# CHARTER OF THE CITY OF ORVILLE

## PART I. - HOME RULE CHARTER

### ART I. - Basic Provisions.
#### SECTION 101. - Title.
The people of the City of Orville do hereby establish this Charter for the better management of their affairs, securing their right to establish local government in accordance with the Constitution of the State of Raritan and state law. This Charter shall be cited as the Orville City Charter.

#### SECTION 102. - Incorporation.
The inhabitants of the city shall be a body politic and corporate under the name of the City of Orville and shall have, exercise and enjoy all the rights, immunities, powers and privileges given to them by the laws of the land and of the Union of Columbia.

#### SECTION 103. - Exercise of powers.
All powers of the city shall be exercised as ordained in this Charter or, if not so prescribed, then in such manner as shall be provided by ordinance or resolution of the city council.

#### SECTION 104. - Form of government.
The municipal government established by this Charter shall be known as the mayor-council form of government. All powers of the city shall be vested in its mayor as chief officer and a city council as its legislative body. The special judicial privileges of the city shall be vested in the Orville Municipal Court.

### ART II. - Elections.
#### SECTION 201 - Elected officials.
The elected officials of the city shall be its mayor and four councillors of the city council. All candidates for elected city office shall have resided in the state for three (3) weeks before the date of election.

#### SECTION 202 - Date of elections and office terms.
The mayor and members of the city council shall be elected for terms of four months at a general election. Such elections shall be conducted pursuant to state election law.

#### SECTION 203 - Swearing in of elected officials.
The winners of elections shall, before taking office, be sworn or affirmed to be faithful in the duties of their office. The oath shall be administered by a judge of the municipal court, or by the clerk in a judge’s absence, as follows:
> “I, __________, solemnly {swear/affirm} that I will support the Constitution and will obey all of the laws of the United States and of the State of Mattaquot; that I will, in all respects, observe the provisions of the Charter and Ordinances of the City of Bearford and shall faithfully discharge the duties of the office of _____. {So help me God/This I do under the pains and penalties of perjury}.” {delete as appropriate}

#### SECTION 204 - Vacancies in elective offices.
In the case of resignation, incompatibility of office or recall, which occurs more than twenty-one (21) days before the next general election, a special meeting of the city council may be called to appoint a person to fill that office until the next election.

#### SECTION 205 - Enforcement through recall.
In the event of an office holder becoming incompatible with their oath or failing to resign or vacate their seat when necessary, no less than thirty (30) electors of the city may file a statement with the clerk to be presented at the next council meeting. There the council may upon the affirmative vote of three-fourths (¾) of the entire city council remove the holder from their office.

No recall shall be initiated during the first or last twelve (12) days of an incumbent’s term.

#### SECTION 206 - The initiative.
The right to enact ordinances is hereby granted to the city’s electors, who, with no less than fifty (50) signatures, may file a statement with the clerk to be presented at the next council meeting. The initiative shall be exercised in the following manner:
- Whenever a successful petition has been filed with the clerk to enact a proposed ordinance, it shall be the duty of the city council to consider the proposal within seven (7) days of receipt. Receipt shall be defined as the reading of said petition at the next meeting of the council.
- The signatures will be verified, and the council may call upon any signatories to give evidence to the council when the proposal is tabled for consideration.
- If the council approves the ordinance by a majority of present members, it shall be put before the electorate at the next general election.
- Any ordinance approved through referendum shall not be altered or modified for at least thirty (30) days after the referendum.

#### SECTION 207 - Incompatibility of office.
No elected officer shall be able to hold any other office during their term of office.

### ART III. - Mayor.
#### SECTION 301. - Executive and administrative powers.
The powers of the city executive shall be vested in a mayor, who shall have and exercise all powers given to them by this Charter, its ordinances, and state law.

