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CODE OF ORDINANCES

CITY OF FAYETTE, ALABAMA

Supplement Service commencing with Supplement Number 6, by: JOBNAME: No Job Name PAGE: 4 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

OFFICIALS

of the

CITY OF FAYETTE, ALABAMA

Guthrie J. Smith Mayor

Harvey Campbell James H. Gullet Clyde Langston Joe Meherg Herbert M. Newell Councilmen

Patricia Durr City Clerk

Louis Moore City Attorney

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PREFACE

This volume contains the Code of Ordinances for the City of Fayette, Alabama, and represents a complete revision and codification of the ordinances and resolutions of a general and permanent nature which were deemed advisable to be included herein.

This Code of Ordinances supersedes all ordinances and resolutions not included herein or which have been expressly saved from repeal by the adopting ordinance. Only ordinances and resolutions of a general and perma- nent nature which affect the citizens of Fayette as a whole have been codified in this volume. Special ordinances which relate to specific matters such as providing for bond issues, ordinances levying special assessments and gener- ally those laws and ordinances which affect only a particular segment of the population of the city are not included herein.

Organization and Format

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together have been included. The reader's attention is directed to the history and footnotes of the sections, appearing at the end of each section in parentheses which denote the source of the specific section and pertinent references to the Code of Alabama. By use of the Code Comparative Table appearing in the back of the volume, ordinances commenc- ing with Ord. No. 1985-01 of Supplement No. 6 can be readily found in the Code.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the fourth section of Chapter 13 is 13-4. Under this system each section is identified with its chapter and, at the same time, new sections or even whole chapters can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2 and 4-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New

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articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

An index of the Code appears at the end of this volume. Many items may appear more than once in the index, thus providing the user with a convenient cross-referencing system.

Supplements

The format of this Code is designed to maintain a current set of laws for the city. In order to facilitate the periodic updating of this document, two features have been provided. First, the Code is bound in a loose-leaf binder to permit the easy removal of amended portions and the addition and replacement of new provisions. Second, the page numbering system provides for a twenty- page spread between the chapters to make the addition of new pages relatively simple.

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ADOPTING ORDINANCE

Ordinance Number ______

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Fayette, Alabama; Establish ing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing for the Effective Date of Such Code and a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When This Ordinance Shall Become Effective.

Be it ordained by the city council of the City of Fayette, Alabama:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 16, each inclusive, is hereby adopted and enacted as the "Code of Ordinances for the City of Fayette, Alabama," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the city council on or before March 31, 1977, to the extent provided in section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the ____ day of ______, ______, and all ordinances of a general and permanent nature enacted on final passage on or before the 31st day of March, 1977, and not included in such Code or recognized and continued in force by reference thereto are hereby repealed from and after the ____ day of ______, ______.

Section 3. The repeal provided for in section 2 of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before ______, ______; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issue of any bonds, including revenue certificates, of said city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; nor shall such repeal affect the administrative ordinances or resolutions of the city not in conflict or inconsistent with the provisions of such Code; nor shall it affect any right or franchise conferred by any ordinance or resolution of the city on any person or corporation; nor shall it affect any prosecution, suit or other proceeding pending or any judgment rendered on or prior to ______, ______. Such repeal shall not be construed to revive any ordinance or part of an ordinance which has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to

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be unlawful and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine of not more than five hundred ($500.00) dollars, or confinement in the city jail or to hard labor for the city for a period not exceeding six (6) months or by both the fine and imprisonment, as provided in section 1-8 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the city council to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances for the City of Fayette, Alabama," shall be understood and intended to include such additions and amendments.

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance and section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section of the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the city clerk preserved in loose-leaf form, or in such other form as the city clerk may consider most expedient. It shall be the express duty of the city clerk, or someone authorized by the city clerk, to insert in their designated places all amendements or ordinances which indicate the intention of the city council to make the same a part of such Code when the same have been printed or reprinted in page form and to extract from such Code all provisions which may be, from time to time, repealed by the city council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Fayette, Alabama, to be misrepresented thereby. Any person violating this section shall be punished as provided in section 4 of this ordinance.

Section 9. All ordinances or parts of ordinances in conflict herewith, are, to the extent of such conflict, hereby repealed.

Section 10. This ordinance shall become effective on the ______day of ______, ______.

PASSED AND APPROVED THIS ____ day of ______, ____. (SEAL)

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______Guthrie J. Smith Mayor ATTEST:

______Gary D. Bowling City Clerk

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TABLE OF CONTENTS Page Officials of the City ...... ii Preface ...... iii Adopting Ordinance ...... v Checklist of Up-to-Date Pages ...... [1] Supplement History Table ...... SH:1

Chapter 1. General Provisions...... 1 2. Administration ...... 26 Art. I. Governing Body Meetings and Procedure ...... 30 Art. II. Mayor ...... 34 Art. III. City Council ...... 35 Art. IV. Officers ...... 38 Div. 1. Officers of the City ...... 38 Div. 2. City Clerk—Treasurer...... 38 Div. 3. City Attorney ...... 41 Art. V. Committees, Commissions, Boards and Author- ities ...... 42 Div. 1. In General ...... 42 Div. 2. City Planning Commission ...... 42 Div. 3. West Alabama Planning and Development Council ...... 44 Div. 4. Reserved ...... 48 Div. 5. Fayette County Community Action Commit- tee...... 48 Div. 6. Fayette Art-Museum Board...... 50 Div. 7. Special Committees; Housing Authority . . . 51 Div. 8. Industrial Development Board ...... 51 Div. 9. Municipal Housing Code Abatement Board 51.2 Div. 10. City Tree Board ...... 51.4 Div. 11. Historic Preservation Commission...... 51.5 Art. VI. Employees ...... 51.19 Div. 1. Social Security...... 51.19 Div. 2. Building and Electrical Inspectors, Police and Fire Fighters ...... 53 Div. 3. Personnel System...... 55.2 Div. 4. Drug-Free Workplace Policy ...... 56.1 3. Animals and Fowl ...... 75 Art. I. Bird Sanctuary ...... 76.1 Art. II. Animals—Prohibited Acts ...... 77 Art. III. Dog and Cat Regulations...... 79 Art. IV. Animals and Fowl Running at Large ...... 83 Div. 1. Animals Running at Large ...... 83 Div. 2. Fowl Running at Large...... 84

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TABLE OF CONTENTS—Cont’d.

Chapter Page Art. V. Dangerous Animals and Prohibited Animals . . . 88 Div. 1. Dangerous Animals ...... 88 Div. 2. Prohibited Animals ...... 96 3A. Alcoholic Beverages ...... 101 Art. I. Achoholic Beverage Control ...... 102 Div. 1. Generally ...... 102 Div. 2. License ...... 108.10 Div. 3. Effective Date...... 108.19 4. Building Codes and Franchises ...... 109 Art. I. Building Codes Adopted ...... 110 Art. II. Franchise to Gas Board...... 112 Art. III. West Alabama TV Cable Company ...... 114 Art. IV. Flood Damage Prevention ...... 117 Art. V. Flood Damage Prevention—Non-Coastal/River- ine Communities ...... 131 Div. 1. Statutory Authorization, Findings of Fact, Purpose and Objectives ...... 131 Div. 2. General Provisions ...... 132 Div. 3. Administration...... 134 Div. 4. Provisions for Flood Hazard Reduction. . . . . 134.2 Div. 5. Variance Procedures ...... 134.7 Div. 6. Definitions...... 134.9 5. Civil Emergency ...... 135 Art. I. Civil Defense ...... 135 Art. II. Parades and Demonstrations...... 140 6. Elections...... 159 7. Fire Prevention...... 182 8. Garbage, Weeds and Litter ...... 205 Art. I. Reserved ...... 206 Art. II. Refuse and Waste Collection and Removal . . . . 206 Art. III. Litter...... 216 Div. 1. Anti-Litter Regulations...... 216 Div. 2. Reserved ...... 223 9. Health and Sanitation ...... 246 Art. I. Quarantine ...... 247 Art. II. Health Nuisances ...... 251 Art. III. Meat and Milk Regulations ...... 254 10. Licenses and Taxation ...... 277 Art. I. Schedule of Licenses and Fees ...... 279 Art. II. Gasoline Tax...... 299 Art. III. Tobacco Tax ...... 304 Art. IV. Privilege and Excise Taxes ...... 310 Art. V. Property Tax ...... 321 Art. VI. Rental Tax ...... 323

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TABLE OF CONTENTS—Cont’d.

Chapter Page 11. Offenses and Miscellaneous Provisions ...... 345 Art. I. In General...... 349 Art. II. Misdemeanors Involving Private, Personal and Public Property ...... 363 Art. III. Reserved...... 364 Art. IV. Explosives, Firearms and Fireworks...... 370 Art. V. Massage Parlors ...... 382 Art. VI. Authority of Police...... 388 Art. VI1/2. Abandoned, Lost or Stolen Property...... 391 Art. VII. Public Dances ...... 392.1 Art. VIII. Boxing and Wrestling ...... 394 Art. IX. Nuisances...... 395 Div. 1. Generally ...... 395 Div. 2. Abatement of Nuisance Caused by Growth of Weeds and Accumulation of Litter ...... 398 Div. 3. Abatement of Nuisances Except Those Aris- ing From the Growth of Weeds or Accumu- lation of Litter...... 399 Art. X. Detective Agencies...... 399.3 Art. XI. Use of Tobacco in City Buildings, Vehicles, and Parks ...... 403 12. Municipal Court ...... 423 13. Reserved...... 447 14. Streets and Sidewalks ...... 471 15. Traffic and Motor Vehicles...... 495 Art. I. Motor Vehicles ...... 495 Div. 1. Rules and Regulations ...... 497 Div. 2. Parking and Stopping ...... 503 Div. 3. Motorcycle Regulations...... 508 Div. 4. Abandoned Vehicles ...... 510 Div. 5. Speed Regulations ...... 513 Div. 6. Truck Regulations ...... 516 Art. II. Taxicabs and Ambulances...... 516.1 Art. III. Guthrie J. Smith Park ...... 522 Art. IV. Parking for Physically Handicapped...... 523 16. Water and Sewers ...... 561 Art. I. Water Works Board ...... 562.1 Art. II. Sewers ...... 563.1 Div. 1. Generally ...... 563.1 Div. 2. Building Sewer Connections ...... 568 Div. 3. Prohibited and Restricted Discharges; Treat- ment...... 570 Div. 4. Extending of Public Sanitary Sewer ...... 575 Div. 5. User Charge System ...... 576 Div. 6. Holding Tanks...... 578.1 17. Zoning ...... 585

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TABLE OF CONTENTS—Cont’d.

Page Appendix ...... 590 Code Comparative Table ...... 631 Code Index ...... 640 Code Revision Table ...... 666

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SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Included." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omitted." In addition, by adding to this table with each supplement, users of this Code will be able to gain a more complete picture of the Code's historical evolution. Ordinance Date Included/ Supplement Number Adopted Omitted Number 2010-04 6-29-10 Included 19 2010-05 7-24-10 Included 19 2010-06 8-24-10 Included 19 2010-07 9-28-10 Included 19 2010-08 10-22-10 Included 19 2010-09 11- 9-10 Included 19 2011-01 1-24-11 Included 20 2011-02 2-22-11 Included 20 2011-03 4-28-11 Included 20 2011-04 8-23-11 Included 20

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CHAPTER 1

GENERAL PROVISIONS

§ 1-1 Code - Designation and Citation § 1-2 Code - Definitions and Rules § 1-3 Code - Catchlines of Sections § 1-4 Code - Severability of Parts § 1-5 Code - Altering § 1-6 Code - Amending Procedure § 1-7 Ordinances - Effect of Repeal § 1-8 General Penalty - Continuing Violations

§ 1-1 Code - Designation and Citation The ordinances embraced in the following chapters and sections shall constitute and be designated and cited as the "Code of Ordinances for the City of Fayette, Alabama." Such Code may also be cited as the "Code of Fayette, Alabama," or the "Fayette Code." (For authority of cities and towns to codify and revise ordinances and to adopt a code, see: Code of Alabama, tit. 37 § 461.)

§ 1-2 Code - Definitions and Rules In the construction of this Code, and of all ordinances and resolutions adopted by the city council of Fayette, Alabama, the following definitions and rules shall be observed, unless the context clearly indicates otherwise:

Alabama Code or Code of Alabama - Shall refer to the Code of Alabama of 1940, as recompiled 1958, or the latest subsequent code of the state. Bond - When a bond is required, an undertaking in writing shall be sufficient.

City - The word "city" shall mean the City of Fayette, in the County of Fayette, in the State of Alabama. City Council - The words "city council," "the council," or "council" shall mean the city council of the City of Fayette, Alabama. Code - The words "this Code" or "the Code" shall mean the "Code of Ordinances for the City of Fayette, Alabama." Computation of Time - The time in which an act is to be done shall be computed by excluding the first day and including the last day, and, if the last day be a Sunday or legal holiday, that shall be excluded. (For legal holidays, see: Code of Alabama, tit. 39 § 184.)

County - The words "the county" or "this county" shall mean the County of Fayette, Alabama. Gender - Words used in the masculine gender include the feminine and neuter.

May - The word "may" is permissive.

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§ 1-2 § 1-4

Month - The word "month" shall mean a calendar month.

Number - The singular includes the plural, and the plural includes the singular number.

Oath - Shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" or "affirmed."

Person - The word "person" includes a corporation, a firm or partnership, as well as a natural person.

Personal Property - Includes every species of property except real property.

Property - The word "property," includes real and personal property.

Real Property - Includes lands, tenements and hereditaments.

Police Jurisdiction - Shall mean the territorial jurisdiction of the city outside its corporate limits. (For definition of police jurisdiction, see: Code of Alabama, tit. 37, § 9.)

Signature or Subscription - The words "signature" or "subscription" includes a mark when the person cannot write.

Shall - The word "shall" is mandatory.

State - The words "the state" or "this state" shall be construed to mean the State of Alabama.

Tense - Words used in this Code in the past or present tense, include the future as well as the past and present.

Year - The word "year" means a calendar year.

Writing or Written - The words "writing" or "written" includes printing on paper, typewrit- ing and any other means of representing words and letters.

§ 1-3 Code - Catchlines of Sections

The catchlines of the sections of this Code are intended as catchwords to indicate the contents of the section and shall not be deemed or taken to be the titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

§ 1-4 Code - Severability of Parts

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitu- tional, unenforceable or invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, unenforceability or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

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§ 1-5 § 1-8

§ 1-5 Code Altering

It shall be unlawful to change or amend by addition or deletion, any part or portion of this Code, or to insert or delete pages, or portions thereof, or to alter or tamper with this Code in any manner which will cause the law of the city to be misrepresented thereby.

§ 1-6 Code - Amending Procedure

The procedure for amending this Code shall be as follows:

a. All ordinances passed subsequent to this Code, which amend, repeal or in any way affect this Code, shall be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed, or omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time as the Code and subsequent ordinances omitted are readopted as a new Code by the city council.

b. Amendments to any of the provisions of this Code may be made by specific reference to the section number of this Code in the following language: "That section ______of the Code of Ordinances, City of Fayette, Alabama, is hereby amended to read as follows: ...... " The new provisions may then be set out in full as desired.

c. In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "The Code of Ordinances for the City of Fayette, Alabama, is hereby amended by adding a section (or article or chapter) to be numbered ______, which section reads as follows: ...... " The new provision shall then be set out in full as desired.

d. All sections, chapters, or provisions sought to be repealed must be specifically repealed by section, chapter or provision number, as the case may be.

§ 1-7 Ordinances - Effect of Repeal

The repeal of an ordinance shall not revive any repealed ordinance. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed or cause of action arising under the ordinance repealed.

§ 1-8 General Penalty - Continuing Violations

Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided for, the violation of any such provision of this Code or any such ordinance shall be punishable by a fine of not more than five hundred ($500.00) dollars or by

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§ 1-8 § 1-8

imprisonment or hard labor not exceeding six (6) months, one or both. Each day's violation of this Code or of any ordinance shall constitute a separate offense. (For authority of a city to enforce obedience to ordinances, see: Code of Alabama, § 11-45-1.)

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Chapter 2

ADMINISTRATION

ARTICLE I. GOVERNING BODY MEETINGS AND PROCEDURE § 2-1. Mayor and council; governing body. § 2-2. Regular meetings. § 2-3. Special meetings. § 2-4. Quorum. § 2-5. Time and place. § 2-6. Rules of procedure. § 2-7. Robert's Rules of Order adopted.

ARTICLE II. MAYOR § 2-8. In general. § 2-9. Chief executive of city. § 2-10. Represent city. § 2-11. Authority. § 2-12. Duties. § 2-13. Approve bonds of officers. § 2-14. Authority to appoint, remove employees. § 2-14.1. Authority to appoint and remove certain employees upon obtaining consent of the council. § 2-15. Preside at meetings of council. § 2-16. Salary.

ARTICLE III. CITY COUNCIL § 2-17. Member of council. § 2-18. Composition. § 2-19. Regular meetings. § 2-20. Special meetings. § 2-21. Presiding officer at meetings. § 2-22. Vacancy. § 2-23. Election of officers. § 2-24. Removal of officers. § 2-25. Exclusion in voting. § 2-26. City council, officers—Disinterest in municipal contracts. § 2-27. Salary. § 2-27.1. [Approval for city employment.]

ARTICLE IV. OFFICERS

DIVISION 1. OFFICERS OF THE CITY § 2-28. Officers—Term of office. § 2-29. Reserved. § 2-30. Other officers to be elected.

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ADMINISTRATION

§ 2-31. Officers—File statement of collections with clerk.

DIVISION 2. CITY CLERK—TREASURER § 2-32. City clerk—Election. § 2-33. Same—Duties. § 2-34. Same—Record ordinances. § 2-35. Same—Publication of ordinances. § 2-36. Same—Keep records. § 2-37. Same—Custodian of records and seal. § 2-38. Same—Furnish certified copies. § 2-39. Same—Bond and salary. § 2-40. Treasurer—Election. § 2-41. Same—Duties. § 2-42. Same—Payment of warrants. § 2-43. Same—Reports to council. § 2-44. Books open to inspection.

DIVISION 3. CITY ATTORNEY § 2-45. Duties. § 2-46. Compensation.

ARTICLE V. COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITIES

DIVISION 1. IN GENERAL § 2-47. Standing committees. § 2-48. Other committees.

DIVISION 2. CITY PLANNING COMMISSION § 2-49. Creation, composition, terms of office. § 2-50. Powers and duties. § 2-51. Publication of parts of plan. § 2-52. Authority of mayor and council.

DIVISION 3. WEST ALABAMA PLANNING AND DEVELOPMENT COUNCIL § 2-53. West Alabama Planning and Development Council established. § 2-54. Membership in council. § 2-55. Representation on council. § 2-56. Purpose and functions of council. § 2-57. Powers of council. § 2-58. Council—Budget and funding. § 2-59. Governing body of council. § 2-60. Council—Office, staff, minutes, reports and voting. § 2-61. Council—Organization. § 2-62. Amendments to resolution.

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ADMINISTRATION

DIVISION 4. RESERVED §§ 2-63—2-66.1. Reserved.

DIVISION 5. FAYETTE COUNTY COMMUNITY ACTION COMMITTEE § 2-67. Designation and authority. § 2-68. Purpose. § 2-69. Sources of assistance available.

DIVISION 6. FAYETTE ART-MUSEUM BOARD § 2-70. Art and Museum Board established. § 2-71. Composition. § 2-72. Responsibility and powers. § 2-73. Control of facilities. § 2-74. Other powers.

DIVISION 7. SPECIAL COMMITTEES; HOUSING AUTHORITY § 2-75. Citizens' Advisory Committee established. § 2-76. Special committee on minority group housing problems established. § 2-77. Housing authority.

DIVISION 8. INDUSTRIAL DEVELOPMENT BOARD § 2-77.1. Purchase of city/county property. § 2-77.2. City conveys property to board.

DIVISION 9. MUNICIPAL HOUSING CODE ABATEMENT BOARD § 2-77.5. Created. § 2-77.6. Composition. § 2-77.7. Power to give notice. § 2-77.8. Request for hearing; determination; action; appeals. § 2-77.9. Demolition, removal costs; assessment.

DIVISION 10. CITY TREE BOARD § 2-77.10. Creation and establishment of a city tree board. § 2-77.11. Term of office. § 2-77.12. Compensation. § 2-77.13. Duties and responsibilities. § 2-77.14. Operation. § 2-77.15. Review of city council.

DIVISION 11. HISTORIC PRESERVATION COMMISSION § 2-77.16. Purpose. § 2-77.17. Definitions. § 2-77.18. Creation of a historic preservation commission. § 2-77.19. Recommendation and designation of historic districts and properties.

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ADMINISTRATION

§ 2-77.20. Application to historic preservation commission for certificate of appropriate- ness. § 2-77.21. Maintenance of historic properties. § 2-77.22. Building and zoning code provisions.

ARTICLE VI. EMPLOYEES

DIVISION 1. SOCIAL SECURITY § 2-78. Policy and purpose. § 2-79. Agreements. § 2-80. Withholdings. § 2-81. Appropriations. § 2-82. Records and reports. § 2-83. Exclusion of persons otherwise covered. § 2-84. Exclusion of certain officials and employees.

DIVISION 2. BUILDING AND ELECTRICAL INSPECTORS, POLICE AND FIRE FIGHTERS § 2-85. Building and electrical inspectors—Appointment. § 2-86. Police and fire fighters—Outside private employment restricted. § 2-87. Police and fire fighters—Additional public employment restricted. § 2-88. Police and fire fighters—Use of identification items restricted. § 2-89. Penalty for violation. § 2-90. Police department—Seven day work period established. § 2-91. Fire fighters—Seven day work period established. § 2-92. Scale for payment of volunteer firemen. § 2-93. Police reserve force. §§ 2-94—2-100. Reserved.

DIVISION 3. PERSONNEL SYSTEM § 2-101. Purpose. § 2-102. Exceptions. § 2-103. Personnel officer. § 2-104. Duties of personnel officer. § 2-105. Preparation of personnel rules and regulations. § 2-106. Payroll verification. § 2-107. Drug and alcohol policy. §§ 2-108—2-110. Reserved.

DIVISION 4. DRUG-FREE WORKPLACE POLICY § 2-111. Cause. § 2-112. Policy. § 2-113. Training for supervisory personnel.

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§ 2-1 ADMINISTRATION § 2-6

ARTICLE I. GOVERNING BODY MEETINGS AND PROCEDURE

§ 2-1. Mayor and council; governing body.

The mayor and the city council shall be the governing body of the city with duties and powers to elect city officers and with authority to approve, adopt and repeal ordinances, regulations and policies which pertain and apply to city administration, business and functions subject to state law. (Ord. No. 1996-16, § 1, 10-7-96) State law reference—Duties, powers and authority of mayor and city council, Code of Alabama, Tit. 37.

§ 2-2. Regular meetings. Regular meetings of the council shall be held on the following dates: the second and fourth Tuesday of each month. (Ord. of 10-4-76, § 2; Ord. No. 1996-16, § 1, 10-7-96; Ord. No. 2004-11, § 1, 10-4-04)

§ 2-3. Special meetings.

Special meetings may be held at the call of the presiding officer by serving notice on each member of the council not less than twenty-four (24) hours before the time set for such special meetings; or special meetings may be held as provided by the Code of Alabama, 1975, whenever two (2) councilmembers making the request shall have the right to call such meeting. Notice of all special meetings shall be posted on a bulletin board accessible to the public at least twenty-four (24) hours prior to such meeting. (Ord. of 10-4-76, § 3; Ord. No. 1996-16, § 1, 10-7-96) State law reference—Provisions relating to calling special meetings, Code of Alabama, Tit. 37, § 430.

§ 2-4. Quorum. A quorum shall be determined as provided by the Code of Alabama. (Ord. of 10-4-76, § 4; Ord. No. 1996-16, § 1, 10-7-96) State law reference—For definition of quorum, see: Code of Alabama, Tit. 37, § 429.

§ 2-5. Time and place. All regular meetings shall convene at 5:00 p.m. at the City Hall and all meetings, regular and special, shall be open to the public. (Ord. of 10-4-76, §§ 5, 12; Ord. No. 1996-16, § 1, 10-7-96)

§ 2-6. Rules of procedure. The rules or order of procedure herein contained shall govern deliberations and meetings of the city council of Fayette, Alabama. Rule 1. At the appointed hour, the mayor shall take the chair, call the council to order, and if a quorum be present, proceed to business.

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§ 2-6 ADMINISTRATION § 2-6

Rule 2. The order of business shall be as follows: (1) A call to order. (2) Roll call. (3) Reading and approval of the minutes of the previous meeting. (4) Public comments. (5) Reports of standing committees. (6) Reports of special committees. (7) Reports of officers. (8) Reading of petitions, applications, complaints, appeals, communications, etc. (9) Auditing accounts. (10) Resolutions, ordinances, orders and other business.

Rule 3. No person, not a member of the council, shall be allowed to address the same while in session without permission of the presiding office.

Rule 4. Every officer, whose duty it is to report at the regular meetings of the council, who shall be in default thereof, may be fined at the discretion of the council.

Rule 5. Motions shall be reduced to writing when required by the presiding officer of the council or any member of the council. All resolutions and ordinances and any amendments thereto shall be in writing.

Rule 6. Motions to reconsider must be by a member who voted with a majority and at the same or next succeeding meeting of the council.

Rule 7. Whenever it shall be required by one or more members, the "yeas" and "nays" shall be recorded and any member may call for a division on any question.

Rule 8. All questions of order shall be decided by the presiding officer of the council with the right to appeal to the council by any member.

Rule 9. The presiding officer of the council may, at his or her discretion, call any member to take the chair, to allow him or her to address the council, make a motion, or discuss any other matter at issue.

Rule 10. Motions to lay any matter on the table shall be first in order, and on all questions, the last amendment, the most distant day, and the largest sum shall be first put.

Rule 11. All meetings of the council shall be open to the public, except when the council meets in executive session as authorized by state law.

Rule 12. The council may meet in executive session only for those purposes authorized by state law. When a councilmember makes a motion to go into executive session for an enumerated purpose, the presiding officer shall put the motion to a vote. If the majority of the council shall vote in favor of the motion to go into executive session, the body

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§ 2-6 ADMINISTRATION § 2-7

shall then move into executive session to discuss the matter for which the executive session was called. No action may be taken in an executive session. When the discussion has been completed, the council shall resume its deliberations in public. Rule 13. A motion for adjournment shall always be in order. Rule 14. The rules of the council may be amended in the same manner as any other ordinance of general and permanent operation. Rule 15. The rules of the council may be temporarily suspended by a vote of two-thirds of the members present. Rule 16. The chairman of each respective committee, or the councilmember acting for him or her, shall submit or make all reports to the council when so requested by the presiding officer or any member of the council. Rule 17. All ordinances, resolutions or propositions submitted to the council which require the expenditure of money shall lie over until the next meeting; provided, that such ordinances, resolutions, or propositions may be considered earlier by unanimous consent of the council; and provided further, that this rule shall not apply to the current expenses of, or contracts previously made with, or regular salaries of officers, or wages of employees of the city. Rule 18. The clerk, engineer, attorney and chief of police, and such other officers or employees of the City of Fayette, shall, when requested, attend all meetings of the council and shall remain in the council room for such length of time as the council may direct. Rule 19. No ordinance or resolution of a permanent nature shall be adopted at the meeting at which it is introduced unless unanimous consent be obtained for the immediate consideration of such ordinance or resolution, such consent shall be by roll call and the vote thereon spread on the minutes. Rule 20. All ordinances, adopted by the council, shall begin with the words, "Be It Ordained By The City Council of Fayette." Rule 21. An agenda shall be prepared for each regular council meeting by the mayor detailing and listing the persons and matters to come before the council at its next meeting. Anyone, including the mayor and council members, desiring to bring a matter before the council, should have the matter placed on the agenda by submitting it to the mayor or his designee on or before noon on the Friday before the meeting. If a matter is not on the agenda, then it shall not be taken up by the council. (Ord. of 10-4-76, §§ 1, 6—11, 13—19, 21; Ord. No. 1996-16, § 1, 10-7-96; Ord. No. 2004-12, § 1, 11-4-04)

§ 2-7. Robert's Rules of Order adopted. Robert's Rules of Order is hereby adopted as the rules of procedure for this council in those situations which cannot be resolved by the rules set out in this article. (Ord. No. 1996-16, § 1, 10-7-96)

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§ 2-8 ADMINISTRATION § 2-14

ARTICLE II - MAYOR

§ 2-8 Mayor In General.

The mayor shall be a qualified elector of the city and a resident thereof for a period not less than one (1) year preceding his qualification for office by registering with the city clerk at least thirty (30) says prior to the general municipal elections. The mayor shall serve a four (4) year term commencing on the first Monday in October following said elections or until such time as a successor is duly elected and installed in office. Upon his absence from the city for three (3) consecutive months without the consent of the council, the mayor may be required to vacate his office. (Cross reference - for election, see: this Code, chap. 6, Elections.)

§ 2-9 Mayor - Chief Executive of City.

The mayor is the chief executive of the City of Fayette, Alabama. (For general powers and duties of the mayor, see: Code of Alabama, tit. 37, chap. 8, art. 5.)

§ 2-10 Mayor - Represent City.

The mayor shall, unless otherwise provided, sign for and in the name of the city, all contracts, deeds and agreements of the city. He shall execute all bonds required in judicial proceedings for and on behalf of the city. (Code of Fayette, 1919, § 46.)

§ 2-11 Mayor - Authority.

The mayor shall have such other powers and perform such other duties in addition to the foregoing, as provided in the Code of Alabama, as amended, and as provided by the council from time to time. (Code of Fayette, 1919, § 47.)

§ 2-12 Mayor - Duties.

It shall be the duty of the mayor to suppress all affrays, riots and unlawful assemblies, and all lewd, indecent and disorderly conduct within the city. (Code of Fayette, 1919, § 35; for powers of the mayor in emergency, see: this Code, chap. 5, Parades and Demonstrations.)

§ 2-13. Approve bonds of officers.

The mayor shall administer oaths to, and approve the bonds of, all officers from whom oaths and bonds are required. (Code of Fayette, 1919, § 44)

§ 2-14. Authority to appoint, remove employees.

The mayor may appoint and hire, and remove and fire all employees of the city whose appointment, hiring or election is not otherwise provided for. (Code of Fayette, 1919, § 43; Ord. No. 2000-13, 1, 9-18-00)

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§ 2-14.1 ADMINISTRATION § 2-17

Sec. 2-14.1. Authority to appoint and remove certain employees upon obtaining consent of the council.

The mayor must obtain the consent of a majority of the council before appointing and hiring and removing and firing the following employees of the City of Fayette: (1) Chief of the fire department;

(2) Street and sanitation superintendent;

(3) Superintendent of waste water treatment;

(4) Superintendent of the city shop;

(5) City electrician; (6) City engineer; (7) All police officers; and (8) All firemen.

Said consent shall be given in the form of a motion, duly seconded and adopted. (Ord. No. 2000-13, § 2, 9-18-00)

§ 2-15. Preside at meetings of council.

The mayor, when present, shall preside at all meetings of the council, and shall preserve order and see that the business of the council is attended to in an orderly manner. (Code of Fayette, 1919, § 45)

§ 2-16. Salary.

The salary for the mayor of the city, for the term commencing October 2, 2000, for the performance of his duties as mayor, is hereby fixed and established at the sum of forty-two thousand dollars ($42,000.00) per annum, payable in equal monthly installments. This is a full-time position. (Ord. of 1-12-72, § 1, Ord. No. 1991-9, § 1, 12-2-91; Ord. No. 1996-01, § 1, 2-19-96; Ord. No. 2000-01, § 1, 2-7-00)

ARTICLE III. CITY COUNCIL

§ 2-17. Member of council.

A member of the council shall be a qualified elector of the city at the time of qualification for election by registering with the city clerk at least thirty (30) days prior to the general municipal elections and shall be elected from the city at large. Cross reference—Election to council, Ch. 6. State law reference—Duties and powers of the city council, Code of Alabama, Tit. 37, Ch. 8, Art. 4.

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§ 2-18 ADMINISTRATION § 2-24

§ 2-18. Composition.

The mayor and five (5) aldermen shall constitute the city council. A majority of the city council, including the mayor, shall constitute a quorum for the transaction of business; but less number, when a quorum is not present, may adjourn a meeting to another day. (Code of Fayette, 1919, § 10)

§ 2-19. Regular meetings.

Regular meetings of the council shall be held on the following dates: The first and third Thursdays of each month, at an hour to be determined by the council. (Ord. of 10-17-78, § 2)

§ 2-20. Special meetings.

Special meetings of the council may be held at any time on the call of the mayor. It shall be the duty of the mayor to call special meetings of the council, at any time, upon the written application of two (2) aldermen; and, upon the failure of the mayor to call a special meeting when so requested, two (2) aldermen shall have the right to call such special meeting. (Code of Fayette, 1919, § 12)

§ 2-21. Presiding officer at meetings.

The mayor shall vote with and preside over the deliberations of the council. In the absence of the mayor, the members of the council present shall elect a temporary chairman to preside over such meeting. Such temporary chairman, when so presiding, shall have all the powers and perform all the duties of the mayor at such meeting. (Code of Fayette, 1919, § 13)

§ 2-22. Vacancy.

When a vacancy occurs in the city council, the remaining members shall elect a person to fill such vacancy by a majority vote of such remaining members, such vote to be recorded on the minutes of the council. (Code of Fayette, 1919, § 14)

§ 2-23. Election of officers.

The council shall, at its first regular meeting after each election, or as soon thereafter as practicable, elect a chief of police, a city clerk, a city treasurer, and a city attorney. The council shall fill any vacancies that may occur in such offices from time to time. (Code of Fayette, 1919, § 15; Ord. No. 1992-05, § 1, 8-3-92; Ord. No. 2000-13, § 3, 9-18-00)

§ 2-24. Removal of officers.

The council may remove any of such officers so elected by it at any time for cause upon a majority of the council voting for such removal. (Code of Fayette, 1919, § 16)

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§ 2-25 ADMINISTRATION § 2-28

§ 2-25. Exclusion in voting.

No member of the council shall vote on any question in which he, or his employer, or employee, has a special financial interest at the time of voting, or was so interested at the time of his election. (Code of Fayette, 1919, § 23)

§ 2-26. City council, officers—Disinterest in municipal contracts.

No member of the council, or other officer of the city, shall, during the time for which he has been elected, be directly or indirectly interested in any work, business or contract, the expenses, price of consideration of which is paid from the city treasury; nor shall any officer of the city be surety for any person having a contract, work or business for the city, for the performance of which a surety is required. (Code of Fayette, 1919, § 24) State law reference—Similar provisions, Code of Alabama, Tit. 37, §§ 416, 452.

§ 2-27. Salary.

The salary of the members of the city council of the city, for the term commencing October 2, 2000, for the performance of their duties as councilmen is hereby fixed and established at the sum of seven thousand two hundred dollars ($7,200.00) per annum, payable in equal monthly installments. (Ord. No. 1991-9, § 2, 12-2-91; Ord. No. 1996-01, § 2, 2-19-96; Ord. No. 2000-01, § 2, 2-7-00)

§ 2-27.1. [Approval for city employment.]

The City of Fayette shall not hire or employ any persons, fill any vacant position or create any new paid position within the government of the City of Fayette without approval of the city council in a regular meeting in the form of an official recorded vote. (Ord. No. 2011-02, § 1, 2-22-11)

ARTICLE IV. OFFICERS

DIVISION 1. OFFICERS OF THE CITY

§ 2-28. Officers—Term of office.

The officers of the city, in addition to the council, shall be as follows: a city clerk, a city treasurer, a chief of police and a city attorney, whose terms of office shall begin immediately upon their election at the first regular meeting of the council after each election for mayor and aldermen. (Code of Fayette, 1919, § 31)

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§ 2-29 ADMINISTRATION § 2-35

§ 2-29. Reserved. Editor’s note—Ord. No. 1994-08, § 1, adopted September 6, 1994 repealed § 2-29 in its entirety. Former § 2-29 pertained to officers of the city being residents and qualified electors of the city and derived from the 1919 Code, § 32.

§ 2-30. Other officers to be elected.

The council may also elect such other officers as it may deem necessary for the good of the city. Said officers shall perform such duties as may be required of them by the council, and shall receive such compensation as may be fixed by the council. (Code of Fayette, 1919, § 33)

§ 2-31. Officers—File statement of collections with clerk.

Every officer, collecting any money for the city, shall file, on the first day of every month in the office of the city clerk, a sworn statement showing the amount collected, for what purposes, from what source collected and the date when the same is paid to the treasurer, and all such reports shall be filed by the clerk. (Code of Fayette, 1919, § 57)

DIVISION 2. CITY CLERK—TREASURER

§ 2-32. City clerk—Election.

The mayor and council shall elect one officer, who shall be designated city clerk, who shall hold officer for a term not to exceed the term of the mayor. (Code of Fayette, 1919, § 49)

§ 2-33 City Clerk - Duties

It shall be the duty of the city clerk to attend all the meetings of the council and, at each meeting, to enter in a well-bound book all the proceedings of the council at such meetings, which book shall be called and labeled, "The Minute Book of the Mayor and Councilmen," and shall, at all reasonable times, be open for inspection. (Code of Fayette, 1919, § 50; for duties of city clerk in general, see: Code of Alabama, tit. 37, § 421, et. seq.)

§ 2-34 City Clerk - Record Ordinances

When any ordinance shall be adopted by the council, the city clerk shall put the appropriate number on it, and shall record it at length in the minute book, and shall preserve the original on file in his office. (Code of Fayette, 1919, § 51; for state law, see: Code of Alabama, tit. 37, § 462.)

§ 2-35 City Clerk - Publication of Ordinances

The city clerk shall, under the supervision of the mayor, have all the public ordinances published as herein directed, and for that purpose he shall, immediately after the final passage

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§ 2-35 ADMINISTRATION § 2-41

of the same, post the same at the mayor's office and the post office and one (1) other public place and, when requested to do so by the mayor, furnish the printer with a copy of every such ordinance. (Code of Fayette, 1919, § 52.)

§ 2-36 City Clerk - Keep Records

The city clerk shall keep the minute books and all other records of the city under his charge, accurately and properly indexed. (Code of Fayette, 1919, § 54.)

§ 2-37 City Clerk - Custodian of Records and Seal

The city clerk shall be the custodian of all the books, papers and records of the city. He shall also be custodian of the seal, which shall be affixed and attested by him to all contracts, in writing, with or by the city and to all bonds, deeds or conveyances of any character. (Code of Fayette, 1919, § 56.)

§ 2-38 City Clerk - Furnish Certified Copies

The clerk shall be required to furnish certified copies of the minutes to any person applying therefor upon the payment of the fees that are due. (Code of Fayette, 1919, § 58.)

§ 2-39 City Clerk - Bond and Salary

The clerk shall give bond and shall receive an annual salary to be established by the city council, payable in weekly installments. (Code of Fayette, 1919, § 57.)

§ 2-40 Treasurer - Election

The mayor and council shall elect one officer who shall be designated as city treasurer, who shall hold office for a term not to exceed the term of the mayor. This office may be combined with the office of city clerk. (Code of Fayette, 1919, § 79; for city treasurer in general, see: Code of Alabama, tit. 37, § 446-449.)

§ 2-41 Treasurer - Duties

The treasurer shall receive from the officers, employees and agents of the city all the money belonging to the city received by them, giving in all cases a receipt therefor, which shall set out the amount paid and from what source it is derived and to what account it shall be credited. (Code of Fayette, 1919, § 81.)

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§ 2-42 ADMINISTRATION § 2-46

§ 2-42 Treasurer - Payment of Warrants

Upon the production to the treasurer of the certificate or warrant issued by an order of the council, and in this way alone, the treasurer shall pay the amount of such certificate or warrant to the order of the person to whom issued out of any money in the treasury not otherwise appropriated. (Code of Fayette, 1919, § 82.)

§ 2-43 Treasurer - Reports to Council

The city treasurer shall keep a regular account with the city. In this, he shall charge himself with all the money paid to him, stating by whom and where paid and he shall credit himself by the amount of all the certificates or warrants above described which he may have paid, giving the number of such certificate or warrant.

He shall, once in each month, balance such accounts, and furnish the council, at the first meeting in every month, with a copy of the accounts, showing how much money there is in the treasury, and with the vouchers for the credits claimed by him.

At the end of each fiscal year, he shall make a report of the year's business and transactions. (Code of Fayette, 1919, § 83.)

§ 2-44 Books Open to Inspection

The books of the city treasurer shall, at all times, be open to the inspection of the mayor and members of the council, or any person appointed to examine the same, and the treasurer shall make such additional reports at such times as the council may designate. (Code of Fayette, 1919, § 84.)

Division 3 - City Attorney

§ 2-45 City Attorney - Duties

It shall be the duty of the city attorney to prosecute all violations of the laws and ordinances of the city, attend the meetings of the council when requested by the mayor and give his opinion in writing on any question relating to the business or government of the city, when requested by the mayor to do so. He shall also attend all trials in the recorder's court, when requested by the mayor to do so; and he shall perform such other duties as may be required of him by law or ordinance, from time to time. (Code of Fayette, 1919, § 77.)

§ 2-46 City Attorney - Compensation

For his services as such, the city attorney shall receive such compensation as determined and established by the city council. (Code of Fayette, 1919, § 78.)

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§ 2-47 ADMINISTRATION § 2-50

ARTICLE V - COMMITTEES, COMMISSIONS, BOARDS AND AUTHORITIES

Division 1 - In General

§ 2-47 Standing Committees

At the first regular meeting of the council after each election, the mayor shall appoint such standing committees as he deems necessary. Each of such committees shall be composed of two (2) members of the council, and the mayor shall be ex officio chairman of each committee. (Code of Fayette, 1919, § 26.)

§ 2-48 Other Committees

The mayor may appoint such other committees, from time to time, as may be necessary to perform such duties as may be required of them by the council. (Code of Fayette, 1919, § 30.)

Division 2 - City Planning Commission

§ 2-49 Planning Commission - Creation, Composition, Terms of Office

There is hereby created a planning commission for the City of Fayette, Alabama, to consist of nine (9) members, two (2) of whom shall be a registered real estate broker and/or building contractor, to be appointed for the terms and in the manner set forth by state law. (Ord. of Aug. 5, 1957, § 1; for state law regarding a municipal planning commission, see: Code of Alabama, § 11-52-1.)

§ 2-50 Planning Commission - Powers and Duties

The planning commission is authorized and empowered to make and adopt a master plan for the physical development of the City of Fayette, Alabama, including any areas outside its boundaries which, in the commission's judgment, bear relation to the planning of such municipality. Such plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of said territory, including among other things the general location, character and extent of streets, viaducts, subways, bridges, waterways, waterfronts, boulevards, parkways, playgrounds, squares, parks, aviation fields and other public ways, grounds and open spaces; the general location of public buildings and other public property and the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power and other purposes; also the removal, relocation, widening, narrowing, vacating, abandonment, change of use or extension of any of the foregoing ways, grounds, open spaces, buildings, property, utilities or terminals; as well as a zoning plan for the control of the height, area, bulk, location and use of the buildings and premises. (Ord. of Aug. 5, 1957, § 2.)

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§ 2-51 ADMINISTRATION § 2-55

§ 2-51 Planning Commission - Publication of Parts of Plan

As the work of making the whole master plan progresses, the planning commission may, from time to time, adopt and publish a part or parts thereof, any such part to cover one (1) or more major sections or divisions of the municipality, or one (1) or more of the aforesaid or other functional matters to be included in the said plan. The commission is hereby authorized and empowered to exercise all powers and do all things, authorized to such commission by law, as it may deem necessary for its work. The commission is also authorized and empowered to exercise all powers and to do all things, authorized to such commission by law, with reference to subdivision of unimproved property within five (5) miles of the corporate limits of the City of Fayette, Alabama. (Ord. of Aug. 5, 1957, § 2.)

§ 2-52 Planning Commission - Authority of Mayor and Council

The mayor and city council of Fayette, Alabama, are hereby authorized to make all appointments and exercise all authority as granted by state law. (Ord. of Aug. 5, 1957, § 3.)

Division 3 - West Alabama Planning and Development Council

§ 2-53 West Alabama Planning and Development Council Established

Acting jointly with other governments of the urban area, there is hereby created and established the West Alabama Planning and Development Council, hereafter called the "Council." (Res. of Dec. 17, 1973, § 1.)

§ 2-54 Membership in Council

Membership in the West Alabama Planning and Development Council is open to each unit of local government within the territorial limits of the urban area and to such additional areas as the Council may add.

"Unit of local government" shall mean any public corporation or entity designated as a unit of government in the most recent census of governments by the U.S. Bureau of the Census. (Res. of Dec. 17, 1973, § 2.)

§ 2-55 Representation on Council

a. Membership and representation shall be as determined in the by-laws of the Council. Each representative shall be an elected official of a local government.

b. Any government, which has become a member of the Council, may withdraw upon sixty (60) day's notice subsequent to formal action by its governing body. (Res. of Dec. 17, 1973, §§ 3 and 4.)

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§ 2-56 ADMINISTRATION § 2-57

§ 2-56 Purpose and Functions of Council

The purpose and functions of the Council with respect to its area shall be to:

a. Carry on a continuing program of comprehensive planning that supplements and coordinates but does not duplicate the programs of the member units;

b. Study such area governmental programs common to two (2) or more members as is deemed appropriate, including but not limited to matters affecting health, safety, welfare, education, economic conditions and regional development;

c. Promote cooperative arrangements and coordinate action among members;

d. Make recommendations for review and action to the members and other public agencies that perform functions within the region; and

e. Serve as a clearing house, for the benefit of members and other interested parties, of information concerning their common problems, and concerning state and federal services available to assist in the solution of various problems in this area. (Res. of Dec. 17, 1973, § 5.)

§ 2-57 Powers of the Council

The Council may, by appropriate action of the governing bodies of member governments, exercise such other powers as are exercised or capable of exercise by the member governments, and necessary or desirable for dealing with problems of mutual concern. In addition:

a. The Council may discuss questions or any matters within the scope of its stated purpose, and make recommendations for action to the governmental units involved in any such question or matter.

b. Members and non-members, governmental units and/or quasi-government agencies, or citizens of the City of Fayette, may bring matters involving inter-governmental cooperation to the attention of the Council for discussion and possible recommenda- tion.

c. The West Alabama Planning and Development Council may request any governmental unit or agency, federal, state, or local, to act upon its recommendations if such is deemed to be in the interest of the Council and/or its member units.

d. The Council may promote agreements between member or non-member governmental units which are deemed appropriate to further understanding of any matters or problems under consideration by the Council.

e. The Council may initiate and/or request studies deemed necessary to further under- standing of any matters or problems under consideration by the Council. (Res. of Dec. 17, 1973, § 7.)

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§ 2-58 ADMINISTRATION § 2-61

§ 2-58 Council - Budget and Funding a. The Council may accept and expend funds, grants, gifts, and/or services from the government of the United States, or its agencies; from the State of Alabama or its departments and agencies; from agencies or instrumentalities of any governmental unit whether partici- pating in the Council or not; and from other civic sources or private sources. b. The Council may establish an operating budget to meet expenses of approved programs. Any such budget shall be authorized by each member unit and necessary contributions shall be borne by the member units in proportionate shares as determined by the Council. (Res. of Dec. 17, 1973, § 7.)

§ 2-59 Governing Body of Council a. The Council may adopt by-laws designating officers of the Council, providing for the conduct of business, the manner and method of securing local funds that may be necessary and the manner and method by which voting on projects by the Council shall be determined. Such by-laws, after adoption by the Council, shall be ratified by the legislative body of each unit of local government. b. The Council may establish or designate any such committees or advisory groups it deems necessary to assist in carrying out its purpose and functions. The Council shall authorize and define the powers and duties of all committees and advisory groups so established. The Council shall designate the membership of such committee or advisory groups and shall appoint a chairman of these groups and other personnel deemed necessary. Recommendations and other actions of committees or advisory groups will be heard by the Council, but such recommen- dations and other actions are not binding on the Council unless so adopted. (Res. of Dec. 17, 1973, § 8.)

§ 2-60 Council - Office, Staff, Minutes, Reports and Voting a. The Council may establish an office, appoint an executive director and employ staff and/or consultants and retain such as it deems necessary. b. The Council shall keep accurate minutes of its proceedings and shall make periodic reports concerning its activities to member units and other interested parties. c. Voting and voting procedures shall be as determined in the by-laws of the Council. Decisions of the Council which involve specific recommendations for agreement for cooperative endeavors between two (2) or more participating members shall require an affirmative vote of those participating members. (Res. of 12-17-73, §§ 9—11)

§ 2-61. Council—Organization. The council shall meet at regular sessions or at the call of the chairman, as deemed appropriate. In addition: (a) The council shall elect a chairman from its membership, and such other officers as it deems necessary, all to serve for periods of time as specified in the by-laws.

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§ 2-61 ADMINISTRATION § 2-68

(b) The council may create an executive committee from within its membership, or otherwise organize itself as is deemed appropriate.

(c) The council shall establish an agenda to be followed at meetings, if such agenda is deemed necessary by the council.

(d) Notice of meetings, regular or special, together with the agenda, if available, shall be furnished members and other interested parties approximately ten (10) days prior to such meeting.

