Fresno Municipal Code Art. VI Legislation

Legislative action, including the establishment of a fine or other penalty or the grant of a franchise, shall be taken by the Council only by means of an ordinance, as follows:

(a) Each ordinance shall be introduced in writing, and its enacting clause shall be substantially as follows:

"The Council of the City of Fresno does ordain as follows:"

(b) No ordinance shall be adopted by the Council on the day of its introduction, or on the day it is altered after introduction, nor within five days thereafter, except as follows:

(1) An ordinance which takes effect upon final passage;

(2) An ordinance changing the land use zoning district of property, or adopting, amending, or repealing a specific plan or a redevelopment plan, when the adoption of such ordinance has been the subject of a noticed public hearing by the Council;

(c) No ordinance, except an emergency ordinance, shall be adopted at any time other than a regular or adjourned regular meeting.

(d) Upon the demand of a member of the Council at the time of the adoption of an ordinance, it shall be read in full, unless the reading thereof is waived by the Council.

(e) No ordinance changing the land use zoning district of property shall be adopted in conflict with any specific plan adopted by ordinance.

(f) An alteration necessary to correct a typographical or clerical error or omission only, may be performed by the City Clerk with the written approval and concurrence of the City Attorney, so long as the alteration does not materially or substantially alter the contents, requirements, rights, responsibilities, conditions, or prescriptions contained in the original text of the ordinance. A typographical or clerical error shall include, but is not limited, incorrect spelling, grammar, numbering, punctuation, transposed words or numbers, and duplicate words or numbers.

(Amendment ratified 1969 General Municipal Election; approved, Assembly Concurrent Resolution No. 172, filed with Secretary of State on June 12, 1969, Res. Ch. 197, Stat. 1969.)

(Amendment ratified 1971 General Municipal Election; approved, Assembly Concurrent Resolution No. 130, filed with Secretary of State on June 18, 1971, Res. Ch. 77, Stat. 1971.)

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

(Amendment ratified 1996 Consolidated General Election, November 5, 1996.)

No ordinance shall be passed or become effective without receiving the affirmative vote of at least four members of the Council unless otherwise provided in the Charter.

(Amendment ratified 1969 General Municipal Election; approved, Assembly Concurrent Resolution No. 172, filed with Secretary of State on June 12, 1969, Res. Ch. 197, Stat. 1969.)

At the demand of any member or at the request of the City Clerk, upon any question, the members shall individually cast their votes, by audible voice vote at the call of the roll by the City Clerk, or by other means, approved by a majority of the members, which registers and publicly discloses the individual vote of each member. The City Clerk shall cause the ayes and noes cast to be entered into the minutes of the meeting.

(Amendment ratified 1969 General Municipal Election; approved, Assembly Concurrent Resolution No. 172, filed with Secretary of State on June 12, 1969, Res. Ch. 197, Stat. 1969.)

(Amendment ratified 1971 General Municipal Election; approved, Assembly Concurrent Resolution No. 130, filed with Secretary of State on June 18, 1971, Res. Ch. 77, Stat. 1971.)

Any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced, adopted, and become effective at one and the same meeting if passed by at least five affirmative votes.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

All ordinances and resolutions shall be attested by the City Clerk and when required by law, shall be signed by the Mayor.

(a) The Mayor shall have veto power over all legislative acts of Council, whether such actions be taken by ordinance, resolution, or otherwise. The Mayor's veto power shall not extend to administrative decisions or quasi-judicial decisions of Council. The veto power shall be afforded the Mayor irrespective of any super-majority vote by Council, except that the veto power shall not extend to override votes taken pursuant to Section 609 of this Charter.

(b) For purposes of this Charter Section 605, legislative acts shall include amendments to the Fresno Municipal Code; adoption of general plans, community plans and specific plans; grants of franchise; establishment of fines, penalties, or regulations; tax levies; annexation of property; exemption of property from taxation; ordinances required by state law in matters wherein state law preempts local law; actions calling an election or otherwise relating to an election; resolutions and actions relating to eminent domain; adoption of budget; amendment of budget; fixing of compensation of officers and employees; position authorizations; establishment of fees; issuance of bonds; and all matters subject to the power of initiative and referendum.

