9140-9147
ELECTIONS CODE
SECTION 9140-9147
9140. The board of supervisors may submit to the voters, without a
petition, an ordinance for the repeal, amendment, or enactment of any
ordinance. The ordinance shall be voted upon at any succeeding
regular or special election and, if it receives a majority of the
votes cast, the ordinance shall be repealed, amended, or enacted
accordingly.
9141. (a) Except an ordinance granting a franchise, the following
ordinances shall take effect immediately:
(1) Those calling or otherwise relating to an election.
(2) Those specifically required by law to take immediate effect.
(3) Those fixing the amount of money to be raised by taxation or
the rate of taxes to be levied.
(4) Those for the immediate preservation of the public peace,
health, or safety. The ordinances referred to in this subdivision
shall contain a declaration of the facts constituting the necessity
and shall be passed by a four-fifths vote of the board of
supervisors.
(b) All other ordinances, including ordinances granting a
franchise, shall become effective 30 days from and after the date of
final passage.
9142. (a) Notwithstanding Section 9141, ordinances authorizing the
issuance of revenue bonds by a county as part of a joint powers
entity pursuant to Section 6547 of the Government Code shall not take
effect for 60 days.
(b) When the number of votes cast for all candidates for Governor
at the last gubernatorial election within the boundaries of the
county 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 county 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 county 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 county for all candidates for Governor at the last
gubernatorial election.
(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)
authorize the issuance of revenue bonds by the joint powers entity
in the amount of $____ pursuant to ordinance number ____, dated ____,
the bonds to be used for the following purposes and to be redeemed
in the following manner: ________ "
9143. Notwithstanding Section 9141, that portion of any ordinance
that changes supervisorial salaries shall become effective 60 days
from the date of its final passage.
9144. If a petition protesting the adoption of an ordinance is
presented to the board of supervisors prior to the effective date of
the ordinance, the ordinance shall be suspended and the supervisors
shall reconsider the ordinance. The petition shall be signed by
voters of the county equal in number to at least 10 percent of the
entire vote cast within the county for all candidates for Governor at
the last gubernatorial election.
9145. If the board of supervisors does not entirely repeal the
ordinance against which a petition is filed, the board shall submit
the ordinance to the voters either at the next regularly scheduled
county election occurring not less than 88 days after the date of the
order, or at a special election called for that purpose not less
than 88 days after the date of the order. The ordinance shall not
become effective unless and until a majority of the voters voting on
the ordinance vote in favor of it.
9146. The provisions of this code relating to the form of
petitions, the duties of the county elections official, and the
manner of holding elections, when an ordinance is proposed by
initiative petition, govern the procedure on ordinances against which
a protest is filed.
9147. (a) The heading of a proposed referendum measure shall be in
substantially the following form:
Referendum Against an Ordinance Passed by the Board of
Supervisors.
(b) Each section of the referendum petition shall contain the
title and text of the ordinance or the portion of the ordinance which
is the subject of the referendum.