(e) The council may adopt further rules and procedures through the enactment of by-laws as it deems necessary. (Res. of 12-17-73, § 12)

§ 2-62. Amendments to resolutions.

Amendments to this resolution shall be made effective by an affirmative vote of at least three-fourths (¾) of the members. Any amendment shall be submitted in writing to each member at least thirty (30) days prior to the meeting at which such amendment is to be voted upon. (Res. of 12-17-73, § 13)

DIVISION 4. RESERVED*

§§ 2-63—2-66.1. Reserved.

DIVISION 5. FAYETTE COUNTY COMMUNITY ACTION COMMITTEE

§ 2-67. Designation and authority.

The Fayette County Community Action Committee is hereby designated and authorized to undertake a community action program designed to eliminate poverty and the causes of poverty in Fayette, Alabama. (Res. of 3-15-65, § 1)

§ 2-68. Purpose.

The Fayette County Community Action Committee is hereby authorized to help mobilize and utilize resources, both public and private, in a concerted attack on poverty and the causes of poverty existing in Fayette, Alabama. (Res. of 3-15-65, § 2)

*Editor’s note—Ord. No. 2011-03, §§ 1—6, adopted April 28, 2011, repealed division 4, which pertained to park and recreation board and derived from Res. of 6-20-55, §§ 2—5; and Res. No. 1993-18, § 6, 9-8-93.

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§ 2-69 ADMINISTRATION § 2-72

§ 2-69. Sources of assistance available.

The Fayette County Community Action Committee is authorized and directed to seek assistance from sources outside the City of Fayette, Alabama, to assist in the accomplishment of the aforesaid community action program. (Res. of 3-15-65, § 3)

DIVISION 6. FAYETTE ART-MUSEUM BOARD

§ 2-70. Established.

The city council hereby finds and declares that it is wise, expedient, necessary and to the best interests of the citizens of the City of Fayette, Alabama, that an art and museum board be created and formed, and does hereby establish and create such a board. (Res. of 9-15-69, § 1)

§ 2-71. Composition.

(a) The board created shall be called the Fayette Art-Museum Board and shall be composed of eleven (11) members who shall be residents of Fayette County, Alabama. The board of directors shall be elected by the governing body of the municipality and shall be so elected that they shall hold office for staggered terms.

(b) The number of directors shall be divided into four (4) groups, three (3) of which shall have three (3) members each and one (1) group having two (2) members. [Original length of terms shall be as provided in Resolution No. 1993-17.] Thereafter, the terms of all directors shall be three (3) years, provided that if at the expiration of any term of office of any director a successor shall not have been elected, then the director whose term of office shall have expired shall continue to hold office until his successor shall be so elected.

(c) The directors shall serve without compensation except that they shall be reimbursed for their actual expenses incurred in and about the performance of their duties.

(d) The board shall elect a chairman, vice-chairman, secretary and treasurer and such other officers as the board shall deem necessary or appropriate. The offices of secretary and treasurer may, but need not, be held by the same person. The chairman and vice-chairman shall be elected by the board from the membership thereof; the secretary, the treasurer and any other officers, elected by the board may, but need not, be members of the board. (Res. of Feb. 2, 1976, § 2; Res. No. 1993-17, § 1, 9-8-93)

§ 2-72. Responsibility and powers.

The Fayette Art-Museum Board, hereby created, shall be responsible for and shall have the power to acquire sites for, construct or otherwise acquire, establish and maintain public

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§ 2-72 ADMINISTRATION § 2-77.1

cultural facilities consisting of museums, art galleries, art centers, music halls and related facilities all to the end of making cultural facilities available to the public whether separately or grouped two (2) or more in the same building. (Res. of 9-15-69, § 4)

§ 2-73. Control of facilities. The Fayette Art-Museum Board shall have control over all lands, buildings, equipment and facilities assigned for cultural purposes to the board by the municipal governing body, or purchased or leased by it from funds provided by the governing body of the City of Fayette, Alabama. (Res. of 9-15-69, § 5)

§ 2-74. Other powers. The board, hereby created, shall have all other powers granted to it by law. (Res. of 9-15-69, § 6) State law reference—Authority to establish art and museum board, Act No. 451, General Laws of Alabama.

Division 7 - Special Committees; Housing Authority

§ 2-75 Citizens' Advisory Committee Established The mayor is hereby authorized and empowered to appoint a committee designated as the "Citizens' Advisory Committee" which shall consist of nine (9) members. (Res. of Oct. 16, 1961, § 1.)

§ 2-76 Special Committee on Minority Group Housing Problems Established The mayor is authorized and empowered to appoint a sub-committee to be called the "Special Committee on Minority Group Housing Problems" which shall consist of five (5) members. (Res. of Oct. 16, 1961, § 2.)

§ 2-77 Housing Authority The Housing Authority of the City of Fayette, Alabama, is hereby designated as the agency to find suitable housing for families displaced through any governmental action of the city. (Res, of Oct. 16, 1961, § 4.)

Division 8 - Industrial Development Board

§ 2-77.1 Purchase of City/County Property The council hereby finds and declares that the following facts are true and correct: a. The city and Fayette County (herein called "the County") have heretofore determined to acquire certain real property located in Fayette County, Alabama, and within twenty-five (25) miles of the corporate limits of the city, which real property is suitable for industrial purposes;

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§ 2-77.1 ADMINISTRATION § 2-77.2

b. Pursuant to said determination, the city and the county have acquired as tenants in common the said real property for the purpose of transferring from time to time title to the said real property to one or more persons, firms or corporations for use for industrial or commercial purposes;

c. The city and the county have determined that the acquisition of said real property will enable the city and the county to induce industries to locate in the state and in the county, thereby furthering the economic growth of the state, the county and the city;

d. The Industrial Development Board of the City of Fayette (herein called "the Board") has heretofore entered into an agreement with National Gypsum Company pursuant to which the Board has agreed to acquire real property in the county and to construct thereon a manufacturing plant and to install therein certain items of machinery and equipment, all for lease to National Gypsum Company or its wholly-owned subsidiary, American Olean Tile Company, Inc. The Board now desires to purchase a portion of the said real property from the city and the county and to construct thereon the said manufacturing plant.

e. The city and the county have caused an appraisal to be made of that portion of the real property to be purchased by the Board and copies of the said appraisal have been filed with the city and the county, The full purchase price to be paid by the Board to the city and county for the said real property is $150,000.00, which purchase price is in excess of the price paid by the city and the county for the said portion of the real property to be purchased by the Board and said purchase price to be paid by the Board is in excess of the appraised value of said property as stated in the aforesaid appraisal; and

f. The council hereby specifically finds and declares that the said real property herein- after authorized to be conveyed to the Board was acquired for the sole purpose of transferring the said real property to one or more persons, firms or corporations for use for the industrial or commercial purposes; the said real property hereinafter autho- rized to be conveyed to the Board is not now and has not at any time been needed by the city for public or municipal purposes; and that the conveyance of the said real property to the board will fulfill the purpose for which the said real property was acquired. (Ord. of 1-15-79, § 1)

§ 2-77.2. City conveys property to board.

The mayor of the city is, upon payment to the city of the sum of seventy-five thousand

dollars ($75,000.00), for its undivided one-half (1/2) interest, is hereby authorized and directed to execute and deliver, for and in the name of the city, a deed, and the city clerk is hereby authorized and directed to affix the seal of the city to the said deed and to attest the same. (Ord. of 1-15-79, § 2)

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§ 2-77.5 ADMINISTRATION § 2-77.8

DIVISION 9. MUNICIPAL HOUSING CODE ABATEMENT BOARD*

§ 2-77.5. Created.

Pursuant to § 11-53A-1, et seq., Code of Alabama 1975, there is hereby created a Municipal Housing Code Abatement Board for the City of Fayette, Alabama, and it is hereby vested with the authority and power granted to it by this ordinance and the laws of the State of Alabama. (Ord. No. 1996-08, § I, 7-1-96)

§ 2-77.6. Composition. The board shall consist of five (5) members. Each councilman shall appoint one (1) member from his or her district who is a resident and elector of said district to serve on the board for the term of the city council for two (2) consecutive terms in office. (Ord. No. 1996-08, § II, 7-1-96)

§ 2-77.7. Power to give notice. Whenever the board finds that any building, structure, part of a building or structure, party wall, or foundation situated in the city is unsafe to the extent that it creates a public nuisance from any cause, it shall give notice to the person or persons, firm, association, or corporation last assessed for state ad valorem taxes by personally serving a copy of the notice to remedy the unsafe or dangerous condition of the building or structure, or to demolish the building or structure, within a reasonable time set out in the notice to the person or legal entity to whom the property was assessed for ad valorem taxes, not more than sixty (60) days following the notice. If the unsafe condition is not remedied within sixty (60) days, the building or structure shall be demolished and removed by the city and the costs shall be assessed against the property. In the event that the personal service is returned "Not Found" after not less than two (2) attempts, the notice may be given by registered or certified mail. The mailing of the notice by registered mail, properly addressed and postage prepaid to the address where the notice for ad valorem taxes for the last year was mailed, shall constitute notice as required by this section. Prior to the delivery or mailing, the notice or a copy of the notice shall also be posted at or within three (3) feet of an entrance to the building or structure. If there is no entrance, the notice may be posted at any location upon the building or structure. (Ord. No. 1996-08, § III, 7-1-96)

§ 2-77.8. Request for hearing; determination; action; appeals.

(a) Within the time specified in the notice, but not more than sixty (60) days from the date notice is given, any person, firm or corporation having an interest in the building or structure may file a written request for a hearing before the city council, together with any objection to the finding by the board that the building or structure is unsafe to the extent of creating a public nuisance. The filing of the request shall delay any action on the finding of the board

*Editor’s note—Ord. No. 1996-08, §§ I—VI, adopted July 1, 1996, did not specifically amend of the Code; hence, inclusion as Art. V, Div. 9, §§ 2-77.5—2-77.9, was at the discretion of the editor.

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§ 2-77.8 ADMINISTRATION § 2-77.9

until a determination is made. A hearing shall be held not less than ten (10) nor more than sixty (60) days after the request. At the hearing, or in the event no hearing is timely requested, after the expiration of sixty (60) days from the date the notice is given, the city council shall determine whether or not the building or structure is unsafe to the extent that it creates a public nuisance. Notice of the meeting of the city council, and that a determination will be made at the meeting, shall be published one time in a newspaper of general circulation in the city, not less than ten (10) days prior thereto. If a building or structure is determined to be unsafe to the extent that it creates a public nuisance, the city council shall order the building or structure to be demolished and removed thirty (30) days following the determination. The city may actually perform, or contract for the performance of the demolition and removal of the building or structure, and may sell or otherwise dispose of salvaged materials resulting from the demolition and removal.

(b) Any person aggrieved by the decision of the city council at the hearing may, within thirty (30) days thereafter, appeal to the Circuit Court of Fayette County, Alabama, upon filing with the clerk of the court notice of the appeal and bond for security of costs in the form and amount approved by the circuit clerk. Upon filing the notice and bond, the circuit clerk shall serve a copy of the notice of appeal on the city clerk. The appeal shall be docketed in the court as a preferred case. The city clerk shall, upon receiving the notice, file with the circuit clerk a copy of the findings and determination of the city council. A trial shall then be held without a jury upon the determination of the city council. (Ord. No. 1996-08, § IV, 7-1-96)

§ 2-77.9. Demolition, removal costs; assessment.

(a) Upon demolition and removal of a building or structure, the board shall make a report to the city council of the cost. The city council shall adopt a resolution fixing the costs which it finds were reasonably incurred in the demolition and removal and assess the costs against the property. The proceeds of any monies received from the sale of salvaged materials from the building or structure shall be used or applied against the cost of the demolition and removal. Any person, firm or corporation having an interest in the property may be heard at the meeting concerning any objection he or she may have to the fixing of the cost. The city clerk shall give not less than fifteen (15) day's notice of the meeting at which the fixing of the costs are to be considered by publication in a newspaper of general circulation in the city. The fixing of costs by the city council shall constitute a special assessment against the lot or lots, parcel or parcels of land upon which the building or structure was located, and shall constitute a lien on the property for the amount of the assessment. The lien shall be superior to all other liens on the property except prior recorded mortgages and other prior recorded security interests and liens for taxes, and shall continue in force until paid. The city clerk shall mail a certified copy of the resolution by registered or certified mail to the person last assessed for ad valorem taxes, and a certified copy of the resolution shall be published in the manner and as prescribed for the publication of municipal ordinances. A certified copy of the resolution shall also be filed in the office of the judge of probate of Fayette County, Alabama.

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§ 2-77.9 ADMINISTRATION § 2-77.13

(b) The city shall have the power to assess the costs authorized herein against any lot, lots, parcel or parcels of land purchased by the state at any sale for the nonpayment of taxes. A subsequent redemption of the property by any person authorized to redeem, or a subsequent sale of the property by the state, shall not operate to discharge, or in any manner affect the lien of the city for the assessment. Any redemptioner or purchaser shall take the property subject to the assessment.

(c) Payment of the assessment, or if delinquent, the collection of the assessment, shall be made in the same manner as is provided for the payment and delinquent collection of municipal improvement assessments pursuant to Article 1 (commencing with Section 11-48-1) of Chapter 2 of Title 11, Code of Alabama 1975. (Ord. No. 1996-08, §§ V, VI, 7-1-96)

DIVISION 10. CITY TREE BOARD

§ 2-77.10. Creation and establishment of a city tree board.

There is hereby created and established a city tree board for the City of Fayette, Alabama, which shall consist of five (5) members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council. (Ord. No. 1997-16, § 1, 12-1-97)

§ 2-77.11. Term of office.

The term of the five (5) persons to be appointed by the mayor shall be three (3) years except that the term of two (2) of the members appointed to the first board shall be for only one year and the term of two (2) members of the first board shall be for two (2) years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. (Ord. No. 1997-16, § 2, 12-1-97)

§ 2-77.12. Compensation.

Members of the board shall serve without compensation. (Ord. No. 1997-16, § 3, 12-1-97)

§ 2-77.13. Duties and responsibilities.

It shall be the responsibility of the board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal, spacing or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City

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§ 2-77.13 ADMINISTRATION § 2-77.17

of Fayette, Alabama. The board, when requested by the city council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. (Ord. No. 1997-16, § 4, 12-1-97)

§ 2-77.14. Operation.

The board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. No. 1997-16, § 5, 12-1-97)

§ 2-77.15. Review by city council.

The city council shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the city council who may hear the matter and make final decision. (Ord. No. 1997-16, § 6, 12-1-97)

DIVISION 11. HISTORIC PRESERVATION COMMISSION

§ 2-77.16. Purpose.

In support and furtherance of its findings and determination that the historical, cultural and aesthetic heritage of the City of Fayette is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity and general welfare of the people; in order to stimulate revitalization of the business districts and historic neighborhoods and to protect and enhance local historical and aesthetic attrac- tions to tourists and thereby promote and stimulate business; in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for the designation, protection, preservation and rehabilitation of historic properties and historic districts and to participate in federal or state programs to do the same; the city council of the City of Fayette hereby declares it to be the purpose and intent of this division to establish a uniform procedure for use in providing for the protection, enhancement, perpetuation and use of places, districts, sites, buildings, structures, objects, landscape features and works of art having a special historical, cultural or aesthetic interest or value, in accordance with the provisions of the ordinance. (Ord. No. 2009-06, § I, 9-8-09)

§ 2-77.17. Definitions.

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

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§ 2-77.17 ADMINISTRATION § 2-77.18

Certificate of appropriateness means a document evidencing approval by the historic preservation commission of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.

Certificate of economic hardship means a document evidencing approval of an owner's application for relief from the application of this article as provided in subsection 2-77.20(p).

Exterior architectural features means the architectural style, general design and general arrangement of the exterior of a building or other structure, including, but not limited to, the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the forego- ing.

Exterior environmental features means all those aspects of the landscape or the development of a site which affect the historical character of the property.

Historic district means a geographically definable area designated by the city council as a historic district.

Historic property means an individual building, structure, site, object or work of art including the adjacent area necessary for the proper appreciation thereof designated by the city council as a historic property.

Material change in appearance means a change that will effect either the exterior architectural or environmental features of a historic property or any building, structure, site, object, landscape feature or work of art within a historic district, such as:

(1) A reconstruction or alteration of the size, shape or facade of a historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements;

(2) Demolition or relocation of a historic structure;

(3) Commencement of excavation for construction purposes;

(4) A change in the location or advertising visible from the public right-of-way; or

(5) The erection, alteration, restoration or removal of any building or other structure within a historic property or district, including walls, fences, steps and pavements or other appurtenant features. (Ord. No. 2009-06, § II, 9-8-09)

§ 2-77.18. Creation of a historic preservation commission.

(a) Creation of the commission. There is hereby created a commission whose title shall be "City of Fayette Historic Preservation Commission" (hereinafter "commission").

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§ 2-77.18 ADMINISTRATION § 2-77.18

(b) Commission members: number, appointment, terms, compensation and rules and stan- dards.

(1) The commission shall consist of seven (7) members appointed by the mayor and ratified by the city council. To the extent possible, all members shall be residents of the City of Fayette and shall be persons who have demonstrated training of experience in history, architecture, architectural history, American studies, cultural geography, cultural anthropology, planning, archaeology, law, or other related historic preserva- tion field or who shall be residents of a historic district.

(2) Members shall serve three-year terms. Members may be reappointed. In order to achieve staggered terms, initial appointments shall be: Two (2) members for one (1) year; two (2) members for two (2) years; and three (3) members for three (3) years. Members shall not receive compensation, although they may be reimbursed for expenses incurred on behalf of the commission.

(3) Members of the commission may be removed for cause by the city council.

(4) Vacancies on the commission shall be filled by persons nominated by the mayor and appointed by the city council. such appointments shall be for the unexpired term of the member replaced.

(5) Members of the commission shall elect a chairman and a vice chairman and such other officer as the members deem necessary. The commission shall adopt rules of procedure and bylaws to govern its operations and shall communicate those rules of procedure and bylaws to the city council. The rules of procedure and bylaws of the commission shall specify what number of members of the commission constitutes a quorum.

(6) The commission shall have the flexibility to adopt rules and standards without amendment to this division.

(c) Commission meetings, minutes and public participation.

(1) All meetings of the commission must be publicly announced and be open to the public. Commission meetings must occur at regular intervals. Public notice must be provided prior to any special meetings.

(2) Minutes of all decisions and actions of the commission including the reasons for making these decisions must be kept on file and available for public inspection.

(3) All decisions of the commission shall be made in a public forum and applicants must be given written notification of the commission's decision.

(4) The rules of procedure adopted by the commission must be available for public inspection.

(5) During the process of reviewing properties for nomination to the National Register, the commission must provide opportunity for public comments.

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§ 2-77.18 ADMINISTRATION § 2-77.18

(d) Statement of the commission's power. The commission shall be authorized to:

(1) Prepare and maintain an inventory of all property within the City of Fayette having the potential for designation as an historic property;

(2) Recommend to the city council specific places, districts, sites, buildings, structures, or works of art to be designated by ordinance as historic properties or historic districts;

(3) Review applications for certificates of appropriateness and grant or deny same in accordance with the provisions of this division;

(4) Recommend to the city council that the designation of any place, district, site, building, structure, objects or work of art as a historic property or as a historic district be revoked or removed;

(5) Restore and preserve any historic properties acquired by the City of Fayette or acquired by the commission;

(6) Promote the acquisition by the City of Fayette of facade easements and conservation easements;

(7) Develop and conduct educational programs on historic properties located within the City of Fayette and on general historic preservation activities;

(8) Make such investigations and studies of matters relating to historic preservation employment of historic preservation experts the city council or the commission itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources;

(9) Seek out local, state, federal and private funds for historic preservation, and make recommendations to the city council concerning the most appropriate uses of any funds acquired;

(10) Perform historic preservation activities as the official agency of the City of Fayette historic preservation program;

(11) Employ persons, if necessary, to carry out the responsibilities of the commission;

(12) Receive donations, grants, funds or gifts of historic property;

(13) Purchase, sell, contract to purchase, contract to sell, own, encumber, lease, mortgage and insure real and personal property in carrying out the purposes and responsibilities of the commission. The commission shall not obligate the City of Fayette without prior consent;

(14) Review and make comments to the Alabama Historical Commission concerning the nomination of properties within its jurisdiction to the National Register of Historic Places;

(15) Investigate, survey and process nominations of properties to the National Register of Historic Places;

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§ 2-77.18 ADMINISTRATION § 2-77.19

(16) Investigate, survey and process applications for certification of historic properties for tax credits for preservation expenditures; (17) Participate in private, state and federal historic preservation programs and with the consent of the city council, enter into agreements with the same to perform historic preservation related functions. (e) Annual reports of the commission's activities. The commission shall prepare and file with the city council and with the Alabama Historical Commission, an annual report of its activities as required by the city council and the Alabama Historical Commission. The annual report shall cover the period from October 1 to September 30 and shall be submitted in October of each year. The report shall include such items as the number of cases reviewed, historic district and property designations made, revised resumes of commission members/staff, appointments to the commission, attendance records and all minutes relating to the review of National Register nominations. The report shall document attendance at the orientation/ training session as specified in subsections (h) and (i) herein below. (f) Conflict of interest. At any time the commission reviews a project in which a member of the commission has ownership or other vested interest, that member will be forbidden from presenting, voting or discussing the project, other than answering a direct question. (g) Records of commission meetings. A public record shall be kept of the commission's resolutions, proceedings and actions. (h) Responsibilities of commission members. Each commission member and anyone serving the commission in a technical/professional staff capacity is required to attend at least two (2) informational or educational meetings per year pertaining to historic preservation. Such meetings may include those sponsored by the Alabama Historical Commission, Board of Advisors, the National Trust for Historic Preservation or a local preservation organization. One (1) of the two (2) should be a regional or statewide meeting. (i) Liaison between the commission and the state historic preservation office (Alabama Historical Commission). Should the city council elect to become a certified local government, the city council shall designate a paid member to the city's staff or a person working under contract as a source of technical/administrative/professional assistance to be responsible for the operations of the commission in keeping with the requirements of certification for participation in the certified local government program. At least one (1) member of the commission and/or the person serving as the commission's technical staff, and/or a represen- tative appointed by the mayor who has an ongoing relationship with the commission, will attend the Alabama Certified Local Government orientation/training session sponsored by the Alabama Historical Commission each year. (Ord. No. 2009-06, § III, 9-8-09)

§ 2-77.19. Recommendation and designation of historic districts and properties. (a) Preliminary research by commission. (1) Commission's mandate to conduct a survey of local historical resources: The commis- sion shall compile and collect information and conduct surveys of historic resources within the City of Fayette.

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§ 2-77.19 ADMINISTRATION § 2-77.19

(2) Commission's power to recommend districts and buildings to the city council for designation: The commission shall present to the city council recommendations for historic districts and properties.

(3) Commission's documentation of proposed designation: Prior to the commission's recommendation of a historic district or historic property to the city council for designation, the commission shall prepare a report consisting of:

a. A physical description;

b. A statement of the historical, cultural, architectural and/or aesthetic significance;

c. A map showing district boundaries and classification (i.e., historic, nonhistoric) of individual properties therein, or showing boundaries of individual historic properties;

d. A statement justifying district or individual property boundaries; and

e. Representative photographs.

(b) Designation of a historic district.

(1) Criteria for selection of historic districts: A historic district is a geographically definable area, which contains buildings, structures, sites, objects, landscape features and works of art or a combination thereof, which:

a. Represents one (1) or more periods, styles or types of architecture typical of one (1) or more eras in the history of the municipality, county, state or region;

b. Represents a significant aspect of the cultural, political, economic, military or social history of the locality, region, state or nation;

c. Has had a significant relationship with the life of a historic person or event, representing a major aspect of the history of the locality, region, state or nation;

d. Is a part of the historic, architectural, archaeological or aesthetic heritage of the locality, region, state or nation;

e. Contains vernacular structures which contribute to an overall character and sense of place which is representative of the City of Fayette.

(2) Boundaries of a historic district: Boundaries of a historic district shall be shown on the official zoning map.

(3) Evaluation of properties within historic districts: Individual properties within historic districts shall be classified as:

a. Contributing (contributes to the district);

b. Noncontributing (does not contribute to the district).

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§ 2-77.19 ADMINISTRATION § 2-77.19

(c) Designation of a historic property. 1. Criteria for selection of historic properties: A historic property is a building, structure, site, object, work of art; including the adjacent area necessary for the proper appreciation or use thereof, deemed worthy of preservation by reason of value to the City of Fayette for one (1) of the following reasons: a. It is an outstanding example of a structure representative of its era; b. It is one (1) of the few remaining examples of past architectural style; c. It is a place or structure associated with an event of persons of historic or cultural significance to the City of Fayette, State of Alabama, or the region; d. It is a site of natural or aesthetic interest that is continuing to contribute to the cultural or historical development and heritage of the municipality, county, state or region; or e. The building or structure is an example of an architectural style, or combination of architectural styles, which is representative of the City of Fayette or which is unique to the City of Fayette. (2) Boundary description: Boundaries shall be shown on the official zoning map. (d) Requirements for adopting an ordinance for the designation of historic districts and historic properties. (1) Application for designation of historic districts or property: Designations may be proposed by the city council, the commission, or: a. For historic districts: A historical society, neighborhood association or group of property owners may apply to the commission for designation. b. For historic properties: A historical society, neighborhood association or property owner may apply to the commission for designation. (2) Required components of a designation ordinance: Any ordinance designating any property or district as historic shall: a. List each property in a proposed historic district or describe the proposed individual historic property; b. Set forth the name(s) of the owner(s) of the designated property or properties; c. Require that a certificate of appropriateness be obtained from the commission prior to any material change in appearance of the designated property; and d. Require that the property or district be shown on the official zoning map. (3) Required public hearings: The commission shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three (3) consecutive issues in the principal newspaper of local circulation, and written notice of the hearing shall be mailed by the commission to all owners and occupants of such properties. All such notices shall be published or mailed not less than ten (10) nor more than twenty (20) days prior to the date set for

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§ 2-77.19 ADMINISTRATION § 2-77.20

the public hearing. A notice sent via United States Mail to the last known owner of the property shown on the Fayette County Revenue Commissioner's tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant under this article. (4) Recommendations on proposed designations: A recommendation to affirm, modify or withdraw the proposed ordinance for designation shall be made by the commission within fifteen (15) days following the public hearing and shall be in the form of a resolution to the city council. (5) City council action on commission recommendation: Following receipt of the commis- sion's recommendation, the city council may adopt the ordinance as proposed, may adopt the ordinance with any amendments it deems necessary, or reject the ordinance. (6) Notification of adoption of ordinance for designation: Within thirty (30) days following the adoption of the ordinance for designation by the city council, the owners and occupants of each designated historic property, and the owners and occupants of each designated historic property, and the owners and occupants of each structure, site or work of art located within a designated historic district, shall be given written notification of such designation by the city council which notice shall apprise said owners and occupants of the necessity of obtaining a certificate of appropriateness prior to undertaking any material change in appearance of the historic property designated or within the historic district designated. A notice sent via the United States Mail to the last known owner of the property shown on the Fayette County Revenue Commissioner's tax roll and a notice sent via United States Mail to the address of the property to the attention of the occupant shall constitute legal notification to the owner and occupant under this ordinance. (7) Notification of other agencies regarding designation: The commission shall notify all municipal agencies within the City of Fayette of the ordinance for designation. (8) Moratorium on applications for alteration or demolition while ordinance for designa- tion is pending: If an ordinance for designation is being considered, the commission shall have the power to freeze the status of the involved property. (Ord. No. 2009-06, § IV, 9-8-09)

§ 2-77.20. Application to historic preservation commission for certificate of appro- priateness.

(a) Approval of alterations, demolitions or new construction in historic districts or involving historic properties. After the designation by ordinance of a historic property or of a historic district, no historic property may be demolished, no building or structure in a historic district may be erected or demolished and no material change in the exterior appearance of such historic property, or of a structure, site, object or work of art within such historic district shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application for a certificate of appropriateness has been submitted to and approved by the commission.

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§ 2-77.20 ADMINISTRATION § 2-77.20

(b) Approval of new construction within designated districts. The commission shall issue certificates of appropriateness to new structures constructed within designated historic districts if these structures conform in design, scale, building materials, setback and landscaping to the character of the district specified in the design criteria developed by the commission.

(c) Approval of signs within designated districts. Sign shall be considered as structures and no sign on a historic property or in a historic district shall be changed, erected or demolished unless and until a certificate of appropriateness is approved by the commission.

(d) Demolitions within designated districts. (1) Required findings—Demolition/relocation. The commission shall not grant certificates of appropriateness for the demolition or relocation of any property within a historic district unless the commission finds that the removal or relocation of such building will not be detrimental to the historical or architectural character of the district. In making this determination, the commission shall consider: a. The historic or architectural significance of the structure; b. The importance of the structure to the integrity of the historic district, the immediate vicinity, an area, or relationships to other structures; c. The difficulty or the impossibility of reproducing the structure because of its design, texture, material, detail or unique location; d. Whether the structure is one (1) of the last remaining examples of its kind in the neighborhood, the county, or the region or is a good example of its type, or is part of an ensemble of historic buildings creating a neighborhood; e. Whether there are definite plans for reuse of the property if the proposed demolition is carried out, and what effect such plans will have on the architec- tural, cultural, historical, archaeological, social, aesthetic, or environmental character of the surrounding area. (2) Content of applications. All applications to demolish or remove a structure in a historic district shall contain the following minimum information: a. The date the owner acquired the property, purchase price, and condition on date of acquisition; b. The number and types of adaptive uses of the property considered by the owner; c. Whether the property has been listed for sale, prices asked and offers received, if any; d. Description of the options currently held for the purchase of such property, including the price received for such option, the conditions placed upon such option and the date of expirations of such option; e. Replacement construction plans for the property in question and amounts expended upon such plans, and the dates of such expenditures;

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§ 2-77.20 ADMINISTRATION § 2-77.20

f. Financial proof of the ability to complete the replacement project, which may include, but not be limited to, a performance bond, a letter of credit, a trust for completion of improvements, or a letter of commitment from a financial institu- tion; and g. Such other information as may reasonably be required by the commission. (3) Post demolition or relocation plans required. In no event shall the commission entertain any application for the demolition or relocation of any historic property unless the applicant also presents at the same time the post-demolition or post- relocation plans for the site.

(e) Approval of alterations or demolitions of public property within historic districts or public property which has been designated as a historic property. The requirement of a certificate of appropriateness shall apply to public property which has been designated as a historic property or which is contained in a historic district, and shall apply to all actions by public authorities which involve historic properties and properties within historic districts.

(f) Approval of painting originally unpainted surfaces. The painting of originally unpainted surfaces shall require a certificate of appropriateness.

(g) Interior alterations. In its review of applications for certificates of appropriateness, the commission shall not consider interior arrangement or use having no effect on exterior architectural features.

(h) Failure to maintain a historic property. Demolition by neglect and the failure to maintain a historic property or a structure in a historic district shall constitute a change for which a certificate of appropriateness is necessary.

(i) Guidelines and criteria for certificates of appropriateness. The commission shall adopt rules and regulations setting forth the procedure for submission and consideration of applications for certificates of appropriateness. The commission shall also adopt general design standards which shall apply in considering the granting and denial of certificates of appropriateness. Design standards shall be in compliance with the Secretary of the Interior's "Standards for Historic Preservation Projects" including the Secretary's "Standards for Rehabilitation."

(j) Submission of plans to commission. An application for certificate of appropriateness shall be accompanied by such drawings, photographs, plans or other documentation as may be required by the commission. Applications involving demolition or relocation shall be accom- panied by post-demolition or relocation plans for the site.

(k) Acceptable commission reaction to applications for certificate of appropriateness. (1) The commission shall approve the application and issue a certificate of appropriate- ness if it finds that the proposed material change(s) in the appearance would not have a substantial adverse effect on the aesthetic, historic or architectural significance and value of the historic property or the historic district. In making this determination, the commission shall consider, in addition to any other pertinent factors, the historical and

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§ 2-77.20 ADMINISTRATION § 2-77.20

architectural value and significance, architectural style, general design arrangement, texture and material of the architectural features involved and the relationship thereof to the exterior architectural style and pertinent features of the other structures in the immediate neighborhood.

(2) The commission shall deny a certificate of appropriateness if it finds that the proposed material change(s) in appearance would have substantial adverse effects on the aesthetic, historic or architectural significance and value of the historic property or the historic district. The commission shall not grant certificates of appropriateness for demolition or relocation without reviewing at the same time the post-demolition or post-relocation plans for the site.

(l) Public meetings and hearings on applications for certificates of appropriateness, notices and right to be heard. Applications for certificates of appropriateness shall be considered by the commission at public meetings, held at 6:00 p.m. at Fayette City Hall on the second Tuesday of each month. At least seven (7) days prior to review of a certificate of appropriateness, the commission shall take such action as may reasonably be required to inform the owners of any property likely to be affected by reason of the application, and shall give applicant and such owners an opportunity to be heard. In cases where the commission deems it necessary, it may hold a public hearing concerning the application.

(m) Deadline for approval or rejection of application for certificate of appropriateness.

(1) The commission shall approve or reject an application for a certificate of appropriate- ness within forty-five (45) days after the filing thereof by the owner or occupant of a historic property, or of a historic structure, site, object or work of art located within a historic district. Evidence of approval shall be by a certificate of appropriateness issued by the commission. Notice of the issuance or denial or a certificate of appropriateness shall be sent by United States Mail to the applicant and all other persons who have requested such notice in writing filed with the commission.

(2) Failure of the commission to act within said forty-five (45) days shall constitute approval and no other evidence of approval shall be needed.

(n) Necessary actions to be taken by commission upon rejection of application for certificate of appropriateness.

(1) In the event the commission rejects an application, it shall state its reasons for doing so, and shall transmit a record of such actions and reasons, in writing, to the applicant. The commission may suggest alternative courses of action it thinks proper if it disapproves of the application submitted. The applicant, if he or she so desires, may make modifications to the plans and may resubmit the application at any time after doing so.

(2) In cases where the application covers a material change in the appearance of a structure which would require the issuance of a building permit, the rejection of the

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§ 2-77.20 ADMINISTRATION § 2-77.20

application for a certificate of appropriateness by the commission shall be binding upon the building inspector or other administrative officer charged with issuing building permits and, in such cases, no building permit shall be issued.

(o) Appeals. Any person having a request for a certificate of appropriateness denied by the commission, or architectural review board as hereinafter provided, may appeal such denial to the circuit court.

(p) Certificate of economic hardship. (1) Substantial economic hardship. If the commission denies an application for a certifi- cate of appropriateness, a property owner may apply for a certificate of economic hardship. The purpose of the certificate of economic hardship is to provide relief where the application of this chapter would otherwise impose a substantial economic hardship.

(2) Burden of proof. The burden of proof rests on the applicant to show that the denial of the certificate of appropriateness will result in a substantial economic hardship.

(3) Applications. The applicant shall provide such information as may reasonably be required by the commission to establish the owner's claim of substantial economic hardship. The data provided by the applicant must be substantiated by either professionals in an applicable field or by thorough documentation of how the informa- tion was obtained. The commission may request additional information from the applicant as necessary to make informed decisions. Certificates of economic hardship are granted only to the applicant and are not transferable.

(4) Standards for consideration. In making its determination, the commission may consider, but is not limited to, the following described factors, evidence, and testimony: a. Date property was acquired and status of the property under this ordinance at the time of acquisition, e.g., whether property was protected by this chapter, condition, etc. b. The structural soundness of the building, or any structures on the property and their suitability for rehabilitation. c. The current level of economic return on the property. d. The economic feasibility of rehabilitation or reuse of the existing property. e. The marketability of the property for sale or lease, considered in relation to any listing of the property for sale or lease, and the price asked and offers received, if any, within the previous two (2) years. This determination can include testimony and relevant documents regarding: 1. Any real estate broker or firm engaged to sell or lease the property; 2. Reasonableness of the price or rent sought by the applicant; and 3. Any advertisements placed for the sale or rent of the property by the owner or applicant.

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§ 2-77.20 ADMINISTRATION § 2-77.20

f. Comments and/or reports from any community organizations, preservation groups, other associations and private citizens that wish to comment on a submission made under the financial hardware provision. g. The extent to which the owner is responsible for his or her own economic hardship, if any, such as the owners failure to: 1. Perform normal maintenance and repairs; 2. The failure to diligently solicit and retain tenants; 3. The failure to prescribe a rental amount which is reasonable; 4. The failure to provide normal tenant improvements; and 5. The owner's purchase of the subject property after the enactment of the relevant provisions of this chapter without making said purchase contingent upon the owner's first obtaining the approvals required by this chapter. 5. Hearing. The commission shall hold a public hearing as soon as practical but not longer than forty-five (45) days of [after] receipt of a completed application for a certificate of economic hardship. Notice shall be provided in the same manner the commission uses for hearings on certificates of appropriateness. At the hearing, the commission shall take testimony presented by the owner and any other interested parties on the standards set forth above. The commission shall issue its decision within forty-five (45) days of the hearing. If the commission fails to timely hold a public hearing, or having conducted a hearing fails to render a decision within forty-five (45) days, the applications for a certificate of economic hardship shall be deemed granted. (6) Denial. If the commission determines to deny the application for a certificate of economic hardship, the applicant shall be notified in writing and shall be provided a copy of the commission final order. (7) Initial determination. If the commission makes an initial determination that the applicant has presented a case which may establish substantial economic hardship, but finds that reasonable alternatives may exist which should be addressed by the applicant, the commission may delay its final order for a period of no more than six (6) months. The applicant shall be notified of the initial determination and shall be provided a copy of the commission's findings and reasons for the postponement. (8) Postponement. Within the period of postponement, the commission, in cooperation with the city and the owner, may explore alternatives that will assure reasonable use of the property including, but not limited to, loans or grants from public or private sources, acquisition by purchase or eminent domain, building and safety code modifications to reduce cost of maintenance, restoration, rehabilitation or renovation, changes in applicable zoning regulations, or relaxation of the provisions of this chapter sufficient to allow reasonable use of the property. (9) Issuance of certificate. Upon the expiration of the period of postponement, the commission shall issue the certificate of economic hardship. The certificate may be subject to conditions including design guidelines for subsequent construction not

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§ 2-77.20 ADMINISTRATION § 2-77.21

inconsistent with the standards set forth in this chapter and the commission's design guidelines. The certificate of economic hardship shall be valid for a period of one hundred twenty (120) days from approval by the commission.

(q) Recording of applications for certificate of appropriateness. The commission shall keep a public record of all applications for certificates of appropriateness and of all the commission's proceedings in connection with said application.

(r) Certificate of appropriateness void if construction not commenced. A certificate of appropriateness shall become void unless construction is commenced within six (6) months of date of issuance. Certificates of appropriateness shall be issued for a period of eighteen (18) months and are renewable.

(s) Requirements of conformance with certificate of appropriateness.

(1) All work performed pursuant to an issued certificate of appropriateness shall conform to the requirements of such certificate. In the event work is performed not in accordance with such certificate, the commission shall issue a cease and desist order and all work shall cease. (2) The city council or the commission shall be authorized to institute any appropriate action or proceeding in a court of competent jurisdiction to prevent any material change in appearance of a designated historic property or historic district, except those changes made in compliance with the provisions of this article or to prevent any illegal act or conduct with respect to such historic property or historic district.

(t) Technical advice. The commission shall have the power to seek technical advice from outside its members on any application. (Ord. No. 2009-06, § V, 9-8-09)

§ 2-77.21. Maintenance of historic properties.

(a) Expedited review procedures for approval of routine maintenance. The commission may adopt expedited review procedures for approval of routine maintenance to historic properties or to buildings or structures in historic districts. Routine maintenance to historic properties includes ordinary maintenance or repair of any exterior architectural or environmental feature in or on a historic property to correct deterioration, decay or damage, or to sustain the existing form that does not involve a material change in design, material or outer appearance. Expedited review procedures shall waive the requirements for submission of an application for a certificate of appropriateness and for consideration at a public meeting.

(b) Failure to provide ordinary maintenance or repair. Property owners of historic proper- ties or properties within historic districts shall not allow their buildings to deteriorate by failing to provide ordinary maintenance or repair. The commission shall be charged with the following responsibilities regarding deterioration by neglect:

(1) The commission shall monitor the condition of historic properties and existing buildings in historic districts to determine if they are being allowed to deteriorate by

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§ 2-77.21 ADMINISTRATION § 2-79

neglect. Such conditions as broken windows, doors and openings which allow the elements and vermin to enter, the deterioration of exterior architectural features, or the deterioration of a building's structural system shall constitute failure to provide ordinary maintenance or repair. (2) In the event the commission determines a failure to provide ordinary maintenance or repair, the commission will notify the owner of the property and set forth the steps which need to be taken to remedy the situation. The owner of such property will have thirty (30) days in which to do this. (3) In the event that the condition is not met in thirty (30) days, the owners shall be punished as provided in this Code and, at the direction of the city council, the commission may perform such maintenance or repair as is necessary to prevent deterioration by neglect. The owner of the property shall be liable for the cost of such maintenance and repair performed by the commission. (Ord. No. 2009-06, § VI, 9-8-09)

§ 2-77.22. Building and zoning code provisions. Affirmation of existing building and zoning codes. Nothing in this division shall be construed as to exempt property owners from complying with existing city building and zoning codes, nor to prevent any property owner from making any use of his property not prohibited by other statutes, ordinances or regulations. (Ord. No. 2009-06, § VII, 9-8-09)

ARTICLE VI. EMPLOYEES

DIVISION 1. SOCIAL SECURITY

§ 2-78. Policy and purpose. It is the policy and purpose of the City of Fayette, Alabama, to extend, at the earliest date, to the employees and officials thereof, not excluded by law or by this article, and whether employed in connection with a governmental or proprietary function, the benefits of the system of Old Age and Survivor's Insurance as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734 of the 81st Congress. In pursuance of said policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Ord. of 3-5-51, § 1) State law reference—Code of Alabama, Tit. 55, §§ 476—483(2).

§ 2-79. Agreements. The mayor of the City of Fayette, Alabama, is hereby authorized and directed to execute all necessary agreements and amendments thereto with the state agency, authorized to act, to secure coverage of employees and officials as provided in this article. (Ord. of Mar. 5, 1951, § 2.)

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§ 2-80 ADMINISTRATION § 2-85

§ 2-80 Social Security - Withholdings

Withholdings from salaries or wages of employees or officials, for the purpose provided in this article, are hereby authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state or federal agency designated by said laws or regulations to receive such amounts. (Ord. of Mar. 5, 1951, § 3.)

§ 2-81 Social Security - Appropriations

There shall be appropriated from available funds such amounts at such times as may be required by applicable state or federal laws or regulations for employer's contributions, which shall be paid over to the state agency designated by such laws or regulations to receive same. (Ord. of Mar. 5, 1951, § 4.)

§ 2-82 Social Security - Records and Reports

The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. (Ord. of Mar. 5, 1951, § 5.)

§ 2-83 Social Security - Exclusion of Persons Otherwise Covered

There is hereby excluded from this article any authority to make any agreement with respect to any position or any employee or official now covered, or authorized to be covered, by any other ordinance or law creating any retirement system for any employee or official of the city. (Ord. of Mar. 5, 1951, § 6.)

§ 2-84 Social Security - Exclusion of Certain Officials and Employees

There is hereby excluded from this article any authority to make any agreement with respect to any position, or any employee or official, compensation for which is on a fee basis, or any position, or any employee or official not authorized to be covered by applicable state or federal laws or regulations. (Ord. of Mar. 5, 1951, § 7.)

Division 2 - Building and Electrical Inspectors; Police and Fire Fighters

§ 2-85 Building and Electrical Inspectors - Appointment

The office of building official and the office of electrical official are hereby created and the executive official in charge of each office shall be known as the building inspector and electrical inspector.

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§ 2-85 ADMINISTRATION § 2-90

The inspectors, hereinabove provided for, shall be appointed by the city council of the City of Fayette, Alabama. Their appointment shall continue during good behavior and satisfactory service.

During the temporary absence or disability of either the building inspector and/or the electrical inspector, the appointing authority shall designate an acting building inspector and/or electrical inspector. (Ord. of May 16, 1961, § 1; for duties of the building and electrical inspectors, see: this Code, chap. 4, Buildings.)

§ 2-86 Police and Fire Fighters - Outside Private Employment Restricted

No person, actively engaged in law enforcement or fire fighting activities of the City of Fayette, Alabama, shall accept outside employment with private employers without first obtaining special written permission from his supervisor and the mayor. (Res. of Dec. 16, 1974, § 1.)

§ 2-87 Police and Fire Fighters - Additional Public Employment Restricted

No person, actively engaged in law enforcement or fire fighting activities of the City of Fayette, Alabama, shall accept additional employment with the City of Fayette or with any other governmental agency without first obtaining special written permission from his supervisor and the mayor. (Res. of Dec. 16, 1974, § 2.)

§ 2-88 Police and Fire Fighters - Use of Identification Items Restricted

Persons, actively engaged in law enforcement or fire fighting activities of the City of Fayette, Alabama, are hereby prohibited from wearing city uniforms, badges, city issued side arms or any designation of the city, while working for a private employer, without first obtaining special written permission from his supervisor and the mayor. (Res. of Dec. 16, 1974, § 3.)

§ 2-89 Penalty for Violation

Any employee of the City of Fayette, Alabama, who violates any part of the next preceding sections, shall be subject to disciplinary action. (Res. of Dec. 16, 1974, § 5.)

§ 2-90 Police Department - Seven Day Work Period Established

There is hereby established a seven (7) day work period for all members of the Fayette Police Department who are actively engaged in law enforcement activities for the City of Fayette, Alabama. (Res. of Dec. 16, 1974, § 1.)

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§ 2-91 ADMINISTRATION § 2-93

§ 2-91 Fire Fighters - Seven Day Work Period Established

There is hereby established a seven (7) day work period for all members of the Fayette Fire Department who are actively engaged in fire fighting activities for the City of Fayette, Alabama. (Res. of Dec. 16, 1974, § 1.)

§ 2-92. Scale for payment of volunteer firemen.

A new scale for the payment of volunteer firemen is established as follows:

False Alarm - $2.00; Fire Drill - $3.00; Fire and Small Hose - $4.00; Fire and Large Hose - $6.00; and Fire after 9:00 p.m. - $8.00.

(Minutes of Oct. 17, 1978)

§ 2-93. Police reserve force.

(a) Establishment. As provided by § 11-43-210, Code of Alabama, 1975, a police reserve force, hereinafter called "reserve", is hereby established within the police department of the City of Fayette, Alabama.

(b) Qualifications. The reserve shall consist of not more than ten (10) members, all of whom are twenty-one (21) years of age or older. Any person desiring appointment to the reserve must submit a written application to the chief of police of the City of Fayette, Alabama, and pass a written police entrance exam, voice stress test analysis test, a physical agility test and background check.

(c) Appointment. Appointments to the reserve shall be made by the mayor with the consent of the council. Such appointments shall be for terms of two (2) years. Members of the reserve serve at the pleasure of the mayor, and may be removed with or without cause and without hearing, by the mayor.

(d) Supervision. The reserve shall function under the immediate direction of the chief of police, who shall provide for its organization and training. The chief of police is hereby authorized and directed to establish such rules and regulations as may be necessary for the efficient operation of the reserve.

(e) Equipment. Each member of the reserve shall be issued an identification card signed by the chief of police and the mayor. Members of the reserve shall carry this identification card with them at all times.

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§ 2-93 ADMINISTRATION § 2-93

(f) Duties. The duties of reserve officers are confined to the following:

(1) Patrol operation performed for the purpose of detection, prevention and suppression of crime or enforcement of traffic or highway laws of the state, provided the reserve law enforcement officer acts at all times under the direct control and supervision of a certified law enforcement officer.

(2) Traffic direction and control may be performed without direct supervision; provided, however, that supervisory control is exercised by a certified law enforcement officer whose total span of control would be considered within reasonable limits.

(3) Reserve officers may render crowd control assistance at public gatherings or municipal functions as directed by the municipality, provided supervisory control will be exercised by a certified law enforcement officer whose total span of control would be considered within reasonable limits.

For purposes of this section, the term "certified law enforcement officer" shall mean a municipal police officer who has completed the training requirements of the Alabama Peace Officers' Standards and Training Commission as set out in Article 3, Chapter 21, Title 36, Code of Alabama, 1975.

(g) Arrest powers. No member of the reserve shall have any authority to exercise any power of arrest unless he or she has completed the training requirements of the Alabama Peace Officers' Standards and Training Commission as set out in Article 3, Chapter 21, Title 36, Code of Alabama, 1975.

(h) Active duty. Members of the reserve shall be called to active duty by the police chief. The police chief shall inform the mayor of the members of the reserve called to active duty. All members of the reserve must work at least two (2) shifts per month.

(i) Weapons. No member of the reserve shall carry a weapon while on active duty unless the reserve officer has completed the training requirements as designated by the chief of police. The reserve officer also must have a valid pistol permit.

(j) Compensation. No member of the reserve shall receive compensation for the time they work.

(k) Violations.

(1) It shall be a misdemeanor for any person not a member of the reserve to wear, carry or display a reserve identification card, badge, or cap, or in any way to represent himself or herself to be connected with the reserve.

(2) It shall be a misdemeanor for any member of the reserve to loan, sell, lease, or otherwise permit any person not a member of the reserve to wear, carry, or display a reserve identification card, badge, or cap.

