HomeMy WebLinkAbout04-37FEBRUARY 23, 2004 04-37 RESOLUTION
(CARRIED
PURPOSE:
INITIATED BY:
7-0 LOST LAID OVER WITHDRAWN )
AS AMENDED
SET REFERENDUM TO ADOPT ORDINANCE
CITY ADMINISTRATION
WHEREAS, the City Clerk has on February 10, 2004, certified as to the sufficiency
of a direct legislation petition, filed on January 21, 2004, proposing an ordinance for the
City of Oshkosh to create Section 14-1.2 of the City of Oshkosh Municipal Code pertaining
to the prohibition of adopting any smoking ban inside restaurants until there is a mandated
policy at the state or federal level, filed pursuant to Section 9.20 of the Wisconsin Statutes;
and
WHEREAS, Section 9.20, Wis. Stats., requires that, within 30 days of certification,
the Common Council of the City of Oshkosh either pass said ordinance without alteration
or, in the alternative, to submit said ordinance to the electors of the City of Oshkosh; and
WHEREAS, Section 9.20(4), Wis. Stats., provides that if the election is more than
6 weeks after the date of the council's action on the petition or the expiration of the 30-day
period, whichever first occurs, the question is submitted at the next spring election, which
pursuant to Section 5.02(21), Wis. Stats., is the first Tuesday in April, i.e. April 6, 2004; and
WHEREAS, the impact of such legislation should be decided by the electors;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to place the
question presented in said petition on a referendum ballot to be voted on at the time
provided by statute for holding the spring election, i.e. April 6, 2004.
BE IT FURTHER RESOLVED that the question presented to the electorate shall be:
Shall the City of Oshkosh adopt Section 14-1.2 of the Oshkosh Municipal Code, to
provide that privately-held businesses may establish their own smoking policy and
that the city cannot establish a smoking policy for privately-held businesses
until such time when there is a mandated smoking policy adopted at the state or
federal level.
YES NO
FEBRUARY 23, 2004 04-37 RESOLUTION
CONT'D
Section 9.20(6) of the Wisconsin Statutes does not require the entire text
of the proposed ordinance be printed on the ballot;
rather, "a concise statement of its nature shall be printed together with a question
permitting the elector to indicate approval or disapproval of its adoption.'
The spring ballot contains a referendum question that, if adopted by the electors, would
prohibit the City from adopting any type of smoking policy for all city restaurants until such
a mandated smoking policy is established at the State of Wisconsin or federal government
level. Any privately-held business within the city will continue to establish its own smoking
policy. Current ordinances or laws, at the local, state or federal level would not be
overruled if this referendum is approved.
A yes vote indicates approval for the prohibition of a city-wide restaurant smoking ban. A
no vote indicates disapproval. If adopted by the electorate, the ordinance becomes
effective upon its publication in the local newspaper. The publication must occur within 10
days of adoption.
**Bold & Italics indicates amendment
SUBMITTED BY