#### SECTION 302. - Powers and duties of the mayor.
The powers and duties of the mayor shall include the following:
- To supervise, direct and control the activities of all departments and agencies of the city government, provided by this Charter and by the ordinances of the city, and the laws of the state.
- To appoint all heads of departments and agencies with the approval of the city council, unless otherwise provided in this Charter.
- To act as the chairman of the city council in public hearings, in the manner provided in sections 404 and 405 of Article IV of this Charter.
- To call special meetings of the city council in the manner provided in section 405 of Article IV this Charter.
- To communicate to the city, from time to time, such information and recommendations as the mayor deems appropriate.
- To examine all ordinances adopted by the city council and exercise the right of veto in the manner provided for in section 408 of Article IV of this Charter, except in cases of an ordinance approved in the manner provided in section 206 of Article II of this Charter.
- To ensure that all officers and agents of the city faithfully comply with and discharge their official duties.
- To assign or reassign by mayoral order any government function not provided for by this Charter to any city department or agency.
- To declare a state of emergency when the mayor shall deem such action necessary to preserve the public peace, property or safety of the city, such declaration to have effect for no more than two (2) hours unless renewed with the approval of three-fourths (¾) of the entire city council.

### ART IV. - City Council.
#### SECTION 401. - Legislative powers.
The legislative powers of the city shall be vested in a city council, which shall have and exercise all powers given to them by this Charter, its ordinances, and state law. The powers and duties of the council shall include the following:
- To pass such ordinances as the council may consider necessary to ensure good order of the city and to provide penalties for the violation thereof, subject to the veto of the mayor.
- To adopt resolutions as the council may consider necessary for city administration.
- To approve or reject all appointments submitted to the council by the mayor; insofar that any such appointment shall be approved if the council does not consider the matter within ten (10) days. The mayor may withdraw any appointment before the council has acted upon it.
- To appoint, suspend or remove officers and employees of the city as prescribed by this Charter.

#### SECTION 402. - Power of investigation.
The city council shall have the power to subpoena any department or agency of the city to investigate the acts and conduct of any department or agency, employee or contractor. In connection with such an investigation, the city council may compel the attendance of witnesses and the production of books, papers and other evidence. The subpoena power granted herein may be approved by a simple majority of the council. Subpoenas shall be signed by the presiding officer of the city council and may be served and executed by the city sergeant or another officer authorized by law to serve subpoenas.

If any witness shall refuse to appear before or withhold evidence from the council, the council may, by resolution, seek a citation of contempt from the witness. Upon adoption of said resolution, the clerk shall notify the city solicitor who shall apply ex parte to the municipal court, and thereupon such witness may be punished in like manner as if such witness was in contempt of the court.

No witness shall be excused from testifying their knowledge, but such testimony shall not be used against such witness in any subsequent criminal prosecution except for perjury.

Except insofar as is necessary for councillors to carry out their duties, no member of the council shall interfere with the administration of the city.

#### SECTION 403. - Charges of neglect or gross misconduct in office.
Subject to state law, the council may bring charges against any city employee or contractor for neglect of duty or gross misconduct. Any such resolution to the same shall require the clerk to order a public hearing, to be held within ten (10) days, where the person so charged shall have the right to be heard, to be represented by counsel, and to request the council to compel the attendance of witnesses and evidence, in the manner provided in section 402 of Article IV of this Charter.

After such hearings are concluded, the council may by suspend for a duration, remove or dismiss the person charged. Such action shall not be subject to mayoral veto.

#### SECTION 404. - Regular meetings of city council.
The clerk shall ensure that regular meetings of the council take place before twenty-one (21) days have passed since the last meeting of the council, unless the council unanimously decides a meeting is unnecessary. The most senior councillor present shall act as the chairman of the council, and in public hearings to determine the conduct of the mayor. In all other public hearings the mayor will act as chairman.

#### SECTION 405. - Meetings requiring the full council.
Meetings which require the full council, including the mayor as chairman, to be present shall include:
- Public hearings in the manner provided in section 402 and 404 of Article IV of this Charter.
- Special meetings called by the mayor to discuss an urgent matter in the manner provided for in section 302 of Article III of this Charter. Notice of such meetings will be served personally by the clerk to each member of the council.

#### SECTION 406. - Rules, journal and quorum.
The council shall establish its own rules for its proceedings, filed with the clerk and deposited with the Secretary of State. The clerk shall also keep a full and accurate journal of the proceedings of the council to deposit regularly with the Secretary of State.

Three councillors shall constitute a quorum.

#### SECTION 407. - Voting.
Each member of the council shall vote on any question before it. The clerk shall call a roll call and the yeas and nays of the individual members shall be recorded.