(3) It shall be a misdemeanor for any member of the reserve to assist any person not a member of the reserve to represent himself or herself as connected with the reserve.

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§ 2-93 ADMINISTRATION § 2-102

(l) Penalty. Any person found guilty of violating the provisions of subsection (k) of this section shall, upon conviction, be fined in an amount not exceeding five hundred dollars ($500.00), or sentenced to imprisonment for not exceeding six (6) months, either or both, at the discretion of the court trying the cause.

Additionally, any member of the reserve charged with violating paragraphs (2) and (3) of subsection (k) of this section shall be suspended from the reserve pending a determination of guilt. Suspended reserve members must surrender their identification card and badge to the chief of police. Reserve members who are convicted of violating paragraphs (2) and (3) of subsection (k) of this section shall immediately be removed from the reserve force. A person convicted of violating paragraphs (2) and (3) of subsection (k) of this section is not eligible for reappointment to the reserve. (Ord. No. 2008-004, §§ 1—12, 6-24-08)

§§ 2-94—2-100. Reserved.

DIVISION 3. PERSONNEL SYSTEM*

§ 2-101. Purpose.

There is hereby established a personnel system for the City of Fayette, Alabama. Such system shall be established on the following merit principles: (1) Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills. (2) Comparable pay for comparable work. (3) Training employees, as need to assure high quality performance. (4) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inadequate performance can not be corrected. (5) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, creed, national origin or ancestry, sex or religion. (Ord. No. 1990-2, § 1, 4-16-90)

§ 2-102. Exceptions.

The personnel system shall include all employees serving in continuing positions in the municipality except the following:

(1) Members of the municipal governing body and other elected officials.

*Editor’s note—In as much as Ord. No. 1990-2, adopted April 16, 1990, did not specify manner of codification, said provisions have been designated as Chapter 2, Division 3, substantive sections being §§ 2-101—2-106, at the discretion of the editor.

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§ 2-102 ADMINISTRATION § 2-106

(2) Members of appointed boards and commissions, municipal judges and municipal attorneys.

(3) Persons employed to work less than full-time.

(4) Administrative officials appointed by the mayor and/or municipal governing body.

(5) Volunteer personnel who receive no regular compensation from the municipality.

(6) Temporary positions scheduled for less than one year's duration unless specifically covered by the action of the mayor and municipal council.

(7) Persons performing work under contract for the municipality who are not carried on the payroll as employees.

Nothing herein shall be constructed as precluding the mayor and/or municipal governing body from filling any excepted position in the manner in which positions in the personnel system are filled. (Ord. No. 1990-2, § 2, 4-16-90)

§ 2-103. Personnel officer.

The city clerk is hereby designated to perform the duties of the personnel officer. He may have other staff members designated to assist him or may designate any member of his staff to assist him. (Ord. No. 1990-2, § 3, 4-16-90)

§ 2-104. Duties of personnel officer.

The personnel officer shall be responsible for the personnel administration system and shall establish and maintain personnel records. (Ord. No. 1990-2, § 4, 4-16-90)

§ 2-105. Preparation of personnel rules and regulations..

The personnel officer shall not more than ninety (90) days after the effective date of this division, draft or cause to be drafted, personnel rules and regulations for the municipality. Such rules shall become effective upon passage of an appropriate ordinance by the municipal governing body. (Ord. No. 1990-2, § 5, 4-16-90)

§ 2-106. Payroll verification.

The personnel officer or his authorized agent shall be responsible for the certification of the payroll vouchers that the persons named therein have been appointed and employed in accordance with the provisions of this division and the policies thereunder. (Ord. No. 1990-2, § 6, 4-16-90)

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§ 2-107 ADMINISTRATION § 2-112

§ 2-107. Drug and alcohol policy.

Resolution No. 1995-08, sections 1 through 11, adopted December 18, 1995, provided for a drug and alcohol policy for the City of Fayette, Alabama, is incorporated herein by reference as if fully set out, and is on file in the office of the city clerk. (Res. No. 1995-08, 12-18-95)

§ 2-108—2-110. Reserved.

DIVISION 4. DRUG-FREE WORKPLACE POLICY*

§ 2-111. Cause.

The City Council of the City of Fayette, Alabama, does hereby ascertain and declare that drug abuse and use at the workplace are subjects of immediate concern in our society. These problems are extremely complex and ones for which there are no easy solutions. From a safety perspective, the user of drugs may impair the well-being of all employees, the public at large, and result in damage to city property. (Ord. No. 1989-3, § 1, 10-2-89)

§ 2-112. Policy.

It is therefore the policy of the city that the unlawful manufacture, distribution, dispensa- tion, possession, or use of a controlled substance on city property or other public place is prohibited. Any employees violating this policy will be subject to discipline up to and including termination. The specifics of this policy are as follows:

(1) The city does not differentiate between drug users and drug pushers or sellers. Any employee who illegally gives or in any way transfers an illegal controlled substance to another person or manufactures an illegal substance while on the job or on city premises will be subject to discipline up to and including termination.

(2) The term "controlled substance" means any drug listed in 21 U.S.C. Sec. 812 and other federal regulations and under the Alabama Uniform Controlled Substances Act, Section 20-2-1, et seq., 1975 Code of Alabama. Generally, these are drugs which have a high potential for abuse. Such drugs include, but are not limited to, Heroin, Marijuana, Cocaine, PCP, and "Crack". They also include "legal drugs" which are not prescribed by a licensed physician.

(3) Each employee is required to inform their immediate supervisor five (5) days after he/she is convicted for violation of any federal or state criminal drug statute where

*Editor’s note—Inasmuch as Ord. No. 1989-3, adopted Oct. 2, 1989, did not specify manner of codification, said provisions have been designated as Article IV, Division 4, substantive sections being §§ 2-111—2-113, at the discretion of the editor.

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§ 2-112 ADMINISTRATION § 2-113

such violation occurred on city premises. A conviction means finding of guilt (including a plea of nolo contendere) or the imposition of a sentence by a judge or jury in any federal or state court. (4) The mayor or his designee must notify the U.S. government agency with which any contract has been made within ten (10) days after receiving notice from the employee or otherwise receives actual notice of such a conviction. (5) If any employee is convicted of violating any criminal drug statute while on the job on city property, he/she will be subject to discipline up to an including termination. Alternatively, the city may require the employee to successfully finish a drug abuse program sponsored by an approved private or governmental institution. (6) As a condition of further participation in a federal government contract, the law requires all employees to abide by this policy. (Ord. No. 1989-3, § 2, 10-2-89)

§ 2-113. Training for supervisory personnel. The mayor is hereby authorized, empowered and directed to enter into an agreement with the Northwest Alabama Mental Health Center to provide training to all supervisory personnel on the skills needed to act on the signs and symptoms of drug abuse and to provide assessment and treatment services to all employees, of the city. (Ord. No. 1989-3, § 3, 10-2-89)

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Chapter 3

ANIMALS AND FOWL

ARTICLE I. BIRD SANCTUARY § 3-1. Established. § 3-2. Restrictions, exception. § 3-3. Destruction of nuisance. § 3-4. Penalty for violation.

ARTICLE II. ANIMALS—PROHIBITED ACTS § 3-5. Cruelty to animals prohibited. § 3-6. Maliciously killing or injuring animals or property of another prohibited; penalty. § 3-7. Malicious killing or maiming animals of another prohibited; penalty. § 3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty. § 3-9. Disposing of dead animals; penalty. § 3-9.1. Keeping of swine; penalty.

ARTICLE III. DOG AND CAT REGULATIONS § 3-10. Definitions. § 3-11. Inoculation and inoculation tag required generally. § 3-12. Inoculation tag required on dogs and cats at large. § 3-13. Impounding of dogs and cats generally. § 3-14. Appointment of animal control officer and assistants. § 3-15. Dog or cat on premises other than own. § 3-16. Officer authorized to go on premises. § 3-17. Rabid dogs or cats. § 3-17.1. Impoundment of dog or cat which has bitten a person. § 3-17.2. Reserved. § 3-17.3. Reserved. § 3-17.4. Reserved. § 3-17.5. Keeping of more than three dogs. § 3-17.6. Abandonment of dog or cat. § 3-17.7. Penalties; fines and payment of expenses. § 3-17.8. Severability. § 3-17.9. Tethering near property line. § 3-17.10. Barking or howling dogs.

ARTICLE IV. ANIMALS AND FOWL RUNNING AT LARGE

DIVISION 1. ANIMALS RUNNING AT LARGE § 3-18. Unlawful to allow diseased stock to run at large; penalty. § 3-19. Unlawful for stock to run at large. § 3-20. Unlawful to stake, tie or picket stock on public property or property of another.

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ANIMALS AND FOWL

§ 3-21. Stock running at large—To be sold to highest bidder. § 3-22. Same—Fees to be paid. § 3-23. Penalty for violation.

DIVISION 2. FOWL RUNNING AT LARGE § 3-24. Unlawful to allow fowl to run at large. § 3-25. "Fowl" defined. § 3-26. Procedure for taking up fowl found at large. § 3-27. Ascertaining damages of fowl at large. § 3-28. When judgment is against complainant. § 3-29. Rights of person taking up fowl at large. § 3-30. Settlement; trial, appeal. § 3-31. Fowl found at large; when to be sold. §§ 3-32—3-39. Reserved.

ARTICLE V. DANGEROUS ANIMALS AND PROHIBITED ANIMALS

DIVISION 1. DANGEROUS ANIMALS § 3-40. Definition of dangerous animal. § 3-41. Prohibition on dangerous animals. § 3-42. Exceptions. § 3-43. Exceptions for dangerous animal. § 3-44. Permit and registration requirements for dangerous animals. § 3-45. Notice of keeping dangerous animals. § 3-46. Seizure and impounding of dangerous animals. § 3-47. Impoundment. § 3-48. Redemption of impounded animals by owner. § 3-49. Fees and charges. § 3-50. Destruction of animals authorized. § 3-51. Permit required. § 3-52. Issuance of permit. § 3-53. Application for permit. § 3-54. Term and renewal of permits. § 3-55. Revocation and suspension of permits. § 3-56. Costs paid by owner. § 3-57. Failure to comply. § 3-58. Violations and penalties. § 3-59. Severability. §§ 3-60—3-69. Reserved.

DIVISION 2. PROHIBITED ANIMALS § 3-70. Prohibited animals. § 3-71. Prohibition. § 3-72. Exception. § 3-73. Failure to comply. § 3-74. Violations and penalties.

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§ 3-1 ANIMALS AND FOWL § 3-5

ARTICLE I. BIRD SANCTUARY

§ 3-1. Established.

The entire area embraced within the corporate limits of the City of Fayette, Alabama, be and the same is hereby designated as a bird sanctuary. (Ord. of 2-19-68, § 1)

§ 3-2 Bird Sanctuary - Restrictions, Exception

It shall be unlawful to trap shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests; provided, however, if starlings or similar birds are found to be congregating in such numbers in a particular locality that they constitute a nuisance or menace to health or property in the opinion of the health authorities of the City of Fayette, Alabama, then in such event, such health authorities shall meet with the representatives of the Fayette Garden Club, after having given at least three (3) days' actual notice of the time and place of said meeting to the representatives of said club. (Ord. of Feb. 19, 1968, § 2.)

§ 3-3 Bird Sanctuary - Destruction of Nuisance

If, as a result of said meeting, no satisfactory alternative is found to abate such nuisance, then said birds may be destroyed in such numbers and in such manner as is deemed advisable by said health authorities under the supervision of the chief of police of the City of Fayette, Alabama. (Ord. of Feb. 19, 1968, § 3.)

§ 3-4 Penalty for Violation

Anyone violating the provisions of this article shall be punished by a fine of not less than one ($1.00) dollar and not more than two hundred ($200.00) dollars or imprisoned for a term not exceeding thirty (30) days. (Ord. of Feb. 19, 1968, § 4.)

ARTICLE II - ANIMALS - PROHIBITED ACTS

§ 3-5 Cruelty to Animals Prohibited

Any person who overrides, overdrives, overloads, tortures, torments, mutilates, deprives of necessary sustenance, or cruelly kills, beats, bruises, wounds, causes or procures to be overridden, overdriven, overloaded, driven while overloaded, cruelly beaten, mutilated or cruelly killed, any domestic animal whether belonging to himself or another, or any person, either as owner or otherwise, who inflicts unnecessary cruelty upon the same, or upon any living creature, or who uses, works, rides, or employs, in any manner, any bruised, maimed, sick or lame beast of burden or working animal, or who fails to provide any domestic animal

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§ 3-5 ANIMALS AND FOWL § 3-9.1

with proper food, drink or protection from the weather, must, on conviction, be fined not less than one ($1.00) dollar nor more than five hundred ($500.00) dollars. (Code of Fayette, 1919, § 414; for similar state law, see: Code of Alabama, § 3-1-12.)

§ 3-6 Maliciously Killing or Injuring Animals or Property of Another Prohibited; Penalty

Any person, within the corporate limits of the City of Fayette, who unlawfully and maliciously kills, disables, disfigures, destroys or injures any animal, or article, or commodity of value, the property of another, must, on conviction, be fined not more than five hundred ($500.00) dollars; and so much of the fine as may be necessary to repair the injury or loss shall go to the party damaged. (Code of Fayette, 1919, § 433.)

§ 3-7 Malicious Killing or Maiming Animals of Another Prohibited; Penalty

Any person, within the corporate limits of the City of Fayette, who unlawfully or wantonly kills, disables, disfigures, destroys or injures any horse, mare, gelding, colt, filly, mule, jack, jenny, bull, ox, cow, calf, heifer, hog, goat, or sheep, the property of another, must, on conviction, be fined not less than twice the value of the injury to the animal killed, disabled, disfigured, destroyed or injured, nor more than five hundred ($500.00) dollars; and one half (1/2) of the fine imposed shall go to the owner of the property. (Code of Fayette, 1919, § 434; for similar state law, see: Code of Alabama, § 3-1-10.)

§ 3-8. Bringing in animals afflicted with contagious diseases prohibited; penalty.

Any person who knowingly brings into the city any horse or mule having glanders, nasal gleet, or other infectious or contagious diseases whereby the health or life of any other horse or mule shall be endangered must, on conviction, be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00). (Code of Fayette, 1919, § 415)

§ 3-9. Disposing of dead animals; penalty.

Any person who throws or otherwise conveys any offal, or dead animal or fowl on any lot, house, street, or alley within the city, thereby creating an offensive odor, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one dollar ($ 1.00), and not more than fifty dollars ($50.00). (Code of Fayette, 1919, § 370)

§ 3-9.1. Keeping of swine; penalty.

(a) Unlawful. It shall be unlawful for any person to keep swine, pigs, hogs, shoalts or animals of like kind within the corporate limits of the city. This section, however, shall not prevent the temporary presence of such animals within the city in connection with fairs, exhibits, festivals and similar purposes.

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§ 3-9.1 ANIMALS AND FOWL § 3-11

(b) Penalty. A violation of any of the provisions of this section by any person constitutes a misdemeanor. Any person who shall violate any of the provisions of this section shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced to jail or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court. (Ord. No. 1988-04, §§ 1, 2, 12-19-88) Editor’s note—Ord. No. 1988-04, §§ 1, 2, adopted Dec. 19, 1988, did not specifically amend the Code, hence inclusion herein as § 3-9.1 was at the discretion of the editor.

ARTICLE III. DOG AND CAT REGULATIONS*

§ 3-10. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animal: Any animal including, but not limited to, any cow, horse, sheep, hog, goat, dog, cat, reptile or fowl, unless otherwise specifically excluded.

Animal shelter: The place designated or used as such by the city for the maintenance and operation of a pound.

At large: Any animal which is off the property of its owner and not carried by such person, or any animal not kept in an effective enclosure or under control by such person by means of a leash in such a way as to prevent its free movement, and so as to prevent the animal from freely charging or attacking persons or animals.

Cat: All members of the domestic feline family.

Dog: All members of the domestic canine family.

Owner: Any person owning, harboring, keeping or having charge, custody, control or possession of an animal within the city, and all the adult members of the household where an animal is regularly kept or allowed or suffered to remain on or about the premises. (Ord. No. 1986-03, § 1, 4-7-86; Ord. No. 1988-03, § 1, 10-3-88; Ord. No. 2001-07, § 2, 5-3-01; Ord. No. 2009-02, § 1, 6-9-09)

§ 3-11. Inoculation and inoculation tag required generally,

(a) It shall be unlawful for any person to own, possess, keep or harbor a dog or cat three (3) months of age or older within the city without having such dog or cat inoculated annually against rabies, as required by § 3-7A-1 et seq., Code of Alabama, 1975.

*Editor’s note—Ord. No. 1986-03, §§ 1—15, adopted April 7, 1986, did not specifically amend the Code, but has been included herein as superseding Ch. 3, Art. III, at the discretion of the editor. Prior to codification of Ord. No. 1986-03, Ch. 3, Art. III derived from Code of Fayette, 1919, §§ 230—232, 424, 435; Ord. of 9-2-57, amd. 4-17-67, § 1 and Ord. of 9-2-57, § 2.

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§ 3-11 ANIMALS AND FOWL § 3-14

(b) Every dog or cat over the age of three (3) months shall wear a substantial, durable collar or harness, to which the inoculation tag shall be attached. It shall be unlawful to attach such tag by wire, rope or other inhumane means. No person shall remove the collar or harness or inoculation tag, or either from any dog or cat without the consent of its owner. (c) It shall be unlawful for any person to permit or allow any dog or cat in his charge or control to wear a dog or cat inoculation tag issued for a different dog or cat. (Ord. No. 1986-03, § 2, 4-7-86; Ord. No. 2001-07, § 3, 5-3-01)

§ 3-12. Inoculation tag required on dogs and cats at large.

It shall be unlawful for any person to permit to run or be upon a street, alley, sidewalk, thoroughfare or public place within the city, unless secured by a suitable leash, any dog or cat which does not have attached to it a dog or cat inoculation tag, as required by section 3-11. Nothing contained in this section shall be construed as permitting any such dog or cat, whether tagged or untagged, to become a nuisance or to run at large upon the premises of any person other than the owner thereof. (Ord. No. 1986-03, § 3, 4-7-86; Ord. No. 2001-07, § 4, 5-3-01)

§ 3-13. Impounding of dogs and cats generally.

Any dog or cat found at large on any street, alley, sidewalk, thoroughfare or public place in the city which does not have attached to it an inoculation tag duly issued for it for the then current year, is hereby declared to be a public nuisance, and it shall be the duty of the animal control officer, to take up and impound every such dog and cat. Any such dog or cat, so impounded, may be redeemed from the pound by the owner thereof within seven (7) days from impoundment thereof, by paying to the pound the costs of keeping such dog or cat in the pound, at the rate of seven dollars ($7.00) per day. Every such dog or cat which has remained in a pound for seven (7) days and which has not been redeemed or retaken by the owner within such time may be placed with or adopted by a third person. No notice of the impounding of any dog or cat shall be required to be given to any owner of any such dog or cat or to the person having control thereof unless such owner or person having charge or control is known or unless such dog or cat bears an identification tag, and in either event immediate notice shall be given to the owner of such dog or cat if he or she may be found, which notice shall be given before such dog or cat may be destroyed in a humane way. No such dog or cat shall be released from a pound, either to the owner or to the adoptee, unless and until the same shall have been inoculated, as prescribed by section 3-11 of this article. Dogs or cats not redeemed, placed or adopted as herein provided shall be destroyed by the animal control officer in a humane manner. Diseased or injured dogs or cats impounded under this section shall be destroyed by the animal control officer in a humane manner without delay. (Ord. No. 1986-03, § 4, 4-7-86; Ord. No. 2001-07, § 5, 5-3-01)

§ 3-14. Appointment of animal control officer and assistants.

The city council shall appoint an animal control officer. The city council, in its discretion, may appoint as animal control officer the chief of police or some other person already in the

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§ 3-14 ANIMALS AND FOWL § 3-17.1

employ of the city or it may contract with a private individual or corporation to provide the services of animal control officer and to provide a facility in which to impound dogs and cats. The city council may appoint such additional persons as his assistants as may be required. (Ord. No. 1986-03, § 5, 4-7-86; Ord. No. 2001-07, § 6, 5-3-01)

§ 3-15. Dog or cat on premises other than own.

Any dog or cat whether wearing a tag or not, which is found upon the premises of a person other than the owner or keeper thereof, shall, at the request of the owner of such premises, being impounded by the animal control officer or his assistants, and the owner thereof, if known, shall be notified of such impoundment. Such dog or cat may be redeemed upon payment of cost of keeping the dog or cat. If not redeemed by the owner thereof within seven (7) days, the dog or cat shall be subject to disposition as provided for in section 3-13 of this article. (Ord. No. 1986-03, § 6, 4-7-86; Ord. No. 2001-07, § 7, 5-3-01)

§ 3-16. Officers authorized to go on premises.

The animal control officer, his assistants or any police officer of the city shall have the right for the public health, welfare and safety, to enter upon any property within the city for the purposes of capturing any dog or cat running at large or capturing any dog or cat upon written complaint that such dog or cat has bitten a human being, or capturing any vicious dog, or capturing any rabid dog or cat. It shall be unlawful for any person to hinder, molest or interfere with any such officer who is authorized or empowered to perform any duty under this article. (Ord. No. 1986-03, § 7, 4-7-86; Ord. No. 2001-07, § 8, 5-3-01)

§ 3-17. Rabid dogs or cats.

When any dog or cat is apparently suffering from rabies, the animal control officer or any police officer may lawfully destroy such dog or cat in a humane manner wherever such dog or cat is apprehended, without the necessity of impounding the same. (Ord. No. 1986-03, § 8, 4-7-86; Ord. No. 2001-07, § 9, 5-3-01)

§ 3-17.1. Impoundment of dog or cat which has bitten a person.

Whenever the police department, animal control officer, his assistants or rabies inspector shall receive information that any person has been bitten by a dog or cat, the police department, rabies inspector or animal control officer or his assistants shall have the said dog or cat confined under the direct care, custody and control and supervision of a licensed veterinarian for a period of ten (10) days. It shall be unlawful for any person having knowledge that any person has been bitten by any such dog or cat to refuse to notify promptly one (1) or more of the officers mentioned in this section. It shall be unlawful for the owner of any such dog or cat to refuse or fail to comply with any said recommendation made by the animal control officer, rabies inspector or police department in any particular case. It shall be unlawful for the owner of such dog or cat to refuse to deliver possession of any such dog or cat to any of said officers demanding possession of said dog or cat, and the police department, rabies inspector

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§ 3-17.1 ANIMALS AND FOWL § 3-17.5

or animal control officer shall have the right to go upon the premises of the owner of the dog or cat and forcibly take said dog or cat and place said dog of cat with a licensed veterinarian. Any expenses incurred in the handling of any such dog or cat, including the fees of the licensed veterinarian and board of said dog or cat, shall be borne by the owner, and said dog or cat shall not be returned to the owner until said fees are paid to said licensed veterinarian; if the owner refused to pay said fees to the licensed veterinarian and said dog or cat is determined not to be rabid by the licensed veterinarian, the said veterinarian shall deliver said dog or cat to the pound pen and said dog or cat shall not be delivered or returned to the owner until all fees and expenses have been collected. If the owner neglects, fails or refuses to pay said fees, the said dog or cat shall be disposed of as provided for in section 3-13 of this article. The veterinarian under whose care a dog or cat has been committed shall report the results of his observations of said dog or cat to the person bitten or his physician or, in the case of a minor, to the parent or physician of the minor, or custodian or guardian of the minor. (Ord. No. 1986-03, § 9, 4-7-86; Ord. No. 2001-07, § 10, 5-3-01)

§ 3-17.2. Reserved.

Editor’s note—Section 2 of Ord. No. 2009-02, adopted June 9, 2009, deleted § 3-17.2, which pertained to vicious or dangerous dogs generally and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See § 3-44 for similar provisions.

§ 3-17.3. Reserved.

Editor’s note—Section 3 of Ord. No. 2009-02, adopted June 9, 2009, deleted § 3-17.3, which pertained to enclosures for vicious or dangerous dogs—posting of premises, and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; and Ord. No. 1988-03, adopted Oct. 3, 1988. See § 3-44 for similar provisions.

§ 3-17.4. Reserved.

Editor’s note—Section 4 of Ord. No. 2009-02, adopted June 9, 2009, deleted § 3-17.4, which pertained to enclosure for vicious or dangerous dogs—authority of police chief and police officers when enclosures are determined to be inadequate, and derived from Ord. No. 1986-03, adopted Apr. 7, 1986; Ord. No. 1988-03, adopted Oct. 3, 1988; and Ord. No. 2001-07, adopted May 3, 2001. See § 3-44 for similar provisions.

§ 3-17.5. Keeping of more than three dogs.

It shall be unlawful for a person, firm or corporation to keep more than three (3) dogs within a pen or enclosure within any R-1, R-2 or R-3 Residential District, or R-4 Mobile Home Subdivision District or a RMH-1 Mobile Home Park District as zoned by the planning commission of the City of Fayette, except that they may be kept in any zoning district in a pen or enclosure which is at least three hundred (300) feet from any residence or private home other than owner or keeper. (Ord. No. 1986-03, § 13, 4-7-86)

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§ 3-17.6 ANIMALS AND FOWL § 3-17.10

§ 3-17.6. Abandonment of dog or cat.

It shall be unlawful for any person to abandon or set loose any dog or cat within the City of Fayette with the intention of avoiding the responsibility of the custody or care of such animal. (Ord. No. 1986-03, § 14, 4-7-86; Ord. No. 2001-07, § 12, 5-3-01)

§ 3-17.7. Penalties; fines and payment of expenses.

(a) A violation of any of the provisions of this article by any person shall constitute a misdemeanor. Any person who shall violate any of the provisions of this article shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) and may be imprisoned or sentenced to jail or hard labor for a period not exceeding six (6) months, or both, at the discretion of the court.

(b) Any person found guilty of violating this article shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of any dog or cat for the protection of the public, and such other expenses as may be required for the destruction of any such dog or cat.

(c) The provision of this article shall not have applicability to dogs while engaged in police service training at a recognized and duly licensed facility and under supervision of professional instructors. (Ord. No. 1986-03, § 15, 4-7-86; Ord. No. 1988-03, § 5, 10-3-88; Ord. No. 2001-07, § 13, 5-3-01)

§ 3-17.8. Severability.

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court, such a decision shall not affect the validity of the remaining portions of this article. (Ord. No. 1988-03, § 6, 10-3-88)

§ 3-17.9. Tethering near property line.

It shall be unlawful for the owner of any dog to tie, chain or tether such dog that it has access to public property or the property of another without the consent of the owner or person in charge of such property. (Ord. No. 2000-07, § 1, 6-21-00)

§ 3-17.10. Barking or howling dogs.

It shall be unlawful for the owner of any dog kept within the city to allow the loud and frequent, or continued, barking, howling or yelping of such dog to continue for any interval of ten (10) minutes or more between the hours of 6:00 p.m. and 6:00 a.m., or to allow such barking, howling or yelping to repeatedly awaken any neighbor from sleep at any time, or to

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§ 3-17.10 ANIMALS AND FOWL § 3-21

allow such barking, howling or yelping to repeatedly interfere with the lawful right of any neighbor to enjoy the use of such neighbor's premises for social, recreational or business purposes. (Ord. No. 2000-07, § 2, 6-21-00)

ARTICLE IV. ANIMALS AND FOWL RUNNING AT LARGE

DIVISION 1. ANIMALS RUNNING AT LARGE

§ 3-18. Unlawful to allow diseased stock to run at large; penalty.

Any person being the owner of, or having in his control, any animal diseased with glanders, distemper or other contagious disease, who allows such animal to go at large in the city shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one dollar ($1.00) and not more than fifty dollars ($50.00). (Code of Fayette, 1919, § 367)

§ 3-19. Unlawful for stock to run at large.

It shall be unlawful for horses, mules, jacks, jennets, mares, colts, cows, calves, bulls, yearlings, sheep, oxen, goats, kids, or hogs to go at large within the corporate limits of the city. (Code of Fayette, 1919, § 377) State law reference—Similar provisions, Code of Alabama, § 3-5-2.

§ 3-20. Unlawful to stake, tie or picket stock on public property or property of another.

It shall be unlawful to stake, tie, or picket any horse, mule, jack, jennet, mare, colt, cow, calf, bull, yearling, sheep, ox, goat, kid, or hog, on any street, sidewalk, public property, or property owned by another within the corporate limits of the city for the purpose of grazing such animals, and any animal so tied, staked, or picketed shall be deemed to be at large. (Code of Fayette, 1919, § 378)

§ 3-21. Stock running at large—To be sold to highest bidder.

It shall be the duty of the chief of police to take possession of any such stock running at large and to immediately notify the owner or person, if known, having control of same, who may reclaim the same any time before a sale thereof by paying the fees and costs hereinafter provided for. The chief of police shall immediately advertise and sell any such stock so taken possession of, and such advertisement shall be by posting notices in three (3) public places in the city for at least three (3) days before the sale, and all sales hereunder shall be to the highest bidder for cash. (Code of Fayette, 1919, § 379)

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§ 3-22 ANIMALS AND FOWL § 3-26

§ 3-22. Same—Fees to be paid.

The chief of police shall be entitled to a fee as provided by the council for each such animal so taken by him and for each day he retains such animal in his possession, which shall be paid by the owner when reclaimed; otherwise, out of the proceeds of the sale thereof. The proceeds of the sale of such stock over and above the aforementioned fees shall be turned over to the owner, if known; otherwise, it shall be turned over to the city treasurer, and after the lapse of six (6) months, if not demanded by the owner, shall become the absolute property of the city. (Code of Fayette, 1919, § 380)

§ 3-23. Penalty for violation.

Any person being the owner or having under his control any stock mentioned in the preceding sections hereof, who knowingly permits any such stock to go at large within the corporate limits of the city, shall be fined not less than one dollar ($1.00), and not more than ten dollars ($10.00). (Code of Fayette, 1919, § 381)

Division 2 - Fowl Running at Large

§ 3-24 Unlawful to Allow Fowl to Run at Large

It shall be unlawful for the owner of any chicken, guinea, turkey, goose or duck, to knowingly, voluntarily, negligently, or willfully permit any such fowls to go at large on the premises of another, within the corporate limits of the City of Fayette, Alabama. The owner of such fowls so permitted to run at large shall be liable to any person injured thereby for all damages done to crops, gardens, vegetables, shade or fruit trees, grass, flowers or ornamental shrubs of another, to be recovered before the Recorder of the City of Fayette, Alabama, and the judgment of the Recorder against the owner of such fowl so depredating shall be a lien superior to all liens on the fowls causing the injury, in addition to other execution and judgment liens prescribed by law or ordinance. (Code of Fayette, 1919, § 315.)

§ 3-25 Fowl - Defined

The term "fowl" or "fowls" where it appears in this Code shall be held to include chicken, geese, turkeys, ducks and guineas. The terms, "chicken, turkey, geese, ducks and guineas," shall be held to include male and female and to include all ages of said chicken, geese, turkeys, guineas and ducks. (Code of Fayette, 1919, § 321.)

§ 3-26 Procedure for Taking Up Fowl Found at Large

Any person who is the owner of or in lawful possession of any land, or his agent, shall have the right to take possession of any chicken, guinea, turkey, goose or duck found at large and uncontrolled on his premises, or premises of which he has charge, and when so taken up, he

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§ 3-26 ANIMALS AND FOWL § 3-29

shall notify personally the owner of such fowls, when known, or by leaving a written notice at the usual place of residence of such owner, within twelve (12) hours after taking up such fowls. If the owner is unknown, the person taking up the fowl or fowls shall, within twenty (24) four hours after so taking up the fowl or fowls, file a statement in writing with the Recorder of the City of Fayette setting forth:

a. The name of the person taking up the fowl or fowls;

b. A description of the fowls as to kind, sex, color and apparent age and where taken up; and

c. The amount of charges claimed for taking up and caring for the fowls. (Code of Fayette, 1919, § 316.)

§ 3-27 Ascertaining Damages of Fowl at Large

The Recorder shall thereupon immediately proceed to inquire and ascertain the amount of such damages and charges, and if he shall ascertain and determine that such fowls were unlawfully at large on the premises of another, he shall make and enter on his docket an order in substance as follows:

It appears on the complaint of A. B. that a chicken (guinea, turkey, goose or duck as the case may be) was unlawfully on the premises or land of A. B. (or C. S. as the case may be), and that the owner thereof is unknown and that such fowl has damaged the crop (garden, vegetables, shade trees, or fruit trees, grass, flowers, or ornamental shrubbery) of A. B. (or C. D.) to the amount of ...... dollars, and that the said A. B. is entitled to ...... dollars for taking up and caring for said fowl, and that the said fowl be sold for the satisfaction thereof. (Code of Fayette, 1919, § 317.)

§ 3-28 When Judgment is Against Complainant

If, upon the trial of any suit or proceeding brought hereunder, it is ascertained and adjudged by the Recorder that the fowl taken up by the party complaining was not unlawfully at large upon the premises of another, he shall render a judgement directing that such fowl or fowls be discharged, and tax the party complaining with all the costs. (Code of Fayette, 1919, § 318.)

§ 3-29 Rights of Person Taking Up Fowl at Large

The person taking up such fowl or fowls shall be entitled to the possession thereof until the judgment which may be recovered as herein provided is paid, together with the costs of the same, and the cost of keeping and caring for after such judgment, or until the same is sold under execution to satisfy said judgment, or until the damage, which may be ascertained as hereinafter provided, be paid. (Code of Fayette, 1919, § 319.)

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§ 3-30 ANIMALS AND FOWL § 3-31

§ 3-30 Settlement; Trial; Appeal

The owner of any fowl or fowls which have been seized, as provided herein, shall have the right to the possession of the same by paying such judgment and cost thereof, or by paying the damages, fees, costs and expenses due on account of such seizure to the person so seizing such fowl or fowls; but should the parties be unable to agree upon the amount of damages, fees, costs and expenses due, either party shall have the right to go before the Recorder of the City of Fayette, Alabama, where such fowl or fowls are taken up, and have the issue tried instantly, or as soon as practicable, on a written statement or complaint setting forth in substance the facts of such seizure, first giving the opposite party six (6) hours notice thereof, and said issue shall involve the validity of such seizure, and the amount of damages, fees, costs and expenses, under the provisions of this article. The judgment of said Recorder shall have all the force and effect of a judgment in any other case at law, and be executed in the same manner as judgments of justice courts is enforced under the laws of the State of Alabama. The owner of such property so taken up may give bond in double the value of the same, payable to the person so taking up said property, to be approved by the Recorder before whom the proceedings are pending, conditioned to deliver the property to the chief of police or other legal officer having the writ of execution or order of sale issued on such judgment to satisfy such judgment rendered in said cause, within five (5) days after such judgment to satisfy such judgment as to damages and costs.

If, upon the trial, it is shown that the owner of said fowl or fowls tendered to the plaintiff a full and fair compensation for the damages before the suit, and pays the same to the court, then the suit shall be dismissed at the costs of the plaintiff. On the trial of such issues, the party taking up such fowls shall be the plaintiff in the action. In case the owner is unknown, the Recorder shall determine the validity of the seizure and the amount of the damages, fees, costs and expenses, under the provisions of this article, from such evidence as shall be adduced before him. The fees and costs of the Recorder and policeman shall be the same as the fees and costs in courts of the State of Alabama, under the general laws for like services. From any judgment rendered by the Recorder, under the provisions of this article, an appeal may be taken to the circuit court within Fayette County, Alabama, within five (5) days from the rendition of such judgments. (Code of Fayette, 1919, § 320.)

§ 3-31 Fowl Found at Large - When to be Sold

If the owner or his agent shall not, under the provisions of this article, when he has made no bond as above provided, reclaim his fowl or fowls in twelve (12) hours after the Recorder shall have ascertained such damages, then the Recorder shall order the same sold by the policeman of the city, or by some one appointed to act as such, and the policeman or person appointed to act as such, upon the making of such order shall sell the same upon giving one day's notice of such sale by posting a written or printed notice at three (3) public places in the City of Fayette, one of which places shall be the post office, and, out of the proceeds, pay the expenses of such sale and of taking up and of the fees and damages due the plaintiff and of

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§ 3-31 ANIMALS AND FOWL § 3-40

making the order of sale and the keeping and caring for, and the order of condemnation, and the balance must be paid to the owner of such fowl or fowls, if known, and if not known then into the city treasury. (Code of Fayette, 1919, § 321.)

§§ 3-32—3-39. Reserved.

ARTICLE V. DANGEROUS ANIMALS AND PROHIBITED ANIMALS

DIVISION 1. DANGEROUS ANIMALS

§ 3-40. Definition of dangerous animal.

For the purposes of this chapter "dangerous animal" means and includes: (1) Any dog or cat which has a disposition, propensity or tendency to attack or bite any person or domesticated animal without provocation; or cause injury or otherwise endanger the safety of any person or other domesticated animal as evidenced by its repeated chasing or snapping. Any dog that has been trained for fighting or is kept primarily for the purpose of fighting. For the purposes of this article, where the dog or cat has bitten any person, it shall be prima facie evidence that the dog or cat is a dangerous animal. Any dog which is known by the owner to habitually charge at persons on the public streets and other public ways shall be presumed to be dangerous, whether or not such dog has actually bitten or attacked a person or other animal. (2) Any domesticated dog that has in its known genetic history and/or formal pedigree crossbreeding with the wolf species to include, but not be limited to, animals referred to as a wolf-hybrid, wolf-mix breeds or the breed known as Tundra Shepherd. (3) Any animal which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property. (4) Any pit bull dog, which shall be defined to mean: a. The bull terrier breed of dog; b. Staffordshire bull terrier breed of dog; c. American pit bull terrier breed of dog; d. American Staffordshire terrier breed of dog; e. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs, or pit bull terriers; f. Any dog which has the appearance and characteristics of being predominantly of the breeds bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of those breeds.

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§ 3-40 ANIMALS AND FOWL § 3-43

Note: As of July 3, 2009, a pit bull dog is a prohibited animal and is subject to the provisions of § 3-70 et seq. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-41. Prohibition on dangerous animals.

Except as provided in sections 3-42, 3-43, and 3-44, it shall be unlawful to own, harbor, keep or have charge, custody, control or possession of any dangerous animal in the city. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-42. Exceptions.

(a) Any person who falls into one (1) of the following subsections shall be permitted to own, harbor, keep or have charge, custody, control, or possession of a dangerous animal, provided the person has first secured a permit in accordance with the provisions of this article.

(1) A circus, carnival or other exhibit, training, competition or show by which the animals are kept for exhibition to the public.

(2) A bona fide, licensed veterinary clinic where the animals are kept for treatment.

(3) Private individuals who have registered a dangerous animal and complied with all applicable requirements of this article.

(4) The humane society, except that the agency is only exempt from the permit require- ments of this article.

(5) A law enforcement agency which maintains an animal trained and certified to assist in law enforcement. Such an agency is also exempt from the permit requirements of this article.

(b) The provisions of this article shall not apply to the transportation of a dangerous animal through the city, when such transporter has taken adequate safeguards to protect the public and has notified the police department of the proposed route of transportation and the time thereof. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-43. Exceptions for dangerous animal.

An animal may not be declared a dangerous animal in any of the following circumstances:

(1) When an injury or damage was sustained by a person who, at the time such injury or damage was sustained, was committing a willful trespass or other tort upon the premises occupied by the owner of the animal or was teasing, tormenting, abusing or assaulting the animal or was committing or attempting to commit a crime.

(2) When an injury or damage was sustained by another animal which, at the time such injury or damage was sustained, was teasing, tormenting, abusing or assaulting the animal alleged to be dangerous.

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§ 3-43 ANIMALS AND FOWL § 3-44

(3) When the animal was protecting or defending a person within the immediate vicinity of the animal from an unjustified attack or assault.

(4) When an injury to a domestic animal was sustained while a dog was working as a hunting dog, herding dog or predator control dog on the property or under the control of its owner, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.

(5) When the animal was responding to pain or injury or protecting itself, its kennel or its offspring.

(6) When a person or domestic animal was disturbing the natural functions of the animal such as sleeping or eating. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-44. Permit and registration requirements for dangerous animals.

The keeping of a dangerous animal shall be subject to the following mandatory require- ments:

(1) Confinement. A dangerous animal shall be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled or in a crate as provided below. Such pen, kennel or structure must have secure sides and a secure top attached to the sides. Such structure must have a secure bottom or floor attached to the sides of the pen or the sides of the pen must be embedded in the ground no less than two (2) feet. All structures used to confine a dangerous animal must be locked with a key or combination lock when such animals are within the structure. All structures erected to house a dangerous animal must comply with all zoning and building regulations. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition.

(2) At large. No person shall permit a dangerous animal to be at large. It shall be no defense in any prosecution that such animal was at large or improperly confined, leashed or muzzled without the knowledge, consent or permission of the person charged with the violation.

(3) Leash and muzzle or crate. No person shall permit a dangerous animal to go outside its kennel or pen unless such animal is securely leashed with a leash no longer than three (3) feet in length and under the control of a competent adult. As an alternative, the animal may be confined in a locked crate which is constructed of material of sufficient strength to prevent escape, posted with a sign saying "dangerous animal" and constructed so that a child cannot penetrate the crate with his hand. When a dangerous animal is in a vehicle or being transported in an open truck bed or other conveyance, it shall be confined in a locked crate or cage which is constructed of material of sufficient strength to prevent escape and posted with a sign saying "dangerous animal" and constructed so that a child cannot penetrate the crate or cage with his hand. No person shall permit a dangerous animal to be kept on a chain, rope

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§ 3-44 ANIMALS AND FOWL § 3-44

or other type of leash outside its kennel or pen unless a person is in physical control of the leash. Such animals may not be leashed to inanimate objects such as trees, posts or buildings. In addition, a dangerous animal on a leash outside of the animal's kennel must be muzzled by a muzzling device sufficient to prevent such animals from biting persons or other animals. (4) Confinement indoors. No dangerous animal may be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. (5) Signs. All owners of a dangerous animal shall display immediately to the left of the front door of the residence or business where the animal is located a sign which shall be easily readable by the public using the works "dangerous animal." In addition, a similar sign is required to be posted on the kennel or pen of such animal. (6) Insurance. All owners of a dangerous animal must have liability insurance in a single incident amount of at least one hundred thousand dollars ($100,000.00) specifically covering any damage or injury which may result from the ownership, keeping or maintenance of such animal. The policy shall contain a provision requiring the city to be named as an additional insured for the sole purpose of being notified by the insurer of any cancellation, termination or expiration of the liability insurance policy. At the time of the initial registration the owner must present proof to the police chief of the required insurance. At the time of subsequent registration the owner must show proof of insurance for the present registration period and proof that there was insurance coverage throughout the period of the prior registration year. In the event the liability insurance is canceled, lapsed, or for any other reason becomes nonenforceable, the owner shall be in violation of the provisions of this article and subject to the penalties provided herein. (7) Identification photographs. All owners of a dangerous animal must provide to the police chief two (2) color photographs of the animal clearly showing the color and approximate size of the animal. (8) Reporting requirements. All owners of a dangerous animal must within ten (10) days of the incident, report the following information in writing to the police chief as required hereinafter: a. The removal from the city or death of the animal; b. The birth of offspring of the animal; c. The new address of the owner if the owner moves within the city limits; d. The name and address of any person to whom ownership or possession of the animal is transferred. (9) Sale or transfer of ownership prohibited. No person shall sell, barter or in any other way dispose of a dangerous animal registered with the city to any person within the

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§ 3-44 ANIMALS AND FOWL § 3-48

city unless the recipient person resides permanently in the same household and on the same premises as the registered owner of such animal; provided that the owner of a dangerous animal may sell or otherwise dispose of a registered animal or its offspring to persons who do not reside within the city.

(10) Animals born of registered animal. All offspring born of a dangerous animal registered with the city must be removed from the city within six (6) weeks of birth. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-45. Notice of keeping dangerous animals.

Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal in violation of this article, the police chief shall forthwith cause the matter to be investigated. If after investigation, the facts indicate that such person named in the complaint is in fact the owner of a dangerous animal, the police chief shall send written notice to such person requiring such person to either obtain a permit for such animal or remove the animal from the city within five (5) days of the date of notice. Such notice shall not be required where the dangerous animal has previously caused physical harm to any person or has escaped and is at large; in those instances the police chief shall cause the animal to be immediately seized and impounded, according to the provisions of section 3-46, or killed if seizure and impoundment are not possible without risk of serious physical harm to any person. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-46. Seizure and impounding of dangerous animals.

The police chief shall cause to be seized and impounded any dangerous animal, where the owner has failed to comply with the notice sent pursuant to section 3-45. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement. If, during the course of seizing and impounding any such animal, it poses a risk of serious physical harm or death to any person, then the animal may be killed. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-47. Impoundment.

Any animal seized under this article shall be confined at the animal shelter for a period of not less than seven (7) calendar days. The period shall be extended to end on a day which is not a Saturday, Sunday or municipal holiday. The animal shall be held at the animal shelter until the expiration of the detention period. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-48. Redemption of impounded animals by owner.

The owner of any animal confined under the provisions of this article may recover the possession of such animal upon payment of the charges set forth in section 3-49, provided that evidence is presented that the animal has been inoculated for rabies in the past twelve (12)

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§ 3-48 ANIMALS AND FOWL § 3-52

months and also evidence that all required permit fees have been paid to the city for the current year. If the owner is unable to produce a certificate or satisfactory evidence of inoculation and of permitting, then such animal shall not be released. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-49. Fees and charges.

The animal shelter shall be entitled to and shall receive a fee for confining and keeping each and every animal, plus the cost of any veterinary services deemed necessary to the well-being of the animal. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-50. Destruction of animals authorized.

After an animal has been confined for the period of time provided by section 3-47, and if the owner fails to recover possession of such animal as provided in this article, or fails to pay the charges as provided in this article, or if satisfactory evidence as required by section 3-48 was not provided, then such animal shall be destroyed.

Any police officer who is assisting in impounding any animal shall have the authority to shoot and kill such animal if in attempting to capture the animal it shall become an immediate hazard to the safety of such person or to the safety of persons or animals in the vicinity. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-51. Permit required.

(a) No owner of any dangerous animal shall allow such animal to remain within the city unless the person has first secured a permit to do so and complies with all terms and conditions of such permit; and, in addition thereto, such animal shall at all times be so confined, controlled and restrained in such manner that the life, limb or property of any person lawfully entering such premises shall not be endangered.

(b) Failure to obtain a permit when required by subsection (a) after written notification by the police chief shall be adequate grounds for seizing and impounding the animal to allow the owner to obtain a permit. The owner shall be responsible for paying all fees and costs of the impoundment. If no permit is obtained within seven (7) days, the animal will be subject to summary destruction. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-52. Issuance of permit.

Except as hereinafter provided, no person shall have, keep, maintain, or have in his possession or under his control within the city any dangerous animal without first applying to and receiving a permit from the police chief. (Ord. No. 2009-02, § 5, 6-9-09)

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§ 3-53 ANIMALS AND FOWL § 3-54

§ 3-53. Application for permit.

(a) An application for any permit required pursuant to this article shall be made to the police chief in writing and upon a form furnished by the police chief. The application shall be verified by the person who desires to have, keep, maintain or have in his possession or under his control the animal for which a permit is required, and shall set forth the following:

(1) Name, address and telephone number of the applicant.

(2) The applicant's interest in such animal.

(3) The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any.

(4) The number and general description of all animals for which the permit is sought.

(5) Any information known to the applicant concerning vicious or dangerous propensities of all such animals.

(6) The housing arrangements for all such animals with particular details as to the structure, locks and fencing.

(7) Safety precautions proposed to be taken.

(8) Noises or odors anticipated in the keeping of such animals.

(9) Prior history of incidents involving the public health or safety involving any of the animals.

(10) Proof of insurance to cover those who may be injured or killed by the animal.

(11) Proof of required inoculations.

(12) Any additional information required by the police chief at the time of filing such application.

(b) The application shall be accompanied by payment of a fee of twenty-five dollars ($25.00), or fifty dollars ($50.00) in the case of a dog which has not been spayed or neutered. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-54. Term and renewal of permits.

A permit issued in accordance with this chapter shall be valid until December 31 of the year in which it is issued. An application for renewal of any permit shall be made not less than forty-five (45) days prior to the expiration thereof, and shall be accompanied by the same fee as required upon making the original application. If the application is submitted later than forty-five (45) days prior to the expiration of the existing permit, then a late fee of five dollars ($5.00) per day after the deadline shall be added to the fee. (Ord. No. 2009-02, § 5, 6-9-09)

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§ 3-55 ANIMALS AND FOWL § 3-58

§ 3-55. Revocation and suspension of permits.

The police chief may, for good cause, revoke any permit or modify any terms or provisions thereof and may, in the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, suspend any permit or portion thereof. Failure to comply with any of the provisions of this article shall be considered good cause for revocation or suspension of a permit and seizure of the animal. If the seized animal is not redeemed within seven (7) days, then the animal may be summarily destroyed. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-56. Costs paid by owner.

Any cost incurred by the police chief or animal control officer in seizing, impounding, confining or disposing of any dangerous animal, pursuant to the provisions of this article shall be charged against the owner of such animal and shall be collected by the police chief. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-57. Failure to comply.

