Section § 9235

Explanation

Generally, a new city law, known as an ordinance, doesn't take effect until 30 days have passed since it was approved. However, there are exceptions where ordinances can become effective sooner. These exceptions include laws related to elections, urgent measures needed to protect public peace, health, or safety which require a city council supermajority vote, those about street improvements, and laws controlled by specific state rules for their approval.

No ordinance shall become effective until 30 days from and after the date of its final passage, except:
(a)CA Elections Code § 9235(a) An ordinance calling or otherwise relating to an election.
(b)CA Elections Code § 9235(b) An ordinance for the immediate preservation of the public peace, health, or safety that contains a declaration of, and the facts constituting, its urgency and is passed by a four-fifths vote of the city council.
(c)CA Elections Code § 9235(c) Ordinances relating to street improvement proceedings.
(d)CA Elections Code § 9235(d) Other ordinances governed by particular provisions of state law prescribing the manner of their passage and adoption.

Section § 9236

Explanation

This law section outlines the process for cities involved in joint powers entities to issue revenue bonds. It specifies that such ordinances take 60 days to become effective. If the number of people who voted for Governor in the city's last election exceeds 500,000, a referendum can be triggered by a petition signed by at least 5% of those voters. If the voter count is below 500,000, the threshold for signatures increases to 10%. The law also provides a template for how the bond issuance question should appear on ballots if a referendum occurs.

(a)CA Elections Code § 9236(a) Notwithstanding Section 9235, ordinances authorizing the issuance of revenue bonds by a city as part of a joint powers entity pursuant to Section 6547 of the Government Code shall not take effect for 60 days.
(b)CA Elections Code § 9236(b) When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city described in subdivision (a) exceeds 500,000, the ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 5 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election. When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city is less than 500,000, the ordinance is subject to referendum upon presentation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election.
(c)CA Elections Code § 9236(c) For the purpose of submitting the question to the voters pursuant to subdivision (b), the ballot wording shall approximate the following:
“Shall the _____ (county name) _____ ,
as a member of the _____ (joint powers entity name) _____ ,

Section § 9237

Explanation

This law states that if you don't agree with a new city ordinance, you can start a petition to challenge it. For the petition to be valid, it must be submitted to the city elections office within 30 days after the ordinance is officially confirmed by the city clerk, and it must be signed by at least 10% of the city's registered voters based on the latest registration report. In smaller cities with 1,000 or fewer registered voters, the petition needs signatures from either 25% of the voters or 100 voters, whichever is less. If these conditions are met, the ordinance won't take effect immediately, and the city must take another look at it.

If a petition protesting the adoption of an ordinance, and circulated by a person who meets the requirements of Section 102, is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the date the adopted ordinance is attested by the city clerk or secretary to the legislative body, and is signed by not less than 10 percent of the voters of the city according to the county elections official’s last official report of registration to the Secretary of State, or, in a city with 1,000 or less registered voters, is signed by not less than 25 percent of the voters or 100 voters of the city, whichever is the lesser, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance.

Section § 9237.2

Explanation

If you've started a referendum in California, you can cancel it any time before the 88th day leading up to the election. This is true regardless of whether the elections official has already reviewed and approved your petition.

The proponent of a referendum may withdraw the referendum at any time before the 88th day before the election, whether or not the petition has already been found sufficient by the elections official.

Section § 9237.5

Explanation

This law section explains that the existing rules about how to format petitions, the responsibilities of county election officials, and how to conduct elections also apply when you're handling petition procedures and submitting ordinances for a vote.

The provisions of this code relating to the form of petitions, the duties of the county elections official, and the manner of holding elections shall govern the petition procedure and submission of the ordinance to the voters.

Section § 9238

Explanation

This section explains the requirements for creating a referendum petition to challenge an ordinance passed by a city council. The top of each petition page must say “Referendum Against an Ordinance Passed by the City Council.”

Every section of the petition needs to include the ordinance’s identifying number or title and either the full text or a 5,000-word summary prepared by the city attorney. If the city attorney doesn’t approve a summary in time, the proponents' version is used. The proponents have 30 days to gather signatures, and the ordinance cannot take effect until this period is over. Petition design and signature declarations must follow specific formats outlined in other sections.