The mayor shall not have a vote in substantive matters, and shall vote in the affirmative on procedural matters to break a tie. If a member is the chairman in the manner provided for in section 404 of Article IV of this Charter, they shall still have a vote.

#### SECTION 408. - Mayoral veto and passing of resolutions and ordinances.
The mayor may veto any ordinance passed by the council, within twelve (12) hours of its passage. If the mayor vetoes an ordinance, they should provide a reason to the council. Any resolution or ordinance will not require the signature of the mayor, and will become law inside the City after twelve (12) hours of its passage.

The council may only reconsider any ordinance vetoed, unamended, after seven (7) days since its veto.

#### SECTION 409. - Ordinance enacting style.
All ordinances passed by the council shall have the enacting style “Be it ordained by the Councillors of the City of Orville, in Council assembled.”

### ART V. - Orville Municipal Court.
#### SECTION 501. - Municipal Court.
There shall be a municipal court for the City of Orville consisting of one judge, or such number as the city council may determine. Each judge shall be a member of the bar of the State of Raritan, and names submitted by the city council for the approval of the Executive Council. There shall be a clerk of said court appointed by the Supreme Court of the State of Raritan. The said municipal court shall have all of the powers, duties and jurisdiction provided for by this Charter and state law.

### ART VI. - Appointed Officers.
#### SECTION 601. - City clerk.
The city clerk shall be appointed by the mayor, subject to the approval of the city council. They shall serve indefinitely and serve continuously between general elections, only to be removed by the council.

The clerk shall attend all meetings and keep the journal, liaising with the Department of State to deposit regular updates of the city journal.

The clerk may appoint deputies to act as city clerk in their absence. If at any meeting of the council, no person is present to act as the clerk, the council shall elect one of its members as clerk pro tempore.

The clerk shall be the custodian of the city seal and transmit all notifications of meetings of the council, subpoenas and messages between the mayor and the council, and affix the seal to passed resolutions and ordinances.

#### SECTION 602. - City solicitor.
The city solicitor shall be appointed by the mayor, subject to the approval of the city council. They shall serve indefinitely and serve continuously between general elections, only to be removed by the council.

The solicitor must be an attorney at law in good standing, a member of the bar of the State of Raritan who shall have practiced law in the state for at least three (3) weeks.

In the event of a vacancy in said office, the city shall call upon the District Attorney to provide legal counsel.

The solicitor may appoint deputies to act as city solicitor in their absence, and shall be the chief legal advisor and attorney for the city and all departments and agencies in the matters relating to their official powers and duties.

The solicitor will give all advice in writing, when so requested, to the mayor, city council or any department head, and prosecute or defend all suits or cases to which the city or any agency of the city may be a party.

The solicitor will draft mayoral orders when so instructed by the mayor to ensure they are lawful.

#### SECTION 603. - City Sergeant.
The mayor shall appoint, subject to the approval of the city council, a city sergeant who shall serve at the pleasure of the mayor. The city sergeant shall act as the bailiff to the municipal court and liaise with the Orville Police Department on matters of security pertaining to public events and city property.

The city sergeant shall be a certified member of the Raritan Law Enforcement Training Academy, and have good standing within the Orville Police Department.

### ART VII. - City Departments.
#### SECTION 701. - Orville Police Department.
There shall be a police department, the head of which shall be the chief of police, who shall be a certified member of the Raritan Law Enforcement Training Academy, and have good standing within the Orville Police Department.

The chief of police shall be appointed by the mayor, subject to the approval of the city council. The chief shall:
- Be responsible for the administration and discipline of the police department.
- Be charged with and responsible for the enforcement of city ordinances, state law and the rules and regulations of the police department.
- Have authority to appoint, remove, organize and control the officers and employees of the police department.
- Have authority to make all rules and regulations necessary for the efficiency, management and direction of the police department.

### ART VIII. - General Provisions.
#### SECTION 801. - General provisions for departments.
It shall be the responsibility of the mayor to ensure all those recommended for appointment are qualified to hold such office, and to ensure they remain qualified throughout their tenure.

It shall be the responsibility of department heads to ensure all those in their department are qualified to hold such office, and to ensure they remain qualified throughout their tenure.