It shall be unlawful for the owner of a dangerous animal to fail to comply with the requirements and conditions set forth in this article. Any animal found to be the subject of a violation of this article shall be subject to immediate seizure and impoundment. In addition failure to comply will result in the revocation of the permit providing for the keeping of such animal. The city police officers are hereby authorized and empowered, in lieu of placing persons under custodial arrest, to issue a summons and complaint to any person charged with violating this article with the Uniform Non-Traffic Citation and Complaint (UNTCC) serving as the charging instrument. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-58. Violations and penalties.

Any person violating or permitting the violating of any provision of this division shall, upon conviction in the municipal court, be fined a sum of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment for a period not to exceed six (6) months. In addition, the court may order the registration of the animal revoked and the animal removed from the city. Should the defendant refuse to remove the animal from the city, the municipal judge may find the defendant in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section. (Ord. No. 2009-02, § 5, 6-9-09)

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§ 3-59 ANIMALS AND FOWL § 3-72

§ 3-59. Severability.

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 2009-02, § 5, 6-9-09)

§§ 3-60—3-69. Reserved.

DIVISION 2. PROHIBITED ANIMALS

§ 3-70. Prohibited animals.

For the purposes of this article, "prohibited animal" means and includes:

(1) Any pit bull dog. "Pit bull dog" is defined to mean:

a. The bull terrier breed of dog;

b. Staffordshire bull terrier breed of dog;

c. American pit bull terrier breed of dog;

d. American Staffordshire terrier breed of dog;

e. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs, or pit bull terriers;

f. Any dog which has the appearance and characteristics of being predominantly of the breeds: bull terrier, Staffordshire bull terrier, American pit bull terrier, American Staffordshire terrier, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers; or a combination of any of those breeds. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-71. Prohibition.

As of July 3, 2009, it shall be unlawful to keep, harbor, own or have charge, custody, control or possession of a prohibited animal within the corporate limits of the city. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-72. Exception.

The provisions of section 3-71 are not applicable to owners of a prohibited animal registered with the city on the effective date of this section. The keeping of such prohibited animal, however, shall be subject to the same conditions, standards and restrictions as a dangerous animal. (Ord. No. 2009-02, § 5, 6-9-09)

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§ 3-73 ANIMALS AND FOWL § 3-74

§ 3-73. Failure to comply. It shall be unlawful for the owner of a prohibited animal to fail to comply with the requirements and conditions set forth in this division. Any prohibited animal found to be the subject of a violation of this section shall be subject to immediate seizure and impoundment. The city police officers are hereby authorized and empowered, in lieu of placing persons under custodial arrest, to issue a summons and complaint to any person charged with violating this article with the Uniform Non-Traffic Citation and Complaint (UNTCC) serving as the charging instrument. (Ord. No. 2009-02, § 5, 6-9-09)

§ 3-74. Violations and penalties. Any person violating or permitting the violating of any provision of this division shall, upon conviction in the municipal court, be fined a sum of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00). In addition to the fine imposed, the court may sentence the defendant to imprisonment for a period not to exceed six (6) months. In addition, the court may order the animal removed from the city. Should the defendant refuse to remove the animal from the city, the municipal judge may find the defendant in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this section continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this section shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this section. (Ord. No. 2009-02, § 5, 6-9-09)

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Chapter 3A

ALCOHOLIC BEVERAGES*

ARTICLE I. ALCOHOLIC BEVERAGE CONTROL

DIVISION 1. GENERALLY § 3A-1. Short title. § 3A-2. Purpose. § 3A-3. Definitions. § 3A-4. Location of premises near church or school. § 3A-5. Maintenance of order; report of violation. § 3A-6. Offenses in public. § 3A-7. Sales to visibly intoxicated persons. § 3A-8. Misrepresentation of age of minor. § 3A-9. Authorized hours. § 3A-10. Regulation of conduct in clubs, etc. § 3A-11. Records; reports. § 3A-12. Packaging of beverages. § 3A-13. Open containers. § 3A-14. Discrimination prohibited. § 3A-15. Alcohol license tax bond. § 3A-16. Advertising. § 3A-17. Violation of state code. § 3A-18. Adoption of certain state control board regulations. § 3A-19. Punishment generally. § 3A-20. Inspection. § 3A-21—3A-69. Reserved.

DIVISION 2. LICENSE § 3A-70. Zoning requirements for licensees. § 3A-71. Applicability when council approval required. § 3A-72. Required; transfer, suspension; display. § 3A-73. Application for lounge, club, restaurant, etc., license; deposit. § 3A-73.1 Publicly traded company—Background check. § 3A-74. Application for retail liquor license. § 3A-75. Review of application. § 3A-76. Public notice. § 3A-77. Consideration of application. § 3A-78. Filing fee. § 3A-79. City alcohol license fees and requirements. § 3A-80. Reports of business done and tax due. § 3A-81. Alabama Responsible Vendor Act. §§ 3A-82—3A-100. Reserved.

*Editor’s note—Section 1 of Ord. No. 2010-04, adopted June 29, 2010, added Ch. 3A, §§ 1-1—1-102. In order to maintain the alphanumeric style of the Code, said sections have been redesignated as §§ 3A-1—3A-102, at the editor's discretion.

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§ 3A-1 ANIMALS AND FOWL § 3A-3

DIVISION 3. EFFECTIVE DATE § 3A-101. Effective date. § 3A-102. Ordinance severability.

ARTICLE I. ALCOHOLIC BEVERAGE CONTROL

DIVISION 1. GENERALLY

§ 3A-1. Short title.

This article shall be known and may be cited as the "Fayette Alcoholic Beverage Ordinance." (Ord. No. 2010-04, § 1(1-1), 6-29-10)

§ 3A-2. Purpose.

This article is enacted for the purpose, among others, of promoting the health and general welfare of the community, of establishing reasonable standards for the regulation and control of the licensing and sales of alcoholic beverages, and of protecting and preserving certain areas, through reasonable consideration, among others, to the character of the areas and their peculiar suitability for particular uses, to the congestion in the roads and streets, to a general view of promoting desirable living conditions and sustaining stability of neighborhoods and property values, and to the prevention of undesirable persons from engaging in or having any interest in alcoholic beverages. This article shall be construed as an exercise by the city of the police power of the state delegated to the city, in the regulation of traffic in alcoholic beverages within the city as provided by state law. (Ord. No. 2010-04, § 1(1-2), 6-29-10)

§ 3A-3. Definitions.

Whenever used in this article, the definitions set forth in § 28-3-1, Code of Alabama, 1975, are hereby adopted by reference, and made a part hereof as if fully set forth herein. In addition thereto, the following terms shall have the meanings herein specifically ascribed to them:

Alcoholic beverages: Any alcoholic, spirituous, vinous, fermented or other alcoholic bever- age, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one (0.5) percent or more alcohol by volume, and shall include liquor, beer, and wine, both fortified and table wine.

Association: A partnership, limited partnership, limited liability company (LLC), or any form of unincorporated enterprise.

Bartender/server: An employee of a retail alcoholic beverage licensee who is directly involved with the opening, mixing, dispensing, serving, or final sale of alcoholic beverages to a customer of the licensed establishment.

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§ 3A-3 ANIMALS AND FOWL § 3A-3

Beer, or malt or brewed beverages: Any beer, lager beer, ale, porter, malt or brewed beverage, or similar fermented malt liquor containing one-half of one (0.5) percent or more of alcohol by volume.

Board: The Alabama Alcoholic Beverage Control Board.

Business owner: A person or persons issued a privilege license by the city to conduct routine business.

Child development facility: Any child development program or club that promotes extended educational services that is funded partially or completely by federal, state, or local govern- ment revenue (i.e., Head Start Programs, Boys & Girls Club, etc.). The definition of "child development facility" shall also include any day care center licensed by the Alabama Department of Human Resources.

Church: An entire house or structure set apart primarily for use for purpose of public worship, and whose sanctuary is tax exempt under the laws of this state, and in which religious services are held and with which a clergyman is associated, and the entire structure is kept for that use and not put to any other use inconsistent therewith.

City alcoholic license fee: A fee charged by the city to a person who has been granted approval by the state alcoholic beverage control board for the privilege of selling alcoholic beverage within the city limits as herein enumerated and defined.

Container: The single bottle, can, keg, bag or other receptacle, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer, and from which the alcoholic beverage is consumed by or dispensed to the public.

Convenience store: An establishment that sells convenience items, snacks, grocery items, gasoline, and/or other motor fuels. A convenience store shall not be considered a package store if no more than twenty-five (25) percent of the floor space, excluding coolers and dry storage area, is dedicated to the public display of alcoholic beverages.

Distributor: Any person transporting alcoholic beverages within the city for such person's own retail use or for delivery to a retailer whether or not the same be owned by such person.

Engaged in business: A person shall be deemed engaged in business within the corporate limits if that person has a fixed place of business within the corporate limits, or if that person, pursuant to agreement of sale, expressed or implied, delivers any alcoholic beverage, beer or wine within the corporate limits, or if that person performs, within the corporate limits, any act authorized to be done only by the holder of any license issued by the state alcoholic beverage control board.

Fixed place of business: Any place where any alcoholic beverage, wine or beer is kept or stored for sale or delivery.

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§ 3A-3 ANIMALS AND FOWL § 3A-3

Grocery store: A retail establishment whose primary function is the sale of packaged or unprepared food and grocery items for consumption off the premises and whose annual gross sales of alcoholic beverages do not exceed ten (10) percent of its total gross sales and whose floor space is at least eight thousand (8,000) square feet.

License: A retail alcoholic beverage license or any other license issued by the state alcoholic beverage control board requiring consent and approval of the city council.

Licensee: Any person licensed by the city council for the privilege of engaging in a business involved in the sale of alcohol.

Liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverages, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous or otherwise alcoholic, and all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes, which contain one-half of one (0.5) percent or more of alcohol by volume, except beer and table wine.

Manager: An employee of a retail alcoholic beverage licensee who is given the responsibility and authority by the licensee to direct the operation of the licensed establishment, either solely or in conjunction with other similarly designated employees, by directing the activities of other employees of the licensed establishment. Such direction could include, but not be limited to, such responsibilities as assignment of employee tasks, scheduling of employee hours, evalu- ation of employee performance, and employee hiring or discipline.

Meal: A diversified selection of food some of which is not capable of being consumed in the absence of at least some articles of tableware and which cannot be conveniently consumed while one is standing or walking about.

Merchandise store with incidental table wine sales: An establishment principally operated for the sale of apparel, home decor, art, jewelry, antiques, or specialty gift merchandise, and that also offers the sale of a diversified selection of both domestic and imported table wine, but not beer or liquor, in unopened containers for off-site consumption. Such establishments may apply for a license for retail table wine for off-premises consumption. The sale of alcoholic beverages shall be no more than ten (10) percent of its gross annual sales, and no more than fifteen (15) percent of the public floor space may be dedicated to the public display of alcoholic beverages. In addition, the owner of a merchandise store with incidental table wine sales may apply with the city for an on-premises wine license for the purpose of offering up to two (2) wine tastings per month of their product. With respect to these tastings, no alcohol shall be served free of charge. In such case, the establishment may also apply for a retail table wine license for on-premises consumption.

Opened container: A container containing alcoholic beverages, which has been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

Package liquor sales for off-premises consumption: A package liquor store (class II lounge- liquor license).

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§ 3A-3 ANIMALS AND FOWL § 3A-3

Person: A natural person, association of natural person, partnership, corporation, limited liability company or other legal entity. Whenever used in a provision prescribing a fine or imprisonment, the term "person" shall mean the partners, members, directors or officers of any partnership, association, corporation, limited liability company or other legal entity.

Person in charge (PIC): A person, whether owner, partner, officer, or employee of the alcoholic beverage licensee, who is designated by the licensee as a responsible party for the licensee in ensuring compliance with the law and regulations of the Code of Alabama, state alcoholic beverage control board, and the ordinances of the city as apply to the operation of a business having retail sales of alcoholic beverages.

Privilege license: A privilege license issued by the city to a person to conduct routine business.

Public place: Any place or gathering which the public generally attends or is admitted to either by invitation, common consent or right, or by payment of an admission or other charge, and without limiting the foregoing, shall include any streets, alleys, sidewalks, public easements, or rights-of-way, parking lots designed for use by the general public, public buildings, buildings which are open to the public including, but not limited to, school buildings or grounds, parks and libraries, places where school related and recreational games or contests are held, any theater, auditorium, show, skating rink, dance hall or other place of amusement or any club, provided that such term shall not mean or include premises which have been duly licensed under the ordinances of the city and the laws of the state for sale or consumption of such beverages and provided that no private gathering is included within the meaning of public place with respect to the owners or occupants of such premises or place or to any persons specifically invited therein; provided, that such term shall not mean or include premises which have been duly licensed by the city for sale thereon of such beverages.

Restaurant, class I: A reputable place licensed as a restaurant, operated by a responsible person of good reputation, in which a diversified selection of food, refreshments and alcoholic beverages are offered for sale for consumption within the building in which the establishment is located, and which meets the following additional requirements:

(1) A dining space containing five-hundred (500) square feet or more on one (1) floor in one (1) room shall have a mandatory class I designation.

(2) The dining room shall be equipped with tables and chairs or booth seating accommo- dating at least fifty (50) persons at one (1) time and adequately air conditioned and heated as appropriate.

(3) All spaces of a class I restaurant must comply with the adopted building code occupancy requirements.

(4) A kitchen separate and apart from said dining area, but adjoining the same, in which food is prepared for consumption by the public and which the food or meals served in said dining area are prepared.

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§ 3A-3 ANIMALS AND FOWL § 3A-3

(5) At least two (2) meals per day shall be served at least five (5) days a week, with the exception of holidays, vacations and periods for redecorating.

(6) Such place shall meet the minimum requirements for a state alcoholic beverage control board on-premises license. (7) The serving of food or meals shall constitute the principal business of such establish- ment, with the serving of liquor, malt or brewed beverages, wines or other alcoholic beverages being only an incidental part of the business. During any ninety-day period, the gross receipts from the serving of meals and food shall constitute at least sixty (60) percent of the total gross receipts of the business. The licensee of such establishment shall maintain separate cash register receipts, one (1) for food and one (1) for liquor, malt or brewed beverages, wine or other alcoholic beverages. In addition, the licensee for such establishment shall maintain all invoices for the purchases of food and all types of alcoholic beverages and shall preserve such records for not less than three (3) years. All such records shall be available for inspection and audit at the licensee's premises within the city during regular business hours as the city clerk, or duly authorized representative, may request.

Restaurant, class II: A reputable place licensed as a restaurant, operated by a responsible person of good reputation, in which a diversified selection of food, refreshments and alcoholic beverages are offered for sale for consumption within the building in which the establishment is located, and which meets the following requirements: (1) A dining space of less than five hundred (500) square feet on one (1) floor in one (1) room.

(2) Said dining room shall be equipped with tables and chairs or booth seating accommo- dating a number of persons meeting with all the adopted building code occupancy requirements. (3) The dining space shall be adequately air conditioned and heated as appropriate. (4) A kitchen separate and apart from said dining area, but adjoining the same, in which food is prepared for consumption by the public and in which the food or meals served in said dining area are prepared. (5) At least one (1) meal per day shall be served for each day open. (6) Such place shall meet the minimum requirements for a state alcoholic beverage control board on-premises license.

(7) The serving of food or meals shall constitute the principal business of such establish- ments, with the serving of liquor, malted or brewed beverages, wines or other alcoholic beverages being only an incidental part of the business. During any ninety-day period, the gross receipts from the serving of meals and food shall constitute at least sixty (60) percent of the total gross receipts of the business. The licensee of such establishment shall maintain separate cash register receipts, one (1) for food and one (1) for liquor, malt or brewed beverages, wine or other alcoholic beverages. In addition, the licensee

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§ 3A-3 ANIMALS AND FOWL § 3A-3

for such establishment shall maintain all invoices for the purchases of food and all types of alcoholic beverages and shall preserve such records for not less than three (3) years. All such records shall be available for inspection and audit at the licensee's premises within the city during regular business hours as the city clerk or duly authorized representative, may request. Examples, without limitation, of a class II restaurant are as follows: a. A place of business meeting all other required criteria which may not be open for all meals of each day. b. A place of business meeting all other required criteria which may not be open five (5) days a week. c. Delicatessen, dinner theaters, cafes, eateries, bistros and similar small establish- ments. d. A place of business meeting all other required criteria but also presenting a minimum of nine-hole golf course, public or private, that may also sell food and alcoholic beverages on the golf course, with the following exceptions: 1. No minimum meal per day requirement; 2. Food sales in any ninety-day period must equal twenty (20) percent of gross revenue of food and beverage operation. School: A state accredited public or private elementary, intermediate, middle, junior or senior high school or community college. Specialty beverage store: An establishment principally operated for the sale of a diversified selection of both domestic and imported beer and/or wine, but not liquor, in unopened containers for off-site consumption. Such establishments may apply for the following licenses: (1) Retail table wine license for off-premises consumption, and (2) Retail beer license for off-premises consumption. In addition, the owner of a specialty beverage store may apply with the city for an on-premises beer and wine license for the purpose of offering up to no more than two (2) wine/beer tastings per month of their product. With respect to these tastings, no alcohol shall be served free of charge. In such case, the establishment may also apply for a retail table wine license for on-premises consumption, and (3) Retail beer license for on-premises consumption. Specialty wine and beer establishment: An establishment principally operated for the sale of a diversified selection of domestic beer, imported beer, domestic wine, and imported wine. Where otherwise permitted by the Alabama Alcoholic Beverage Control Board, such estab- lishments must apply and hold the following licenses: (1) Retail table wine [license] for off-premises consumption, (2) Retail beer license for off-premises consumption, (3) Retail table wine license for on-premises consumption, and

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§ 3A-3 ANIMALS AND FOWL § 3A-4

(4) Retail beer license for on-premises consumption.

All sales for off-premises consumption must be in sealed, unopened containers. A specialty wine and beer establishment must also offer incidental food service, including the sale of food for on-premises consumption and the sale of containerized, gourmet foods for off-premises consumption, but not in such a manner that the establishment will constitute a class I or class II restaurant. A specialty wine and beer establishment may offer up to two (2) tasting events per month of their product. With respect to these tastings, no alcohol shall be served free of charge. For purposes of this definition, the phrase "diversified selection" shall mean a selection of no less than fifty (50) different commercially available types of wines (with at least six (6) bottles of each type in stock at the premises), and no less than fifteen (15) different commercially available types of beer (with at least one (1) case of each type in stock at the premises).

Table wine: Any wine containing not more than fourteen and nine-tenths (14.9) percent alcohol by volume. Table wine is not liquor, spirituous or vinous.

Unopened container: A container containing alcoholic beverages which has not been opened or unsealed subsequent to filling and sealing by the manufacturer or importer.

Wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only.

Wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than twenty-four (24) percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice. (Ord. No. 2010-04, § 1(1-3), 6-29-10)

§ 3A-4. Location of premises near church or school.

(a) In addition to all other regulations and restrictions, no facility or property located in a B-1, B-2, B-3, or M-I zone shall be authorized for the sale of on-premises consumption or for the sale of off-premises consumption of alcoholic beverages, except for the following:

(1) Class I restaurants licensed to sell alcoholic beverages for on-premises consumption;

(2) Class II restaurants licensed to sell alcoholic beverages for on-premises consumption;

(3) Convenience stores licensed to sell beer and/or table wine for off-premises consump- tion;

(4) Grocery stores licensed to sell beer and/or table wine for off-premises consumption;

(5) Specialty beverage stores with respect to beer and/or table wine;

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§ 3A-4 ANIMALS AND FOWL § 3A-4

(6) Stores licensed to sell retail liquor for off-premises consumption;

(7) Merchandise store with incidental table wine sales;

(8) Specialty wine and beer establishment; and

(9) Persons holding a special events retail license for on-premises consumption.

(b) In addition to all other regulations and restrictions, no club in a planned development district shall be authorized for the sale of on-premises consumption or for the sale for off-premises consumption of alcoholic beverages unless the same has been approved as a conditional use by the Fayette Planning Commission and the Fayette City Council, as may be required by the Fayette Zoning Ordinance.

(c) In addition to all other regulations and restrictions, and subject to exceptions contained in this section, no facility or property shall be authorized for the sale of on-premises consumption or for the sale of off-premises consumption of alcoholic beverages where the facility or property is less than three hundred (300) feet from any church, public or private elementary, intermediate, middle or junior high, high school or child development facility. The aforesaid distance restriction in this subsection shall not apply in the following enumerated cases:

(1) Where the facility or property is separated from the church, school, or child develop- ment facility by a street or highway having four (4) or more traffic lanes;

(2) Where the church, school, or child development facility is located in a B-1, B-2, B-3 or M-1 zone, and the establishment is more than one hundred (100) feet from the said church, school, or child development facility, as measured in paragraph (d) of this section;

(3) Where the church, school, or child development facility was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of twelve (12) months; or

(4) Where the establishment upon the facility or property is a grocery store as defined herein.

(d) When measuring from a church, school, or child development facility, the closest exterior wall of the closest building in the church, school, or child development facility complex wherein an essential function or activity of the church, school, or child development facility is carried on shall constitute the beginning point for measurement. If the church, school or child development facility is located in the same structure as persons, businesses, organizations or entities other than a church, school or child development facility, the closest exterior wall of the part of the structure occupied by a church, school or child development facility shall be the point to which such measurement is made. When measuring from the facility, the closest point on the exterior wall of the building occupied by the person seeking to sell alcoholic beverages shall be used for measurement purposes if the building is occupied solely by that person;

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§ 3A-4 ANIMALS AND FOWL § 3A-4.1

otherwise, such measurement shall be made from the closest point of the person's occupancy within the building in question. The method of measurement is a straight line from the aforementioned defined points.

(e) The city council hereby designates the city engineer and/or the street superintendent as the person to determine the distances between any church, school or child development facility and an establishment for the sale of alcohol. The city engineer and/or street superintendent shall have the right to enter upon any premises at any reasonable time for the purpose of making measurements that are necessary to carrying out his duties under this section.

(f) Any person aggrieved by the decision of the city engineer and/or street superintendent may appeal the decision to the council. Such an appeal must be filed in writing within ten (10) days of the date of the decision and must specify the details of the reason for the appeal. The council shall hold a public hearing on such appeal at its next regularly scheduled meeting which is at least fourteen (14) days after the appeal is received by the city clerk. The aggrieved party shall have the right to address the council and present any relevant evidence and testimony at said hearing. The decision of the council shall be final. (Ord. No. 2010-04, § 1(1-4), 6-29-10)

§ 3A-4.1. Location of club retail licensee or lounge retail licensee near church or school.

(a) In addition to all other regulations and restrictions, no facility or property located in a M-1 zone or a M-2 zone shall be authorized for the sale of on-premises consumption of alcoholic beverages or for the sale of off-premises consumption of alcoholic beverages, except for the following:

(1) Club retail liquor license;

(2) Lounge retail liquor license.

(b) In addition to all other regulations and restrictions, no club in a planned development district shall be authorized for the sale of on-premises consumption or for the sale for off-premises consumption of alcoholic beverages unless the same has been approved as a conditional use by the Fayette Planning Commission and the Fayette City Council, as may be required by the Fayette Zoning Ordinance.

(c) In addition to all other regulations and restrictions, and subject to exceptions contained in this section, no facility or property shall be authorized for the sale of on-premises consumption or for the sale of off-premises consumption of alcoholic beverages where the facility or property is less than two thousand five hundred (2,500) feet from any church, public or private elementary, intermediate, middle or junior high, high school or child development facility. The aforesaid distance restriction shall not apply where the church, school, or child development facility was established after the licensed premises began operation and said operation has not been abandoned or discontinued for a period of twelve (12) months.

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§ 3A-4.1 ANIMALS AND FOWL § 3A-6

(d) The provisions set forth in section 3A-4 paragraphs (d), (e) and (f) shall also apply to this section. (Ord. No. 2010-05, § 1(1-4.1), 7-27-10)

§ 3A-5. Maintenance of order; report of violation.

It shall be the duty of each licensee and of each manager or supervisor at any time charged with the management and supervision of any retail liquor, retail table wine or retail malt or brewed licensed premises, while the same are open to the public, to maintain order upon the premises and to exclude from the premises any person who is drunk and disorderly or who commits any breach of the peace, or who uses or engages in offensive, disorderly, threatening, abusive or insulting language, conduct or behavior with the intent to provoke a breach of the peace, or whereby a breach of the peace might be occasioned. It shall be the duty of each officer, licensee, manager, or person-in-charge of any retail liquor, retail table wine or retail malt or brewed beverage licensed premises within the city, immediately to make an appropriate report to the police department of the city of each assault, assault and battery or affray, occurring on the licensed premises while said premises are open for business. It shall further be the duty of said person to make a written report of each of said incidents to the police department of the city and to the local field office of the alcoholic beverage control board within thirty-six (36) hours thereof. (Ord. No. 2010-04, § 1(1-5), 6-29-10)

§ 3A-6. Offenses in public.

(a) It shall be unlawful for any person to drink, sell, serve, dispense or give away, or attempt to drink, sell, serve or give away, any liquor, wine or malt or brewed beverages, while upon any street, alley, sidewalk, public easement, rights-of-way, parking lots designed for use by the general public or in any public building or upon any public property, or while in any other public place in the city. As used in this section, the term "public place" shall mean and include any place or gathering which the public generally attends or is admitted to, either by invitation, common consent or right or by the payment of an admission or other charge, and, without limiting the generality of the foregoing, shall include public parks, city hall, library, school buildings, auditoriums, any store or place of amusement and any high school athletic contest; provided, that such term shall not mean or include premises which have been duly licensed by the city as provided by the Code of Alabama, 1975.

(b) It shall be unlawful for a business licensed by the city, whether or not the business is licensed to sell or furnish alcohol, to allow patrons, customers, invitees or guests to bring alcoholic beverages into or onto the licensed premises.

(c) It shall be unlawful for patrons, customers, invitees or guests to bring alcoholic beverages onto premises licensed to do business by the city, whether or not the business is licensed to sell or furnish alcohol. (Ord. No. 2010-04, § 1(1-6), 6-29-10)

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§ 3A-7 ANIMALS AND FOWL § 3A-10

§ 3A-7. Sales to visibly intoxicated persons.

It shall be unlawful for any person or for any employee, servant or agent of any person to sell, or offer for sale, any liquor, wine or beer to any person visibly intoxicated. (Ord. No. 2010-04, § 1(1-7), 6-29-10)

§ 3A-8. Misrepresentation of age of minor.

It shall be unlawful for any person, directly or indirectly, to falsely represent that a minor person is not a minor or is not twenty-one (21) years of age, by means of which false representation such person aids or abets or attempts to aid or abet, such minor person to buy, receive or otherwise obtain any malt or brewed beverage, any wine or liquor or any alcoholic or intoxicating beverages. (Ord. No. 2010-04, § 1(1-8), 6-29-10) State law reference—Sales to underage persons, Code of Ala. 1975, § 28-3A-25(3).

§ 3A-9. Authorized hours.

It shall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale or to serve, dispense or offer for reward, or to offer to serve or dispense for reward any liquor, wine, or beer for on-premises consumption on the licensed premises between the hours of 12:00 a.m. and 8:00 a.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of any week.

It shall be unlawful for any person, whether a liquor, wine or beer licensee or not, to sell, offer for sale or to serve, dispense or offer for reward, or to offer to serve or dispense for reward any liquor, wine, or beer between the hours of 12:00 a.m. on Sunday of any week and the reopening of the licensed premises on the following Monday subject to the above paragraph. (Ord. No. 2010-04, § 1(1-9), 6-29-10; Ord. No. 2010-06, § 1(1-9), 8-24-10)

§ 3A-10. Regulation of conduct in clubs, etc.

It shall be unlawful for any person, club, firm or corporation or the officers, members, agents, servants or persons in charge thereof at any club or at any other place to which the public generally resorts or is admitted, which is a liquor, wine or beer licensed place, or any combination thereof, to permit, allow, conduct or condone any of the following:

(1) Topless or bottomless waitresses, waiters, dancers, servers, performers, or cashiers or any lewd or indecent conduct.

(2) Acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(3) Acts, or simulated acts, of caressing or fondling of the breasts, buttocks, anus or genitals.

(4) Acts involving the displaying of the anus, vulva or genitals.

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§ 3A-10 ANIMALS AND FOWL § 3A-11

(5) Permitting any patron, customer or member to touch, caress or fondle the breasts, buttocks, anus or genitals, or any part of the body or clothing of a performer or entertainer. (6) Permitting the showing of films, still pictures, electronic reproductions or other visual reproductions depicting: a. Acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law. b. Any person being touched caressed or fondled on the breasts, buttocks, anus or genitals. c. Scenes wherein a person displays the vulva or the anus or the genitals. d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above in this section. (7) Any employee including, but not limited to, waiter, waitress, dancer, entertainer, performer or model employed upon the licensed premises to sit at tables with the customers or members and guests while so employed and during the time that said establishment is open for business. (8) Any person at the time employed or engaged on the licensed premises as an entertainer or performer, to also serve as a waiter or waitress while so employed. (9) The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the darkened area surrounding the nipple, or the depiction of covered male genitals in a lewd or indecent manner by any waiter, waitress, dancer, entertainer, employee, model or customer. (Ord. No. 2010-04, § 1(1-10), 6-29-10)

§ 3A-11. Records; reports.

It shall be the duty of each person subject to the license tax imposed by this article to keep full and complete records of all purchases, sales and deliveries of alcoholic beverages, from which records can be readily obtained information as to the correct amount of license tax due the city. As a part of such records, each wholesaler shall keep an individual ledger or card account for each record, each wholesaler shall keep an individual ledger or card account for each of his customers, and said ledger or card account shall show the correct name and address of each person to whom any alcoholic beverages are delivered, together with the dates thereof and the number of cases sold or delivered, and each wholesaler shall also keep, as evidence of the foregoing, a receipted delivery ticket signed by each purchaser or by his authorized agent. Each retailer shall keep an individual ledger or card record showing the correct name and address of each person from whom he purchased alcoholic beverages, a delivery ticket showing each such purchase, the date thereof and the number of cases purchased. The aforesaid records shall be kept posted currently and shall be preserved for not less than three (3) years

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§ 3A-11 ANIMALS AND FOWL § 3A-14

succeeding said calendar year. All of such records shall be open for inspection and audit at the licensed premises within the city during such regular business hours as the city clerk, or duly authorized representative, may request. Failure to keep any of the records required by this section, or elsewhere in this article, or by any amendment thereto, or refusal to make the same available to the city clerk, or duly authorized representative, shall constitute grounds for revocation of any license issued under this article. In addition thereto, in January of each year, each person who is obligated to pay a privilege or excise tax to the city based on the gross receipts of the business (pursuant to section 3A-79) shall file an annual report, made under oath, showing the gross receipts of the business for each month during the prior calendar year. (Ord. No. 2010-04, § 1(1-11), 6-29-10)

§ 3A-12. Packaging of beverages.

Retail licensees for sale of off-premises consumption of individual or packages of six (6) or less alcoholic beverages must place each container thereof in a bag, box or other similar opaque covering prior to the customer's leaving the licensee building used for alcoholic beverage sales. (Ord. No. 2010-04, § 1(1-12), 6-29-10)

§ 3A-13. Open containers.

It shall be unlawful for any person to, or allow another person to:

(l) Possess, consume or otherwise use any open container containing alcoholic beverages while upon or along any public place, street, road or highway in the city.

(2) Possess or use any alcoholic beverages at any public park, municipal playground, municipal recreation facility, school playground, and school stadium or school recre- ational facility.

(3) Possess alcoholic beverages in an open glass, bottle, cup, can, keg, bag or other receptacle, while upon or along any public street, road or highway in the city or while in any automobile or other motor vehicle on or along any public street, road or highway in the city, or while in any other public place in the city. (Ord. No. 2010-04, § 1(1-13), 6-29-10)

§ 3A-14. Discrimination prohibited.

It shall be unlawful for any alcoholic beverage licensee of the city to discriminate against any person with respect to the sale of any food, beverage, product, cover charge, or admission charge based upon race, color, creed, or sex. It is specifically provided that no alcoholic beverage licensee shall have or permit any entertainment, show, or presentation on the licensed premises to which any person is excluded based upon race, color, creed, or sex. This section shall apply to the licensee, manager, to any person in charge of any licensed premises, and to any employee of the licensee authorizing, permitting, or committing any violation hereof. (Ord. No. 2010-04, § 1(1-14), 6-29-10)

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§ 3A-15 ANIMALS AND FOWL § 3A-15

§ 3A-15. Alcohol license tax bond.

(a) It shall be the duty of each person subject to a license fee, privilege tax, or excise tax imposed by this article to deliver to the city a bond conditioned to promptly pay to said city all such amounts as are required to be paid to said city under the terms of this article, or any amendment hereto, and any other amount which may become due to the city for any licensee fee, privilege tax, or excise tax becoming due after the date of the bond. The amount of the bond shall be ten thousand dollars ($10,000.00) for each location of the person's business that is engaging in activity with respect to which a license or excise tax under this article is imposed. Such a bond must remain in place continuously during the entire period that the person is subject to a license fee, privilege tax, or excise tax imposed by this article.

(b) With respect to those instances where the consent and approval of the city council is required with respect to the issuance of an alcoholic beverage license, such consent and approval will not be granted where the bond described in this section has not been delivered to the city clerk, or the clerk's designated representative. Moreover, where such a bond is required by this section, no privilege license shall be granted, renewed, maintained, or allowed to be transferred where the city clerk, or his authorized representative, has not received or does not hold a valid and binding bond as required by this section.

Said bond shall be posted in substantially the same manner and form as shown below:

CITY OF FAYETTE ALCOHOL ORDINANCE TAX OR FEE BOND

That , hereinafter called Principal, and , as Surety, are held and firmly bound unto the City of Fayette, Alabama, a municipal corporation, in the sum of , for the payment of which well and truly to be made we hereby bind our executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing is such, however, that WHEREAS, as one of the conditions precedent to the consent and approval of the city council with respect to the issuance of an alcoholic beverage license, or to the granting, renewal, maintenance, transfer or allowance of a privilege license, the Principal is required to deliver to the City of Fayette, Alabama, a bond conditioned to promptly pay to said City all such amounts as are required to be paid to said City under the terms of Ordinance No. , or any amendment thereto, and any other amount which may become due to the City of Fayette, Alabama for any license fee, privilege tax, or excise tax imposed by said ordinance and becoming due after the date of the bond.

NOW, THEREFORE, the condition of this obligation is such, that if the Principal shall faithfully comply with all the laws and ordinances of the City of Fayette now in force, or that may hereafter be adopted, and will promptly pay to said City of Fayette, Alabama all such amounts as may become due as required under the terms of the above license, then this obligation is to become null and void; otherwise to remain in full force and effect.

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§ 3A-15 ANIMALS AND FOWL § 3A-17

If the Surety shall so elect, this bond may be cancelled by providing notice through certified mail to the City Clerk of the City of Fayette, or his designated representative. This notice shall provide for 30 days' notice to the City of Fayette and this bond shall be deemed cancelled at the expiration of said 30 days; the Surety remaining liable, however, subject to all the terms, conditions, and provisions of this bond, for any acts covered by this bond which may have been committed by the Principal up to the date of such cancellation.

IN WITNESS WHEREOF, the said Principal and the said Surety have hereunto set their hands and seals at Fayette, Alabama on this the day of , 20 .

(Seal) Principal

BY

(Seal) Surety

BY TITLE (Ord. No. 2010-04, § 1(1-15), 6-29-10)

§ 3A-16. Advertising.

It shall be unlawful for any business to display signs of any kind advertising alcoholic beverages, whether electric, painted, or of any other nature, outside of any place of business or inside any place of business in a position visible from outside the building, except on the rear-most wall. The rear-most wall is defined as that wall furthest and opposite to the entrance to said business. This prohibition does not apply to aisle or floor merchandise displays not generally visible from outside the building. Any signage otherwise placed shall make no reference to beer, wine, malt beverage, liquor or mixed drinks. There shall be no signs or banners outside the premises of any retail licensee which advertise a particular manufacturer or brand of beer except that special events shall be permitted to have such signs and banners which advertise a particular brand of beer, wine, malt beverage or liquor. Otherwise, there shall be no advertising of alcoholic beverages by means of billboards or other fixed signs within the city limits of the City of Fayette. Display of advertising and violation of this section shall be considered a violation of the ordinance and punishable in accordance therewith. (Ord. No. 2010-04, § 1(1-16), 6-29-10)

§ 3A-17. Violation of state code.

It shall be unlawful for any person to violate any provision of Title 28, Code of Alabama, 1975, as amended, and such violation shall be considered a misdemeanor against the city and punishable the same as any other a violation of this article. (Ord. No. 2010-04, § 1(1-17), 6-29-10)

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§ 3A-18 ANIMALS AND FOWL § 3A-69

§ 3A-18. Adoption of certain state control board regulations.

The rules and regulations adopted and promulgated by the Alabama Alcoholic Beverage Control Board, in effect as of June 22, 2010, and as may be adopted or amended by such board, the violation of which constitutes a misdemeanor, are hereby adopted by the city and shall be considered a misdemeanor against the city and punishable the same as any other violation of this article. (Ord. No. 2010-04, § 1(1-18), 6-29-10)

§ 3A-19. Punishment generally.

Any person violating any of the provisions of this article shall upon conviction be punished as provided in section 11-1.3 of the Code of the City of Fayette, in addition to any penalties provided herein. (Ord. No. 2010-04, § 1(1-19), 6-29-10)

§ 3A-20. Inspection.

It shall be unlawful for any licensee to refuse any authorized employee of the city the right to completely inspect the entire licensed premises at any time during the which the premises are open for the transaction of business. (Ord. No. 2010-04, § 1(1-20), 6-29-10)

§ 3A-21. Service of alcoholic beverages by on-premises licensees on patios, decks or in open areas.

No on-premises licensee shall serve, sell, dispense, give away or allow patrons to drink alcoholic beverages on a patio, deck or in an open area on the licensed premises except where the patio, deck or open area is screened from view on all sides by a solid fence or wall that presents a visual obstacle to the eye.

Also, the enclosed patio, deck or open area shall only be accessed through the business. If the business is the type that has no indoor seating then the enclosed patio or open area shall only be accessed by an entrance adjacent to the area where the patron places their order. There shall be no access to the enclosed area from a public sidewalk, street or adjacent property.

Said wall or fence shall extend from the ground to the height of at least six (6) feet.

A patio or open area is defined as any area not fully enclosed by a floor, four (4) walls (with or without windows) and a ceiling. (Ord. No. 2010-07, § 1(1-21), 9-28-10)

§§ 3A-22—3A-69. Reserved.

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§ 3A-70 ANIMALS AND FOWL § 3A-72

DIVISION 2. LICENSE

§ 3A-70. Zoning requirements for licensees.

No license of any kind under this division, shall be issued to a business, establishment, club, lounge or any other premises located in an R1, R2, R3, R4, R4MH4 or P-1 zone. (Ord. No. 2010-04, § 1(1-70), 6-29-10)

§ 3A-71. Applicability when council approval required.

In those instances where the consent and approval of the city council is required for an alcoholic beverage license, other than where specified by statute, the application provisions of this article shall apply. (Ord. No. 2010-04, § 1(1-71), 6-29-10)

§ 3A-72. Required; transfer, suspension; display.

(a) It shall be unlawful for any person to have in such person's possession any alcoholic beverages, within the city, for the purpose of sale, or to sell, or keep for sale, or offer for sale, any alcoholic beverages, without having first procured from the city a privilege license and the state alcoholic beverage control board a liquor license thereof. The city is hereby authorized to allow the address for the privileged licensed premises to be changed from one (1) place to another within the city, as the city may determine appropriate; but shall not allow the transaction of business at a place for which the license could not originally have been issued lawfully.

(b) In the event of a change of ownership of a licensed establishment, the current licensee and buyer shall be required to complete the "City of Fayette Transfer Request Alcoholic Beverage License" form with the city clerk indicating this occurrence prior to either completing the sale of the licensed business, or relinquishing management or financial control of the business operation, whichever occurs first. The buyer and seller must also complete a transfer agreement with the state alcoholic beverage control board prior to or the day of the sale of the business. Additionally, the party to whom the licensed establishment is to be sold must file with the city a completed application for a license from the city within thirty (30) days of notification to the city of the intent of the licensee. Upon request of the city clerk, or designated representative, any applicant may be requested to produce records of the business or the transaction surrounding the sale of the business to determine the parties involved or the effective date of the transaction. These records include, but are not limited to, lease agreements, land sale agreements, bank statements, stock transfers, minutes of corporate board meetings, and/or purchase invoices. Any failure to produce the requested records, or a determination by the city that the transaction is not in compliance with the requirements specified herein will result in an immediate forfeiture of the city license upon notification of this determination and an opportunity for a public hearing by the city council.

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§ 3A-72 ANIMALS AND FOWL § 3A-73

(c) Licenses issued by the city shall be deemed to expire, terminate, or otherwise be void when there is a substantial change in ownership in a licensed establishment, or when a licensed establishment is leased, rented, or abandoned, or when possession is otherwise surrendered to another party. Provided, however, that an applicant for a new license at a currently licensed establishment may be allowed to operate the establishment for a period not to exceed sixty (60) days if said applicant is in compliance with subsection (b) of this section. In such case, the original licensee shall continue to be responsible for the conduct, operation and city tax liabilities of the establishment until such time as the city, in the new licensee's name, issues a license.

(d) Upon the death of an individual licensee, sale of the licensed establishment, or temporary closing of the licensed establishment for a period in excess of thirty (30) days, the city license to sell alcoholic beverages shall be immediately returned to the city clerk, or designated representative, to be held pending the reopening of the business. In the event the temporary closing is due to any renovation, remodeling, or repair to the licensed premises, the licensee shall provide written evidence of compliance with applicable building, fire, and health codes to the city clerk, or designated representative, prior to the release of the license.

(e) For the purpose of this section, and to assist in defining a substantial change in ownership, the sale or transfer of twenty-five (25) percent or more of a corporation's stock or the sale or transfer of twenty-five (25) percent of the membership interest in a limited liability company shall constitute a substantial change in ownership of the licensee.

(f) The city shall have the right to revoke any privilege license issued by the city for any violation of this article or the state alcoholic beverage control board rules and regulations, after notice and opportunity for a hearing before the city council.

(g) Every privilege license issued by the city to conduct normal and routine business and license issued by the state alcoholic beverage control board shall be conspicuously and constantly exposed under a transparent substance in an area visible to the general public on the licensed premises.

(h) Each business that changes its name shall provide the city clerk the new information within thirty (30) days of the name change. (Ord. No. 2010-04, § 1(1-72), 6-29-10)

§ 3A-73. Application for lounge, club, restaurant, etc., license; deposit.

Each applicant seeking the consent and approval of the city council for lounge retail liquor license, a club retail liquor license, a restaurant retail liquor license or other license issued by the state alcoholic beverage control board shall make application to the city council as required in this article. Said application shall be upon an appropriate form supplied by the city clerk, or duly authorized representative, and shall be signed and verified by oath or affirmation by the licensee, if a natural person, or in the case of a partnership, association or unincorporated enterprise, by a partner, limited liability company (LLC) or managing member thereof, or in the case of a corporation, by an executive officer thereof. The applicant shall deposit with the

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§ 3A-73 ANIMALS AND FOWL § 3A-75

city clerk the required application fee that includes the background check with the Alabama Bureau of Investigation (ABI) and the amount of publication costs to be incurred hereunder upon filing the application. Each application must be accompanied by a copy of all forms and required documents previously submitted to the Alabama Alcoholic Beverage Control Board requesting approval by said board for the license being sought including the background checks conducted the Alabama Bureau of Investigation (ABI) and the Federal Bureau of Investigation (FBI). In no case will the City of Fayette accept and/or consider any application without all required documentation of such prior application with the Alabama Alcoholic Beverage Control Board except that the city council may consider an applicant and grant an alcohol license without the said FBI background check to an applicant who possesses a current alcohol license in the State of Alabama.

If an alcohol license is granted to an applicant without the FBI background check, the city council reserves the right to revoke said license upon receipt of the FBI background check should the council determine in its discretion that the license should be revoked due to matters revealed in said background check. An alcohol license granted to an applicant without the FBI background check shall be made subject to the council's right to revoke. Also, the applicant must present the FBI background check to the city within six (6) months of the grant of the license. If the applicant does not present the said FBI background check to the city within six (6) months, then the applicant's alcohol license shall be revoked. (Ord. No. 2010-04, § 1(1-73), 6-29-10; Ord. No. 2010-08, § 1(1-73), 10-22-10)

§ 3A-73.1. Publicly traded company—Background check.

Publicly traded companies are exempt from the requirement that background checks be conducted on its corporate officers before the company's application will be considered by the city council for a license. For purposes of this division, a publicly traded company is defined as a company that has permission to offer its registered securities (stocks, bonds, etc.) for sale to the general public typically through a stock exchange. (Ord. No. 2010-06, § 2(1-73.1), 8-24-10)

§ 3A-74. Application for retail liquor license.

Application for retail liquor license shall be made in accordance with city procedures. The applicant must submit a copy of the application submitted to the State of Alabama Alcoholic Beverage Control Board. (Ord. No. 2010-04, § 1(1-74), 6-29-10)

§ 3A-75. Review of application.

(a) The application shall be submitted to the city clerk, or designated representative.

(b) In the event of approval by the city council, the city clerk, or designated representative, shall be responsible for ensuring that written approvals of the police, building, fire and health, and city clerk, or designated representative, are included as a part of the application indicating the satisfactory compliance with the applicable requirements for each respective department.

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§ 3A-75 ANIMALS AND FOWL § 3A-78

(c) After the city council's approval and the applicant's compliance with subsection (b) of this section, the city clerk, or designated representative, is hereby authorized to indicate, and communicate in writing, the city council's approval for the issuance of a license for the applicant to the state alcoholic beverage control board. The method for the communication of this approval by the city shall be determined based on the most current mechanism indicated as acceptable by the alcoholic beverage control board field office supervisor responsible for the county. (Ord. No. 2010-04, § 1(1-75), 6-29-10)

§ 3A-76. Public notice.

Upon receipt of an application, together with the results of the investigation and recom- mendations made thereon, the city clerk shall cause notice to be published one (1) time in a newspaper published in Fayette County of general circulation within the city, stating that the application will be considered at the next regular meeting of the city council, which notice must be published as aforesaid at least six (6) days in advance of the next regular meeting of the city council, and further stating the time and place that same is to be considered and that at such time and place all interested persons may appear at said meeting and be heard for or against the application. Such publication shall be at the applicant's expense. (Ord. No. 2010-04, § 1(1-76), 6-29-10)

§ 3A-77. Consideration of application.

In rendering a decision on each application for a license under this article, the city council shall consider, among others, the following factors: (1) The effects upon residents, real property owners and businesses within five hundred (500) feet of the property for which a license is sought. (2) The character and reputation of the applicant, each partner, member, officer, member of board of directors, landlord, bartender and manager. (3) The criminal court records of the applicant, each partner member, officer, and member of the board of directors, landlord, bartender and manager. (4) The location of the premises for which a liquor license is sought and the number of establishments presently holding liquor licenses whose place of business are within five hundred (500) feet of the property for which a liquor license is sought. (5) The compliance by applicant, each partner, member, officer, member of the board of directors, landlord and manager with the laws of the state and ordinances for the city. (6) The protection of the public's health, safety, and welfare. (Ord. No. 2010-04, § 1(1-77), 6-29-10)

§ 3A-78. Filing fee.

There is hereby required, as a filing fee to cover the costs of processing and investigating each application filed with the city for a city license of any kind or class, the sum of three

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§ 3A-78 ANIMALS AND FOWL § 3A-79

hundred dollars ($300.00), and the city clerk or duly authorized representative shall not accept any application for any such license not accompanied by said payment to the city along with the payment of the publication costs, as required in this article. The city shall retain the filing fee to cover the expenses of processing and investigating said application, whether or not said application results in approval or denial, provided, however, that the filing fee for a special events license application shall be seventy-five dollars ($75.00). (Ord. No. 2010-04, § 1(1-78), 6-29-10)

§ 3A-79. City alcohol license fees and requirements. (a) Each person licensed by the state alcoholic beverage control board, who shall engage in the alcoholic beverage, liquor, beer or wine business within the corporate limits, prior to engaging in such business shall pay to the city, for the privilege of so engaging in business, an annual privilege business license fee and further license fees as established below: (1) Beer wholesale license. Each person licensed as a beer wholesaler under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state beer license by the state. In addition, each licensee will remit to the city clerk, on forms provided by such clerk, each month, the privilege or excise tax levied on the sales of beer by Code of Alabama 1975, Title 28, Ch. 3, Art. 5B (§ 28-3-190 et seq., Code of Alabama 1975). Wholesale beer dealers and distributors will not sell to any retail outlet within the City of Fayette that does not have a current city license. (2) Wine wholesaler license. Each person licensed by the state alcoholic beverage control board as a wine wholesaler under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state wine license by the state. In addition, each licensee will remit to the city clerk, on forms provided by such clerk, each month, the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act (§ 28-7-1 et seq., Code of Alabama 1975). Wholesale wine dealers will not sell to any retail outlet within the City of Fayette that is not properly licensed by the city. (3) Beer and wine wholesale license. Each person licensed as a beer and wine wholesaler under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state wine and beer license by the state. In addition, each licensee will remit to the city clerk, on forms provided by such clerk, each month, the privilege or excise tax levied on the sales of beer by Code of Alabama 1975, Title 28, Ch. 3, Art. 5B (§ 28-3-190 et seq., Code of Alabama 1975). In addition, each licensee will remit to the city clerk, on forms provided by such clerk, each month, the privilege or excise tax levied on the sales of table wine by the Alabama Table Wine Act. Wholesale beer and wine dealers will not sell to any retail outlet that is not properly licensed by the city.