(a)CA Elections Code § 9238(a) Across the top of each page of the referendum petition there shall be printed the following:
(b)CA Elections Code § 9238(b) Each section of the referendum petition shall contain all of the following:
(1)CA Elections Code § 9238(b)(1) The identifying number or title of the ordinance.
(2)CA Elections Code § 9238(b)(2) Either of the following:
(A)CA Elections Code § 9238(b)(2)(A) The text of the ordinance or the portion of the ordinance that is the subject of the referendum.
(B)CA Elections Code § 9238(b)(2)(B) An impartial summary of the referendum not to exceed 5,000 words prepared pursuant to the following procedure:
(i)CA Elections Code § 9238(b)(2)(B)(i) Within three business days of the final passage of the ordinance, the referendum’s proponents shall file a copy of the proposed summary with the local elections official, who shall immediately transmit a copy of the proposed summary to the city attorney.
(ii)CA Elections Code § 9238(b)(2)(B)(ii) Within 10 business days the city attorney shall issue an approved summary to the local elections official and the referendum’s proponents for circulation. The city attorney may edit the summary prior to approval. All edits made to the summary shall be true and impartial and shall not contain argument or any matter likely to cause prejudice for or against the referendum. The city attorney may add the full text of the ordinance, or the portion of the ordinance that is the subject of the referendum, to the summary if doing so would not exceed the 5,000-word limit.
(iii)CA Elections Code § 9238(b)(2)(B)(iii) The summary shall include a link to a public website containing the text of the ordinance or the portion of the ordinance that is the subject of the referendum.
(iv)CA Elections Code § 9238(b)(2)(B)(iv) The 5,000 word limit imposed by this subparagraph shall include all attachments, exhibits, and other supplements to the summary.
(v)CA Elections Code § 9238(b)(2)(B)(v) If the city attorney fails to issue an approved summary within 10 business days, the proposed summary submitted by the proponents shall be considered approved.
(vi)CA Elections Code § 9238(b)(2)(B)(vi) Notwithstanding Section 9235, proponents who circulate a referendum petition pursuant to this subparagraph shall have 30 days from the date the summary is approved to submit a petition with the required number of signatures to the local elections official. The ordinance subject to the referendum petition shall not become effective until this period has expired.
(C)CA Elections Code § 9238(b)(2)(C) After the proponents begin circulating a referendum petition prepared pursuant to subparagraph (A) or (B), the proponents shall not circulate another version of the referendum petition prepared using the other method.
(c)CA Elections Code § 9238(c) The petition sections shall be designed in the same form as specified in Section 9020.
(d)CA Elections Code § 9238(d) Each section of the referendum petition 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.

Section § 9239

Explanation

This statute states that petitions need to be submitted to the city elections official at their office during normal posted business hours. The elections official is responsible for counting the signatures on each petition according to the rules outlined in Section 9210.

Petitions shall be accepted for filing by the elections official and the determination of the number of signatures thereon shall be made by the elections official in accordance with Section 9210. Petitions 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.

Section § 9240

Explanation

Once a petition is filed, the city's elections official needs to check it and confirm the results, just like they do with county petitions. However, instead of sending results to the county's board of supervisors, they send them to the city's legislative body, like a city council.

After the petition has been filed as herein provided, the elections official shall examine the petition and certify the results in the same manner as are county petitions in 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.

Section § 9241

Explanation

If a petition is filed against a local ordinance and the city council or similar legislative body doesn’t completely repeal it, they must give voters the chance to decide on the ordinance. This can be through the next regular municipal election or a specially called election, both happening no sooner than 88 days after they make the decision. The ordinance only goes into effect if more than half the voters support it. If voters don't approve it or if it's repealed, the ordinance can't be brought back for another year.

If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it. If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters.

Section § 9242

Explanation

If you're gathering signatures for a petition about a new city ordinance, you have 30 days from when the ordinance is adopted to collect and submit the signatures. Make sure to submit the petition to the city's election official during their office hours. If you miss this 30-day deadline, your petition won't be valid.

Signatures upon petitions, and sections thereof, shall be secured, and the petition, together with all sections thereof, shall be filed, within 30 days from the date of the adoption of the ordinance to which it relates. Petitions and sections thereof 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. Petitions which are not filed within the time permitted by this section shall be void for all purposes.

Section § 9243

Explanation

This law section states that any elections held under this article must follow the rules and procedures laid out in Sections 9217 through 9225.

Elections pursuant to this article shall be held in accordance with Sections 9217 to 9225, inclusive.

Section § 9244

Explanation

This law section explains that if a city's legislative body votes to repeal an ordinance after voters have protested, but the mayor vetoes this decision, and the legislative body doesn't manage to override the veto, the ordinance won't be repealed. The inability to override the veto means the decision to repeal fails.

Whenever the legislative body of a city has voted in favor of the repeal of an ordinance protested against by the voters, as provided in this article, and the mayor, or like officer, has vetoed the repeal, the failure of the legislative body to pass the repeal over the veto shall be deemed a refusal to repeal the ordinance.

Section § 9245

Explanation

This section explains how to determine the official date an ordinance is considered finally passed. If the mayor's approval is needed, the date they approve it is the date of final passage. If no action is taken and the approval or veto period expires, then the date the period ends becomes the final passage date.

If approval of an ordinance by the mayor or like officer is necessary, the date of approval shall be deemed the date of its final passage by the legislative body within the meaning of this article.
If an ordinance becomes law when the time for approval or veto has expired, and no action has been taken, the date of the expiration of that time shall be deemed the date of its final passage by the legislative body within the meaning of this article.

Section § 9246

Explanation

This law states that any responsibilities a city council has for organizing and handling a municipal election also apply to any other officials who have related duties. Everyone involved must do what's necessary to ensure the election process is completed as required by law.

Any duty imposed in this chapter upon the legislative body of a city with regard to calling a municipal election, or in connection with an election called pursuant to this chapter, is likewise imposed upon any officer having any duty to perform connected with the election, so far as may be necessary to carry out this chapter.

Section § 9247

Explanation

This law section states that certain rules don't apply to cities with a specific type of government charter. These cities can have their voters directly create laws, which means the regular rule doesn't cover them. Additionally, the rules don't apply to city projects like street improvements or changes where the costs are paid through special real estate assessments.

Article 1 (commencing with Section 9200) and this article do not apply to cities having a charter adopted under Section 3 of Article XI of the California Constitution, and having in their charters any provision for the direct initiation of ordinances by the voters; nor to proceedings had for the improvement of streets in or rights-of-way owned by cities, the opening or closing of streets, the changing of grades or the doing of other work, the cost of which, or any portion of the cost which is to be borne by special assessments upon real property.