Home Rule Charter Amendment

Article four states that the electors of the city of Fargo maintain the right to initiate ordinances that comply with the powers vested in the city. If the governing body does not enact a proposed ordinance, article four states that the proposal shall then be submitted to the voters for approval or rejection. Article four also states that if the governing body fails to repeal the referred ordinance, the ordinance will be suspended until the voters approve or reject the ordinance.

The proposed amendment states that Article four should be amended to allow initiated ordinances approved by voters have the opportunity to be repealed or amended by a two-thirds majority of Fargo City Commissioners within the first year of the effective date of the onset of the ordinance and by simple majority thereafter.

What does this mean?

If this were passed, it would limit the power of city commissioners to a certain degree. Voting yes for this means you want ordinances approved by a city-wide vote to only have the opportunity to be changed by another city-wide vote. In other words, the voice of the city cannot be overshadowed or changed by a vote of the city commissioners.

Click here to view the HOME RULE CHARTER FOR THE CITY OF FARGO, NORTH DAKOTA

Initiated Ordinance

Shall an initiated ordinance relating to prohibiting smoking in public indoor workplaces in the City of Fargo including all bars, truck stops and certain places of public assessrented for private functions, all as published in The Forum on the 26th day of May, 2008, be adopted?

What does it mean?

This is the heart of the ballot. Would Fargo like a total smoking ban similar to what exists currently in the state of Minnesota where it is illegal to smoke in any public setting, including bars. If this ordinance gets a majority of “yes” votes, smoking in Fargo would be forbidden in any public workplace.

Referred Ordinance

Shall ordinance number 4639 relating to prohibiting smoking in public indoor workplaces in the City of Fargo except for an all-enclosed bar area which prohibits entry of customers under the age of 21; in designated areas of truck stops restricted for use of professional drivers and their adult companions only; and in J.T. Cigarro Tobacco Bar, all as published in The Forum on the 26th day of May, 2008, be adopted?

This ordinance was an initiated ordinance, approved by the Fargo Board of City Commissioners, and subsequently referred to a vote of the voters.

What does it mean?

Voting yes on this measure would keep the current smoking ban in place. Right now in Fargo, smoking in restaurants, bars and other public places can only take place in an all-enclosed bar area that grants access only to those 21 and older. Ordinance 4639 outlines the same smoking ban the city has been operating with for several years now. If this ordinance gets a majority of “yes” votes, the smoking ban will stay as is.