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§ 3A-79 ALCOHOLIC BEVERAGES § 3A-79

(4) Warehouse license. Each person licensed by the state alcoholic beverage control board to receive, store or warehouse alcoholic beverages within the city for transhipment inside and outside the state shall pay to the city an annual license fee of five hundred dollars ($500.00).

(5) Club retail liquor license. Each person licensed by the state alcoholic beverage control board to operate a club, class I or II, under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of ten thousand dollars ($10,000.00) if a class I club, and twenty thousand dollars ($20,000.00) for a class II club. In addition, to said stated license fee, each person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of fifteen (15) percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month. In addition, each person applying for a club retail liquor license shall have a minimum of five hundred (500) paved, striped and lighted parking spaces available for the sole use of members of the club, if a class I club or one thousand (1,000) paved, striped and lighted parking spaces available for the sole use of members of the club, if a class II club.

(6) Lounge retail liquor license. Each person licensed by the state alcoholic beverage control board to operate a retail lounge under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of twenty thousand dollars ($20,000.00). In addition to said stated license fee, each person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of fifteen (15) percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month. In addition, each person applying for a lounge retail liquor license shall have available a minimum of one thousand (1,000) paved, striped and lighted parking spaces for the sole use of customers of the lounge.

(7) Retail liquor for off-premises consumption. Each person licensed by the state alcoholic beverage control board to operate a retail lounge under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual license fee of two thousand dollars ($2,000.00). In addition to said stated license fee, each person shall pay to the city, on or before the twentieth day of the calendar month next succeeding each separate calendar month, for the privilege of having engaged in such business, an additional license tax of six (6) percent of gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month. The licensee shall include the said six (6) percent license fee in the displayed retail shelf price of each container of liquor. The said six (6) percent license fee shall not be added to the retail price at the time of the sale to the consumer.

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§ 3A-79 ALCOHOLIC BEVERAGES § 3A-79

(8) Restaurant retail liquor license. Each person licensed by the state alcoholic beverage control board to sell alcoholic beverages in connection with the operation of a restaurant under the Alcoholic Beverage Licensing Code (Code of Ala. 1975, § 28-3A-1 et seq.) shall pay to the city an annual privilege license fee of five hundred dollars ($500.00). In addition to the stated license fee, each such person shall pay to the city, on or before the twentieth day of the calendar month next succeeding each separate subject month, for the privilege of so engaging in such business in said subject month, an additional license tax of six (6) percent of the monthly gross receipts of such business derived from the sale of all alcoholic beverages, except beer and table wine, received during the immediate preceding calendar month.

(9) Retail table wine license for off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell table wine for off-premises consumption under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state wine license by the state.

(10) Retail table wine license for on-premises and off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell table wine at retail for on-premises and off-premises consumption under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state wine license by the state, unless such person shall have paid for an on-premises liquor license.

(11) Retail beer for on-premises and off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell beer for on-premises and off-premises consumption under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state beer license by the state.

(12) Retail beer for off-premises consumption. Each person licensed by the state alcoholic beverage control board to sell beer for off-premises consumption under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city an annual license fee of fifty (50) percent of the amount charged for state beer license by the state.

(13) Special retail liquor license for on-premises consumption. Each person who has obtained a special retail liquor license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city a license fee of two hundred fifty dollars ($250.00) when the period of use is thirty (30) days or less. Such person shall pay to the city a license fee of three hundred fifty dollars ($350.00) when the period of use is more than thirty (30) days. In addition to said stated license fee:

a. Each such person shall pay to the city fifty (50) percent of the amount charged for state wine license by the state.

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§ 3A-79 ALCOHOLIC BEVERAGES § 3A-79

b. Each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate subject month, for the privilege of so engaging in such business in said subject month, an additional license tax of fifteen (15) percent of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month.

(14) Special events retail license for on-premises consumption. Each person who has been recommended by the city and obtained a special events retail liquor license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (§ 28-3A-1 et seq., Code of Alabama, 1975) shall pay to the city a license fee of two hundred dollars ($200.00). No such license shall be issued for a period in excess of seven (7) days. Such alcoholic beverages as are authorized by the state alcoholic beverage control board may be sold. All applications for special event licenses shall be filed with the city clerk at least twenty-five (25) days in advance of the event for which a license is sought. In addition to the stated license fee, each such person shall pay to the city, on or before the fifteenth day of the calendar month next succeeding each separate subject month, for the privilege of so engaging in such business in said subject month, an additional license tax of fifteen (15) percent of the monthly gross receipts derived from the sale of all alcoholic beverages, except beer and table wine, received during such immediate next preceding calendar month. The following shall apply to the applicant for a special event retail liquor license:

a. Submit the required filing fee of seventy-five dollars ($75.00).

b. Receive approval from the city council.

c. Receive license from state alcoholic beverage control board.

d. Pay the required license fee of two hundred dollars ($200.00).

e. Each applicant/organization shall not be allowed to apply for more than five (5) special event licenses in any one (1) calendar year.

f. No alcohol is to be sold during a special event on any Sunday after 2:00 a.m.

g. Shall be required to purchase the alcoholic beverages from a wholesale licensee of the state alcoholic beverage control board.

(15) Manufacturer license. Each person who has obtained a manufacturer license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (§ 28-3A-l et seq., Code of Alabama 1975) shall pay to the city an annual license fee of three hundred fifty dollars ($350.00).

(16) Importer license. Each person who has obtained an importer license from the state alcoholic beverage control board under the Alcoholic Beverage Licensing Code (§ 28- 3A-1 et seq., Code of Alabama 1975) shall pay to the city an annual license fee of three hundred fifty dollars ($350.00).

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§ 3A-79 ALCOHOLIC BEVERAGES § 3A-80

(17) Wholesale liquor license. Each person who has obtained a wholesale liquor license from the state alcoholic beverage control board under (§ 28-3A-1 et seq., Code of Alabama 1975), shall pay to the city an annual license fee of seven hundred fifty dollars ($750.00). a. The term "gross receipts," as used in this section, shall not include any so-called "additional license tax" levied by the city under the provisions of this section that are based solely on gross sales and that are directly passed on by the licensee/ seller to the consumer/purchaser. b. The stated annual license fee levied by the schedule under the foregoing provisions shall be due January 1 of each year and shall be delinquent after January 31 of the year for which such license is due, and a penalty of ten (10) percent of the license amount shall be collected during February—March; twenty (20) percent during April—June; thirty (30) percent during July—September; and forty (40) percent during October—December. In addition, such person must pay a two hundred-dollar citation fee. There shall be no pro rata refund of any license fee because of having operated only a part of a calendar year, except as required under state law, nor shall any rebate be allowed upon revocation, suspension, abandonment or surrender of such license before the expiration thereof. All additional license taxes levied by said schedule shall be due the fifteenth day of the calendar month specified in each levy and shall be delinquent if not reported and paid by such date. c. Every person subject to this division may take a discount in an amount equal to two (2) percent of all taxes paid to the city under the provisions of this division, provided the reports are made and the taxes paid before the same become delinquent hereunder. If reports are not filed within the time herein provided and the taxes not paid on the dates herein provided for, such person shall pay to the city the full amount of tax together with interest at the rate of three (3) percent per month, or fraction thereof, from the date the payment of such tax became delinquent; a penalty of fifteen (15) percent of the amount of the tax; and a citation fee of one hundred fifty dollars ($150.00); for which interest, penalty, and citation fee must be paid by such person. (Ord. No. 2010-04, § 1(1-79), 6-29-10; Ord. No. 2011-01, § 1, 1-24-11)

§ 3A-80. Reports of business done and tax due.

The person liable for any license tax or other tax imposed by this article shall file with the city clerk or duly authorized representative, on or before the final date on which the tax may be paid without a penalty, such report in such form as the city clerk or duly authorized representative, may prescribe, evidencing the amount of business done and the amount of license tax or other tax due thereon, together with full payment for any tax liability. Any failure to comply with this section shall be declared unlawful and be punishable for such as outlined in this chapter. (Ord. No. 2010-04, § 1(1-80), 6-29-10)

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§ 3A-81 ALCOHOLIC BEVERAGES § 3A-102

§ 3A-81. Alabama Responsible Vendor Act. (a) Each business requesting to sell alcoholic beverages within the city must obtain business certification through the Alabama Responsible Vendor Program within sixty (60) days of license approval by the state alcoholic beverage control board. (b) Upon a business becoming decertified from the Alabama Responsible Vendor Program, the city privilege license shall be suspended or revoked for a time no more than one (1) year. (Ord. No. 2010-04, § 1(1-81), 6-29-10) State law reference—Alabama Responsible Vendor Act, Code of Alabama 1975, § 28-10-1 et seq.

§§ 3A-82—3A-100. Reserved.

DIVISION 3. EFFECTIVE DATE

§ 3A-101. Effective date This Ordinance [chapter] shall become effective upon its passage and publication as provided by law. (Ord. No. 2010-04, § 1(1-101), 6-29-10)

§ 3A-102. Ordinance severability If any provision of this Ordinance [chapter], or the application thereof to any person, thing or circumstances, is held invalid by a court of competent jurisdiction, such invalidity shall not affect the provisions or application of this Ordinance [chapter] that can be given effect without the invalid provisions or application, and to this end, the provisions of this Code and such amendments and statutes are declared to be severable. (Ord. No. 2010-04, § 1(1-102), 6-29-10)

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Chapter 4

BUILDING CODES AND FRANCHISES

ARTICLE I. BUILDING CODES ADOPTED § 4-1. International Building Code adopted. § 4-1.1. Schedule of permit fees. § 4-2. International Plumbing Code adopted. § 4-2.1. International Mechanical Code adopted. § 4-3. ICC Electrical Code adopted. § 4-3.1. Electrical license policy. § 4-4. Penalty for violation of provisions. § 4-5. Building and electrical inspectors—Designated. § 4-6. Same—Duties. § 4-7. Same—Authority.

ARTICLE II. FRANCHISE TO GAS BOARD § 4-8. Franchise granted to gas board. § 4-9. Authority granted to board. § 4-10. Authority to fund granted. § 4-11. Agreement by board. § 4-12. Conditions of franchise. § 4-13. Duration of franchise. § 4-14. Franchise to be exclusive.

ARTICLE III. WEST ALABAMA TV CABLE COMPANY § 4-15. Franchise. § 4-16. Definitions. § 4-17. Nonexclusivity. § 4-18. Duration; term of franchise. § 4-19. Compliance with applicable laws. § 4-20. Service area. § 4-21. Insurance. § 4-22. Indemnification. § 4-23. Police powers. § 4-23.1. Regulation of services, facilities, rates and equipment. § 4-23.2. Operation and maintenance; construction and technical standards. § 4-23.3. Carriage of signals. § 4-23.4. Other requirements. § 4-23.5. Use of streets. § 4-23.6. Safety requirements. § 4-23.7. Nonassignment. § 4-23.8. Removal of facilities upon request. § 4-23.9. Reservation of rights. § 4-23.10. Maps, plats and reports. § 4-23.11. Forfeiture of franchise. § 4-23.12. City's right of intervention.

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ALCOHOLIC BEVERAGES

§ 4-23.13. Further agreement and waiver by operator. § 4-23.14. Publication. § 4-23.15. Franchise fee. § 4-23.16. Erection, removal and common uses of poles. § 4-23.17. Flow through of refunds. § 4-23.18. Termination of previously granted franchise. § 4-23.19. Severability. § 4-23.20. Repealer. § 4-23.21. Effective date.

ARTICLE IV. FLOOD DAMAGE PREVENTION § 4-24. Statutory authorization. § 4-25. Findings of fact. § 4-26. Statement of purpose. § 4-27. Objectives. § 4-28. Definitions. § 4-29. Lands to which this article applies. § 4-30. Basis for establishing the areas of special flood hazard. § 4-31. Establishment of development permit. § 4-32. Compliance. § 4-33. Abrogation and greater restrictions. § 4-34. Interpretation. § 4-35. Warning and disclaimer of liability. § 4-36. Penalties for violation. § 4-37. Designation of city building inspector. § 4-38. Permit procedure. § 4-39. Duties and responsibilities of city building inspector. § 4-40. Variance procedures. § 4-41. General standards. § 4-42. Specific standards. § 4-43. Standards for subdivision proposals. § 4-44. Standards for small homes. § 4-45. Standards for areas of shallow flooding (AO Zones).

ARTICLE V. FLOOD DAMAGE PREVENTION—NON-COASTAL/RIVERINE COMMUNITIES

Division 1. Statutory Authorization, Findings of Fact, Purpose and Objectives § 4-46. Statutory authorization. § 4-47. Findings of fact. § 4-48. Statement of purpose. § 4-49. Objectives.

Division 2. General Provisions § 4-50. Lands to which this article applies. § 4-51. Basis for area of special flood hazard. § 4-52. Establishment of development permit.

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§ 4-1 ALCOHOLIC BEVERAGES § 4-1.1

§ 4-53. Compliance. § 4-54. Abrogation and greater restrictions. § 4-55. Interpretation. § 4-56. Warning and disclaimer of liability. § 4-57. Penalties for violation. § 4-58. Savings clause.

Division 3. Administration § 4-59. Designation of article administrator § 4-60. Permit procedures. § 4-61. Duties and responsibilities of the administrator.

Division 4. Provisions for Flood Hazard Reduction § 4-62. General standards. § 4-63. Specific Standards. § 4-64. Floodways. § 4-65. Building standards for streams without established base flood elevations (approximate A zones). § 4-66. Standards for areas of shallow flooding (AO zones).

Division 5. Variance Procedures § 4-67. Variance procedures.

Division 6. Definitions § 4-68. Definitions.

ARTICLE I. BUILDING CODES ADOPTED

§ 4-1. International Building Code adopted.

The International Building Code, current edition and all future amendments and editions thereto, unless otherwise provided, is hereby adopted and declared operative and binding within the corporate limits of the City of Fayette, Alabama, and its police jurisdiction. (Ord. No. 2005-05, § 1, 8-9-05) Editor’s note—Section 1 of Ord. No. 2005-05, adopted Aug. 9, 2005, amended § 4-1 in its entirety to read as herein set out. Former § 4-1 pertained to the Southern Standard Building Code and derived from an ordinance of Aug. 18, 1975. State law reference—Code of Alabama, § 11-43-59 and § 11-45-8.

§ 4-1.1. Schedule of permit fees.

On all buildings, structures or alterations in the city where codes are enforced, requiring a permit, a permit fee shall be paid at the time of filing the application. The fee schedules shall be as follows:

Residential building permit fees:

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§ 4-1.1 ALCOHOLIC BEVERAGES § 4-1.1

$100—1,000 $6.00

$1,000—2,000 $6.00 per thousand or fraction thereof

$2,000—15,000 $12.00 + $3.00 each additional thousand or fraction thereof

$15,000—50,000 $51.00 + $2.50 each additional thousand or fraction thereof

$50,000—100,000 $138.50 + $2.00 each additional thousand or fraction thereof

$100,000—500,000 $238.50 + $1.25 each additional thousand or fraction thereof

$500,000 and over $738.50 + $0.75 each additional thousand or fraction thereof

Nonresidential building permit fees:

$0.00—1,000 $15.00

$1,000—2,000 $15.00 per thousand or fraction thereof

$2,000—15,000 $30.00 + $4.00 each additional thousand or fraction thereof

$15,000—50,000 $82.00 + $3.75 each additional thousand or fraction thereof

$50,000—100,000 $213.25 + $3.50 each additional thousand or fraction thereof

$100,000—500,000 $388.25 + $2.75 each additional thousand or fraction thereof

$500,000 and over $1,488.25 + $2.00 each additional thousand or fraction thereof

Construct swimming pool $25.00

Alterations to roof structure $50.00

Moving of building $30.00

Demolition of building $12.00

Erection of sign $25.00

Electrical inspection fees:

Residential (under 2,000 sq. ft.) $42.50

Residential (over 2,000 sq. ft.) 62.50

Nonresidential (under 2,000 sq. ft.) 52.50

Nonresidential (over 2,000 sq. ft.) 72.50

Plumbing inspection fees:

Residential (under 2,000 sq. ft.) $42.50

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§ 4-1.1 ALCOHOLIC BEVERAGES § 4-4

Residential (over 2,000 sq. ft.) 62.50

Nonresidential (under 2,000 sq. ft.) 52.50

Nonresidential (over 2,000 sq. ft.) 72.50 (Ord. No. 1995-04, § 1, 8-3-95; Ord. No. 1995-07, § 1, 9-18-95)

§ 4-2. International Plumbing Code adopted.

The International Plumbing Code, current edition and all future amendments and editions thereto, unless otherwise provided, is hereby adopted and declared operative and binding within the corporate limits of the City of Fayette, Alabama, and its police jurisdiction. (Ord. No. 2005-05, § 2, 8-9-05) Editor’s note—Section 1 of Ord. No. 2005-05, adopted Aug. 9, 2005, amended § 4-2 in its entirety to read as herein set out. Former § 4-2 pertained to the Southern Standard Building Code, Part III and derived from an ordinance of Aug. 18, 1975.

§ 4-2.1 International Mechanical Code adopted.

The International Mechanical Code, current edition and all future amendments and editions thereto, unless otherwise provided, is hereby adopted and declared operative and binding within the corporate limits of the City of Fayette, Alabama, and its police jurisdiction. (Ord. No. 2005-05, § 3, 8-9-05)

§ 4-3. ICC Electrical Code adopted.

The ICC Electrical Code, current edition and all future amendments and editions thereto, unless otherwise provided, is hereby adopted and declared operative and binding within the corporate limits of the City of Fayette, Alabama, and its police jurisdiction. (Ord. No. 2005-05, § 4, 8-9-05)

§ 4-3.1. Electrical license policy.

The city requires any individual interested in doing electrical work in the city to show proof of a valid statewide electrical license before a city license will be issued, with the following exception: any individual who holds a current electrical license for the City of Fayette will be allowed to continue working as such as long as the individual maintains a current license and such license was current prior to October 1, 1995. (Ord. No. 1995-04, § 2, 8-3-95)

§ 4-4. Penalty for violation of provisions.

Any person, firm, corporation or agent who shall violate a provision of this article or fail to comply therewith or with any of the requirements thereof, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense on each and every day or portion

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§ 4-4 ALCOHOLIC BEVERAGES § 4-9

thereof during which any violation of any of the provisions of this article is committed or continued and, upon conviction of any such violation, such person shall be fined not less than five dollars ($5.00) nor more than two hundred dollars ($200.00) for each offense. (Ord. of 8-18-75, § 6)

§ 4-5. Building and electrical inspectors—Designated.

The office of building official and the office of electrical official are hereby created and the executive official in charge of each office shall be known as the building inspector and the electrical inspector. The inspectors, hereinabove provided for, shall be appointed by the city council of the City of Fayette, Alabama. Their appointment shall continue during good behavior and satisfactory service. During the temporary absence or disability of either the building inspector or electrical inspector, the appointing authority shall designate an acting building inspector and/or electrical inspector. (Ord. of May 16, 1960, § 1.)

§ 4-6 Building and Electrical Inspectors - Duties

It shall be the duty of the building inspector to enforce all laws relating to the construction, alteration, removal and demolition of buildings and structures, etc. It shall be the duty of the electrical inspector to enforce all laws relating to the installation of electrical wiring, etc. (Ord. of May 16, 1960, § 2.)

§ 4-7 Authority of Inspectors

The building inspector and the electrical inspector, in the discharge of their official duties, and upon proper identification, shall have authority to enter any building, structure or premises at a reasonable hour. (Ord. of May 16, 1960, § 3.)

ARTICLE II - FRANCHISE TO GAS BOARD

§ 4-8 Franchise Granted to Gas Board

The City of Fayette hereby grants to The Gas Board of the City of Fayette, its successors and assignees, the right, privilege, authority and franchise to acquire, construct, own, maintain, enlarge, extend, improve and operate a natural gas transmission and distribution system in the City of Fayette, Alabama, for the purpose of supplying gas to the City of Fayette and the surrounding territory and the inhabitants thereof and to use the streets, avenues, alleys and public ways and places in the city for such purposes. (Ord. of Aug. 18, 1954, § 1.)

§ 4-9 Authority Granted to Board

The City of Fayette hereby grants to said board the right, privilege, authority and franchise at any time and from time to time during the period covered by this franchise and without any

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§ 4-9 ALCOHOLIC BEVERAGES § 4-13

requirement as to permit or fee therefor, to construct and extend its mains, pipes and conduits over or under or along any street, avenue, alley or public way or place in the city for the purpose of constructing, repairing, improving, enlarging or extending said natural gas transmission and distribution system. (Ord. of Aug. 18, 1954, § 2.)

§ 4-10 Authority to Fund Granted

The City of Fayette hereby consents and agrees that the franchise hereby granted shall be covered by any mortgage or deed or indenture of trust executed by the said board for the purpose of securing funds with which to acquire, construct, enlarge, extend, improve or operate said natural gas transmission and distribution system, and that any such mortgage or deed or indenture of trust shall constitute a lien thereon and that it may be transferred or assigned subject to the conditions thereon, but such franchise shall not otherwise be transferred or assigned. (Ord. of Aug. 18, 1954, § 3.)

§ 4-11 Agreement by Board

The Gas Board of the City of Fayette shall, and by accepting this franchise agrees that it will, construct and operate said natural gas transmission and distribution system and keep it in good repair and operating condition so as adequately to supply the reasonable needs of the City of Fayette and its inhabitants at all times. (Ord. of Aug. 18, 1954, § 4.)

§ 4-12 Conditions of Franchise

The Gas Board of the City of Fayette shall, and by accepting this franchise agrees that it will, upon making any excavation in the streets, avenues, alleys, public ways and places of said city in the exercise of this franchise, restore the surface and paving at the point of such excavation in substantially the same condition as before the work was done, within a reasonable time thereafter, and will save the city harmless from any liability arising out of any change in the condition of any street, avenue, alley, public way or place by the said board. (Ord. of Aug. 18, 1954, § 5.)

§ 4-13. Duration of franchise.

The rights, privileges, authorities and franchise, hereby granted, shall continue in force and effect for a period of thirty (30) years or until the principal of and interest on any bonds or obligations (including any refunding bonds or obligations) issued by said board for the purpose of securing funds with which to acquire, construct, enlarge, improve, extend, maintain or operate said natural gas transmission and distribution system, shall have been paid in full, whichever shall be the longer period permitted by law. (Ord. of Aug. 18, 1954, § 6) State law reference—For authority, see General Acts of 1951, §§ 416 et seq.

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§ 4-14 ALCOHOLIC BEVERAGES § 4-16

§ 4-14. Franchise to be exclusive.

This franchise shall be exclusive and the city hereby covenants and agrees not to grant any franchise for a gas plant or system during the term of the franchise, hereby granted, insofar as an exclusive franchise now is or may hereafter be authorized or permitted by law to a public corporation such as the Gas Board of the City of Fayette. (Ord. of Aug. 18, 1954, § 7)

ARTICLE III. WEST ALABAMA TV CABLE COMPANY*

§ 4-15. Franchise.

In consideration of the benefits to accrue to the City of Fayette, Alabama, and the inhabitants thereof, and based upon a finding of public convenience and necessity, West Alabama T.V. Cable Co., Inc., hereinafter called the "grantee", is hereby given, granted, invested with the right, authority, privilege, consent and franchise, to use the streets, avenues and public ways of the City of Fayette, Alabama, for the purpose of engaging in the business of operating a cable TV system including the right and privilege to construct, erect, operate and maintain, in, upon, along, across, above, over and under the streets, alleys, public ways and public places now laid out or dedicated, and all extensions thereof, and additions thereto, in the city, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the City of West Alabama T.V. Cable Co., Inc., system for the interception, sale and distribution of television and radio signals, subject to and in accordance with the following conditions and requirements. (Ord. No. 2010-09, § 1, 11-9-10)

§ 4-16. Definitions.

For the purpose of this article, the following words or phrases shall have the meaning assigned to them as hereinafter set out:

(a) Basic cable service: Any service tier which includes the retransmission of local television broadcast signals.

(b) Cable channel or channel: A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering television channel (as television channel is defined by the Federal Communication Commission Regulations).

(c) Cable operator is grantee, West Alabama T.V. Cable Company, Inc.

*Editor’s note—Section 27 of Ord. No. 2010-09, adopted Nov. 9, 2010, terminated the franchise provisions granted by Ord. No. 1995-05, adopted Sept. 5, 1995, and codified as Art. III, §§ 4-15—4-23.20. Ord. No. 2010-09 further provided for a new agreement which has been codified to read as herein set out.

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§ 4-16 ALCOHOLIC BEVERAGES § 4-18

(d) Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming which is provided to multiple subscribers within a community. (e) City is the City of Fayette, a municipal corporation. (f) City council is the city council of the City of Fayette or governing body. (g) Grantee is the cable operator or West Alabama T.V. Cable Company, Inc. (h) Person is any person, firm, partnership, association, corporation, company or organi- zation of any kind. (i) Public, educational or governmental access facilities means channel capacity desig- nated for public, educational or governmental use and facilities and equipment for the use of such channel capacity. G) Service tier means the category of cable service or other services provided by a cable operator for which a separate rate is charged by the cable operator.

(k) Video programming means programming provided by, or generally considered compa- rable to programming provided by, a television broadcast station. (Ord. No. 2010-09, § 2, 11-9-10)

§ 4-17. Nonexclusivity.

The grant of the right, privilege and franchise herein to West Alabama T.V. Cable Co., Inc., to use and otherwise occupy the streets, alleys and public ways and places for the purposes herein set forth shall be nonexclusive and the City of Fayette reserves the right to grant other franchises or rights in said streets, alleys, public ways or public places, to any other person, firm or corporation at any time. This franchise is not exclusive. (Ord. No. 2010-09, § 3, 11-9-10)

§ 4-18. Duration; term of franchise.

The duration and term of this franchise and all rights and authorities herein granted shall be for a maximum period of five (5) years from the date of the final adoption of this article. This franchise may be terminated sooner in accordance with the provisions hereof.

This franchise and the rights, privileges and authority hereby granted shall take effect on the first day of the first month next following its final enactment and upon publication as herein stated. The operator shall, within ten (10) days after the effective date, file with the city clerk its unconditional acceptance of this franchise and promise to comply with and abide by all the provisions, terms and conditions. Such acceptance of promise shall be in writing duly executed and sworn to by or on behalf of the grantee before a notary public or other officer authorized by law to administer oaths. Should the operator fail to comply with the aforesaid, it shall acquire no rights, privileges or authority under this franchise whatever. (Ord. No. 2010-09, § 4, 11-9-10)

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§ 4-19 ALCOHOLIC BEVERAGES § 4-22

§ 4-19. Compliance with applicable laws.

The grantee shall, at all times during the term of this franchise, be subject to and comply with all applicable laws, ordinances and regulations, including the lawful exercise of the police power by the city and 47 U.S.C. Section 521 et seq. (Ord. No. 2010-09, § 5, 11-9-10)

§ 4-20. Service area.

This franchise relates to the present territorial corporate limits of the City of Fayette and to any area henceforth added thereto during the term of this franchise. (Ord. No. 2010-09, § 6, 11-9-10)

§ 4-21. Insurance.

The grantee shall, for the duration of this franchise, maintain workman's compensation insurance and liability insurance in the form of a comprehensive, general and automobile liability policy or policies. This insurance shall be in sufficient amounts to reasonably assure the operator's financial responsibility in the event of injury or death or property damage, with the following minimum limits, one million [dollars] ($1,000,000.00) combined single limit bodily injury and property damage and public liability insurance. The city, its officers, agents and employees shall be listed as additional insureds on said insurance policies. Certificates of insurance, certifying the existence of said insurance shall be filed with and kept by the city clerk of the City of Fayette. (Ord. No. 2010-09, § 7, 11-9-10)

§ 4-22. Indemnification.

(a) The grantee shall pay and by its acceptance of this franchise, the grantee specifically agrees that it will pay all damages or penalties which the city, its officers, agents, servants and employees, may legally be required to pay as a result of the granting of this franchise. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright infringements and all other damages arising out of the ownership, lease, use, installation, operation or maintenance of the West Alabama T.V. Cable Company, Inc., system authorized herein whether or not any act or omission complained of is authorized, allowed or prohibited by this franchise.

(b) The grantee shall pay and by its acceptance of this franchise specifically agrees that it will pay all expenses incurred by the city, its officers, agents, servants and employees, in defending themselves with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, such as attorney's fees and shall also include the reasonable value of any services rendered by any officers or employees of the city. (Ord. No. 2010-09, § 8, 11-9-10)

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§ 4-23 ALCOHOLIC BEVERAGES § 4-23.1

§ 4-23. Police powers.

It is expressly understood that, in granting this franchise, the City of Fayette does not waive or surrender any of its rights or police powers in exercising governmental control. The grantee shall comply with all reasonable regulations and ordinances duly adopted pursuant to the police powers and governmental authority of the governing body of the city and the city, by entering into this franchise, does not subordinate any of its powers of governmental authority to the franchise herein being granted. Further, there is hereby reserved to the city every right and power which is required to be reserved by the provisions of this article or by any law of the city, and the operator, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or powers heretofore or hereinafter enacted or established. (Ord. No. 2010-09, § 9, 11-9-10)

§ 4-23.1. Regulation of services, facilities, rates and equipment.

The grantee shall provide the city with:

(a) A program listing for its basic cable service;

(b) A program listing for any other service tiers which it offers; and,

(c) A rate schedule for all service tiers, ancillary equipment and installation services which it offers.

Grantee will use its best efforts to keep the city informed of the individual cable and noncable services it provides from time to time.

Grantee shall give the city sixty (60) days notice of any change in the rates grantee charges for basic cable service, ancillary equipment, and related installation service. Grantee will provide the city, upon request, rate schedule for any other cable or noncable services it provides from time to time.

The operator shall transmit the foregoing video program in such a manner that:

(1) It produces a picture, whether in black and white or in color, that is undistorted, free from ghost images, and accompanied with proper audio on typical standard production TV sets in good repair and as good as the state of the art allows;

(2) That the operator shall be capable of distributing color TV signals and when the signals the grantee distributes are received in color, they shall be distributed in color where technically feasible;

(3) That the operator shall transmit signals of adequate strength to produce good pictures, good video displays with good audio transmission at all outlets without causing crossmodulation in the cables or interfering with other electrical or electronic systems;

(4) Limit failures to a minimum by locating and correcting malfunction promptly;

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§ 4-23.1 ALCOHOLIC BEVERAGES § 4-23.4

(5) Demonstrate by instruments and otherwise to subscribers that a signal, of adequate strength and quality is being delivered. (Ord. No. 2010-09, § 10, 11-9-10)

§ 4-23.2. Operation and maintenance; construction and technical standards.

(a) Grantee shall construct, install, operate and maintain its system in a manner consistent with all laws, ordinances and construction standards of the City of Fayette, and, standards of good engineering practices for measurements on cable television systems, published by the National Cable Television Association, 1983, which standards are incorporated by reference in the franchise agreement. In addition, operators shall provide the city, upon request, with a written report of the results of an annual proof of performance test.

(b) Construction, installation and maintenance of the cable system shall be performed in an orderly and workmanlike manner. All cables and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines. Multiple cable configurations shall be arranged and parallel and bundled with due respect for engineering considerations. Underground installation shall be in conformance with applicable codes.

(c) Operator's system shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the operator may have equipment located.

(d) The operator shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions insofar as possible shall be preceded by notice and occur during times of minimum use of the system.

(e) The operator shall maintain an office in the City of Fayette which shall be open during all useful business hours, having a listed telephone number and be so operated that complaints and requests for repairs of adjustments may be received during routine business hours. (Ord. No. 2010-09, § 11, 11-9-10)

§ 4-23.3. Carriage of signals.

All FCC regulations shall be complied with regarding the carriage of the programming of any existing or future television broadcasting station which covers the City of Fayette, in its principal broadcast area. (Ord. No. 2010-09, § 12, 11-9-10)

§ 4-23.4. Other requirements.

This franchise authorizes only the operation of West Alabama T.V. Cable Co., Inc., as provided for herein and does not operate as a substitute for any other franchise, license, or permit which might be required by law, ordinance or regulation. (Ord. No. 2010-09, § 13, 11-9-105)

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§ 4-23.5 ALCOHOLIC BEVERAGES § 4-23.6

§ 4-23.5. Use of streets.

(a) All transmission and distribution structures, lines, and equipment erected by the grantee within the city shall be so located as to cause minimum interference with the rights and reasonable convenience of property owners who adjoin any of the said streets.

(b) In case of a disturbance of any street, easement or paved area or other property the grantee shall, at its own cost and expense and in a manner approved by the city, replace and restore such street, easement or paved area or other property in as good a condition as before the work involved in such a disturbance was done.

(c) If at any time during the period of a franchise the city shall lawfully elect to alter or change the grade of any street, the grantee upon reasonable notice by the city, shall remove, relay and relocate its poles, wires, cables, underground conduits, manholes and other fixtures at its own expense.

(d) Any poles or other fixtures placed in or adjacent to any street by the grantee shall be placed in such manner as to comply with all requirements of the city. The city shall have the right, during the life of the franchise granted hereby, to install and maintain free of charge, upon the poles and towers of the grantee, any wire and pole fixtures necessary for a police alarm system or other city purposes, on the condition that such wire and pole fixtures do not interfere with the CATV operations of the grantee.

(e) The grantee shall, at the request of any person holding a moving permit duly and lawfully issued by the city, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the grantee shall have the authority to require such payment in advance. The grantee shall be given not less than forty-eight (48) hours notice to arrange for such temporary wire changes.

(f) The grantee shall notify the city regarding the need to trim trees upon and overhanging streets of the city so as to prevent the branches of such trees from coming into contact with the wires and cables of the grantee; at the option of the city, such trimming may be done by the city at the expense of the grantee or by the grantee under the city's supervision and direction at the expense of the grantee. When authorized, trimming shall be limited to the area required to clear cable passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree. Trimming of trees as hereinabove stated shall not take place by grantee until after due notification to the city regarding the same. (Ord. No. 2010-09, § 14, 11-9-10)

§ 4-23.6. Safety requirements.

In addition to those requirements stated herein, the operator shall insure that:

(a) The safety, functioning and appearance of the property and convenience and safety of other persons not be adversely affected by the installation or construction of facilities necessary for a cable system.

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§ 4-23.6 ALCOHOLIC BEVERAGES § 4-23.9

(b) The cost of the installation, construction, operation or removal of such facilities be borne by the cable operator or subscriber, or a combination of both.

(c) The owner of the property shall be justly compensated by the cable operator for any damages caused by installation, construction, operation or removal of such facilities by the operator.

(d) The operator shall insure that access to cable service is not denied to any group of potential residential cable subscribers because of income of the residents of the local area in which such group resides. Further, operator shall not, as to rates, charge of service facilities, rules, regulations or in any other respect, make or grant any undue preference or disadvantage on the basis of race, religion, sex, creed or national origin. (Ord. No. 2010-09, § 15, 11-9-10)

§ 4-23.7. Nonassignment.

The rights and privileges herein granted to the operator shall not be assigned, sublet or transferred without the prior written consent of the city council, such consent being duly adopted by resolution as spread upon the minutes of the city council. (Ord. No. 2010-09, § 16, 11-9-10)

§ 4-23.8. Removal of facilities upon request.

Upon termination of service extended subscriber, the grantee shall promptly remove all its facilities and equipment from the premises of such subscriber upon request. (Ord. No. 2010-09, § 17, 11-9-10)

§ 4-23.9. Reservation of rights.

It is hereby reserved to the city, the power to adopt any ordinance or amend any ordinance pertaining to cable TV operation regulation so as to require additional or greater standards of construction, operation, maintenance or otherwise on the part of the operator.

Neither the granting of this franchise nor any provision of this article shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

The right is hereby reserved to the city council to adopt, in addition to provisions contained herein, such additional regulations as it shall find necessary in the exercise of its police power.

The city shall have the right to inspect the books, records, maps, plans, income tax returns and other light materials of the grantee at any time during normal business hours.

The city shall have the right, during the life of this franchise to install and maintain free of charge upon poles of the grantee, any wire and pole fixtures necessary for police or fire alarm system, on the condition that such wire and pole fixtures do not interfere with the cable system operation of the grantee.

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§ 4-23.9 ALCOHOLIC BEVERAGES § 4-23.12

The city shall have the right to observe all construction or installation of work performed subject to the provisions of this franchise and make such inspections as it shall find necessary to determine compliance with the terms of this franchise and other pertinent provisions of law.

At the expiration of the term for which this franchise is granted, or upon its termination and cancellation, as provided for herein, the city shall have the right to require the grantee to remove, at its own expense, all portions of the West Alabama T.V. Cable Company, Inc., system from all public ways within the city. (Ord. No. 2010-09, § 18, 11-9-10)

§ 4-23.10. Maps, plats and reports.

The operator shall file with the city clerk two (2) accurate maps or plats of all existing or proposed installations. (Ord. No. 2010-09, § 19, 11-9-10)

§ 4-23.11. Forfeiture of franchise.

(a) In addition to all of the rights and powers pertaining to the city by virtue of this franchise or otherwise, the city reserves the right to terminate and cancel this franchise and all rights and privileges of the grantee hereunder in the event that the grantee:

(1) Violates any provision of this franchise or any rule, order or determination of the city council made pursuant to this franchise, except where such violation, other than of subsection (2) below, is in the opinion of the city, without fault or through excusable neglect.

(2) Becomes insolvent, unable to unwilling to pay its debts, files or has filed against it a petition of bankruptcy.

(3) Attempts to evade any of the provisions of this franchise or practices any fraud or deceit upon the city or its citizens.

(b) Such termination and cancellation shall be by ordinance adopted after thirty (30) days' written notice to the grantee and shall in no way affect any of the city's rights under this franchise or any provision of law. In the event that such termination and cancellation depends upon a finding of fact, such finding of fact as is made by the city council shall be conclusive provided, however, that before this franchise may be terminated and cancelled under this section, the operator must be provided with an opportunity to be heard before the city council. (Ord. No. 2010-09, § 20, 11-9-10)

§ 4-23.12. City's right of intervention.

The operator agrees not to oppose intervention by the city in any suit or proceedings to which the operator is a party. (Ord. No. 2010-09, § 21, 11-9-10)

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§ 4-23.13 ALCOHOLIC BEVERAGES § 4-23.17

§ 4-23.13. Further agreement and waiver by operator.

The operator agrees to abide by all provisions of this franchise and further agrees that it will not at any further time set up, against the city or the city council, the claim that the provisions of this franchise are unreasonable, arbitrary or void. (Ord. No. 1995-05, § 22, 9-5-95)

§ 4-23.14. Publication.

This article shall be published one (1) time in The Times-Record, a newspaper published in the City of Fayette, Alabama, and the city clerk is hereby directed to cause such publication to be made. Expense of such publication shall be paid by the grantee. (Ord. No. 2010-09, § 23, 11-9-10)

§ 4-23.15. Franchise fee.

In addition to all licenses, permits and taxes required by any rule, regulation, ordinance or law required to be paid by 47 U.S.C. Section 542, the operator shall pay a franchise fee to the

city in the amount equal to two and one-quarter (21/4) percent of such cable operator's gross basic service revenues derived in such period from the operation of the cable system. The franchise fee shall be due September 23 of each year. (Ord. No. 2010-09, § 24, 11-9-10)

§ 4-23.16. Erection, removal and common uses of poles.

(a) No poles or other wireholding structures shall be erected by the operator without prior approval of the city council with regard to location, height, type and other pertinent aspects. However, no location of any pole or wireholding structure of the operator shall be a vested interest and such poles or structures shall be removed or modified by the operator at its own expense whenever the city council determines that the public convenience would be enhanced thereby. Where poles or other wireholding structures already existing for use in serving the city by another utility are available for use by the operator, but it does not make arrangement for such use, the city council may require the operator to use such poles and structures if it determines the public convenience will be enhanced thereby and the terms of the use available to the operator are just and reasonable.

(b) Where the city council or a public utility serving the city desires to make use of the poles or other wireholding structures of the grantee, but agreement therefore with the grantee cannot be reached, the city council may require the grantee to permit such use for such consideration and upon such terms as the council determines that the use would enhance the public convenience and would not unduly interfere with the operator's system. (Ord. No. 2010-09, § 25, 11-9-10)

§ 4-23.17. Flow through of refunds.

If during the term of this franchise, the operator receives refunds of any payments made for television or radio signals, it shall without delay notify the city council, suggest a plan for flow

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§ 4-23.17 ALCOHOLIC BEVERAGES § 4-24

through of the refunds to its subscribers and retain such funds pending order of the council. After considering the plan submitted by the operator, the council shall order the flow through of the funds to the operators and subscribers in a fair and equitable manner. By its acceptance of this franchise, the operator specifically grants and agrees that if, during the term hereof, it receives refunds of any payment made for television or radio signals, it shall without delay, notify the city council, suggest a plan for flow through of the funds to its subscriber, retain the funds pending order of the council and flow through such funds in accordance with the order of the council. (Ord. No. 2010-09, § 26, 11-9-10)

§ 4-23.18. Termination of previously granted franchise. The franchise previously granted by the city to the cable operator under Ordinance 1995-05 dated September 5, 1995, and effective on October 1, 1995, for a term of fifteen (15) years, is hereby, by mutual consent, terminated as of the effective date of this ordinance [November 9, 2010]. (Ord. No. 2010-09, § 27, 11-9-10)

§ 4-23.19. Severability. If any section, subsection, sentence, clause, phrase, portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. No. 2010-09, § 28, 11-9-10)

§ 4-23.20. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this article are hereby repealed to the extent of such conflict. (Ord. No. 2010-09, § 29, 11-9-10)

§ 4-23.21. Effective date. This article shall become effective upon publication and acceptance as aforesaid and expire five (5) years from date of acceptance. (Ord. No. 2010-09, § 30, 11-9-10)

ARTICLE IV - FLOOD DAMAGE PREVENTION

§ 4-24 Statutory Authorization

The Legislature of the State of Alabama has in §11-52-1, et. seq., and §41-9-166, 1975, Code of Alabama, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. (Ord. # 1984-5, Art. I., § A, Feb. 20, 1984.)

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§ 4-25 ALCOHOLIC BEVERAGES § 4-27

§ 4-25 Findings of Fact (1) The flood hazard areas of the City of Fayette are subject to periodic inundation which results in property, health and safety hazards and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood hazards can be intensified and increased by the cumulative effect of obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood-proofed, or otherwise protected from flood damage. (Ord. # 1984-5, Art. I, § B, Feb. 20, 1984.)

§ 4-26 Statement of Purpose It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase erosion or flood damage; and, (5) Prevent or regulate the construction of flood barriers which will unnaturally divert waters or which may increase flood hazards to other lands. (Ord. No. 1984-5, Art. I, § C, 2-20-84)

§ 4-27. Objectives. The objectives of this article are: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and,

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§ 4-27 ALCOHOLIC BEVERAGES § 4-28

(7) To insure that potential home buyers are notified that property is in a flood zone. (Ord. No. 1984-5, Art. I, § D, 2-20-84)

§ 4-28. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application. Addition (to existing building) means any walled or roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter load-bearing walls is new construction. Appeal means a request for a review of the city building inspector's interpretation of any provision of this article or a request for a variance.

Area of shallow flooding means a designated AO or VO Zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Basement means that portion of a building having its floor subgrade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. Building means any structure built for support, shelter or enclosure for any occupancy or storage. Development means any manmade change to improved or unimproved real estate, includ- ing, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, or permanent storage of materials.

Elevated building means a nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, piling, columns (posts and piers), shear walls, or breakaway walls. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal water; or

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§ 4-28 ALCOHOLIC BEVERAGES § 4-28

(2) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as Zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Floor means the top surface of an enclosed area in a building (including basement), i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair, or seafood processing facilities. The term does not include long-term storage, manu- facture, sales, or service facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purpose of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means structures for which the "start of construction" commenced on or after the effective date of this ordinance [Jan. 19, 1987].

Start of construction for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair,

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§ 4-28 ALCOHOLIC BEVERAGES § 4-30

reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure (including a manufactured home) on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land prepara- tion, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.

Structure means a walled and roofed building that is principally aboveground, a manufac- tured home, a gas or liquid storage tank, or other manmade facilities or infrastructures.

Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure, taking place during the life of a structure in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The market value of the structure should be (1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of damage, the value of the structure prior to the damage occurring. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure required to comply with existing health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.

Variance is a grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited by this article where specific enforcement would result in unnecessary hardship. (Ord. No. 1984-5, Art. II, 2-20-84; Ord. No. 1987-02, § 1(A), 1-19-87)

§ 4-29. Lands to which this article applies.

This article shall apply to all areas of special flood hazard within the jurisdiction of the City of Fayette. (Ord. No. 1984-5, Art. III, § A, 2-20-84)

§ 4-30. Basis for establishing the areas of special flood hazard.

The area of special flood hazard identified by the Federal Emergency Management Agency in its "Flood Insurance Study, City of Fayette, Alabama," dated September 1, 1983, and the Flood Insurance Rate Map, dated March 1, 1984, and any revision thereto are adopted by reference and declared to be a part of this article. (Ord. No. 1984-5, Art. III, § B, 2-20-84)

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§ 4-31 ALCOHOLIC BEVERAGES § 4-36

§ 4-31. Establishment of development permit.

A development permit shall be required in conformance with the provisions of this article prior to the commencement of any development activities. (Ord. No. 1984-5, Art. III, § C, 2-20-84)

§ 4-32. Compliance.

No structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this article and other applicable regulations. (Ord. No. 1984-5, Art. III, § D, 2-20-84)

§ 4-33. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 1984-5, Art. III, § E, 2-20-84)

§ 4-34. Interpretation.

In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. # 1984-5, Art. III, § F, Feb. 20, 1984.)

§ 4-35 Warning and Disclaimer of Liability

The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the City of Fayette, or by any officer or employee thereof, for any flood damages that result from reliance on this Article or any administrative decision lawfully made hereunder. (Ord. # 1984-5, Art. III, § G, Feb. 20, 1984.)

§ 4-36 Penalties for Violation

Violation of the provisions of this Article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than thirty (30)

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§ 4-36 ALCOHOLIC BEVERAGES § 4-38

days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Fayette from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. # 1984-5, Art. III, § H, Feb. 20, 1984.)

§ 4-37 Designation of City Building Inspector

The City Building Inspector is hereby appointed to administer and implement the provisions of this Article, (Ord. # 1984-5, Art. IV, § A, Feb. 20, 1984.)

§ 4-38 Permit Procedures

Application for a Development Permit shall be made to the City Building Inspector on forms furnished by him, prior to any development activities, and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:

(1) Elevation in relation to mean sea level of the proposed lowest floor (including basement) of all structures.

(2) Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed.

(3) Provide a certificate from a registered professional engineer or architect that the non-residential flood-proofed structure meets the flood-proofing criteria in § 4-42 (2).

(4) Description of the extent to which any water-course will be altered or relocated as a result of proposed development.

(5) Provide a flood elevation of flood-proofing certification after the lowest floor is completed. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or flood-proofing by whatever construction means, it shall be the duty of the permit holder to submit to the City Building Inspector a certification of the elevation of the lowest floor, flood-proofed elevation, or the elevation of the lowest portion of the horizontal structural members of the lowest floor, whichever is applicable, as built. Said certification shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. When flood-proofing is utilized for a particular building, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) day calendar period and prior to submission of the certification shall be at the permit holder's risk. The City Building Inspector shall review the Flood Elevation Survey data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further

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§ 4-38 ALCOHOLIC BEVERAGES § 4-39

progressive work being permitted to proceed. Failure to submit the survey or failure to make said corrections required hereby shall be cause to issue a stop-work order for the project. (Ord. # 1984-5, Art. IV, § B, Feb. 20, 1984.)

§ 4-39 Duties and Responsibilities of the City Building Inspector

The duties of the City Building Inspector shall include, but not be limited to:

(1) Review all development permits to assure that the permit requirements of this Article have been satisfied. (2) Advise permittees that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the Alabama Department of Economic and Commu- nity Affairs prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.

(4) Assure that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures in accordance with § 4-38 (5) above. Verification may be accomplished by obtaining a statement on as-built elevations certified by the engineer or land surveyor who supplied the initial elevations for the applicant. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood-proofed, in accordance with § 4-38 (5) above. Verification may be accomplished by obtaining a statement on as-built elevations certified by the engineer or surveyor who supplied the initial elevations for the applicant.

(7) When flood-proofing is utilized for a particular structure, the City Building Inspector shall obtain certification from a registered professional engineer or architect.

(8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the city building inspector shall make the necessary interpretation. The person contesting the location of the boundary shall be given reasonable opportunity to appeal the interpretation as provided in this article.

(9) When base flood elevation data has not been provided in accordance with section 4-30 above, then the city building inspector shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of sections 4-41 through and including section 4-44.

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§ 4-39 ALCOHOLIC BEVERAGES § 4-40

(10) All records pertaining to the provisions of this article shall be maintained in the office of the clerk of the City of Fayette and shall be open for public inspection. (Ord. No. 1984-5, Art. IV, § C, 2-20-84)

§ 4-40. Variance procedures.