(c) Notwithstanding, subsections 605(a) and (b), the Mayor's veto power shall not extend to:

(1) Emergency ordinances;

(2) Certain land use decisions including; the amendment of specific plans, community plans, and general plans; rezonings; conditional use permits or other special use permits approved by Council after consideration by the Planning Commission; or

(3) Any other land use action, other than text amendments to the Fresno Municipal Code, and whether legislative or quasi-judicial in nature, in which the matter has been considered at a public hearing before the City Council and Planning Commission.

(d) Each proposed resolution or ordinance voted on by the Council that is not approved by the Council and each ordinance or resolution adopted by the Council shall, within forty-eight hours of such action, be transmitted to the Mayor by the City Clerk, with appropriate notation of the action of the Council thereon. All ordinances, resolutions, or other action of Council subject to power of the mayor's veto shall be acted upon by the mayor within ten days of receiving the clerk's transmittal by Council.

The Mayor shall either approve each ordinance, resolution or other action adopted by Council subject to power of the mayor's veto adopted by the Council by signing and returning same to the City Clerk within the required time limits, or shall veto any ordinance, resolution or other action adopted by Council and shall return each such ordinance, resolution or action to the City Clerk with his or her written objections within the required time limit. Failure to make such return within the required time limit shall constitute approval and such ordinance, resolution, or action shall take effect without the Mayor's signed approval. The City Clerk shall note such fact on the official copy of such ordinance, resolution or action.

Any proposed ordinance, resolution or other action subject to power of the Mayor's veto which is voted on by the Council that is not approved by the Council shall be reconsidered by the Council on written request of the Mayor, stating his or her reasons therefor, filed with the City Clerk by the mayor within ten days after the Council's action on such resolution or ordinance. The Council shall reconsider such measure at its convenience, but not later than thirty days after the filing of the Mayor's request therefor.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended.

The Council shall cause to be classified and codified under appropriate heads all general ordinances in force and cause the same to be printed in book, pamphlet, or looseleaf form for the use of the City, its officers, and the public.

The Council may make the violation of its ordinances a misdemeanor or an infraction which may be prosecuted in the name of the People of the State of California, or may be redressed by civil action. The Council may prescribe punishment for a violation which constitutes a misdemeanor by a fine not to exceed one thousand dollars ($1000) or by imprisonment not to exceed one year, or by both such fine and imprisonment, and may prescribe punishment for a violation which constitutes an infraction.

(Amendment ratified 1975 General Municipal Election.)

The Council may reconsider any ordinance, resolution, or other action subject to the Mayor's veto, which has been vetoed by the mayor and if, after such reconsideration, five members of the Council shall vote in favor of passage thereof, it shall become effective notwithstanding the Mayor's veto. If more than five votes are required for the adoption or approval of any resolution, ordinance or other action by the provisions of this Charter or other superseding law, such larger vote shall be required to overcome the veto of the Mayor. If such vetoed ordinance, resolution, or other action is not passed over the Mayor's veto within thirty days of such veto, the resolution, ordinance, or other action shall be deemed disapproved.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)

An ordinance adopted by the Council shall become effective thirty days from and after the date of its final passage, except the following, which shall take effect on the date of final passage:

(a) An ordinance calling or otherwise relating to an election;

(b) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property;

(c) An emergency ordinance adopted in the manner provided in this Charter;

(d) An ordinance annexing areas to the City; or

(e) An ordinance providing for a tax levy or an appropriation for the usual current expenses and outlays of the City.

The date of final passage shall be deemed the date of approval by Mayor pursuant to Charter Section 605. In those cases, where the mayor does not have veto power, the date of final passage shall be deemed the date of Council adoption.

If an ordinance becomes law when the time for approval or veto by mayor has expired and no action has been taken, the date of expiration of that time shall be deemed the date of its final passage. If an ordinance is adopted by Council pursuant to a veto override vote, the date of Council's override vote shall be deemed the date of final passage.

(Amendment ratified 1993 General Municipal Election, April 27, 1993.)