three (3) copies thereof shall be filed
for use and examination by the public in the office of the city clerk prior to the
adoption thereof. Ordinances codified shall be repealed as of the effective date of the
code. Amendments to the code shall be enacted in the same manner as ordinances.