(1) The zoning board of adjustments as established by the zoning ordinance of the City of Fayette shall hear and decide appeals and requests for variance from the requirements of this article.

(2) The zoning board of adjustments shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the city building inspector in the enforcement or administration of this article.

(3) Any person aggrieved by the decision of the zoning board of adjustments, or any taxpayer may appeal such decision to the Circuit Court of Fayette County, Alabama, as provided in said zoning ordinance and in section 11-52-61, 1975 Code of Alabama.

(4) Variances may be issued for the reconstruction, rehabilitation or restoration of struc- tures listed on the National Register of Historic Places of the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section, except for section 4-40(8)(a) and (d), and provided the proposed reconstruction, rehabilitation, or restoration will not result in the structure losing its historical designation.

(5) In passing upon such application, the zoning board of adjustments shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this article, and: (a) The danger that materials may be swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; and

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§ 4-40 ALCOHOLIC BEVERAGES § 4-41

(k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

(6) Upon consideration of the factors listed above and the purpose of this article, the zoning board of adjustments may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article.

(7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(8) Conditions for variances:

(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(d) The city building inspector shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. (Ord. No. 1984-5, Art. IV, § D, 2-20-84; Ord. No. 1987-02, § 1(B), (C), 1-19-87)

§ 4-41. General standards.

In all areas of special flood hazard the following provisions are required:

(1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(2) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the- top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(3) All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage.

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§ 4-41 ALCOHOLIC BEVERAGES § 4-42

(4) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (5) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. (6) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (7) Any alteration, repair, reconstruction, or improvements to a structure which is in compliance with the provisions of this article, shall meet the requirements of "new construction" as contained in this article. (Ord. No. 1984-5, Art. V, § A, 2-20-84; Ord. No. 1987-02, § 1(D), 1-19-87)

§ 4-42. Specific standards.

In all areas of special flood hazard where base flood elevation data has been provided, as set forth in section 4-30 or section 4-39, the following provisions are required: (1) Residential construction. New construction or substantial improvement of any resi- dential structure shall have the lowest floor, including basement, elevated not lower than 0 feet, above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of section 4-42(3). (2) Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is water tight and with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in section 4-38(3). (3) Elevated buildings. New construction or substantial improvements of elevated build- ings that include fully enclosed areas formed by foundation and other exterior walls below the base flood elevation shall be designated to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls. (a) Designs for complying with this must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one foot above grade; and,

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§ 4-42 ALCOHOLIC BEVERAGES § 4-43

(iii) Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions. (b) Electrical, plumbing, and other utility connections are prohibited below the base flood elevation; (c) Access to the enclosed areas shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of Maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairways or elevator); and, (d) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (4) Floodways. Located within areas of special flood hazard established in section 4-30 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and has erosion potential, the following provisions shall apply: (a) Prohibit encroachments, including fill, new construction, substantial improve- ments and other developments unless certification by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge. (b) If the above subsection is satisfied, all new construction and substantial improve- ments shall comply with all applicable flood hazard reduction provisions of sections 4-41 and 4-42. (c) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured home (mobile homes) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of section 4-41(2) and the elevation standards of section 4-42(1) are met. (Ord. No. 1984-5, Art. V, § C, 2-2-84; Ord. No. 1987-02, § 1(E)—(G), 1-19-87)

§ 4-43. Standards for subdivision proposals.

(1) All subdivision proposals shall be consistent with the need to minimize flood damage.

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(4) Base flood elevation data shall be provided for subdivision proposals and other proposed development (including manufactured home parks and subdivisions) which is greater than the lesser of fifty (50) lots or five (5) acres. (Ord. No. 1984-5, Art. V, § C, 2-20-84; Ord. No. 1987-02, § 1(H), 1-19-87)

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§ 4-44 ALCOHOLIC BEVERAGES § 4-45

§ 4-44. Standards for small homes.

Located within the areas of special flood hazard established in section 4-30, where small streams exist but where no base flood data has been provided or where no floodways have been provided, the following provisions apply:

(1) No encroachments, including fill material or structures shall be located within a distance of the stream bank equal to five (5) times the width of the stream at the top of bank or twenty (20) feet on each side from top of bank, whichever is greater, unless certification by a registered professional engineer is provided demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(2) New construction or substantial improvements of structures shall be elevated or flood-proofed in accordance with elevations established in accordance with section 4-39. (Ord. No. 1984-5, Art. V, § D, 2-20-84)

§ 4-45. Standards for areas of shallow flooding (AO Zones).

Located within the areas of special flood hazard established in section 4-30 are areas designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one to three (3) feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore the following provisions apply:

(1) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement, shall be elevated, at least two (2) feet above the highest adjacent grade.

(2) All new construction and substantial improvements of nonresidential structures shall:

(a) Have the lowest floor, including basement, elevated to the depth number specified on the flood insurance rate map, in feet, above the highest adjacent grade. If no depth number is specified, the lowest floor, including basement shall be elevated at least two (2) feet above the highest adjacent grade, or;

(b) Together with attendant utility and sanitary facilities be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural compo- nents having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (Ord. No. 1987-02, § 1(I), 1-19-87)

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§ 4-46 ALCOHOLIC BEVERAGES § 4-48

ARTICLE V. FLOOD DAMAGE PREVENTION ORDINANCE— NON-COASTAL/RIVERINE COMMUNITIES

DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND OBJECTIVES

§ 4-46. Statutory authorization.

The Legislature of the State of Alabama has in Title 11, Chapter 19, Sections 1—24, Chapter 45, Sections 1—11, Chapter 52, Sections 1—84, and Title 41, Chapter 9, Section 166 of the Code of Alabama, 1975, authorized local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City of Fayette, Alabama, does ordain as follows. (Ord. No. 2010-02, § 1(Art. 1, § A), 5-11-10)

§ 4-47. Findings of fact.

(1) The flood hazard areas of the City of Fayette, Alabama, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(2) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, floodproofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. (Ord. No. 2010-02, § 1(Art. 1, § B), 5-11-10)

§ 4-48. Statement of purpose.

It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(2) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

(3) Control filling, grading, dredging and other development which may increase flood damage or erosion;

(4) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood damage or erosion; and

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§ 4-48 ALCOHOLIC BEVERAGES § 4-51

(5) Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters. (Ord. No. 2010-02, § 1(Art. 1, § C), 5-11-10)

§ 4-49. Objectives.

The objectives of this article are:

(1) To protect human life and health;

(2) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(3) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas;

(4) To minimize expenditure of public money for costly flood control projects;

(5) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(6) To minimize prolonged business interruptions; and

(7) To insure that potential home buyers are notified that property is in a flood area. (Ord. No. 2010-02, § 1(Art. 1, § D), 5-11-10)

DIVISION 2. GENERAL PROVISIONS

§ 4-50. Lands to which this article applies.

This article shall apply to all areas of special flood hazard within the jurisdiction of the City of Fayette, Alabama. (Ord. No. 2010-02, § 1(Art. 2, § A), 5-11-10)

§ 4-51. Basis for area of special flood hazard.

The areas of special flood hazard identified by the Federal Emergency Management Agency in its flood insurance study (FIS), dated June 4, 2010, with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this article. For those land areas acquired by a municipality through annexation, the current effective FIS and data for Fayette County are hereby adopted by reference. Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. (Ord. No. 2010-02, § 1(Art. 2, § B), 5-11-10)

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§ 4-52 ALCOHOLIC BEVERAGES § 4-57

§ 4-52. Establishment of development permit.

A development permit shall be in conformance with the provisions of this article prior to the commencement of any development activities. (Ord. No. 2010-02, § 1(Art. 2, § C), 5-11-10)

§ 4-53. Compliance.

No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this article and other applicable regulations. (Ord. No. 2010-02, § 1(Art. 2, § D), 5-11-10)

§ 4-54. Abrogation and greater restrictions.

This article is not intended to repeal, abrogate, or impair any existing article, easements, covenants, or deed restrictions. However, where this article and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. No. 2010-02, § 1(Art. 2, § E), 5-11-10)

§ 4-55. Interpretation.

In the interpretation and application of this article all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 2010-02, § 1(Art. 2, § F), 5-11-10)

§ 4-56. Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of the City of Fayette or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. No. 2010-02, § 1(Art. 2, § G), 5-11-10)

§ 4-57. Penalties for violation.

Violation of the provisions of this article or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such

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§ 4-57 ALCOHOLIC BEVERAGES § 4-60

violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Fayette from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. No. 2010-02, § 1(Art. 2, § H), 5-11-10)

§ 4-58. Savings clause.

If any section, subsection, sentence, clause, phrase, or word of this article is for any reason held to be noncompliant with 44 Code of Federal Regulation 59-78, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 2010-02, § 1(Art. 2, § I), 5-11-10)

DIVISION 3. ADMINISTRATION

§ 4-59. Designation of article administrator.

The City of Fayette City Engineer, acting as the floodplain administrator is hereby appointed to administer and implement the provisions of this article. (Ord. No. 2010-02, § 1(Art. 3, § A), 5-11-10)

§ 4-60. Permit procedures.

Application for a development permit shall be made to the floodplain administrator on forms furnished by the community prior to any development activities, and may include, but not be limited to, the following: Plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, fill placement, storage of materials or equipment, and drainage facilities.

Specifically, the following information is required: (1) Application stage: (a) Elevation in relation to mean sea level (or highest adjacent grade) of the regulatory lowest floor level, including basement, of all proposed structures; (b) Elevation in relation to mean sea level to which any nonresidential structure will be floodproofed; (c) Design certification from a registered professional engineer or architect that any proposed nonresidential floodproofed structure will meet the floodproofing crite- ria of subsections 4-63(2) and 4-66(2); (d) Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development; and (2) Construction stage: For all new construction and substantial improvements, the permit holder shall provide to the floodplain administrator an as-built certification of the regulatory floor elevation or floodproofing level using appropriate FEMA elevation or floodproofing certificate immediately after the lowest floor or floodproofing is

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§ 4-60 ALCOHOLIC BEVERAGES § 4-61

completed. When floodproofing is utilized for nonresidential structures, said certifica- tion shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The floodplain administrator shall review the above referenced certification data submitted. Deficiencies detected such review shall be corrected by the permit holder immedi- ately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project. (Ord. No. 2010-02, § 1(Art. 3, § B), 5-11-10)

§ 4-61. Duties and responsibilities of the administrator.

Duties of the floodplain administrator shall include, but shall not be limited to:

(1) Review all development permits to assure that the permit requirements of this article have been satisfied; and, assure that sites are reasonably safe from flooding.

(2) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by federal or state law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

(3) When base flood elevation data or floodway data have not been provided in accordance with section 4-51, then the floodplain administrator shall obtain, review and reason- ably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of division 4.

(4) Verify and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the regulatory floor level, including basement, of all new construction or substantially improved structures in accordance with subsection 4-60(2).

(5) Verify and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been floodproofed, in accordance with subsections 4-63(2) and 4-66(2).

(6) When floodproofing is utilized for a structure, the floodplain administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with subsections 4-60(1)(c) and subsection 4-63(2) or subsection 4-66(2).

(7) Notify adjacent communities and the Alabama Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notifica- tion to the Federal Emergency Management Agency (FEMA), and the Alabama Department of Economic and Community Affairs/Office of Water Resources/NFIP state coordinator's office.

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§ 4-61 ALCOHOLIC BEVERAGES § 4-62

(8) For any altered or relocated watercourse, submit engineering data/analysis within six (6) months to the FEMA and state to ensure accuracy of community flood maps through the letter of map revision process. Assure flood carrying capacity of any altered or relocated watercourse is maintained. (9) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the floodplain administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (10) All records pertaining to the provisions of this article shall be maintained in the office of the floodplain administrator and shall be open for public inspection. (Ord. No. 2010-02, § 1(Art. 3, § C), 5-11-10)

DIVISION 4. PROVISIONS FOR FLOOD HAZARD REDUCTION

§ 4-62. General standards.

In all areas of special flood hazard the following provisions are required: (1) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse and lateral movement of the structure; (2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (3) New construction and substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (4) Elevated buildings. All new construction and substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood-resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwaters. (a) Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: (i) Provide a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding; (ii) The bottom of all openings shall be no higher than one (1) foot above grade; and (iii) Openings may be equipped with screens, louvers, valves and other coverings and devices provided they permit the automatic flow of floodwater in both directions.

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§ 4-62 ALCOHOLIC BEVERAGES § 4-63

(b) So as not to violate the "lowest floor" criteria of this article, the unfinished or flood-resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and (c) The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. (5) All heating and air conditioning equipment and components, all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (6) Manufactured homes shall be anchored to prevent flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over- the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces;

(7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

(8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;

(9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding; and

(10) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with the provisions of this article, shall be undertaken only if the noncon- formity is not furthered, extended or replaced. (Ord. No. 2010-02, § 1(Art. 4, § A), 5-11-10)

§ 4-63. Specific standards.

In all areas of special flood hazard designated as A1-30, AE, AH, A (with estimated BFE), the following provisions are required:

(1) New construction and substantial improvements. Where base flood elevation data are available, new construction and substantial improvement of any structure or manu- factured home shall have the lowest elevated no lower than one (1) foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 4-62(4), "elevated buildings."

(2) Nonresidential construction. New construction and substantial improvement of any nonresidential structure located in A1-30, AE, or AH zones, may be floodproofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be watertight to one (1) foot above the base flood elevation, with

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§ 4-63 ALCOHOLIC BEVERAGES § 4-63

walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in subsection 4-61(6).

(3) Standards for manufactured homes and recreational vehicles. Where base flood elevation data are available:

(a) All manufactured homes placed and substantially improved on: (i) Individual lots or parcels, (ii) In new or substantially improved manufactured home parks or subdivi- sions, (iii) In expansions to existing manufactured home parks or subdivisions, or (iv) On a site in an existing manufactured home park or subdivision where a manufactured home has incurred substantial damage as the result of a flood, must have the lowest floor basement elevated no lower than one (1) foot above the base flood elevation.

(b) Manufactured homes placed and substantially improved in an existing manufac- tured home park or subdivision may be elevated so that either: (i) The lowest floor of the manufactured home is elevated no lower than one (1) foot above the level of the base flood elevation, or (ii) Where no base flood elevation exists, the manufactured home chassis and supporting equipment is supported by reinforced piers or other foundation elements of at least equivalent strength and is elevated to a maximum of sixty (60) inches (five (5) feet) above grade.

(c) All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (Refer: section 4-62.)

(d) All recreational vehicles placed on sites must either: (i) Be on the site for fewer than one hundred eighty (180) consecutive days, fully licensed and ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions; or

(ii) The recreational vehicle must meet all the requirements for new construc- tion, including the anchoring and elevation requirements of subsection 4-63(3)(a), (c), above.

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§ 4-63 ALCOHOLIC BEVERAGES § 4-64

(4) Standards for subdivisions. (a) All subdivision proposals shall be consistent with the need to minimize flood damage; (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and (d) Base flood elevation data shall be provided for subdivision proposals and all other proposed development, including manufactured home parks and subdivisions, greater than fifty (50) lots or five (5) acres, whichever is the lesser. (Ord. No. 2010-02, § 1(Art. 4, § B), 5-11-10)

§ 4-64. Floodways.

Located within areas of special flood hazard established in section 4-51, are areas designated as floodways. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroach- ment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: (a) The community shall select and adopt a regulatory floodway based on the waters of the base flood, without increasing the water surface elevation of that flood more than one (1) foot at any point; (b) Encroachments are prohibited, including fill, new construction, substantial improve- ments or other development within the adopted regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof; (c) A community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision, fulfills the requirements for such revisions as established under the provisions of § 65-12[sic], and receives the approval of the administrator.

(d) Require, until a regulatory floodway is designed, that no new construction, substantial improvement, or other development (including fill) shall be permitted within Zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumula- tive effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the community.

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§ 4-64 ALCOHOLIC BEVERAGES § 4-66

(e) Only if subsections (b), (c) or (d), above, are satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of division 4. (Ord. No. 2010-02, § 1(Art. 4, § C), 5-11-10)

§ 4-65. Building standards for streams without established base flood elevations (approximate A-zones). Located within the areas of special flood hazard established in section 4-51, where streams exist but no base flood data have been provided (approximate A-zones), the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with section 4-51, then the floodplain administrator shall obtain, review, and reason- ably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of division 4. Only if data are not available from these sources, then the following provisions (2) and (4) shall apply. (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or twenty-five (25) feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge. (3) All development in Zone A must meet the requirements of section 4-59 and subsections 4-60(1) through (4). (4) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three (3) feet above the highest adjacent grade at the building site. Also, in the absence of a base flood elevation, a manufactured home must also meet the elevation requirements of subsection 4-63(3)(b)(ii) in that the structure must be elevated to a maximum of sixty (60) inches (five (5) feet). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 4-62(4), elevated buildings. The floodplain administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (Ord. No. 2010-02, § 1(Art. 4, § D), 5-11-10)

§ 4-66. Standards for areas of shallow flooding (AO) zones. Areas of special flood hazard established in section 4-51, may include designated AO shallow flooding areas. These areas have base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. The following provisions apply: (1) All new construction and substantial improvements of residential and nonresidential structures shall have the lowest floor, including basement, elevated to the flood depth

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§ 4-66 ALCOHOLIC BEVERAGES § 4-67

number specified on the flood insurance rate map (FIRM) above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the adjacent grade. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 4-62(4), elevated buildings.

The floodplain administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

(2) New construction and the substantial improvement of a nonresidential structure may be floodproofed in lieu of elevation. The with structure, together with attendant utility and sanitary facilities, must be designated to be watertight to the specific FIRM flood level or two (2) feet (if no map elevation is listed), above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in subsections 4-60(1)(c) and (2).

(3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. (Ord. No. 2010-02, § 1(Art. 4, § E), 5-11-10)

DIVISION 5. VARIANCE PROCEDURES

§ 4-67. Variance procedures.

(a) The zoning board of adjustment as established by the City of Fayette shall hear and decide requests for appeals or variance from the requirements of this article.

(b) The board shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the floodplain administrator in the enforcement or administration of this article.

(c) Any person aggrieved by any final judgment or decision of the zoning board of adjustment may, within fifteen (15) days thereafter appeal therefrom to the circuit court or court of like jurisdiction, by filing with the board a written notice of appeal specifying the judgment or decision from which appeal is taken.

(d) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

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§ 4-67 ALCOHOLIC BEVERAGES § 4-67

(e) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(f) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g) In reviewing such requests, the zoning board of adjustment shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article.

(h) Conditions for variances:

(1) A variance shall be issued only when there is:

a. A finding of good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(2) The provisions of this article are minimum standards for flood loss reduction, therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building.

(3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(4) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency and the Alabama Department of Economic and Community Affairs/Office of Water Resources upon request.

(i) Upon consideration of the factors listed above and the purposes of this article, the zoning board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (Ord. No. 2010-02, § 1(Art. 5), 5-11-10)

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§ 4-68 ALCOHOLIC BEVERAGES § 4-68

DIVISION 6. DEFINITIONS

§ 4-68. Definitions.

Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this article its most reasonable application.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing wall shall be considered "new construction".

Area of shallow flooding means a designated AO or AH Zone on a community's flood insurance rate map (FIRM) with base flood depths from one (1) to three (3) feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

Area of flood hazard is the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in section 4-51.

Base flood means the flood having a one (1) percent chance of being equaled or exceeded in any given year.

Basement means that portion of a building having its floor sub grade (below ground level) on all sides.

Building means any structure built for support, shelter, or enclosure for any occupancy or storage.

Development means any manmade change to improved or unimproved real estate, includ- ing, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, and storage of equipment or materials.

Elevated building means a nonbasement building which has its lowest elevated floor raised above ground level by foundation walls, pilings, posts, columns, piers, or shear walls.

Existing construction is any structure for which the "start of construction" commenced before June 4, 2010.

Existing manufactured home or subdivision means a manufactured home park or subdivi- sion for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before June 4, 2010.

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Expansion to an existing manufactured home or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufac- tured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

(a) The overflow of inland or tidal waters; or

(b) The unusual and rapid accumulation or runoff of surface waters from any source.

Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been designated as Zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated the areas of special flood hazard and/or risk premium zones applicable to the community.

Flood insurance study and flood elevation study mean an examination, evaluation and determination of flood hazards and, if appropriate, corresponding watersurface elevations, or an examination, evaluation and determination of mudslide and/or flood-related erosion hazards.

Floodplain means any land area susceptible to being inundated by water from any source.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facility that are necessary for the loading and unloading of cargo or passengers, and shipbuilding, and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Historic structure means any structure that is:

(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

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(c) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or eligible by communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior, or (2) Directly by the Secretary of the Interior in states without approved programs.

Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code.

Manufactured home means a building, transportable in one (1) or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive days or longer and intended to be improved property.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this article, the term is synonymous with National Geodetic Vertical Datum (NGVD) of 1929 or other datum.

National Geodetic Vertical Datum (NGVD), as corrected, in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain.

New construction means any structure (see definition) for which the start of construction commenced after June 4, 2010, and includes any subsequent improvements to the structure.

New manufactured home or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after June 4, 2010.

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Repetitive loss means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damages occurred.

Recreational vehicle means a vehicle which is:

(a) Built on a single chassis;

(b) Four hundred (400) square feet or less when measured at the largest horizontal projection;

(c) Designed to be self-propelled or permanently towable by a light duty truck; and

(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Remedy a violation means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

Section 1316 indicates no new flood insurance shall be provided for any property which the administrator finds has been declared by a duly constituted state or local zoning authority or other authorized public body, to be in violation of state or local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.

Start of construction means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure.) (Note: accessory structures are not exempt from any article requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure means a walled and roofed building that is principally above ground, a manufac- tured home, a gas or liquid storage tank.

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Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial damage also means flood-related damages sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damages occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. The market value of the building should be:

(1) The appraised value of the structure prior to the start of the initial repair or improvement, or

(2) In the case of damage, the value of the structure prior to the damage occurring. This term includes structures which have incurred substantial damage, regardless of the actual amount of repair work performed.

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. The term does not, however, include either:

(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Substantially improved existing manufactured home, parks or subdivisions is where the repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds fifty (50) percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

Variance is a grant of relief from the requirements of this article which permits construction in a manner otherwise prohibited by this article.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required

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§ 4-68 ALCOHOLIC BEVERAGES § 4-68

in the Code of Federal Regulations (CFR) 44, § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) and corresponding parts of this article is presumed to be in violation until such time as that documentation is provided. (Ord. No. 2010-02, § 1(Art. 6), 5-11-10)

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CHAPTER 5

CIVIL EMERGENCY

ARTICLE I - CIVIL DEFENSE § 5-1 Civil Defense Defined § 5-2 Civil Defense Director § 5-3 Civil Defense Organization - Composition § 5-4 Volunteers § 5-5 Civil Defense Organization - Power and Duties § 5-6 Provisions of Chapter Emergency Measures § 5-7 Fallout Shelters - Definition § 5-8 Provisions According to Law § 5-9 Fallout Shelters in New Construction § 5-10 Fallout Shelters - Exceptions § 5-11 Authority of Planning Commission

ARTICLE II - PARADES AND DEMONSTRATIONS § 5-12 Public Demonstration in Streets - Permit Required; Exception § 5-13 Penalty for Violation § 5-14 Civil Emergency - Definitions § 5-15 Civil Emergency - Proclamation by Mayor § 5-16 Civil Emergency - Curfew § 5-17 Civil Emergency - Powers of Mayor § 5-18 Penalty for Violation

ARTICLE I - CIVIL DEFENSE

§ 5-1 Civil Defense Defined

As used in this chapter, the term "civil defense" shall include measures for the mobilization, organization and direction of the civilian population and necessary support agencies to prevent, or minimize, the effects of fire, flood, earthquake and epidemic, as well as the effects of nuclear war, or any subversive activities against the populace, communities, industrial plants, facilities and other installations. (Ord. of May 15, 1961, § 1; for state law regarding civil defense, see: Code of Alabama, §§ 31-9-10 through 31-9-24.)

§ 5-2 Civil Defense Director

There is hereby created the office of the Fayette Civil Defense Director. Such officer shall be nominated by the mayor and approved by the council. The civil defense director is hereby charged: a. To represent the mayor on all matters pertaining to civil defense. b. During periods of emergency, to direct the services of all municipal civil defense forces.

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§ 5-2 ALCOHOLIC BEVERAGES § 5-6

c. To obtain and utilize the cooperation of city, county, and state officials in the preparation and implementation of all civil defense operation survival plans.

d. During periods of emergency, to obtain vital supplies and equipment needed for the protection of life and property of people. (Ord. of May 15, 1961, § 3.)

§ 5-3 Civil Defense Organization - Composition

Officers and employees of the City of Fayette, with volunteer forces enrolled to aid them during an emergency, and with all groups, organizations and persons who make the agreements on operation of law, be and are hereby charged with duties necessary for the protection of life and property in the City of Fayette during an emergency. (Ord. of May 15, 1961, § 4.)

§ 5-4 Volunteers

All persons, other than officers and employees of the city, volunteering in service pursuant to compliance with this chapter, shall serve with, or without, compensation. While engaged in such service, they shall have the same immunities as persons and employees of the city performing similar duties. (Ord. of May 15, 1961, § 5.)

§ 5-5 Civil Defense Organization - Powers and Duties

It shall be the duty of the Fayette Civil Defense Organization, and it is hereby empowered to:

a. Develop a municipal civil defense operational survival plan. This plan shall provide for the effective mobilization of all resources of the municipality, both private and public.

b. Prepare and recommend for consideration by the council, ordinances necessary to implement the civil defense operation survival plan.

c. Consider and recommend to the council for approval all mutual aid plans and agreements. (Ord. of May 15, 1961, § 2.)

§ 5-6 Provisions of Chapter Emergency Measures

The provisions of this chapter are hereby declared to be emergency measures necessary for the immediate preservation of public business, health and safety and they shall take effect immediately. A complete and adequate civil defense operational survival plan will be formulated at once. This plan will be based upon plans formulated by and in the Alabama operational survival plan. (Ord. of May 15, 1961, § 6.)

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§ 5-7 ALCOHOLIC BEVERAGES § 5-10

§ 5-7 Fallout Shelters - Definition

As used in this chapter, a "publicly owned building or structure" shall mean any building or structure owned, or to be used exclusively for public purposes, by any department or branch of government, state, county, or municipal. (Ord. of July 6, 1970, § 1.)

§ 5-8 Provisions According to Law

The following provisions shall apply to any publicly owned building or structure, as hereinabove defined, to the extent legally permitted. (Ord. of July 6, 1970, § 2.)

§ 5-9 Fallout Shelters in New Construction

All new public buildings or structures, hereafter planned or constructed, and any additions to existing buildings or structures, hereafter planned or constructed in the City of Fayette, Alabama, or within its police jurisdiction, shall be so planned and constructed that fallout protection from radioactivity for at least the normal anticipated occupancy will be provided and must meet the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense in Part A, Chapter 1, Appendix 1, of the Federal Civil Defense Guide - September, 1967 - and Department of the Army Technical Memorandum 61-3, dated March, 1965, copies of which are on file with the city clerk of the City of Fayette, Alabama, where the same may be inspected by the public. No building permit shall be issued for construction of such building or structure without incorporation of the require- ments hereof at the time of the beginning of the planning of such building or structure. (Ord. of July 6, 1970, § 3; for authority, see: Act No. 757, Sept. 12, 1969.)

§ 5-10 Fallout Shelters - Exceptions

In no case, however, shall a requirement be made if the cost of inclusion of radioactive fallout protection in such building or structure would create an additional net cost in the cost of any such building or structure in excess of the percentages of the estimated costs of such building or structure as follows:

4% for costs of $50,000 to $500,000

3% for costs of $500,001 to $1,500,000

2% for costs exceeding $1,500,001.

In the event other factors make unnecessary or impracticable the incorporation of such fallout shelter, the person, official, board, commission, or council causing such building or structure to be constructed may appeal to the planning commission of the City of Fayette, Alabama, sitting as a board of adjustment or appeals of the City of Fayette, Alabama, in the manner and as provided for other appeals. (Ord. of July 6, 1970, § 4.)

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§ 5-11 ALCOHOLIC BEVERAGES § 5-13

§ 5-11 Authority of Planning Commission

The planning commission of the City of Fayette when so appealed to and after a hearing, may exempt, vary, or modify the requirements of § 5-9 to any particular case when, in its opinion, the enforcement thereof would be unnecessary or impracticable or would be contrary to the public interest. A decision of the planning commission of the City of Fayette, Alabama, to vary or modify the application of any provisions of § 5-9 shall specify in what manner such variation or modification shall be permitted and the reasons therefore. (Ord. of July 6, 1970, § 5.)

ARTICLE II - PARADES AND DEMONSTRATIONS

§ 5-12 Public Demonstration in Streets - Permit Required; Exception

It shall be unlawful to promote, organize or hold or assist in organizing or holding, or to take part or participate in, any parade or procession or other public demonstration in the streets or other public ways of the city, unless a permit therefor has been secured from the city council of the City of Fayette, Alabama.

To secure such permit, written application shall be made to the city council of the City of Fayette, Alabama, setting forth the hour and date, and the probable number of persons, vehicles and animals which will be engaged in such parade, procession or other public demonstration, the purpose for which it is to be held or had and the streets or other public ways over, along or in which it is desired to have or hold such parade, procession or public demonstration. The city council of the City of Fayette, Alabama, shall grant a written permit for such parade, procession or public demonstration, prescribing the streets or other public ways which may be used therefor unless, in its judgment, the public welfare, peace, safety, health, decency, good order, morals or convenience require that it be refused. It shall be unlawful to use for such purposes, at the hour and on the date requested, any other street or public way than those set out in the said permit. This permit shall not apply to funeral processions. (Ord. of May 3, 1962, § 1; for authority of cities to regulate processions or assemblies on streets and highways, see: Code of Alabama, § 32-5-1.)

§ 5-13 Penalty for Violation

Any person, violating any of the provisions of the section hereinabove shall, upon conviction, be fined not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars or be sentenced to hard labor for the City of Fayette, Alabama, not exceeding six (6) months, one or both at the discretion of the court. (Ord. of May 3, 1965, § 2.)

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§ 5-14 ALCOHOLIC BEVERAGES § 5-17

§ 5-14 Civil Emergency - Definitions As used herein the following words and terms shall have the meanings herein stated: a. A civil emergency is hereby defined to be: 1. A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three (3) or more persons acting together without authority of law; and/or 2. Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the City of Fayette resulting in the death or injury of persons or the destruction of property to such an extent that extra-ordinary measures must be taken to protect the public health, safety and welfare. b. Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City of Fayette, excepting persons officially designated to duty with reference to said civil emergency. (Ord. of May 6, 1968, § 1.)

§ 5-15 Civil Emergency - Proclamation by Mayor When, in the judgment of the mayor, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same, and the mayor is hereby authorized, empowered and directed to publish such proclamation both by radio and newspa- per or newspapers. (Ord. of May 6, 1968, § 2.)

§ 5-16 Civil Emergency - Curfew

After proclamation of a civil emergency by the mayor, he may order a general curfew applicable to such geographical areas of the city or to the city as a whole as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare. (Ord. of May 6, 1968, § 3.)

§ 5-17 Civil Emergency - Powers of Mayor

After the proclamation of a civil emergency, the mayor of the City of Fayette, in the interest of public safety and welfare, may: a. Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank property affixed to a motor vehicle; b. Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of flammable liquids or combustible products;

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§ 5-17 ALCOHOLIC BEVERAGES § 5-18

c. Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; d. Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammuni- tion; and e. Issue such other orders as are imminently necessary for the protection of life and property. (Ord. of May 6, 1968, § 4.)

§ 5-18 Penalty for Violation

Any person, found guilty of violating any provision of the section hereinabove, or any executive order issued by the mayor pursuant to the authority herein contained, shall be guilty of an offense against the City of Fayette, Alabama, and shall be punished by a fine not exceeding five hundred ($500.00) dollars, or may be imprisoned in the city jail or sentenced to hard labor for the city for a period of not exceeding six (6) months, or by both such fine and imprisonment or sentence to hard labor, at the discretion of the judge trying the case. (Ord. of May 6, 1968, § 5.)

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CHAPTER 6

ELECTIONS

§ 6-1 Elections - Compliance with Law § 6-2 Elections - Composition of Council § 6-3 Candidates to Specify Place § 6-4 Elections - Qualifying Fees § 6-5 Qualifying Fees - How Paid; Exception § 6-6 Election Officials § 6-7 Hours Polls Open § 6-8 Names of Candidates on Ballot

§ 6-1 Elections - Compliance with Law

General municipal elections held in the city shall be conducted in a manner pursuant to the provisions of the Code of Alabama, as amended. (Ord. of Jan. 20, 1964, § 1; for elections in general, see: Code of Alabama. tit. 17, § 1, et. seq. and tit. 37, § 34(20) - 34(72).)

§ 6-2 Elections - Composition of Council

The city council shall consist of a mayor and five (5) aldermen who shall be elected from the city at large by the qualified electors of the city at general municipal elections to be held on the second Tuesday in August, 1964 and quadrennially thereafter. Such officers elected in general municipal elections shall commence their terms of office on the first Monday in October following their election and serve for four (4) year terms or until their successors are lawfully chosen and installed in office. (Ord. of Jan. 20, 1964, § 2; adopted pursuant to the Code of Alabama, tit. 37, § 404 and Act No. 663, 1961 Legislature.)

§ 6-3 Candidates to Specify Place

Persons qualifying for the office of alderman at the general municipal elections to be held on the second Tuesday in August, 1964, and quadrennially thereafter, are hereby required to specify the place on the council for which they are a candidate. No person shall be allowed to qualify as a candidate for more than one (1) office of the council.

The offices of Aldermen for the City of Fayette, Alabama, are hereby designated by place as follows:

Alderman, Place Number One

Alderman, Place Number Two

Alderman, Place Number Three

Alderman, Place Number Four

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§ 6-3 ALCOHOLIC BEVERAGES § 6-8

Alderman, Place Number Five (Ord. of Jan. 20, 1964, § 2; for state law designating positions on the council, see: Code of Alabama, tit. 37, § 34(22).)

§ 6-4 Elections - Qualifying Fees A qualification fee in the amount of twenty-five ($25.00) dollars for the office of councilman and a fee of fifty ($50.00) dollars for the office of mayor is hereby fixed and imposed upon all candidates seeking election as mayor or councilman of the City of Fayette, Alabama, except as hereinafter provided for. (Ord. of May 5, 1980, § 1.)

§ 6-5 Qualifying Fees - How Paid; Exception Such qualification fee shall be paid to the city clerk and deposited to the general fund of the city, at or prior to the time of taking out qualification papers by any such candidates. Any person desiring to qualify who is not financially able to pay the required fee, may qualify; provided, such prospective candidate furnishes the clerk with an affidavit stating that he is financially unable to pay the required fee fixed by this chapter. (Ord. of May 5, 1980, § 2; for authority, see: Act No. 1109, 1969 Legislature.)

§ 6-6 Election Officials The city council shall appoint election officials not more than twenty (20)days nor less than fifteen (15) days before the general municipal elections and the mayor shall publish a list of the election officials by July 31 of the same year. (Ord. of June 7, 1976, § 3; for state law, see: Code of Alabama, tit. 37, § 34(26).)

§ 6-7 Hours Polls Open The polls shall be open between the hours of 8 o'clock A. M. and 6 o'clock P. M. and no longer, and they shall be kept open between the hours stated without any intermission or adjourn- ment. (Ord. of June 7, 1976, § 5.)

§ 6-8 Names of Candidates on Ballot

Names shall be placed on the ballots in alphabetical order under the offices for which they are candidates. No name shall be printed on the ballot, for a particular office, unless more than one (1) statement of candidacy has been filed for that office. (Ord. of June 7, 1976, § 6.)

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Chapter 7

FIRE PREVENTION*

§ 7-1. Adoption of Fire Prevention Code. § 7-2. Compliance. § 7-3. Bureau of fire prevention—Fire chief. § 7-4. Same—Duties. § 7-5. Same—Investigation. § 7-6. Inspection. § 7-7. Combustible or explosive matter. § 7-8. Records. § 7-9. Fire chief; annual report and amendments to the Fire Prevention Code. § 7-10. Public and private property. § 7-11. Authorization required for removal or destruction of restrictive barriers. § 7-12. Refusal to grant permit; appeal. § 7-13. Authority of fire official. § 7-14. Obstructing the fire department. § 7-15. Exceptions to fire line barriers. § 7-16. Penalty for violation. § 7-17. Preserving order and property at fires. § 7-18. Demolition or removal of buildings to prevent spread of fire. § 7-19. Unauthorized tapping or interference with fire hydrants. § 7-20. Open burning.

§ 7-1. Adoption of Fire Prevention Code.

(a) This chapter shall provide the City of Fayette with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use, and maintenance of equipment; regulating the use of structures, premises, and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.

This code shall be known as the Fire Prevention Code of the City of Fayette. This code adopts NFPA 1, Fire Prevention Code, of the National Fire Protection Association, and its incorporated standards and codes as published in the National Fire Codes of the National Fire Protection Association and listed in Annex A of the NFPA Fire Prevention Code and being particularly the 1988 edition thereof, save and except those portions such as are hereinafter deleted, modified, or amended by this chapter. The same are hereby adopted and incorporated as fully as if set out at length herein. Not less than one copy of the adopted issue of NFPA 1, Fire Prevention Code, of the National Fire Protection Association, and the adopted standards and codes of the National Fire Codes shall be filed in the office of the fire chief of the city and the provisions thereof shall be controlling within the limits of the city.

*Editor’s note—An ordinance adopted April 18, 1960, pertaining to fire prevention, has been deleted as being superceded by Ord. No. 1990-7, adopted Oct. 1, 1990, pertaining to similar subject matter.

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§ 7-1 FIRE PREVENTION § 7-4

(b) This act shall be deemed an exercise of the police powers of the city for the preservation and protection of the public health, peace, safety, and welfare, and all the provisions of the Fire Prevention Code shall be liberally construed for that purpose. (Ord. No. 1990-7, § 1, 10-1-90)

§ 7-2. Compliance.

It shall be unlawful for any person to violate this chapter, to permit or maintain such a violation, to refuse to obey any provisions thereof, or to fail or refuse to comply with any such provision or regulation except as variation may be allowed by the action of the fire chief in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant, or the person in charge shall not be deemed to relieve any of the others. (Ord. No. 1990-7, § 2, 10-1-91)

§ 7-3. Bureau of fire prevention; fire chief.

The fire chief of the city fire department shall be responsible for the enforcement of the Fire Prevention Code. The fire chief may detail qualified members of the fire department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the fire chief, a bureau of fire prevention in the fire department of the city is hereby created.

This bureau shall operate under the supervision of the fire chief. The fire chief shall be the administrator of the bureau of fire prevention. The fire chief shall be responsible for the direct administration and enforcement of the Fire Prevention Code. (Ord. No. 1990-7, § 3, 10-1-90)

§ 7-4. Same—Duties.

It shall be the duty of the officers of the bureau of fire prevention to enforce all laws and ordinances of the City of Fayette, covering the following: (1) The prevention of fires; (2) The storage, sale and use of combustible, flammable or explosive materials; (3) The installation and maintenance of automatic and other fire alarm systems and fire extinguishing equipment; (4) The maintenance and regulation of fire escapes; (5) The means and adequacy of exit in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of person work, live, or congregate, from time to time, for any purpose;

(6) The investigation of the cause, origin, and circumstances of fires;

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§ 7-4 FIRE PREVENTION § 7-7

(7) The maintenance of fire cause and loss records.

They shall have such other powers and perform such other duties as are set forth in other sections of this chapter, and as may be conferred and imposed from time to time by law. (Ord. No. 1990-7, § 4, 10-1-90)

§ 7-5. Same—Investigation.

The bureau of fire prevention shall investigate the cause, origin and circumstances of every fire occurring in the city by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The fire chief shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing within one day after the occurrence of the same by the fire chief. Such report shall be in such form as shall be prescribed by the fire chief of the city fire department, and shall contain a statement of all facts relating to the cause, origin, and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death, or rescue of persons. (Ord. No. 1990-7, § 5, 10-1-90)

§ 7-6. Inspection.

(a) Before permits may be issued as required by this Code, the fire chief or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings, or storage places to be used for any such purposes.

(b) The fire chief shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. (Ord. No. 1990-7, §§ 6, 7, 10-1-90)

§ 7-7. Combustible or explosive matter.

Whenever any inspector, as defined above, shall find in any building, or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings, or any highly flammable materials especially liable to fire, and which is so situated as to endanger property; or shall find obstructions to or on fire escapes, stairs, passageways, doors, or windows, liable to interfere with the operations of the fire department or egress of occupants in cause of fire, the inspector shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to the appeals procedure provided for in the Fire Prevention Code.

Any owner or occupant failing to comply with such order within a reasonable period after the service of the said order shall be liable to penalties as hereinafter provided.

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§ 7-7 FIRE PREVENTION § 7-11

The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally, or leaving it with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to and leaving with the said person a copy of the said order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner's last known post office address. (Ord. No. 1990-7, § 8, 10-1-90)

§ 7-8. Records.

The fire chief shall compile and keep a record of all fires and of all the facts concerning the same, including injuries, deaths, rescue of persons, statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. (Ord. No. 1990-7, § 9, 10-1-90)

§ 7-9. Fire chief; annual report and amendments to Fire Prevention Code.

(a) The fire chief shall make an annual report of the activities of the city fire department and shall transmit this report to the Mayor and Council of the City of Fayette. The report shall contain all proceedings under the Fire Prevention Code with such statistics as the fire chief may wish to include therein.

(b) The fire chief shall also recommend any amendments to the Fire Prevention Code or ordinance that shall be desirable. (Ord. No. 1990-7, §§ 10, 11, 10-1-90)

§ 7-10. Public and private property.

The provisions of the Fire Prevention Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified. (Ord. No. 1990-7, § 12, 10-1-90)

§ 7-11. Authorization required for removal or destruction of restrictive barriers.

No person, except a person authorized by the fire official in charge of an emergency scene or a public officer acting within the scope of public duty, shall remove, unlock, destroy, or tamper with or otherwise molest in any manner any locked gate, door or barricade, chain, enclosure, sign, tag or seal that has been lawfully installed by the fire department or by its order or under its control. (Ord. No. 1990-7, § 20, 10-1-90)

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§ 7-12 FIRE PREVENTION § 7-15

§ 7-12. Refusal to grant permit; appeal.

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code does not apply, or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council within thirty (30) days from the date of the decision appealed. (Ord. No. 1990-7, § 15, 10-1-90)

§ 7-13. Authority of fire official.

(a) The fire official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full power and authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property, and prevent further injury or damage. In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any vehicle, vessel, or thing and all persons.

(b) The fire official in charge of an emergency scene shall have the authority to establish fire line barriers to control access in the vicinity of such emergency, and to place, or cause to be placed, ropes, guards, barricades, or other obstructions across any street or alley to delineate such fire line barrier. No person, except as authorized by the fire official in charge of the emergency, may cross such fire line barriers. (Ord. No. 1990-7, §§ 16, 18, 10-1-90)

§ 7-14. Obstructing the fire department.

No person shall obstruct the operations of the fire department in connection with extinguishing any fire, or actions relative to other emergencies, or disobey any lawful command of the fire official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department. (Ord. No. 1990-7, § 17, 10-1-90)

§ 7-15. Exceptions to fire line barriers.

The fire chief is authorized to issue passes entitling the holders thereof to cross fire line barriers. Such passes shall not authorize trespass at the scene of an emergency. Credentials that clearly establish the authority and identity of the holder thereof to enter the premises, whether or not issued by the fire chief, may be honored by the fire official in charge of the emergency scene if concurred with by the person in charge of the premises involved in the emergency. (Ord. No. 1990-7, § 19, 10-1-90)

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§ 7-16 FIRE PREVENTION § 7-19

§ 7-16. Penalty for violation.

Any person who shall violate any of the provisions of the code hereby adopted; or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of any details, statements, specifications, or plans submitted or approved thereunder; or shall operate not in accordance with the provisions of any certificate, permit, or approval issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by the fire chief or by a court of competent jurisdiction within the time fixed herein shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor punishable by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than one day nor more than six (6) months or by both such fines and imprisonment. The imposition of a penalty for any violation shall not excuse the violation nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 1990-7, § 14, 10-1-90)

§ 7-17. Preserving order and property at fires.

(a) In case of a fire, it shall be the duty of the chief of police, or any police officer, or any member of the fire department present, to preserve order and to guard any property that may have been removed from any place in order to prevent its destruction.

(b) Any person who shall attempt to steal, destroy, tamper with or interfere with any property removed from any burning building or building threatened with fire, or who shall molest or interfere with any firefighter or police officer engaged in so removing such property from such burning building or building threatened with fire, or engaged in the extinguishment or preventing the spread of such fire, shall be deemed guilty of a misdemeanor. (Ord. No. 2005-03, § 1, 6-14-05)

§ 7-18. Demolition or removal of buildings to prevent spread of fire.

The chief of the fire department, or anyone acting as chief in the chief's absence, shall have full power to pull down or destroy any building or fence or other combustible structure, when, in such officer's opinion, it is necessary to do so to prevent the spread of fire. (Ord. No. 2005-03, § 2, 6-14-05)

§ 7-19. Unauthorized tapping or interference with fire hydrants.

It shall be unlawful for any person except a regularly appointed firefighter, water works department employee or agent of the city or water works department to tap a fire hydrant for any purpose whatsoever or in any way to interfere with the same without permission of the city authorities. (Ord. No. 2005-03, § 3, 6-14-05)

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§ 7-20 FIRE PREVENTION § 7-20

§ 7-20. Open burning. (a) Purpose. This section is enacted to protect, preserve, and promote the health, safety, welfare, and peace for the citizens of Fayette, Alabama, through the control of open burning. It is the intent of this section to establish standards that will control open burning so that it will comply with all applicable state regulations and will not be detrimental to individuals and the community in the enjoyment of life, property, and conduct of business. This section is not intended to supersede legislation or regulations of state-wide applicability governing open burning nor does compliance with this section ensure compliance with such legislation or regulations. (b) Open burning standards. (1) No person shall kindle or maintain any open fire at any location or time within the city and its police jurisdiction without a permit from the city, except for the following purposes: a. Open fires for the cooking of food for human consumption. b. Fires set in salamanders or other devices used by construction or other workers for heating purposes. c. Fires for recreational or ceremonial purposes. (2) Fires for the erection of any structure, construction of any transportation, utility or communications line, maintenance of rights-of-way, development or modification of a recreational area or park, or plant husbandry practices may be permitted by the city fire department. Permits may only be issued if the proposed open burning meets the following criteria: a. The location of the burning must be at least five hundred (500) feet from the nearest occupied dwelling other than a dwelling located on the property on which the burning is conducted. b. Only untreated wood and vegetation may be open burned. Materials that may not be burned include paper, cardboard, heavy oils, paint, asphaltic materials, rubber, plastics, refuse and garbage. c. No fire may be started or combustible material added to the fire except during the period form 6:00 a.m. to 6:00 p.m. d. The fire shall be attended at all times. There shall be a hose connected to a water supply or other extinguishing equipment readily available for use. e. No burning shall be conducted during a "drought emergency" declared by the governor or if there is a "no burn" advisory issued by the Fayette Fire Depart- ment. (c) Revocation of burning permits. The city fire chief or the State of Alabama may revoke a burning permit issued by the city any time after it is issued if the open burning creates a danger or serious nuisance for individuals or property. (Ord. No. 2005-03, § 4, 6-14-05)

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Chapter 8

GARBAGE, WEEDS AND LITTER

ARTICLE I. RESERVED §§ 8-1—8-5. Reserved.

ARTICLE II. REFUSE AND WASTE COLLECTION AND REMOVAL § 8-6. Definitions. § 8-7. Residential refuse containers required. § 8-8. Access to refuse containers. § 8-9. Drive-in establishments. § 8-10. Containers for refuse—Required. § 8-11. Dumping waste other than in a disposal site prohibited. § 8-12. Inspection of premises for waste authorized. § 8-13. Collection from commercial and industrial units. § 8-14. Collection from residential units. § 8-15. Unlawful to dump waste. § 8-15.1. Placement of trash, rubbish, etc. at stores, shops, etc.—Alleys to kept free of trash, rubbish, etc. § 8-15.2. Same—On street or sidewalk only where no alley exists. § 8-15.3. Abandoned freezers, refrigerators and other containers; removal of doors and locks required. § 8-16. Unlawful to dump waste into waterways. § 8-17. Authorized person to remove refuse from container. § 8-18. Collection of building debris, dirt and stumps. § 8-18.1. Persons engaged in cutting and pruning trees for hire or in the business of landscaping—Required to remove debris. § 8-18.2. Debris not to be left on public street. § 8-18.3. City not responsible; unlawful to represent that city will remove debris. § 8-18.4. Suspension of the prohibitions, requirements and restrictions of §§ 8-18— 8.18.3 due to natural disaster or emergency. § 8-19. Collecting from private property prior to occupancy. § 8-20. Disabled residential unit occupants. § 8-21. Public refuse receptacles—Regulations. § 8-22. Collection service established. § 8-22.1. Deposit. § 8-23. Collection charges. § 8-24. Bills to be paid monthly. § 8-25. Penalty for violation. § 8-25.1. Mandatory service; duty to pay. § 8-25.2. Duty to pay when city fails to render service. § 8-25.3. Deduction not allowed for interruption of service beyond city's control. § 8-25.4. Delinquencies.

