§ 14-14-908 — Emergency ordinances or amendments

(a) Generally. An emergency ordinance or emergency amendments to existing ordinances may be introduced in the manner provided by law for the introduction of ordinances. An emergency ordinance may be enacted only to meet public emergencies affecting life, health, safety, or the property of people. (b) Limitations. An emergency ordinance or amendment shall not levy taxes, impose special property tax assessments, impose or change a service rate, or be enacted on any franchise or special privilege creating any vested right or interest or alienating any property. Every extension, enlargement, grant, or conveyance of franchise or any rights, property, easements, lease, or occupation of, or in, any road, street, alley, or any part thereof in real property or interest in real property owned by a county government exceeding in value three hundred dollars ($300), whether it be by ordinance or otherwise, shall be subject to referendum and shall not be subject to emergency enactment. (c) Declaration of Emergency. An emergency ordinance must contain a declaration that an emergency exists and define the emergency. All emergency ordinances shall be designated "emergency ordinance". (d) Readings and Publication. An emergency measure does not require separate readings or publication prior to passage. However, publication shall be initiated within seven (7) calendar days, excepting holidays, after approval of the emergency measure by the county judge. (e) Voting Requirements. The passage of emergency ordinances or emergency amendments to existing ordinances shall require a two-thirds vote of the whole number of justices comprising a quorum court. On the passage of every emergency measure, the yeas and nays shall be called and recorded in the minutes of the meeting. (f) Effective Date. An emergency ordinance or emergency amendment to an existing ordinance is effective immediately upon passage by the quorum court and approval by the county judge.

Legislative History

Acts 1977, No. 742, § 88; 1979, No. 413, § 22; A.S.A. 1947, § 17-4005.