#### SECTION 802. - Open government.
All meetings of the council shall remain open to the public; provided, however, that any such public attendance remains respectful and does not interrupt the council. Under this section the council may move to remove people, or the entire audience, via the city sergeant in order to maintain the decorum of the council.

#### SECTION 803. - Prohibited activities and conflicts of interest.
No employee of the city may engage in political activities during their working hours, and are required to go on leave whilst running for any elected public office.

No officer or employee of the city shall use city property for any partisan political purposes, except during authorized town hall hustings or political debates.

### ART IX. - Charter Amendment.
#### SECTION 901. - Charter amendments.
Amendments to this Charter shall be proposed only by the city council, to be transmitted to the State Assembly in the form of a bill as required by state law.

## PART II. MISCELLANEOUS PROVISIONS

### ART X. - Public Gatherings.
#### SECTION 1001. - Marches, demonstrations and protests.
No persons in a group of more than ten (10) people may gather in the city to demonstrate or protest, without the written authority of the mayor and the police department being notified.

#### SECTION 1002. - Obstruction of public property.
No person shall obstruct a public highway, sidewalk, park or building.

#### SECTION 1003. - Penalties
Any person in violation of offenses proscribed in Article X shall be fined as follows:
- First offense - fifty dollars ($50.00)
- Second and any subsequent offenses - one-hundred dollars ($100.00)

### ART XI. - Powers of the Municipal Court.
#### SECTION 1101. - Warrants of the municipal court.
All warrants issued by any judge of the municipal court and placed in the hands of the city sergeant or any peace officer, shall be carried out within three (3) days from the date thereof.

#### SECTION 1102. - Powers of the municipal court.
According to state law, the municipal court shall have the power to impose fines not exceeding $2,500.00 on defendants found guilty of violating city ordinances, but shall generally follow the prescribed guidelines for fines found in this Charter. The court shall only imprison those for a maximum of three (3) days for failure to pay a fine.

All fines incurred shall be paid by any defendant to the court immediately, unless otherwise given a period of grace by the court.

#### SECTION 1103. - Scheduling of municipal court sessions.
The judges of the municipal court are authorized to schedule hearings at any times suitable to their working hours.

#### SECTION 1104. - Appeals to and from the municipal court.
The municipal court for the purposes of the Raritan criminal justice system is a trial and appellate court, and may hear appeals against motor vehicle offenses, and any other offenses created by city ordinance, originating inside the city. These cases may not be appealed to any superior court, except the supreme court in cases of constitutionality.

Cases heard by the municipal court as the court of first instance may be appealed to the Appellate Court of Gable County.

### ART XII. - Fire Prevention and Code.
#### SECTION 1201. - Obstructing fire escapes, passageways, doors or windows.
No person shall place, deposit or cause obstruction to any fire escapes, stairwells, passageways, doors or windows which could reasonably be assumed to be a fire exit from a nearby building.

#### SECTION 1202. - Building height limits; fire measures.
The city shall not allow for any building without special exemption above three floors in height to be built without a fire escape.

#### SECTION 1203. Fire hydrants.
No person may block the sight of, use or park near a fire hydrant.

#### SECTION 1204. - Motor fuel dispensing stations.
All fuel dispensing stations shall be subject to checks by the city fire liaison officer to ensure they comply with state law.

#### SECTION 1205. Violations.
Any person in violation of the offenses proscribed in Article XII shall be fined as follows:
- Offenses under section 1201
- First and any subsequent offense - one-hundred dollars ($100.00)
- Offenses under section 1203
- First and any subsequent offense - one-hundred dollars ($100.00)

### ART XIII. - Motor Vehicles and Traffic.
#### SECTION 1301. - Penalties for parking violations.
Parking to obstruct traffic or a bus stop
- $30.00 Citation.

Parking fully on a sidewalk
- $50.00 Citation.

Parking to obstruct a junction or entrance
$75.00 Citation.

Parking on a red curb
$100.00 - Citation.

#### SECTION 1302. - Penalties for motor vehicle violations.
Sounding horn excessively
$25.00 Citation.

### ART XIV. - Other Offenses.
#### SECTION 1401. [Reserved for future city ordinances].

### ART XV. - City Ordinances.
> All legal city ordinances shall be recorded here.
#### SECTION 1501. [Reserved for future city ordinances].