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§ 8-1 GARBAGE, WEEDS AND LITTER § 8-6

ARTICLE III. LITTER

DIVISION 1. ANTI-LITTER REGULATIONS § 8-26. Fayette anti-litter article. § 8-27. Litter—Definitions. § 8-28. Littering public places, prohibited. § 8-29. Litter to be placed in receptacles to prevent scattering. § 8-30. Merchants' duty to keep sidewalks free of litter. § 8-31. Throwing litter from vehicle, prohibited. § 8-32. Trucks not to litter. § 8-33. Littering in parks, prohibited. § 8-34. Throwing or distributing handbills, regulations. § 8-35. Placing of handbills on vehicles, prohibited. § 8-36. Depositing handbills in vacant private premises, prohibited. § 8-37. Distribution of handbills on premises properly posted, prohibited. § 8-38. Distributing handbills at inhabited private premises, regulations; exception. § 8-39. Dropping litter from aircraft, prohibited. § 8-40. Advertisement, notices, etc., posting on streets, sidewalks, trees, fences, etc. § 8-41. Littering private property, prohibited. § 8-42. Owner to maintain premises free of litter. § 8-43. Littering on open or vacant private property, prohibited. § 8-44. Penalty for violation.

DIVISION 2. RESERVED §§ 8-45—8-47. Reserved.

ARTICLE I. RESERVED

§§ 8-1—8-5. Reserved. Editor’s note—Section 1 of Ord. No. 1998-04, adopted April 6, 1998, repealed Art. I, §§ 8-1—8-5, in its entirety, which had pertained to unsanitary premises and derived from an ordinance adopted Aug. 2, 1965.

ARTICLE II. REFUSE AND WASTE COLLECTION AND REMOVAL*

§ 8-6. Definitions.

The following terms, words and phrases, when used in this article, shall have the meanings respectively ascribed to them by this section unless the context clearly indicates otherwise.

*Editor’s note—Ord. No. 1993-04, § 1, adopted Sept. 24, 1993, repealed Ch. 8, Art. II, §§ 8-6—8-25, in its entirety and provided for a new Art. II, §§ 8-6—8-25 as set out herein. Former §§ 8-6—8-25 pertained to similar subject matter and derived from Ord. of July 18, 1966, §§ 1—16; Ord. No. 1982-6, adopted Aug. 30, 1982; Ord. No. 1990-10, §§ 1—4, adopted Oct. 3, 1990; and Ord. No. 1991-1, § 1, adopted Jan. 7, 1991.

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§ 8-6 GARBAGE, WEEDS AND LITTER § 8-6

Bags. Plastic sacks designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by top.

Bin. A plastic receptacle with a capacity of eighteen (18) gallons designed for the purpose of curbside collection of recyclable materials.

Bulky waste. Stoves, refrigerators, and air conditioning units which are de-energized of chlorofluorocarbons (CFCs); water tanks, washing machines, furniture and other waste materials other than construction debris, dead animals, hazardous waste or stable matter with weights or volumes greater than those allowed for containers.

City. City of Fayette, Alabama, a municipal corporation.

Commercial and industrial refuse. All bulky waste, yard waste, construction debris, garbage and rubbish, generated by a producer at a commercial and industrial unit not a residential unit.

Commercial and industrial unit. All premises, locations or entities, public or private, requiring refuse collection within the corporate limits of the city not a residential unit.

Construction debris. Waste building materials resulting from construction, remodeling, repair or demolition operations performed by third party contractor for occupant of residential unit.

Container. A receptacle for the storage of refuse having a tight fitting lid. The same not being greater in volume than ninety (90) gallons.

Contractor. Private solid waste disposal company with whom the city has entered into a contract for the collection and disposal of residential solid waste or any such disposal company franchised by the city for the collection and disposal of refuse generated by commercial and industrial units.

Dead animals. Animals or portions thereof equal to or greater than ten (10) pounds in weight that have expired from any cause, except those slaughtered or killed for human use or consumption.

Disposal site. A refuse depository including but not limited to sanitary landfills, transfer stations and waste processing/separation centers licensed, permitted or approved by all governmental bodies and agencies having jurisdiction and requiring such licenses, permits or approvals to receive refuse for processing or final disposal.

Family. In addition to the ordinary meaning of the word, family, an individual person, a married couple or a group of persons living together as one household.

Garbage. Any and all dead animals of less than ten (10) pounds in weight, except those slaughtered for human consumption. Every accumulation of waste (animal, vegetable and/or other matter) that results from the preparation, processing, consumption, dealing in, han- dling, packing, canning, storage, transportation, decay or decomposition of meats, fish, fowl, birds, fruits, grains or other animal or vegetable matter (including, but not by way of limitation, used in tin cans and other food containers; and all putrescible or easily decompos-

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§ 8-6 GARBAGE, WEEDS AND LITTER § 8-6

able animal or vegetable waste matter which is likely to attract flies or rodents); except (in all cases) any matter included in the definition of bulky waste, construction debris, dead animals, hazardous waste, rubbish or stable matter.

Hazardous waste. Waste, in any amount, which is defined, characterized or designated as hazardous by the United States Environmental Protection Agency or appropriate state agency by or pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law. For purposes of this contract, the term hazardous waste shall also include motor oil, gasoline, paint, paint cans and items containing freon or chlorofluorocarbons.

Multifamily dwelling. A house, building or structure, including an apartment building and duplexes, containing two (2) or more families.

Person. Shall mean any individual, firm or corporation.

Premises. Shall mean any dwelling, flat, rooming house, apartment house, house trailer, hospital, school, hotel, club, restaurant, boarding house, eating place, shop, church, place of business, manufacturing establishment, courthouse, jail, city hall, post office or other public building.

Producer. An occupant of a residential unit or a commercial and industrial unit who generates refuse.

Refuse. This term shall refer to yard waste, bulky waste, construction debris, residential refuse and commercial and industrial refuse generated at a residential unit or commercial and industrial unit.

Residential refuse. All garbage and/or rubbish generated by a producer at a residential unit.

Residential unit. An occupied single-family dwelling or an occupied multifamily dwelling within the corporate limits of the city requiring curbside collection. A residential unit shall be deemed occupied when the city is billing the occupant or owner for sewage service.

Rubbish. All waste wood, wood products, tree trimmings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging, or wrapping crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of bulky waste, construction debris, dead animals, garbage, hazardous waste or stable matter.

Sanitary department. Shall mean the sanitary department of the City of Fayette, Alabama.

Single-family dwelling. A house or house trailer or building which is occupied as the home, residence or sleeping place of one or more persons who comprise one family.

Waste. All refuse, construction debris, dead animals and hazardous waste generated by a producer.

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§ 8-6 GARBAGE, WEEDS AND LITTER § 8-8

Yard waste. All waste wood, wood products, tree trimmings, dead plants, brush, weeds, leaves, grass clippings, lumber, felled trees and shrubbery or branches thereof. (Ord. No. 1993-04, § 1, 9-24-93; Ord. No. 1996-09, § 1, 7-1-96)

§ 8-7. Residential refuse containers required.

It shall be the duty of every producer in possession, charge or control of any premises where residential refuse is created or accumulated, and in case of multiple dwellings or multiple occupancy, the producer or owner of the premises, at all times, is to keep or cause to be kept, a container or containers with at least one container for each residential unit or commercial and industrial unit for the deposit of refuse therein. Lids or covers of such containers shall be kept tightly closed at all times other than when refuse is being deposited therein or removed therefrom. Containers, used for the deposit of refuse for collection by the city sanitary department or contractor, shall be in good condition so that collection therefrom shall not injure the person collecting the contents thereof. The containers shall not be greater in volume than ninety (90) gallons. Containers having ragged or sharp edges or other defects must be promptly repaired or replaced, upon receipt of notice from the superintendent of the sanitary department or his agent or the contractor, and if not so replaced within ten (10) days of receipt of such notice, such nonconforming or defective container may be collected by the superinten- dent of the sanitary department or his agent or the contractor and disposed of as waste and every producer in possession, charge or control and, in the event of multiple occupancy, the owner of the premises, shall be held responsible. However, subject to the approval of the superintendent of the sanitary department or contractor, persons charged in this section with the duty of providing suitable containers, may arrange for the refuse to be deposited in large removable dumpsters, or other receptacle, approved by the superintendent, his agent or the contractor. Also, subject to the approval of the superintendent of the sanitary department or contractor, commercial and industrial units may arrange for commercial and industrial refuse to be deposited in large, removable dumpsters or other receptacles approved by the superin- tendent, his agent or the contractor. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-8. Access to refuse containers.

It shall be mandatory for tenants, lessees, occupants, owners of said premises and producers to provide a safe and convenient area at curbside for the purpose of collecting refuse. All vicious animals shall either be confined or the containers placed at a point where collectors may empty same without attack from said animals. Where collections are made from commercial and industrial units, approaches shall be maintained in such a manner as not to be a hazard to sanitary or the contractor's personnel or equipment. Failure to comply with the above provisions, after notification by the sanitary department or the contractor, will cause service to be discontinued until such time as same is corrected. (Ord. No. 1993-04, § 1, 9-24-93)

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§ 8-9 GARBAGE, WEEDS AND LITTER § 8-12

§ 8-9. Drive-in establishments.

The owners, operators, lessees and employees of any commercial or industrial unit, which engages in "drive-in" service or makes delivery of goods to customers in parking areas adjacent to the streets of the city, shall see to it that the wrappings, food containers and other papers, which enclose or accompany such goods, are not thrown or deposited or allowed to blow upon his premises and the streets of the city. If any wrapping, food container, napkin, straw or other accompanying paper, garbage or trash shall accidentally fall or blow upon the streets of the city, the owners, lessees and employees of such commercial or industrial unit engaging in "drive-in" service, shall be, jointly or severally, responsible with the customers thereof for the immediate removal of the wrapping, container, napkin, straw or accompanying paper, garbage or rubbish, from the street. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-10. Containers for refuse—Required.

It shall be the duty of every producer in possession, charge or control of any residential unit, or commercial and industrial unit, where refuse is created or accumulated, at all times, to keep or cause to be kept, a sufficient number of containers for deposit therein of refuse to prevent the spreading or scattering of such refuse upon said premises. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-11. Dumping waste other than in a disposal site prohibited.

It shall be unlawful for any person to dump, or cause to be dumped, any waste upon any property other than a disposal site as defined in this article. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-12. Inspection of premises for waste authorized.

It shall be unlawful for any producer or person in possession, charge of, or control of any premises to keep, cause to be kept, or allow the keeping, on any premises within the corporate limits of the city, refuse or waste in such manner that it will become offensive or deleterious to health or likely to cause disease and the same is hereby declared a public nuisance. The health officer of Fayette County, its authorized representatives, or such other duly authorized inspectors as may be designated by the city council of the city, are hereby authorized to inspect any premises in the city or its police jurisdiction for the purpose of seeing that the requirements of this article are being complied with. It shall be unlawful for any person, whosoever, to resist or interfere with such representatives by word, deed or act in the performance of such inspection. (Ord. No. 1993-04, § 1, 9-24-93)

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§ 8-13 GARBAGE, WEEDS AND LITTER § 8-15.2

§ 8-13. Collection from commercial and industrial units. All containers to be emptied by the sanitary department or contractor from commercial or industrial units shall be placed at curbside on the days and between the hours designated by the said department or contractor. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-14. Collection from residential units. All refuse shall be picked up only from curbside, and it shall be the duty of every producer having an accumulation of refuse to be picked up to place the refuse at curbside in a container, bag or cart, of a kind and a quality as hereinabove defined, on the day and at the time selected and advertised by the sanitary department or the contractor for refuse collection in each particular area of the city. All leaves, grass, weeds and pine straw shall be bagged or containerized which shall be securely closed, tied or fastened and placed at curbside on regular collection days. All other yard waste and bulky waste shall be placed at curbside on each regular collection day. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-15. Unlawful to dump waste. It shall be unlawful for any person to sweep, throw or otherwise deposit or cause to be swept, thrown or otherwise deposited any waste or any other substance of any kind in or on any curb, gutter, tunnel, highway, avenue, street, alley, sidewalk, park, parkway, lot, whether vacant or occupied, or the property of another person, or property which is in the possession of another person within the corporate limits and police jurisdiction of the city, or to permit any waste to accumulate in such manner that it may be carried and deposited into or on any of the above places by action of the rain, wind or snow. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-15.1. Placement of trash, rubbish, etc. at stores, shops, etc.—Alleys to be kept free of trash, rubbish, etc. It shall be unlawful for the occupant of any store, shop, or building or for any other person to place trash, litter or other waste material on the premises out of such building except it be in a suitable receptacle or plastic bag or container at a readily convenient place easily accessible to the trash collector. It shall be the duty of the occupant of any such store, shop, room, house or building to keep the alley adjacent thereto and the lot on which [sic] is placed in proper receptacles on the premises. It shall be the duty of the occupant of any such store, shop, room, house, or building to store all such garbage, waste, and trash so that it cannot become scattered by wind, dogs or otherwise. (Ord. No. 2004-09, § 1, 9-14-04)

§ 8-15.2. Same—On street or sidewalk only where no alley exists. It shall be unlawful for the occupant of any store, house, shop, room, building, or other premises or for any person to place, whether or not in a receptacle, any trash, litter, empty

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§ 8-15.2 GARBAGE, WEEDS AND LITTER § 8-18

boxes, or parts thereof, or other waste material or to cause or permit the same to be placed on any street or sidewalk, within the city, except for collection where no back alley is available. (Ord. No. 2004-09, § 1, 9-14-04)

§ 8-15.3. Abandoned freezers, refrigerators and other containers; removal of doors and locks required.

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structures or on any premises and under such person's control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which might not be released from the inside, without first removing the door or lid, snap lock or other locking device from such icebox, refrigerator or container. (Ord. No. 2004-09, § 1, 9-14-04)

§ 8-16. Unlawful to dump waste into waterways.

It shall be unlawful for any person to sweep, throw or deposit or cause to be swept, thrown or deposited into or on any canal, stream, public water drain, sewer or receiving basin, within the corporate limits and police jurisdiction of the city any waste or to permit same to accumulate in such a manner that it may be carried and deposited into or on any of the above by action of the rain, wind and snow. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-17. Authorized person to remove refuse from container.

It shall be unlawful for any person to remove any refuse, or other like material, from any bag or container, within the corporate limits and police jurisdiction of the city after it has been placed therein, except under the orders of an officer, agent or employee of the sanitary department or contractor or by some other person removing same for disposal. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-18. Collection of building debris, dirt and stumps.

(a) Building debris such as scrap lumber, plaster, roofing, concrete brickbats and sanding dust resulting from the construction, repair or remodeling of any building or appurtenances on private property, dirt and stumps generated by an owner/producer or third-party contractor will not be removed by the sanitary department or contractor, but the owner/producer or third-party contractor must cause this waste to be privately removed except that the city shall remove or carry away building debris such as scrap lumber, plaster, roofing, concrete brickbats and sanding dust resulting from the construction, repair or remodeling of any building or appurtenances on private property generated by an owner/producer if it is less than seven (7) cubic yards in volume. If the said building debris is more than seven (7) cubic yards in volume then the owner/producer shall be responsible for removing and carrying away all the said building debris and the city shall not be responsible for removing any part of it.

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§ 8-18 GARBAGE, WEEDS AND LITTER § 8-18.2

(b) Every person engaging in the business of, or being hired for the purpose of, constructing, demolishing, remodeling, repairing, roofing, or altering, any building or other structure within the corporate limits of the city or within the police jurisdiction shall upon completion of the job or construction project, remove any debris, concrete, lumber, roofing material, or any other waste material resulting from such activity, to the lawful disposal area; and

(c) Shall provide on-site receptacles for litter as defined hereinabove, and ensure that litter is properly placed in such containers, to prevent scattering of such litter by wind or rain if such litter is not otherwise properly disposed of on a daily basis.

(d) It shall be unlawful for any person to deposit such wasted material, or litter on the public streets or public areas of the city and leave the same for pickup and removal by the city. (Ord. No. 1993-04, § 1, 9-24-93; Ord. No. 2004-09, § 2, 9-14-04; Ord. No. 2011-04, § 1, 8-23-11)

§ 8-18.1. Persons engaged in cutting and pruning trees for hire or in the business of landscaping—Required to remove debris.

It shall be the duty of every person who engages in cutting, trimming, or pruning trees for hire in the city, and every such person engaging in the business of landscaping within the city, whether the same be done on a contract basis, hourly basis, barter basis, exchange basis, or otherwise, to remove the limbs, trunks, cuttings, dirt, trash, litter, or other debris, from the premises and deposit the same in the place prescribed for the lawful disposal of such debris except that the city shall remove or carry away limbs and cuttings generated by a third-party contractor if it is less than seven (7) cubic yards in volume. If the cuttings and trimmings are more than seven (7) cubic yards in volume then the third-party contractor or the owner/ producer shall be responsible for removing and carrying away all the limbs and cuttings and the city shall not be responsible for removing any part of it. The term "limbs and cuttings" specifically does not include the following: (1) rocks, trash, dirt, stumps or trees; and (2) tree trunks, logs and limbs that are more than twenty-four (24) inches in diameter.

Any tree trunk, log or limb that is greater than eight (8) inches in diameter but less than twenty-four (24) inches in diameter shall be cut into sections six (6) feet or less in length if it is to be picked up by the city. If any of the above are longer than six (6) feet or greater than twenty-four (24) inches in diameter then they shall be privately removed.

Limbs, logs or tree trunks that are more than twelve (12) feet in length regardless of diameter will not be picked up by the city and shall be privately removed. (Ord. No. 2000-02, § 1, 2-7-00; Ord. No. 2000-04, § 1, 4-17-00; Ord. No. 2011-04, § 2, 8-23-11)

§ 8-18.2. Debris not to be left on public street.

(a) It shall be unlawful for any owner/producer or person engaging in the cutting, trimming or pruning trees in the city for hire, whether the same be done on a contract basis, hourly basis, barter basis, exchange basis or otherwise, to leave limbs, trunks, cuttings, trimmings or other debris therefrom on any part of the public streets or other public ways except that the city shall remove or carry away limbs and cuttings generated by an owner/producer or third-party

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§ 8-18.2 GARBAGE, WEEDS AND LITTER § 8-18.4

contractor if it is less than seven (7) cubic yards in volume and this may be placed next to the public street or public ways for removal by the city. The term "limbs and cuttings" is the same as defined in § 8-18.1.

The same requirements and restrictions that apply to the length and diameter of tree trunks, logs or limbs in § 8-18.1 apply to this section also.

(b) It shall be unlawful for any person engaging in the business of landscaping for hire in the city, to leave excess dirt, gravel, roots, debris, or other litter resulting from such landscaping, on any part of the public streets or other public ways.

(c) For the purpose of this section, "public street" and "public way" shall include all of the area of a street or other public way right-of-way from property line to property line. (Ord. No. 2000-02, § 1, 2-7-00; Ord. No. 2000-04, § 1, 4-17-00; Ord. No. 2011-04, § 3, 8-23-11)

§ 8-18.3. City not responsible; unlawful to represent that city will remove debris.

It shall not be the duty of the city to remove or carry away the limbs, trash, dirt, or debris, remaining from tree trimmings or landscaping generated by persons engaging in the cutting, trimming or pruning of trees for hire or engaging in landscaping for hire, whether the same be done on a contract basis, hourly basis, barter basis, exchange basis or otherwise, except that the city shall remove or carry away limbs and cuttings generated by a third-party contractor if it is less than seven (7) cubic yards in volume. If the cuttings and trimmings are more than seven (7) cubic yards in volume then the third-party contractor or the owner/producer shall be responsible for removing and carrying away all the limbs and cuttings and the city shall not be responsible for removing any part of it. The term "limbs and cuttings" is the same as defined in § 8-18.1.

The same requirements and restrictions that apply to the length and diameter of tree trunks, logs or limbs in § 8-18.1 apply to this section also.

It shall be unlawful for any person engaged in pruning, cutting, or trimming trees for hire, or engaged in the business of landscaping, to represent to the property owner, or other person in charge of the premises, that the trees, trimming, cuttings or debris, will be picked up or removed from the premises by the city sanitary department except as set forth above. (Ord. No. 2000-02, § 1, 2-7-00; Ord. No. 2000-04, § 1, 4-17-00; Ord. No. 2011-04, § 4, 8-23-11)

§ 8-18.4. Suspension of the prohibitions, requirements and restrictions of §§ 8-18— 8-18.3 due to natural disaster or emergency.

If the federal or state government declares Fayette County a disaster area or if the city council declares an emergency exists due to a natural disaster then the city council may suspend the prohibitions, requirements and restrictions contained in §§ 8-18—8-18.3 for a period of time to be determined by the council. (Ord. No. 2011-04, § 5, 8-23-11)

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§ 8-19 GARBAGE, WEEDS AND LITTER § 8-22.1

§ 8-19. Collecting from private property prior to occupancy.

The city or contractor shall not be responsible for the collecting and hauling of refuse or other debris from private property preliminary to, during or subsequent to, construction of new buildings of whatever type, prior to occupancy. Said material shall be removed by the owner of said property or the contractor responsible for the accumulation of same. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-20. Disabled residential unit occupants.

Where there are no occupants of a residential unit fifteen (15) years of age or older, who are physically able to place residential refuse at curbside and such disability is established by appropriate medical evidence, the sanitary department or contractor shall collect such refuse in the cart provided therefor at the rear of such residential unit or other convenient location. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-21. Public refuse receptacles—Regulations.

It shall be unlawful for any person to remove, or cause to be removed from any street or sidewalk in the city, any receptacle furnished by the city for the deposit of refuse. It shall be unlawful for any person to sit upon or deface any such receptacle or to cause it to be used in any way which will make it inaccessible for the receipt of refuse. It shall be unlawful for any person to place, store or cause to be placed or stored, any goods, merchandise, lumber, trash or any other material near any such receptacle, in such manner as to interfere with or preclude the use of any such receptacle for the purpose which it is intended to serve. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-22. Collection service established.

There is hereby established in the city a refuse collection, hauling and disposal service to be operated by the sanitary department or a contractor. The collection, hauling and disposal of refuse shall be made by the sanitary department or contractor not less than once each week in residential areas and in all business areas, and the charges hereby imposed are based on such periodic collection, hauling and disposal. Yard waste and bulky waste shall be collected once per week in residential areas. (Ord. No. 1993-04, § 1, 9-24-93)

§ 8-22.1. Deposit.

Any person making application for sewage and garbage/trash services who is not an owner of the premises to be served shall first deposit the sum of one hundred dollars ($100.00) with the clerk of the city who shall issue a receipt for the same and shall maintain a list of depositors. Such sum shall be deposited in the general funds of the city.

The deposit required under this section shall be for the purpose of insuring the payment of all charges and fees imposed by the city for sewer and garbage/trash services.

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§ 8-22.1 GARBAGE, WEEDS AND LITTER § 8-25

Upon the termination of such services to the depositor, the full amount of the deposit shall be refunded to him, his heirs, successors, administrators or executors, less any change then due for such services, if any. (Ord. No. 2000-14, § 1, 9-18-00)

§ 8-23. Collection charges.

The following charges shall be paid to the city by every person for the collection, hauling and disposing of refuse, rubbish and bulk waste: (a) Residential garbage. Fifteen dollars and fifty cents ($15.50) per month for each residential unit. (b) Residential rubbish and bulky waste. Five dollars ($5.00) per month for each residen- tial unit. (c) Commercial and industrial. This charge shall be set by contract between commercial or industrial producer and sanitary department or contractor. (d) Exemptions. Any person whose sole income is derived from Social Security benefits shall be exempt from payment of such fee. (Ord. No. 1993-04, § 1, 9-24-93; Ord. No. 1996-11, § 1, 7-15-96; Ord. No. 1998-09, § 1, 10-19-98; Ord. No. 2008-07, § 1, 11-17-08; Ord. No. 2009-03, § 1, 6-24-09)

§ 8-24. Bills to be paid monthly.

Bills, for services hereunder, shall be due and payable within fifteen (15) days following the end of the month in which service is rendered. If not paid within such period, a late fee of ten (10) percent of the amount due shall be added for each thirty-day period the same shall remain unpaid. When such service shall remain unpaid for a period of seventy-five (75) days, the city clerk shall institute civil proceedings and/or criminal proceedings for the collection of same. (Ord. No. 1993-04, § 1, 9-24-93; Ord. No. 1997-11, § 1, 9-15-97)

§ 8-25. Penalty for violation.

Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Each day any violation of this article continues shall constitute a separate offense.

City police officers may choose to cite and release the defendant for a violation of this article. The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued in accordance with Rule 20 of the Alabama Rule of Administration.

In lieu of appearing in court to answer a citation, any person or corporation may after signing a waiver and guilty plea pay a fine or fines in accordance with the minor violation settlement schedule established in section 12-14 of the Code of Ordinances. (Ord. No. 1993-04, § 1, 9-24-93; Ord. No. 1997-11, § 2, 9-15-97; Ord. No. 2004-09, § 3, 9-14-04)

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§ 8-25.1 GARBAGE, WEEDS AND LITTER § 8-25.3

§ 8-25.1. Mandatory service; duty to pay.

(a) Refuse and waste collection and removal, as provided for by this article, is mandatory for all residential units, commercial and industrial units, premises, family units, occupants or persons, etc., in the city, upon which or at which refuse is produced or accumulated and the occupant or other persons, as the case may be, shall pay to the city in accordance with the provisions of this article monthly service charges for refuse collection and disposal services rendered or made available by the city for the collection of refuse from such premises.

(b) No person, firm, occupant, corporation or other entity that is required by this article to receive and pay for refuse collection services as herein provided shall be permitted to refuse to accept refuse collection and removal and other services by the city or contractor and the failure of any person, firm, corporation, occupant or other entity to receive such service by reason of such refusal or otherwise shall not exempt any of the aforesaid from payment of the service charges or fees provided for by this article; provided, however, that such mandatory service and fee shall not apply to the following:

(1) Commercial and industrial units utilizing the services of a private commercial solid waste collection firm under franchise with the city and duly licensed and permitted under applicable law.

(2) A household, business, industrial or any property owner having obtained a certificate of exemption pursuant to § 22-27-3 Code of Alabama, 1975, or amendments thereto.

(3) Persons occupying premises in areas of the city in which no garbage or refuse collection services are provided by the city for the entire area. (Ord. No. 1993-05, § 1, 10-1-93; Ord. No. 1996-09, § 2, 7-1-96; Ord. No. 1996-15, § 1, 10-1-96)

§ 8-25.2. Duty to pay when city fails to render service.

The failure of the city or contractor to collect refuse from any premises, which failure results from the violation, by the owner or occupant of such premises, residential unit, commercial and industrial unit, of any provision of this chapter or any rule or regulation of the governing body governing the storage, preparation, handling or disposal of refuse, shall not relieve such person, owner or occupant of the duty to pay the refuse collection and disposal service charges imposed by this article, nor shall an inadvertent or temporary failure or omission on the part of the city or contractor to make any collection of refuse relieve any person from the duty to pay such charges. (Ord. No. 1993-05, § 1, 10-1-93)

§ 8-25.3. Deductions not allowed for interruption of service beyond city's control.

No deduction from monthly charges provided for in this division shall be made or allowed by reason of any failure of the city or contractor to make collection of refuse as frequently as hereto provided, due to anything beyond the control of the city or contractor or due to stoppage of work by employees of the city or contractor or due to weather conditions. (Ord. No. 1993-05, § 1, 10-1-93)

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§ 8-25.4 GARBAGE, WEEDS AND LITTER § 8-27

§ 8-25.4. Delinquencies.

Pursuant to § 22-27-5(e), Code of Alabama, 1975, or other applicable law, if the fees, charges and rates imposed by this article for the refuse collection and disposal services of the city are not paid within ninety (90) days after the same shall become due and payable, the city at the expiration of said ninety-day period may suspend such services and shall proceed to recover the amount of any such delinquency with interest in a civil action. (Ord. No. 1993-05, § 1, 10-1-93)

ARTICLE III - LITTER

Division 1 - Anti-Litter Regulations

§ 8-26 Fayette Anti-Litter Article

This article shall be known and may be cited as the "Fayette Anti-Litter Article." (Ord. of Oct. 15, 1973, § 1.)

§ 8-27 Litter - Definitions

For the purposes of this article the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Aircraft - Shall mean any contrivance now known, or hereafter invented, used or designated for navigation or for flight in the air. The word "aircraft" shall include helicopters and lighter-than-air dirigibles and balloons.

Authorized private receptacle - Shall mean storage and collection receptacle as required and authorized in the preceding article.

City - Shall mean the City of Fayette, Alabama.

Commercial handbill - Shall mean any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature: a. Which advertises for sale any merchandise, product, commodity or things; or b. Which directs attention to any business or mercantile or commercial establishment or other activity, for the purpose of, either directly or indirectly, promoting the interest thereof by sales; or c. Which directs attention to or advertises any meting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is

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§ 8-27 GARBAGE, WEEDS AND LITTER § 8-27

charged or a collection is taken up for the purpose of defraying the expenses incident to such a meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind, without a license, where such a license is or may be required by any law of this state, or under any ordinance of this city; or

d. Which, while containing reading matter other than advertising matter, is predomi- nantly and essentially an advertisement, and is distributed or circulated for advertis- ing purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.

Garbage - Shall mean any putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

Litter - Shall mean garbage, refuse and rubbish - all other waste material which, if thrown or deposited, as herein prohibited, tends to create a danger to public health, safety and welfare.

Newspaper - Shall mean any newspaper of general circulation, as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer, as provided by general law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four (4) issues per year, and sold to the public.

Non-commercial handbill - Shall mean any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a commercial handbill or newspaper.

Park - Shall mean a park, reservation, playground, recreation center or any other public area in the city, owned or used by the city and devoted to active or passive recreation.

Person - Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

Private premises - Shall mean any dwelling, house, building or other structure, designed or used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.

Public place - Shall mean any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.

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§ 8-27 GARBAGE, WEEDS AND LITTER § 8-32

Refuse - Shall mean all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

Rubbish - Shall mean non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

Vehicle - Shall mean every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (Ord. of Oct. 15, 1973, § 2.)

§ 8-28 Littering Public Places - Prohibited

No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the city except in public receptacles, in authorized private receptacles for collection or in official city dumps. (Ord. of Oct. 15, 1973, § 3.)

§ 8-29 Litter - to be Placed in Receptacles to Prevent Scattering

Persons, placing litter in public receptacles or in authorized private receptacles, shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. of Oct. 15, 1973, § 4.)

§ 8-30 Merchants' Duty to Keep Sidewalks Free of Litter

No person, owning or occupying a place of business, shall sweep into or deposit in any gutter, street or other public place within the city, the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons, owning or occupying places of business within the city, shall keep the sidewalk in front of their business premises free of litter. (Ord. of Oct. 15, 1973, § 6.)

§ 8-31 Throwing Litter from Vehicle - Prohibited

No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the city, or upon private property. (Ord. of Oct. 15, 1973, § 7.)

§ 8-32 Trucks not to Litter

No person shall drive, or move any truck or other vehicle within the city, unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or

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§ 8-32 GARBAGE, WEEDS AND LITTER § 8-37

deposited upon any street, alley or other public place; nor shall any person drive, or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit on any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (Ord. of Oct. 15, 1973, § 8.)

§ 8-33 Littering in Parks - Prohibited

No person shall throw or deposit litter in any park within the city except in public receptacles and, in such a manner, that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (Ord. of Oct. 9, 1973, § 9.)

§ 8-34 Throwing or Distributing Handbills - Regulations

No person shall throw or deposit any commercial or non-commercial handbill in or upon any sidewalk, street or other public place within the city; nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful, on any sidewalk, street or other public place within the city, for any person to hand out or distribute, without charge to the receiver thereof, any non-commercial handbill to any person willing to accept it. (Ord. of Oct. 15, 1973, § 10.)

§ 8-35 Placing of Handbills on Vehicles - Prohibited

No person shall throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful, in any public place, for a person to hand out or distribute, without charge to the receiver thereof, a non-commercial handbill to any occupant of a vehicle who is willing to accept it. (Ord. of Oct. 15, 1973, § 11.)

§ 8-36 Depositing Handbills in Vacant Private Premises - Prohibited

No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Ord. of Oct. 15, 1973, § 12.)

§ 8-37 Distribution of Handbills on Premises Properly Posted - Prohibited

No person shall throw, deposit or distribute any commercial or non-commercial handbill upon any private premises, if requested by anyone thereon not to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Trespassing," "No Peddlers or Agents," "No Advertisement" or any similar notice,

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§ 8-37 GARBAGE, WEEDS AND LITTER § 8-40

indicating, in any matter, that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such handbills left upon such premises. (Ord. of Oct. 15, 1973, § 13.)

§ 8-38 Distributing Handbills at Inhabited Private Premises - Regulations; Excep- tion

No person shall throw, deposit or distribute any commercial or non-commercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in case of inhabited private premises which are not posted, as provided in this article, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulation. The provisions of this section shall not apply to the distribution of mail by the United States [postal service], not to newspapers (as defined herein), except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (Ord. of 10-15-73, § 14)

§ 8-39. Dropping litter from aircraft—Prohibited.

No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or other object. (Ord. of 10-15-73, § 15)

§ 8-40. Advertisement, notices, etc., posting on streets, sidewalks, trees, fences, etc.

(a) Advertisement on streets, prohibited. It shall be unlawful for any person whether or not a licensed bill poster, to paste, post, paint, deposit, print or in any way fasten or cause or allow the pasting, posting, painting, depositing, printing or in any way fastening of any handbill, sign, notice or advertisement of any kind or character, on any curb, sidewalk, street or right-of-way, or any part thereof, or upon any tree, post, pole, hydrant, bridge or any structure within the limits of any street in the city.

(b) Advertisement on private structures, prohibited. It shall be unlawful for any person to paste, post, paint, deposit, print or in any way fasten or cause or allow the pasting, posting, painting, depositing, printing or in any way fastening of any handbill, sign, notice or advertisement of any kind or character upon any private wall, window, door, gate, fence, advertising board, automobile or upon any other private structure, building or premises unless such person is the owner or otherwise legally in possession thereof, without the consent of the owner or the owner's authorized agent in writing.

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§ 8-40 GARBAGE, WEEDS AND LITTER § 8-44

(c) Exception, legal notices. Nothing herein contained shall be construed to apply to the posting of legal notices, required or authorized by law, regulation or ordinance, in a manner and/or placed therein prescribed. (Ord. of 10-15-73, § 16; Ord. No. 2004-09, § 4, 9-14-04)

§ 8-41. Littering private property prohibited.

No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner, or person in control of the private property, may maintain authorized private receptacles for the collection of litter, in such a manner, that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (Ord. of 10-15-73, § 17)

§ 8-42. Owner to maintain premises free of litter.

The owner, or person in control, of any private property shall, at all times, maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Ord. of 10-15-73, § 18)

§ 8-43. Littering on open or vacant private property, prohibited.

No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Ord. of 10-15-73, § 19)

§ 8-44. Penalty for violation.

Any person violating any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). Each day any violation of this article continues shall constitute a separate offense.

City police officers may choose to cite and release the defendant for a violation of this article. The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued in accordance with Rule 20 of the Alabama Rule of Administration.

In lieu of appearing in court to answer a citation, any person or corporation may after signing a waiver and guilty plea pay a fine or fines in accordance with the minor violation settlement schedule established in section 12-14 of the Code of Ordinances. (Ord. No. 2004-09, § 5, 9-14-04)

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§ 8-45 GARBAGE, WEEDS AND LITTER § 8-47

DIVISION 2. RESERVED*

§§ 8-45—8-47. Reserved.

*Editor’s note—Section 2 of Ord. No. 1998-04, adopted April 6, 1998, repealed Art. III, Div. 2, which pertained to clearing of litter on private property by the city, and derived from an ordinance adopted Oct. 15, 1973, §§ 20 and 21.

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CHAPTER 9

HEALTH AND SANITATION

ARTICLE I - QUARANTINE § 9-1 Mayor - May Establish Quarantine § 9-2 Publishing Proclamation of Quarantine § 9-3 Penalty for Violation § 9-4 Residence and Places Visited to be Furnished Upon Questioning § 9-5 Answers May be Under Oath § 9-6 Who May Question and Administer Oaths § 9-7 Importing Forbidden Matter § 9-8 Infectious Diseases to be Reported § 9-9 Authority of County Board of Health § 9-10 Authority of Council § 9-11 Penalty for Violation § 9-12 (RESERVED)

ARTICLE II - HEALTH NUISANCES § 9-13 Premises to be Kept Clean § 9-14 Removal of Stagnant Water § 9-15 Cellars, Cisterns and Wells to be Kept Clean § 9-16 Stables, Cow Lots, Hog Pens, Chicken Coops to be Kept Clean § 9-17 Need for Disinfectant § 9-18 Waste Material on Premises § 9-19 Disposal of Waste Substances § 9-20 Other Nuisances § 9-21 Failure to Execute Orders of Health Officer; Penalty

ARTICLE III - MEAT AND MILK REGULATIONS § 9-22 Definitions § 9-23 Sale of Meat § 9-24 City Meat Inspector - Duties; Fees § 9-25 State Board of Health Regulations Governing Milk Adopted; Exception § 9-26 County Health Officer to Enforce Regulations

ARTICLE I - QUARANTINE

§ 9-1 Mayor - May Establish Quarantine

The mayor, when so instructed by the city council, must establish and put in force a quarantine against such places and persons, as the city council may deem necessary, to prevent the importation or spread of any contagious or infectious diseases, and may establish a quarantine on recommendation of the county health officer, or whenever, in his judgment, it is necessary for the welfare of the city, and shall have power and authority to employ the

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§ 9-1 GARBAGE, WEEDS AND LITTER § 9-4

necessary officers and agents for the efficient enforcement of the quarantine. (Code of Fayette, 1919, § 205; for similar state law as to health and quarantine generally, see: Code of Alabama, tit. 22, §§ 141-173; for authority of city to adopt quarantine rules and regulations, see: Code of Alabama, tit. 37, § 492.)

§ 9-2 Publishing Proclamation of Quarantine

Whenever any quarantine is established, the mayor shall, as soon as practicable, publish a proclamation of the fact by posting said proclamation in at least three (3) public places within the corporate limits of the City of Fayette, Alabama, one of which places shall be at the post office, stating briefly therein the extent of the quarantine and the penalties for violating the same, but the time of putting said quarantine in force shall not depend on publication of the proclamation, but the quarantine may be enforced before such proclamation. (Code of Fayette, 1919, § 206.)

§ 9-3 Penalty for Violation

Any person, having notice that a quarantine has been established though the same has not been published, who enters or comes within the city, or within three (3) miles thereof, or brings any matter or things in such limits, in violation of such quarantine, or who, after the proclamation of such quarantine, comes within the city or within three (3) miles thereof, or brings anything within such limits, in violation of the terms of the quarantine must, on conviction, be fined not less than one ($1.00) dollar nor more than two hundred ($200.00) dollars, and may also be imprisoned or sentenced to hard labor upon the streets of the City of Fayette, Alabama, for not more than six (6) months and, if in the opinion of the court trying the case, there is danger of infection or contagion for keeping the person convicted of violating the quarantine in the city limits, the court may order such person detained in quarantine until such danger has passed, and may direct the execution of the sentence. (Code of Fayette, 1919, § 207.)

§ 9-4 Residence and Places Visited to be Furnished Upon Questioning

When any quarantine has been established, under the provisions of this article, it shall be the duty of every person to make true answers to all questions put to him by any officer of the board of health, policeman or quarantine agent of the City of Fayette, Alabama, as to the residence of such person and as to all places which such person has visited or passed through within thirty (30) days next preceding the time such person is questioned.

Any person, refusing to answer such questions put to him or making untrue answer to such questions, shall be deemed guilty of a misdemeanor and shall, on conviction thereof, be fined not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars, and may also be imprisoned in the city prison or sentenced to hard labor upon the streets of the City of Fayette, Alabama, for not more than sixty (60) days. (Code of Fayette, 1919, § 208.)

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§ 9-5 GARBAGE, WEEDS AND LITTER § 9-9

§ 9-5 Answers May be Under Oath

It shall be the duty of every person, when questioned by any officer of the board of health, policeman or quarantine agent of the City of Fayette, Alabama, as provided in the foregoing section, to make oath or affirmation and subscribe in writing to the truth of his or her answers thereto, when required by such officer, policeman or quarantine agent of the City of Fayette, Alabama, and on refusal to do so, shall be guilty of a misdemeanor and shall, on conviction, be fined not less than fifty ($50.00) dollars nor more than two hundred ($200.00) dollars, and may also be forbidden to enter or remain within the police limits of the city or be imprisoned in the city prison or sentenced to hard labor on the streets of the City if Fayette, Alabama, for not more than sixty (60) days. (Code of Fayette, 1919, § 209.)

§ 9-6 Who May Question and Administer Oaths

The mayor, chief of police and all policemen and quarantine agents of the City of Fayette, Alabama, or any member of the county board of health, shall have authority to put the questions and administer the oaths provided for in the next preceding section. (Code of Fayette, 1919, § 210.)

§ 9-7 Importing Forbidden Matter

In the enforcement of the quarantine and for the prevention of the importation of persons or things likely to endanger the public health, or to bring or spread contagious or infectious diseases, the mayor shall have power and authority to prevent the bringing into the city, or within three (3) miles thereof, freight, vehicles, cars or any other matter or thing from any infected district, and any person, bringing or aiding in bringing such forbidden matter or thing shall, on conviction, be deemed guilty of a misdemeanor and fined not less than five ($5.00) dollars nor more than two hundred ($200.00) dollars. (Code of Fayette, 1919, § 211; for transportation in violation of quarantine laws, see: Code of Alabama, tit. 22, § 156.)

§ 9-8 Infectious Disease to be Reported

No person, known to have any infectious or contagious disease, shall come into the City of Fayette, Alabama, or be in said city with any such disease or shall fail to report at once to the county health officer of Fayette County. (Code of Fayette, 1919, § 212.)

§ 9-9 Authority of County Board of Health

The county board of health shall have power and authority to remove any officer whom they appoint or elect, and to fill vacancies caused by removal or otherwise. (Code of Fayette, 1919, § 213.)

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§ 9-10 GARBAGE, WEEDS AND LITTER § 9-15

§ 9-10 Authority of Council

The city council shall fix the salaries of all officers appointed or elected by the county board of health, and provide for expenditures as they see fit, and all questions relating to salaries, appropriations and expenditures and the administration of sanitary regulations by the board of health shall be reserved to the city council, and the city shall not be liable, on any account, until the same has been duly allowed by the mayor and aldermen in open council. (Code of Fayette, 1919, § 214.)

§ 9-11 Penalty for Violation

Any person, violating any of the provisions of this article, or any health ordinance shall, upon conviction, be fined not less than one ($1.00) dollar nor more than two hundred ($200.00) dollars, and may be imprisoned in the city prison or sentenced to hard labor on the streets of the City of Fayette, Alabama, for not longer than thirty (30) days, unless the punishment is otherwise provided. (Code of Fayette, 1919, § 215.)

§ 9-12 (RESERVED)

ARTICLE II - HEALTH NUISANCES

§ 9-13 Premises to be Kept Clean

All persons, occupying or owning property within the corporate limits of the city, shall keep all premises owned or occupied by them in a clean and sanitary condition; keep all cellars and outhouses well ventilated and cleaned, and all such premises free from all filth and water that would be offensive or liable to create diseases. Any person, failing to comply with the provisions of this section, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one ($1.00) dollar and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 365.)

§ 9-14 Removal of Stagnant Water

Any person, who causes or occasions any pool of stagnant water within the corporate limits of the city, and who fails to remove the same within twenty-four (24) hours after notice from the mayor or chief of police of the city, shall be guilty of a misdemeanor, and, upon conviction therefor, shall be fined not less than one ($1.00) dollar and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 368.)

§ 9-15 Cellars, Cisterns and Wells to be Kept Clean

Any owner or occupant of any lot within the city, on which there is a cellar, cistern, or well not in use, containing or liable to contain stagnant water, or other filth, who fails or refuses, after notice from the mayor, or chief of police, or any policeman, to cause said cellar, cistern or

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§ 9-15 GARBAGE, WEEDS AND LITTER § 9-18

well to be filled or cleaned within three (3) days after such notice, shall be guilty of a misdemeanor, and, upon conviction therefor, shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 369.)

§ 9-16 Stables, Cow Lots, Hog Pens, Chicken Coops to be Kept Clean

It shall be the duty of every person owning, using, or having in his possession, or under his control, any stable, hog pen, cow lot, chicken coop or place of like character, within the corporate limits of the city, to keep the same in a clean and sanitary condition, and well drained.

Any person, failing to comply with the provisions of this section, or who permits any stable, hog pen, cow lot, chicken coop or place of like character, to remain uncleaned, after the same shall have become offensive to any person within the city, or who fails to clean up such place or places, within twenty-four (24) hours after notice from the mayor or chief of police to do so, shall be guilty of a misdemeanor, and, upon conviction therefor shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 371.)

§ 9-17 Need for Disinfectant

It shall be the duty of every occupant of any land or building of any character within the city at all times to keep such an amount of lime or other disinfectant on or about such premises as may be necessary to keep such premises in a clean and sanitary condition.

Any person, failing to use lime or other disinfectant on any such premises, after twenty-four (24) hours notice from the mayor or chief of police to do so, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 372.)

§ 9-18 Waste Material on Premises

It shall be the duty of every owner or occupant of any land or building within the corporate limits of the city, of any kind, character or description, at all times to keep such premises free from tin cans, boxes and other waste substance of like kind; provided, however, that such tin cans, boxes, etc., may be kept by such owner or occupant in a box or barrel suitable for holding the same in his house for a reasonable length of time; whereupon, it shall be the duty of such owner or occupant to burn or remove, outside the corporate limits of the city, all such tin cans, boxes and waste substance of like character.

It shall be unlawful for any person to place any such tin cans, boxes, etc., in or upon any street or sidewalk of the city. Any person, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars; provided further, that on such failure

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§ 9-18 GARBAGE, WEEDS AND LITTER § 9-22

of such owner or occupant to so burn or remove such waste substance, the mayor shall order the same to be removed immediately at the expense of occupant or owner, to be taxed as costs in the cause. (Code of Fayette, 1919, § 373.)

§ 9-19 Disposal of Waste Substances

It shall be unlawful for any person, in anywise, to place any melon rind, or other waste substance of like kind, character or description, upon any street, sidewalk or other public place within the city, or upon any private property not his own.

Any person, violating any of the provisions of this section, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 374.)

§ 9-20 Other Nuisances

It shall be the duty of every person to, at all times, keep his or her premises clean and free from all filth, waste papers and all other refuse substances, and all matter that might be offensive or calculated to produce disease.

Any person failing to remove any such waste substance, within twenty-four (24) hours after notice from the mayor or chief of police or any policeman of the city, shall be guilty of a misdemeanor, and, upon conviction therefor, shall be fined not less than one ($1.00) dollar and not more than fifty ($50.00) dollars; provided further, that on the failure of any person to remove such nuisance, the mayor shall order the same to be removed at the expense of such person, such expenses to be taxed as costs in the cause. (Code of Fayette, 1919, § 375.)

§ 9-21 Failure to Execute Orders of Health Officer; Penalty

Any person, failing to execute any order of the county health officer or sanitary inspector, or obstructing either of them in the discharge of their duty, shall be guilty of a misdemeanor, and upon conviction therefor, shall be fined not less than one ($1.00) dollar, and not more than fifty ($50.00) dollars. (Code of Fayette, 1919, § 376.)

ARTICLE III - MEAT AND MILK REGULATIONS

§ 9-22 Definitions

The terms used herein shall have the meanings ascribed as follows:

a. The term "animal," hereinafter used, shall refer to and include only cattle, sheep, goats and swine.

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§ 9-22 GARBAGE, WEEDS AND LITTER § 9-26

b. The term "inspector," hereinafter used, shall refer to the meat inspector appointed by the City of Fayette, Alabama. c. The term "meat," hereinafter used, shall refer to and include the carcasses or any part of the carcass of the above named animals and the food products from any and all portions of them; provided, however, that said term shall not be deemed to include properly cured or properly dried meat. (Ord. of Mar. 3, 1947, § 1.)

§ 9-23 Sale of Meat No animal, nor any portion thereof, shall be sold or offered for sale for human consumption in the City of Fayette or its police jurisdiction, without having first been inspected, approved and stamped, in accordance with the provisions of this article; provided, that nothing herein shall be held to prohibit the sale of meats which have passed inspection at other places, in accordance with United States Department of Agriculture regulations governing meat inspec- tion. (Ord. of Mar. 3, 1947, § 2.)

§ 9-24 City Meat Inspector - Duties; Fees A city meat inspector shall be appointed by the city council of Fayette, Alabama, said inspector to be a graduate veterinarian holding a license for the practice of veterinary medicine in the State of Alabama. He shall hold office at the pleasure of the city council and may be discharged upon a majority vote of the city council.

The inspector shall receive fees as hereinafter provided for and such fees shall constitute his entire remuneration for the performance of his duties as such inspector. (Ord. of Mar. 3, 1947, § 3.)

