7-5-137. Effect of repeal or enactment of ordinance by initiative or referendum. If an ordinance is repealed or enacted pursuant to a proposal initiated by the electors of a local government, the governing body may not for 2 years reenact or repeal the ordinance. If during the 2-year period the governing body enacts an ordinance similar to the one repealed pursuant to a referendum of the electors, a suit may be brought to determine whether the new ordinance is a reenactment without material change of the repealed ordinance. This section shall not prevent exercise of the initiative at any time to procure a reenactment of an ordinance repealed pursuant to referendum of the electors.
History: En. 47A-3-106 by Sec. 9, Ch. 477, L. 1977; R.C.M. 1947, 47A-3-106(6)(d).
Structure Montana Code Annotated
Chapter 5. General Operation and Conduct of Business
Part 1. Local Government Ordinances, Resolutions, and Initiatives and Referendums
7-5-102. Construction of certain sections
7-5-103. Ordinance requirements
7-5-105. Effective date of ordinance
7-5-106. Ordinance veto procedure
7-5-107. Register of ordinances and codification
7-5-108. Adoption and amendment of codes by reference
7-5-109. Penalty for violation of ordinance
7-5-110. through 7-5-120 reserved
7-5-121. Resolution requirements
7-5-122. Resolution veto procedure
7-5-123. Effective date of resolutions
7-5-124. through 7-5-130 reserved
7-5-131. Right of initiative and referendum
7-5-132. Procedure for initiative or referendum election
7-5-133. Processing of petition
7-5-134. Signatures -- submission for approval -- statement of purpose and implication
7-5-135. Suit to determine validity and constitutionality of petition and proposed action
7-5-137. Effect of repeal or enactment of ordinance by initiative or referendum