The Vermont Statutes Online
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Title 24 Appendix : Municipal Charters
Chapter 107 : Town of Brattleboro
Subchapter 003 : Powers of the People
(Cite as: 24 App. V.S.A. ch. 107, § 3.02)-
§ 3.2. Initiative
The voters of the Town shall have the power to:
(1) Petition for inclusion in the warning of an article to reflect public sentiment and to be advisory only.
(A) Such petition, stating that it is advisory only, shall be signed by at least five percent of the voters of the Town. If it is desired that the article be acted upon by all voters of the Town by Australian ballot, the petition shall so state. If the petition is silent as to being acted upon by the voters of the Town at a General Town Meeting, said article shall be acted upon by the Representative Town Meeting as an advisory vote.
(B) The Selectboard or the school directors, upon receipt of such petition requesting an article to reflect public sentiment to be voted upon by all voters of the Town, shall place the article on the warning for the next General Town Meeting; otherwise, the Selectboard or the school directors shall place it on the warning for the next annual Representative Town Meeting. Neither body shall deny the petition or refuse to place it on the warning on grounds that the body considers the matters raised in the petition frivolous or not to be the business of the Town.
(C) [Repealed.]
(D) An initiative defeated in two consecutive years shall not be placed on the warning for three years thereafter.
(E) For the purposes of this section, “article” shall include any nonbinding question relating to domestic, regional, statewide, national, or international concerns, whether constituting the “business to be transacted” at any election or not.
(F) No petition shall be rejected for inclusion in the warning for any reason other than insufficient signatures.
(2) Petition for inclusion in the warning of an article to adopt an ordinance.
(A) Such petition shall be signed by at least 10 percent of the voters of the Town and shall state that it is to be binding.
(B) The Selectboard or school directors, upon receipt of such petition, shall place the article on the warning for the next representative Town or Town School District meeting.
(C) If the date of the next representative Town or Town School District meeting falls within 60 days after receipt of the petition, and if the petition is presented within sufficient time to be legally warned for the meeting, it shall be included as an article on the warning for that meeting. Otherwise, a special Representative Town or Town School District meeting shall be called within 60 days after receipt of the petition.
(D) A binding initiative article passed by the Representative Town Meeting shall be acted upon by all voters of the Town by Australian ballot, no later than the next townwide election or via a called special General Town or Town School District meeting within 60 days following passage of the binding initiative, whichever comes first.
(E) An initiative approved under the provisions of this subdivision (2) shall be considered in all respects as if it had been adopted by the Selectboard or school directors.
(3) Petition to bring to a vote of the Town a proposed amendment to the Town Plan, zoning bylaws, or subdivision regulations.
(A) The petition shall be signed by at least 10 percent of the voters of the Town and shall state that it is binding.
(B) The Planning Commission, having received an amendment proposed by petition, shall promptly call a hearing and make a review of the same. In accord with State law, the Planning Commission shall then submit the proposal to the Selectboard.
(C) The Selectboard shall hold a hearing on the proposed amendment within 60 days of receiving the same, and shall then warn a vote by Australian ballot on the proposed amendment.
(D) If the date of the annual General Town Meeting falls within 60 days after the Selectboard hearing, the article relating to the proposed amendment shall be included as an article on the warning for that meeting. Otherwise, a special General Town Meeting of the voters shall be held within 60 days after the Selectboard hearing. (Amended 2003, No. M-6, § 2; 2007, No. M-10, § 2, eff. April 23, 2007; 2011, No. M-10 (Adj. Sess.), § 2, eff. April 27, 2012.)