§ 9-25 State Board of Health Regulations Governing Milk Adopted; Exception The State Board of Health regulations governing the production, handling, distribution and sale of milk and certain milk products, adopted April 17, 1952, a certified copy of which shall be on file in the office of the city clerk, is hereby adopted as an ordinance of the City of Fayette, Alabama, save and except as to such part of such regulations as may refer to buttermilk only. (Ord. of Feb. 2, 1953; for state laws on handling of milk, see: Code of Alabama, tit. 22, § 230 et. seq.)

§ 9-26 County Health Officer to Enforce Regulations The health officer of Fayette County, Alabama, be and he is hereby requested to enforce in the City of Fayette and its police jurisdiction, the said regulations. (Ord. of Feb. 2, 1953, § 3.)

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Chapter 10

LICENSES AND TAXATION

ARTICLE I. SCHEDULE OF LICENSES AND FEES § 10-1. Levy of tax. § 10-2. Definitions. § 10-3. License term; minimums. § 10-4. License shall be location specific. § 10-5. Restriction on transfer of license. § 10-6. Unlawful to do business without a license. § 10-7. License must be posted. § 10-8. Duty to file report. § 10-9. Duty to permit inspection and produce records. § 10-10. Unlawful to obstruct. § 10-11. Privacy. § 10-11.1. Failure to file assessment. § 10-11.2. Lien for nonpayment of license tax. § 10-11.3. Criminal penalties. § 10-11.4. Civil penalties. § 10-11.5. Penalties and interest. § 10-11.6. Prosecutions unaffected. § 10-11.7. Procedure for denial of new applications. § 10-11.8. Procedure for revocation or suspension of license. § 10-11.9. Refunds on overpayments. § 10-11.10. Delivery license. § 10-11.11. License classifications. § 10-11.12. License fee schedules. § 10-11.13. Exchange of information. § 10-11.14. License fees in police jurisdiction.

ARTICLE II. GASOLINE TAX § 10-12. Gasoline tax—Definitions. § 10-13. Gasoline—Levy of tax. § 10-14. Exemptions on purchases from other distributors or sellers. § 10-15. Written statement must be filed. § 10-16. Gasoline tax—Payments and penalties. § 10-17. Gasoline tax—Exclusion. § 10-18. Gasoline tax—Permit and license tax required when seller or distributor has no place of business in city. § 10-19. Gasoline tax—Failure to file, making false statement an offense. § 10-20. Gasoline tax—Serving delinquent seller or distributor unlawful. § 10-21. Gasoline tax—Duty to furnish information. § 10-22. Pumps must be metered. § 10-23. Gasoline tax—Right to access tax in default, procedure, revocation of license. § 10-24. Penalty for violation of article.

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LICENSES AND TAXATION

ARTICLE III. TOBACCO TAX § 10-25. Tobacco tax—Definitions. § 10-26. Levy of tax in city. § 10-27. Levy of tax in police jurisdiction. § 10-28. Payment of tax. § 10-28.1. Stamps required for cigarettes. § 10-28.2. Stamps; monthly statement. § 10-29. Affixing stamps. § 10-29.1. Receipt of unstamped tobacco products. § 10-30. Records. § 10-31. Unlawful acts. § 10-32. Construction of article. § 10-33. Time of payment of tax. § 10-33.1. Penalty. § 10-33.2. Severability.

ARTICLE IV. PRIVILEGE AND EXCISE TAXES § 10-34. Privilege tax—Definitions. § 10-35. Privilege tax levied. § 10-36. Privilege tax—Retail sales of tangible personal property, rates, exclusions, within city. § 10-37. Levy of privilege tax in police jurisdiction. § 10-38. Same—Places of amusement, entertainment, rates. § 10-39. Same—Retail machines for mining, manufacturing, rates. § 10-40. Same—Automotive vehicles, rate. § 10-41. Same—Machines for agricultural production, rate. § 10-42. Same—Coin-operated machines, rate. § 10-42.1. Same—Business of furnishing rooms, lodgings or accommodations to tran- sients. § 10-43. Excises tax on tangible personal property. § 10-44. Excise tax on machines. § 10-45. Excise tax on automotive vehicles. § 10-46. Excise tax on agricultural machinery. § 10-46.1. Levy of excise tax in police jurisdiction. § 10-47. Privilege, excise taxes—Provisions of state statutes applicable. § 10-48. Taxes in article cumulative.

ARTICLE V. PROPERTY TAX § 10-49. Ad valorem taxes—Equalization. § 10-50. Enforcement of collection of taxes. § 10-51. Ad valorem taxes—Assessment. § 10-52. Compensation for tax assessor. § 10-53. Ad valorem taxes—Collection. § 10-54. Compensation for tax collector. § 10-55. Ordinance not a contract.

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§ 10-1 LICENSES AND TAXATION § 10-2

ARTICLE VI. RENTAL TAX § 10-56. Definitions. § 10-57. Tax levied within the city. § 10-58. Collection. § 10-58.1. Additional penalty and fine. § 10-59. Reporting cash and credit leases or rentals. § 10-60. Records. § 10-61. Tax levied within the police jurisdiction.

ARTICLE I. SCHEDULE OF LICENSES AND FEES*

§ 10-1. Levy of tax.

Pursuant to the Code of Alabama, the following is hereby declared to be and is adopted as the business license code and schedule of licenses for the municipality for the year beginning January 1, 2008, and for each subsequent year thereafter. There is hereby levied and assessed a business license fee for the privilege of doing any kind of business, trade, profession or other activity in the municipality, or the police jurisdiction, by whatever name called. (Ord. No. 2007-03, § 1, 9-13-07)

§ 10-2. Definitions.

Unless the context clearly requires otherwise, the following terms shall have the following meaning as set forth below: (1) Business. Any commercial or industrial activity or any enterprise, trade, profession, occupation, or livelihood, including the lease or rental of residential or nonresidential real estate, whether or not carried on for gain or profit, and whether or not engaged in as a principal or as an independent contractor, which is engaged in, or caused to be engaged in, within a municipality. (2) Business license. An annual license issued by the municipality for the privilege of doing any kind of business, trade, profession, or any other activity in the municipality, by whatever name called, which document is required to be conspicuously posted or displayed except to the extent the taxpayer's business license tax or other financial information is listed thereon. (3) Business license remittance form. Any business license return, renewal reminder notice, or other writing on which the taxpayer calculates the business license tax liability for all or part of the license year and remits the amount so calculated with the form. (4) Department or department of revenue. The Alabama Department of Revenue, as created under § 40-2-1 et seq., [Code of Alabama, 1975].

*Editor’s note—Ord. No. 2007-03, adopted Sept. 13, 2007, is being treated as superseding Art. I, which consisted of §§ 10-1—10-11, and pertained to similar subject matter. See the Code Comparative Table for amendatory history of superseded provisions.

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§ 10-2 LICENSES AND TAXATION § 10-2

(5) Designee. An agent or employee of the municipality authorized to administer or collect, or both the municipality's business license taxes, which may include another taxing jurisdiction, the department of revenue, or a "private auditing or collecting firm" as defined in § 40-2A-3, Code of Alabama, 1975.

(6) Gross receipts. The measure of any and all receipts of a business from whatever source derived, to the maximum extent permitted by applicable laws and constitutional provisions, to be used in calculating the amount due for a business license. Provided, however, that: (a) Gross receipts shall not include any of the following taxes collected by the business on behalf of any taxing jurisdiction or the federal government: All taxes which are imposed on the ultimate consumer, collected by the taxpayer and remitted by or on behalf of the taxpayer to the taxing authority, whether state, local or federal, including utility gross receipts levied pursuant to Article 3, Chapter 21, Title 40 [,Code of Alabama, 1975]; license taxes levied pursuant to Article 2, Chapter 21, Title 40 [, Code of Alabama, 1975]; or reimbursements to professional employer organizations of federal, state or local payroll taxes or unemployment insurance contributions; but no other deductions or exclusions from gross receipts shall be allowed except as provided in this article. (b) A different basis for calculating the business license may be used by the municipality with respect to certain categories of taxpayers as prescribed in § 11-51-90B [, Code of Alabama, 1975]. (c) For a utility or other entity described in § 11-51-129, [Code of Alabama, 1975], gross receipts shall be limited to the gross receipts derived from the retail furnishing of utility services within the municipality during the preceding year that are taxed under Article 3, Chapter 21, Title 40 [, Code of Alabama, 1975], except that nothing herein shall affect any existing contract or agreement between a municipality and a utility or other entity. The gross receipts derived from the furnishing of utility services shall not be subject to further business license taxation by the municipality. (d) Gross receipts shall not include dividends or other distributions received by a corporation, or proceeds from borrowing, the sale of a capital asset, the repay- ment of the principal portion of a loan, the issuance of stock or other equity investments, or capital contributions, or the undistributed earnings of subsidiary entities.

(7) License form. Any business license application form, renewal reminder notice, busi- ness license remittance form, or business license return by whatever name called.

(8) License officer or municipal license officer. The municipal employee charged by the municipality with the primary responsibility of administering the municipality's business license tax ordinance and related matters thereto.

(9) License year. The calendar year.

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§ 10-2 LICENSES AND TAXATION § 10-3

(10) Municipality. Any town or city in this state that levies a business license tax from time to time. The term shall also include the town's or city's police jurisdiction, where the business license tax is levied in the police jurisdiction.

(11) Person. Any individual, association, estate, trust, partnership, limited liability com- pany, corporation, or other entity of any kind, except for any nonprofit corporation formed under the laws of Alabama which is operated to enable municipalities that become members of such nonprofit corporation to finance or refinance capital projects and related undertakings, on a cooperative basis, and whose board of directors or other governing body consists primarily of elected officials of the municipality.

(12) Taxing jurisdiction. Any municipality that levies a business license tax, whether or not a business license tax is levied within its police jurisdiction, or the department of revenue acting as agent on behalf of a municipality pursuant to § 11-51-180 et seq., [Code of Alabama, 1975], as the context requires.

(13) Taxpayer. Any person subject to or liable under this chapter for any business license tax; any person required to file a return with respect to, or pay or remit the business license tax levied under this chapter or to report any information or value to the taxing jurisdiction; or any person required to obtain, or who holds any interest in, any business license issued by the taxing jurisdiction; or any person that may be affected by any act or refusal to act by the taxing jurisdiction under this chapter, or to keep any required by this chapter

(14) U.S.C. The applicable title and section of the United States Code, as amended from time to time.

(15) Other terms. Other capitalized or specialized terms used in this article, and not defined above, shall have the same meanings ascribed to them in § 40-2A-3, Code of Alabama, 1975, unless the context therein otherwise specifies. (Ord. No. 2007-03, § 2, 9-13-07)

§ 10-3. License term; minimums.

The license term and the minimum amount for a business license are as follows:

(a) Full year. Every person who commences business before the first day of July shall be subject to and shall pay the annual license for such business in full. Unless otherwise specified in the enclosed schedules, the minimum annual license shall be one hundred dollars ($100.00).

(b) Half year. Every person who commences business on or after July 1, shall be subject to

and shall pay one-half (1/2) the annual license for such business for that calendar year.

(c) Issue fee. For each license issued there shall be an issue fee collected of ten dollars ($10.00) and said issue fee shall be collected in the same manner as the license tax.

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§ 10-3 LICENSES AND TAXATION § 10-4

(d) Annual renewal. Except as provided in subsection (1) or (2), the business license shall be renewed annually on or before the thirty-first day of January each year.

(1) If the due date for payment of any business license falls on a weekend or a holiday recognized by the municipality from time to time, the due date shall automati- cally be extended until the next business day.

(2) Insurance company annual license renewals shall be renewed in accordance with § 11-51-122, Code of Alabama, 1975, which states that each year, each insurance company shall furnish the municipality a statement in writing duly certified showing the full and true amount of gross premiums received during the preceding year and shall accompany such statement with the amount of license tax due according to the licensing schedule. Failure to furnish such statement or to pay such sum shall subject the company and its agents to those penalties as prescribed for doing business without a license as provided for in the Municipal Code.

(3) On or before December 31 of each year, a renewal reminder shall be mailed to each licensee that purchased a business license during the current year. Said renewal notice shall be mailed via regular U.S. mail to the licensee's last known address of record with the municipality. Licensees are required to furnish the municipality any address changes for their business prior to December 1 in order for them to receive their notice.

(4) Business license renewal payments received by the municipality shall be applied to the current renewal only when any and other debts the licensee owes to the municipality are first paid in full. No business license shall be issued if the current renewal payment does not meet said prior obligations and the current renewal. Failure to pay such sums shall subject the licensee and its agents to those penalties as prescribed for doing business without a license provided for in the Municipal Code. (Ord. No. 2007-03, § 3, 9-13-07)

§ 10-4. License shall be location specific.

(a) For each place at which any business is carried on, a separate license shall be paid, and any person desiring to engage in any business for which a license is required shall designate the place at which business is carried on, and the license to be issued shall designate such place, and such license shall authorize the carrying on of such business only at the place designated.

(b) Every person dealing in two (2) or more of the articles, or engaging in two (2) or more of the businesses, vocations, occupations or professions scheduled herein, shall take out and pay for a license for each line of business.

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§ 10-4 LICENSES AND TAXATION § 10-5

(c) A taxpayer subject to the license authorized by this chapter that is engaged in business in other municipalities, may account for its gross receipts so that the part of its gross receipts attributable to its branch offices will not be subject to the business license imposed by this chapter. To establish a bona fide branch office, the taxpayer must demonstrate proof of all following criteria:

(1) The taxpayer must demonstrate the continuing existence of an actual facility located outside the police jurisdiction in which its principal business office is located, such as a retail store, outlet, business office, showroom, or warehouse, to which employees and/or independent contractors are assigned or located during regular normal working hours.

(2) The taxpayer must maintain books and records, which reasonably indicate a segrega- tion or allocation of the taxpayer's gross receipts to the particular facility or facilities.

(3) The taxpayer must provide proof that separate telephone listings, signs, and other indications of its separate activity are in existence.

(4) Billing and/or collection activities relating to the business conducted at the branch office or offices are performed by an employee or other representative, of the taxpayer who has such responsibility for the branch office.

(5) All business claimed by a branch office or offices must be conducted by and through said office or offices.

(6) The taxpayer must supply proof that all applicable business licenses with respect to the branch office or offices have been issued.

(d) Nothing herein shall be construed as exempting businesses from payment of a license on the basis of a lack of physical location. (Ord. No. 2007-03, § 4, 9-13-07)

§ 10-5. Restriction on transfer of license.

No license shall be transferred except with the consent of the council or other governing body of the municipality or of the director of finance or other chief revenue officer or his or her designee, and no license shall be transferred to reflect a physical change of address of the taxpayer within the municipality more than once during a license year and never from one (1) taxpayer to another. Provided that a mere change in the name or ownership of a taxpayer that is a corporation, partnership, limited liability company or other form of legal entity now or hereafter recognized by the laws of Alabama shall not constitute a transfer for purposes of this chapter, unless:

(1) The change requires the taxpayer to obtain a new federal employer identification number or department of revenue taxpayer identification number, or

(2) In the discretion of the municipality, the subject license is one (1) for the sale of alcoholic beverages.

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§ 10-5 LICENSES AND TAXATION § 10-8

Nothing in this section shall prohibit a municipality from requiring a new business license application and approval for an alcoholic beverage license. (Ord. No. 2007-03, § 5, 9-13-07)

§ 10-6. Unlawful to do business without a license.

It shall be unlawful for any person, taxpayer, or agent of a person or taxpayer to engage in businesses or vocations in the municipality for which a license is required without first having procured a license. A violation of this division of the ordinance passed hereunder fixing a license shall be punishable by a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and if a willful violation, by imprisonment, not to exceed six (6) months, or both, at the discretion of the court trying the same. Each day shall constitute a separate offense. (Ord. No. 2007-03, § 6, 9-13-07)

§ 10-7. License must be posted.

Every license shall be posted in a conspicuous place, where said business, trade or occupation is carried on, and the holder of the license shall immediately show same to the designee of the municipality upon being requested so to do. (Ord. No. 2007-03, § 7, 9-13-07)

§ 10-8. Duty to file report.

(a) It shall be the duty of every person subject to such license tax to render to the municipality on such forms as may be required, a sworn statement showing the total business done, amount of sales, gross receipts and gross sales, stock, value of furniture and other equipment, capital invested, number of helpers or employees, amount of space occupied, or other factor described in the schedule, one (1) or several, as the case may require, for the ascertainment of the classification of such person for license taxation purposes and the correct amount of license tax to which he is subject.

(b) If the municipality determines that the amount of business license tax reported on or remitted with any business license remittance form is incorrect, if no business license remittance form is filed within the time prescribed, or if the information provided on the form is insufficient to allow the taxing jurisdiction to determine the proper amount of business license tax due, the municipality shall calculate the correct amount of the tax based on the most accurate and complete information reasonably obtainable and enter a preliminary assessment for the correct amount of business license tax, including any applicable penalty and interest.

(c) The municipality shall promptly mail a copy of any preliminary assessment to the taxpayer's last known address by either first class U.S. mail or certified U.S. mail with return receipt requested, or, in the sole discretion of the municipality, deliver the preliminary assessment to the taxpayer by personal delivery.

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§ 10-8 LICENSES AND TAXATION § 10-9

(d) If the amount of business license tax remitted by the taxpayer is undisputed by the municipality, or if the taxpayer consents to the amount of any deficiency or preliminary assessment in writing, the municipality shall enter a final assessment for the amount of the tax due, plus any applicable penalty and interest. (e) (1) If a taxpayer disagrees with a preliminary assessment as entered by the taxing jurisdiction, the taxpayer shall file a petition for review with the municipal license officer within thirty (30) days from the date of entry of the preliminary assessment setting out the specific objections to the preliminary assessment. If a petition for review is timely filed, the license officer of the municipality shall schedule a conference with the taxpayer for the purpose of allowing the taxpayer or its representatives and the representatives of the municipality to present their respective positions, discuss any omissions or errors, and to attempt to agree upon any changes or modifications to the assessment. The license officer shall issue findings of fact and law within sixty (60) days following the conference, which shall promptly upon issuance be mailed or delivered to the taxpayer, consistent with the procedures set forth in subsection (d) above. (2) If the taxpayer disagrees with the license officer's findings of fact and law, the taxpayer may appeal to the municipal governing body, by filing a notice of appeal with the municipal clerk within thirty (30) days after the findings have been issued. The appeal shall be in writing and shall set forth in reasonable detail the grounds on which the taxpayer disagrees with the license officer's findings of fact and law. (3) If a petition for review: a. is not timely filed, or b. is timely filed, and upon further review the license officer, or the administrative hearings officer or governing body of the municipality, as the case may be, determines that the preliminary assessment is due to be upheld in whole or in part, the taxing jurisdiction shall make the assessment final in the amount of business license tax due as computed by the taxing jurisdiction, with applicable penalty and interest. (4) A copy of the final assessment shall promptly be mailed to the taxpayer's last known address by either first class U.S. mail or certified U.S. mail with return receipt requested in the case of assessments of business license tax of five hundred dollars ($500.00) or less, or by certified U.S. mail with return receipt requested in the case of assessments of business license tax of more then five hundred dollars ($500.00). In either case, at the option of the taxing jurisdiction a copy of the final assessment may be delivered to the taxpayer by personal delivery. (Ord. No. 2007-03, § 8, 9-13-07)

§ 10-9. Duty to permit inspection and produce records. Upon demand by the designee of the municipality, it shall be the duty of all licensees to: (a) Permit the designee of the municipality to enter the business and to inspect all portions of his place or places of business for the purposes of enabling said municipal designee to gain such information as may be necessary or convenient for determining the proper license classification, and determining the correct amount of license tax;

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§ 10-9 LICENSES AND TAXATION § 10-11.1

(b) To furnish information during reasonable business hours, at the licensee's place of business, in the municipality or the police jurisdiction, all books of account, invoices, papers, reports and memoranda containing entries showing amount of purchases, sales receipts, inventory and other information from which the correct license tax classification of such person may be ascertained and the correct amount of license tax to which he is subject may be determined, including exhibition of bank deposit books, bank statements, copies of sales tax returns to the State of Alabama, copies of Alabama income tax returns and federal income tax returns. (Ord. No. 2007-03, § 9, 9-13-07)

§ 10-10. Unlawful to obstruct.

It shall be unlawful for any person, or for any agent, servant or employee of such person, to fail or refuse to perform any duty imposed by this article; nor shall any person, agent, servant or employee of such person obstruct or interfere with the designee of the municipality in carrying out the purposes of this article. (Ord. No. 2007-03, § 10, 9-13-07)

§ 10-11. Privacy.

(a) It shall be unlawful for any person connected with the administration of this article to divulge any information obtained by him/her in the course of inspection and examination of the books, papers, reports and memoranda of the taxpayer made pursuant to the provisions of this article, except to the mayor, the municipal attorney or others authorized by law to receive such information described herein.

(b) It shall be unlawful for any person to print, publish, or divulge, without the written permission or approval of the taxpayer, the license form of any taxpayer or any part of the license form, or any information secured in arriving at the amount of tax or value reported, for any purpose other than the proper administration of any matter administered by the taxing jurisdiction, or upon order of any court, or as otherwise allowed in this article.

(c) Nothing herein shall prohibit the disclosure of the fact that a taxpayer has or has not purchased a business license. Statistical information pertaining to taxes may be disclosed to the municipality council upon their written request through the mayor's office. It shall be unlawful for any person to violate the provisions of this section. (Ord. No. 2007-03, § 11, 9-13-07)

§ 10-11.1. Failure to file assessment.

(a) In any case where a person subject to paying a license tax as provided herein fails to do so, the municipal designee shall be authorized to assess and determine the amount of license taxes due using the best information available either by return filed or by other means.

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§ 10-11.1 LICENSES AND TAXATION § 10-11.4

(b) The taxpayer shall be notified by registered or certified mail, or by personal service, of the amount of any such assessment, and of his right to appear before the municipal governing body on a day named not less than twenty (20) days from the date of notice and to show cause why such assessment shall not be made final. Such appearance may be made by agent or attorney.

(c) If no showing is made on or before the date fixed in such notice, or if such showing is not sufficient in the judgment of the municipality, such assessment shall be made final in the amount originally fixed, or in such other amount as is determined by the municipality to be correct. If upon such hearing the municipal designee finds a different amount due than that originally assessed, he/she shall make the assessment final in the correct amount, and in all cases shall notify the taxpayer of the assessment as finally fixed.

(d) A notice by the United States mail, addressed to the taxpayer's last known place of business, shall be sufficient. Any assessment made by the designee of the municipality shall be prima facie correct upon any appeal. (Ord. No. 2007-03, § 12, 9-13-07)

§ 10-11.2. Lien for nonpayment of license tax.

On all property, both real and personal, used in the business, the municipality shall have a lien for such license, which lien shall attach as of the date when the license is due, as allowed by § 11-51-44, Code of Alabama, 1975. (Ord. No. 2007-03, § 13, 9-13-07)

§ 10-11.3. Criminal penalties.

Any person found guilty of violating any of the provisions of this article shall be fined in an amount not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00), and may also be sentenced to imprisonment for a period of not exceeding six (6) months, in the discretion of the court trying the case, and violations on separate days shall each constitute a separate offense. (Ord. No. 2007-03, § 14, 9-13-07)

§ 10-11.4. Civil penalties.

In addition to the remedies provided by § 11-51-150 et seq., Code of Alabama, 1975, the continued or recurrent performance of any act or acts within the corporate limits or within its police jurisdiction for which a license may be revoked or suspended under this article is hereby declared to be detrimental to the health, safety, comfort and convenience of the public and is a nuisance. The municipality, as an additional or alternative remedy, may institute injunctive proceedings in a court of competent jurisdiction to abate the same. (Ord. No. 2007-03, § 15, 9-13-07)

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§ 10-11.5 LICENSES AND TAXATION § 10-11.7

§ 10-11.5. Penalties and interest.

(a) All licenses not paid within thirty (30) days from the date they fall due shall be increased by fifteen (15) percent for the first thirty (30) days they shall be delinquent, or fraction thereof, and shall be measured by an additional fifteen (15) percent for a delinquency of sixty (60) or more days, but this provision shall not be deemed to authorize the delay of thirty (30) days in the payment of the license due, which may be enforced at once.

(b) In the case of persons who began business on or after the first day of the calendar year, the license for such "new business" shall be increased by fifteen (15) percent for the first fifteen (15) days they shall be delinquent, and shall be measured by an additional fifteen (15) percent for a delinquency of forty-five (45) days or more.

(c) All delinquent accounts (both license taxes and penalties) shall also be charged simple interest at the rate of one (1) percent per month. (Ord. No. 2007-03, § 16, 9-13-07)

§ 10-11.6. Prosecutions unaffected.

The adoption of this article shall not in any manner affect any prosecution of any act illegally done contrary to the provisions of any ordinance now or heretofore in existence, and every such prosecution, whether begun before or after the enactment of this article shall be governed by the law under which the offense was committed; nor shall a prosecution, or the right to prosecute, for the recovery of any penalty or the enforcement of any forfeiture be in any manner affected by the adoption of this article; nor shall any civil action or cause of action existing prior to or at the time of the adoption of this article be affected in any manner by its adoption. (Ord. No. 2007-03, § 17, 9-13-07)

§ 10-11.7. Procedure for denial of new applications.

(a) The municipal designee shall have the authority to investigate all applications and may refer any application to the municipal governing body for a determination of whether such license should or should not be issued.

(b) If the municipal governing body denies the issuance of any license referred to it, the municipal clerk shall promptly notify the applicant of the municipal governing body's decision.

(c) If said applicant desires to appear before the municipal governing body to show cause why said license should be issued, he shall file a written notice with the municipal clerk, said notice to be filed within two (2) weeks from the date of mailing by the municipal clerk of the notice of the denial of such license by the municipal governing body.

(d) Upon receipt of said notice the municipal clerk shall promptly schedule a hearing, to be held within fifteen (15) days from the date of receipt of such notice, before the municipal governing body and shall give the notice of the date, time and place of said hearing to the applicant.

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§ 10-11.7 LICENSES AND TAXATION § 10-11.9

(e) The applicant shall be given the opportunity to appear personally, or through his counsel, or both, and the municipal governing body shall proceed to hear any evidence which may be presented both for and against the issuance of said license. (f) If the municipal governing body determines from the evidence presented that in order to either provide for the safety, preserve the health, promote the prosperity, or improve the morals, order, comfort and convenience of the inhabitants of the municipality said license should not be granted, it shall enter an order to that effect; otherwise, said license shall be ordered issued upon payment of any required license fees. (Ord. No. 2007-03, § 18, 9-13-07)

§ 10-11.8. Procedure for revocation or suspension of license. (a) Any lawful license issued to any person to conduct any business shall be subject to revocation by the municipal governing body for the violation by the licensee, his agent, servant, or employee of any provision of this article or of any ordinance of the municipality, or any statute of the State of Alabama relating to the business for which such license is issued; and shall also be subject to revocation by the municipal governing body if the licensee, his agent, servant, or employee under color of such license violates or aids or abets in violating or knowingly permits or suffers to be violated any penal ordinance of the municipality or any criminal law of the State of Alabama; and shall also be subject to revocation by the municipal governing body if, in connection with the issuance or renewal of any license, the licensee or his agent filed or caused to be filed any application, affidavit, statement, certificate, book, or any other data containing any false, deceptive or other misleading information or omission of material fact.

(b) The conditions hereinabove set forth as grounds for the revocation of a license shall also constitute grounds for refusing to renew a license.

(c) The municipal governing body shall set a time for hearing on the matter of revoking or refusing to renew a license; and a notice of such hearing shall be given to the licensee, or the applicant for renewal, as the case may be, at least ten (10) days before the day set for said hearing. At the hearing the municipal governing body shall hear all evidence offered by any party and all evidence that may be presented bearing upon the question of revocation or the refusal of renewal, as the case may be. (Ord. No. 2007-03, § 19, 9-13-07)

§ 10-11.9. Refunds on overpayments.

(a) Any taxpayer may file a petition for refund with the municipality for any overpayment of business license tax erroneously paid to the municipality. If a final assessment for the tax has been entered by the municipality, a petition for refund of all or a portion of the tax may be filed only if the final assessment has been paid in full prior to or simultaneously with the filing of the petition for refund.

(b) A petition for refund shall be filed with the municipality within two (2) years from the date of payment of the business license tax, which is the subject of the petition.

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§ 10-11.9 LICENSES AND TAXATION § 10-11.10

(c) The municipality shall either grant or deny a petition for refund within six (6) months from the date the petition is filed, unless the period is extended by written agreement of the taxpayer and the municipality. The taxpayer shall be notified of the municipality's decision concerning the petition for refund by first class U.S. mail or by certified U.S. mail, return receipt requested, sent to the taxpayer's last known address. If the municipality fails to grant a full refund within the time provided herein, the refund petition shall be deemed to be denied.

(d) If the petition is granted or the municipality or a court otherwise determines that a refund is due, the overpayment shall be promptly refunded to the taxpayer by the municipal- ity, together with interest to the extent provided for in § 11-51-92, [Code of Alabama, 1975]. If the municipality determines that a refund is due, the amount of overpayment plus any interest due thereon may first be credited by the municipality against any outstanding tax liabilities due and owing by the taxpayer to the municipality, and the balance of any overpayment shall be promptly refunded to the taxpayer. If any refund or part thereof is credited to any other tax by the municipality, the taxpayer shall be provided with a written detailed statement showing the amount of overpayment, the amount credited for payment to other taxes, and the resulting amount of the refund.

(e) A taxpayer may appeal from the denial in whole or in part of a petition for refund by filing a notice of appeal with the clerk of the circuit court of the county in which the municipality denying the petition for refund is located. Said notice of appeal must be filed within two (2) years from the date the petition was denied. The circuit court shall hear the appeal according to its own rules and procedures and shall determine the correct amount of refund due, if any. If an appeal is not filed with the appropriate circuit court within two (2) years of the date the petition was denied, then the appeal shall be dismissed for lack of jurisdiction. (Ord. No. 2007-03, § 20, 9-13-07)

§ 10-11.10. Delivery license.

(a) In lieu of any other type of license, a taxpayer may at its option purchase for one hundred dollars ($100.00), plus the issuance fee, a delivery license for the privilege of delivering its merchandise in the municipality if the taxpayer meets all of the following criteria:

(1) Other than deliveries, the taxpayer has no other physical presence within the municipality or its police jurisdiction;

(2) The taxpayer conducts no other business in the municipality other than delivering merchandise and performing the requisite set-up and installation of said merchandise;

(3) Such delivery and set-up and installation is performed by the taxpayer's employees or agents, concerns the taxpayer's own merchandise in that municipality, and is done by means of delivery vehicles owned, leased, or contracted by the taxpayer;

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§ 10-11.10 LICENSES AND TAXATION § 10-11.11

(4) The gross receipts derived from the sale and any requisite set-up or installation of all merchandise so delivered shall not exceed seventy-five thousand dollars ($75,000.00) during the license year; (5) Any set-up or installation shall relate only to: (i) That required by the contract between the taxpayer and the customer or as may be required by state or local law, and (ii) The merchandise so delivered;

(6) If at any time during the current license year the taxpayer fails to meet any of the above stated criteria, then within ten (10) days after any of said criteria have been violated or exceeded, the taxpayer shall purchase all appropriate business licenses from the municipality for the entire license year and without regard to this section.

(b) Mere delivery of the taxpayer's merchandise by common carrier shall not allow the municipality to assess a business license tax against the taxpayer, but the gross receipts derived from any sale and delivery accomplished by means of a common carrier shall be counted against the seventy-five thousand dollar ($75,000.00) limitation described in the preceding section if the taxpayer also during the same license year sells and delivers into the taxing jurisdiction using a delivery vehicle other than a common carrier.

(c) A common carrier, contract carrier, or similar delivery service making deliveries on behalf of others shall not be entitled to purchase a delivery license.

(d) The delivery license shall be calculated in arrears, based on the related gross receipts during the preceding license year.

(e) The purchase of a delivery license shall not, in and of itself, establish nexus between the taxpayer and the municipality for purposes of the taxes levied by or under the authority of Title 40, Code of Alabama, 1975, or other provisions of law, nor does the purchase of a delivery license conclusively determine that nexus does not exist between the taxpayer and the municipality. (Ord. No. 2007-03, § 21, 9-13-07)

§ 10-11.11. License classifications.

Code 2002 NAICS Titles/Business License Codes Schedule

111100 Farming and crop production - agriculture, crop production, nursery, fruit, growers B 112100 Animal production - dairy, cattle, ranching, sheep, chickens, poultry B 113100 Forestry - logging, forestry, timber track operations, timber management B 114100 Fishing and hunting - hunting and trapping, finfish, shellfish, supplies B

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§ 10-11.11 LICENSES AND TAXATION § 10-11.11

Code 2002 NAICS Titles/Business License Codes Schedule

115100 Agriculture support - cotton gins, farm management, post-har- vest activities B 211100 Oil and gas extraction - natural gas liquid extraction, crude ex- traction D 212100 Mining - (except for oil and gas) all related mining activities D 213100 Mining support services - for oil and gas mining activities, oil/ gas wells D 221100 Utilities - electric power or light company O 221200 Utilities - natural gas company P 221300 Utilities - water, sewage treatment, steam, and other Q 236100 Contractors - general contractors, commercial building, residen- tial, subdivisions D 237100 Contractors - heavy construction, highway, bridge, street, wa- ter, sewer D 237200 Contractors - specialty trade - building equipment and mechan- ical install B 238100 Contractors - specialty trade - carpentry contractors B 238150 Contractors - specialty trade - concrete contractors B 238200 Contractors - specialty trade - drywall, acoustical and insula- tion B 238250 Contractors - specialty trade - electrical contractors B 238300 Contractors - specialty trade - excavation and site development B 238350 Contractors - specialty trade - floor coverings/all types B 238400 Contractors - specialty trade - glass and glazing contractors B 238450 Contractors - specialty trade - masonry and stone contractors B 238500 Contractors - specialty trade - painting and wall covering B 238550 Contractors - specialty trade - plumbing, heating and air condi- tioning B 238600 Contractors - specialty trade - roofing, siding and sheet metal B 238650 Contractors - specialty trade - structural steel erection B 238700 Contractors - specialty trade - tile, marble, terrazzo and mosaic B 238750 Contractors - specialty trade - water well drilling and irrigation B 238800 Contractors - specialty trade - wrecking and demolition B 238900 Contractors - specialty trades contractors - nongeneral and nonheavy B 311100 Food manufacturing - meat, seafood, grain, fruit, dairy, animal, poultry processing E 312100 Beverage manufacturing - all types of soft drinks, bottled wa- ter, breweries, ice E

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§ 10-11.11 LICENSES AND TAXATION § 10-11.11

Code 2002 NAICS Titles/Business License Codes Schedule

313100 Textile manufacturing - fabric, yarn, carpet, canvas, rope, twine, fabric mills E 314100 Other manufacturing - mill operations not covered in 313100, rugs, linen, curtains E 315100 Apparel manufacturing - women, men, children, hosiery, linge- rie, outerwear, accessories E 316100 Leather and allied products manufacturing - shoes, luggage, handbags, related products, all footwear E 321100 Wood manufacturing - sawmills, wood preservation, veneer, trusses, millwork E 322100 Paper manufacturing - pulp, paper, and converted products, stationary, tubes, cores E 323100 Printing - screen, quick, digital, books, lithographic, handbills, commercial A 324100 Petroleum and coal manufacturing - asphalt, grease, roofing, paving products E 325100 Chemical manufacturing - fertilizer, wood, pesticide, paint, soap, and resin E 326100 Plastic and rubber manufacturing - tires, pipe, hoses, belts, bot- tles, sheet, wrap, film E 327100 Nonmetallic manufacturing - clay, glass, cement, lime, pottery, ceramic, brick, tile E 331100 Primary metal manufacturing - iron, steel, aluminum, wire, copper, foundries E 332100 Metal fabrication - cutlery, structural, ornamental, machine shops E 333100 Machinery manufacturing - office machinery, industrial, en- gines, farm, HVAC E 334100 Computer and electronic manufacturing - audio, video, circuit boards, peripherals E 335100 Appliance manufacturing - small appliance, lighting, electrical, battery, freezer E 336100 Transportation manufacturing - auto, truck, trailer, motor home, boat, ship and motorcycle E 337100 Furniture manufacturing - cabinets, office, household, beds, kitchen E 339100 Miscellaneous manufacturing - medical, dental, jewelry, sport- ing goods, toys, signs, all other E 421100 Wholesale trade - durable, vehicle, machinery, equipment, fur- niture D 422100 Wholesale trade - nondurable, wholesale gasoline distributor D

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§ 10-11.11 LICENSES AND TAXATION § 10-11.11

Code 2002 NAICS Titles/Business License Codes Schedule

422200 Wholesale trade - nondurable, paper, apparel, grocery, bever- ages, dairy D 441100 Motor vehicle parts and accessories - auto, motorcycles, boats, parts and accessories C 441200 Motor vehicles - new and/or used automobiles, motorcycles, boats, etc. - dealerships and lots C 442100 Furniture - furniture, home furnishings, stores, floor coverings, window B 443100 Electronic and appliance store - household, radio, television, computers C 444100 Building materials and gardening equipment dealers - hard- ware, paint, home center, wallpaper, nursery C 445100 Food and beverage stores - grocery, convenience store, markets C 446100 Health and personal care stores - drug, pharmacy, cosmetic, optical, health food C 447100 Gasoline retail - selling gasoline with or without convenience stores C 448100 Clothing and accessories - men, women, children, infant, shoe, jewelry C 451100 Sporting goods and hobbies - toy, fish, gun, books, games C 452100 General merchandise stores - department, warehouse clubs, superstores C 453100 Miscellaneous retailers - florist, gift, novelty, pet, art, and to- bacco C 453200 Used merchandise stores - books, miscellaneous, consignment, flea market C 454100 Nonstore retailers - vending machine operators, direct selling, mail order C 454200 Nonstore retailer - peddlers license/local peddler G 481100 Air transportation - airline tickets, shipping, freight, charters service A 484100 Truck transportation - local, long-distance, freight, moving, and storage A 485100 Passenger transportation - buses, taxi cabs, limousine service, buggy, charters A 485200 Passenger transportation - charter and other vehicle transit services A 492100 Couriers - couriers and local messengers, services, local deliv- ery services A 493100 Warehousing and storage - distribution, household, refriger- ated, special B

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§ 10-11.11 LICENSES AND TAXATION § 10-11.11

Code 2002 NAICS Titles/Business License Codes Schedule

511100 Publishing industries except internet - newspaper, book, period- ical, databases, software A 512100 Motion pictures - theatres, videos, recording, drive-ins, sound studios A 515100 Broadcasting - radio and television stations A 517100 Telecommunications - telephone local per 11-51-128[, Code of Alabama] J 517200 Telecommunications - telephone long distance per 11-51-128[, Code of Alabama] J 517300 Telecommunications - cellular and other wireless, paging J 517400 Telecommunications - resellers of service J 519100 Information services and data processing - providing, storing, processing, access to information A 522100 Pawn shop - whether title pawn or merchandise C 522200 Banking services or lenders of money M 522300 Credit services - companies and activities related to credit and mediation B 523100 Securities, commodity - brokerage, portfolio, investment, other financial services B 524100 Insurance company and/or its agents - casualty, fire, and/or ma- rine premiums 11-51-120/123 524200 Insurance company and/or its agents - health, allied and all other premiums 11-51-120/123 531100 Real estate - offices, agents, brokers, management, appraisers B 532100 Rental and leasing - auto, truck, trailer, RV, all tangible prop- erty A 532200 Rental and leasing - movie and video rental A 541100 Accountant/CPA - individual and/or firm professional license D 541150 Architect - individual and/or firm professional license D 541200 Attorney/lawyer - individual and/or firm professional license D 541250 Chiropractor - individual and/or firm professional license D 541300 Computer programmer - individual and/or professional firm li- cense D 541350 Dentist - individual and/or firm professional license D 541400 Engineer - individual and/or firm professional license D 541450 Optometrist - individual and/or firm professional license D 541500 Photographer - studios, portrait, commercial, services D 541550 Physician - individual and/or firm professional license D 541600 Surveyor - individual and/or firm professional license D 541650 Veterinarian - individual and/or firm professional license D

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§ 10-11.11 LICENSES AND TAXATION § 10-11.11

Code 2002 NAICS Titles/Business License Codes Schedule

541900 Professional services not elsewhere classified - scientific, techni- cal D 551100 Management companies - offices, enterprises, regional, corpo- rate D 561200 Exterminating services - exterminating company and its ser- vices B 561100 Janitorial firm - janitorial cleaning services - individual or firm A 561300 Landscaping services B 561400 Administrative services - answering, employment, office, secre- tarial, travel D 562100 Waste management - companies, trucks, septic tanks, landfill, services C 611100 Educational services - technical, computer, sports, services, business B 622100 Hospitals - surgical, substance abuse, psychiatric, general care, special D 623100 Nursing care - residential care facility, day care, assisted living A 623150 Nursing care - home-based day cares, with six or less children (pay ½ rate) A 623200 Nursing home - care for elderly and continuing care facilities A 624100 Social assistance - shelters, vocational, child care, abuse, emer- gency A 711100 Arts and sports - dance, musical, teams, tracks, promoters, agents B 711200 Special events - promoter or activity - see schedule for rates K 712100 Museums - museums and historical sites, zoos, botanical gar- dens, parks B 713100 Amusement - arcades, golf clubs, marinas, fitness, bowling cen- ters B 721100 Accommodations - hotels, motels and similar facilities B 721200 Accommodations - bed and breakfast inns and services B 721300 Accommodations - trailer parks, RV parks, and travel parks B 721400 Accommodations - rooming houses and boarding houses B 722100 Restaurant - full service restaurant facility B 722200 Restaurant - limited facility or service B 722300 Caterers and/or mobile food services B 722400 Drinking establishment - club, lounge, bar or other B 811100 Repairs and maintenance - auto, paint/body, carwash, other ve- hicular A 811200 Repairs and maintenance - all electronic equipment A

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§ 10-11.11 LICENSES AND TAXATION § 10-11.12

Code 2002 NAICS Titles/Business License Codes Schedule

811300 Repairs and maintenance - all appliance, home and garden equipment A 812100 Personal services - hair, skin, barber, beautician, diet, nail, tan- ning, funerals A 812500 Fortune teller or clairvoyant - individual reader license L 999100 Unclassified miscellaneous business services not elsewhere classified B 999200 Unclassified miscellaneous personal services not elsewhere clas- sified A 999900 Itinerant - miscellaneous business services H

(Ord. No. 2007-03, § 22, 9-13-07)

§ 10-11.12. License fee schedules.

Schedule "A" Less than $100,000.00 ...... $75.00 $100,000.00—$500,000.00...... $125.00 $500,000.00—$1,000,000.00 ...... $175.00 Over $1,000,000.00, plus $0.10 per million ...... $175.00

Schedule "B" Less than $100,000.00 ...... $100.00 $100,000.00—$500,000.00...... $150.00 $500,000.00—$1,000,000.00 ...... $200.00 Over $1,000,000.00, plus $0.15 per million ...... $200.00

Schedule "C" Less than $100,000.00 ...... $100.00 $100,000.00—$500,000.00...... $250.00 $500,000.00—$1,000,000.00 ...... $300.00 $1,000,000.00—$2,500,000.00 ...... $400.00 $2,500,000.00—$5,000,000.00 ...... $500.00 $5,000,000.00—$7,500,000.00 ...... $600.00 $7,500,000.00—$10,000,000.00 ...... $700.00 Over $10,000,000.00, plus $0.40 per million ...... $800.00

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§ 10-11.12 LICENSES AND TAXATION § 10-11.12

Schedule "D" Less than $500,000.00 ...... $200.00 $500,000.00—$1,000,000.00 ...... $250.00 $1,000,000.00—$5,000,000.00 ...... $300.00 Over $5,000,000.00, plus $0.20 per million ...... $300.00

Schedule "E" Less than $250,000.00 ...... $100.00 $250,000.00—$1,000,000.00 ...... $150.00 $1,000,000.00—$10,000,000.00 ...... $200.00 Over $10,000,000.00, maximum ...... $300.00

Schedule "G" - Peddlers Daily rate, issued for single day sales activity ...... $100.00 Weekly rate, issued for week long sales activity...... $150.00 Monthly rate, issued for month long sales activity ...... $250.00 Yearly rate, issued for annual sales activity ...... $500.00

Schedule "H" - Itinerant There shall be a license fee charged for a business not located within the city limits to establish a temporary location inside city limits and conduct business. Rates shall be as follows: Daily rate, per day, maximum $2,000.00...... $500.00 Yearly rate ...... $2,000.00

Schedule "I" - Taxi Cabs and Limousines In addition to the license thereto, there shall be a decal affixed to each taxi cab or limousine and the cost of said decals shall be according to the following table: All taxi cabs or limousines, per decal...... $25.00

Schedule "J" - Telephones and Telecommunications Each person, firm or corporation doing business as a telephone exchange or business, shall pay a license fee of two hundred ten dollars ($210.00) each per year. In addition to this license thereto, each person, firm or corporation operating long distance, shall pay a license fee of fifty-three dollars ($53.00) per year. (Code of Alabama, § 11-51-128).

Schedule "K" - Special Events Licenses In addition to any required license thereto, there shall be a fee for all events held within the city limits or police jurisdiction, excluding events being held for community events or

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§ 10-11.12 LICENSES AND TAXATION § 10-11.12

nonprofit organizations. The fee shall be one hundred dollars ($100.00) per event, not exceeding three (3) days, and an additional fifty dollars ($50.00) for each day after the third day.

Schedule "L" - Fortune Tellers

There shall be a license rate of five hundred dollars ($500.00) each year per establishment.

Schedule "M" - Banking Services or Lenders of Money

There shall be a license fee of one hundred fifty dollars ($150.00) each year, per establish- ment. This does not include State Chartered Banks, or any related financial institutions subject to state excise tax.

Schedule "N" - Buses, Trucks and Other Equipment

In addition to the license thereto, there shall be a decal affixed to each piece of equipment and the cost of said decals shall be five dollars ($5.00) per decal.

Schedule "O" - Utilities—Electric Power or Light Company

Each person, firm or corporation operating electric light and power companies, incorporated under the laws of this state or any other state or whether incorporated at all or not, except telephone and telegraph companies, and express companies which are otherwise licensed shall pay three (3) percent of the gross receipts of the business done by the utility in the municipality during the preceding year; and, for the first year's business when an existing utility is taken over, license will be established in accordance with Code of Alabama, § 11-51-129.

Schedule "P" - Utilities—Natural Gas Company

Each person, firm or corporation operating gas companies, pipe line companies for transporting or carrying gas, gas distributing companies, whether by means of pipe lines or by tanks, drums, tubes, cylinders or otherwise, incorporated under the laws of this state or any other state or whether incorporated at all or not, except telephone and telegraph companies, and express companies which are otherwise licensed shall pay one (1) percent of the gross receipts of the business done by the utility in the municipality during the preceding year beginning January 2009; and, for the first year's business when an existing utility is taken over, license will be established in accordance with Code of Alabama, § 11-51-129.

Schedule "Q" - Utilities—Water, Sewage Treatment

Each person, firm or corporation operating waterworks companies, pipe line companies for transporting or carrying water or other commodities, heating companies or other public utilities, incorporated under the laws of this state or any other state or whether incorpo- rated at all or not, except telephone and telegraph companies, and express companies which are otherwise licensed, shall pay one (1) percent of the gross receipts of the business done

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§ 10-11.12 LICENSES AND TAXATION § 10-11.13

by the utility in the municipality during the preceding year, beginning in January 2009; and, for the first year's business when an existing utility is taken over, license will be established in accordance with Code of Alabama, § 11-51-129.

Schedule "X" - Delivery License The rate for the delivery license is established in section 10-11.10 and is $100.00.

Schedule "Y" - Small Vendors 1. For the purposes of this schedule, a "small vendor" shall be defined as a taxpayer that meets all the following criteria: a. The taxpayer purchased a business license from the municipality with respect to the preceding license year and made a sale or provided services within the municipality thereof during each calendar quarter of the preceding license year. b. A small vendors license is only available to those taxpayers that would otherwise fall under one (1) of the following schedules: Schedule A, Schedule B, Schedule C, Schedule D or Schedule E. c. A small vendors license is not available for new businesses, it is only available for an established business who purchased a license for the previous year. Also, a small vendors licenses is not available for those businesses that fall under the following schedules: Schedule G, Schedule H, Schedule I, Schedule J, Schedule K, Schedule L, Schedule M, Schedule N, Schedule O, Schedule P, Schedule Q, or Schedule X. It is also not available for a business that qualifies for a delivery license. d. The taxpayer's gross receipts derived from within the municipality for the preceding license year did not exceed fifteen thousand dollars ($15,000.00). e. The taxpayer did not qualify for the special delivery license provided for by Code of Alabama, § 11-51-194. 2. The license fee for a small vendor license shall be fifty-five dollars ($55.00) plus issuance fee. 3. A taxpayer who qualifies for a small vendor license but whose gross receipts derived from within the municipality for the preceding license year did not exceed two thousand dollars ($2,000.00) shall not have to pay the license fee but only the issuance fee. (Ord. No. 2007-03, § 23, 9-13-07; Ord. No. 2007-04, §§ 1, 2, 12-13-07; Ord. No. 2008-01, §§ 1, 2, 1-22-08)

§ 10-11.13. Exchange of information.

(a) The license officer may exchange tax returns, information, records, and other documents secured by the municipality, with other municipalities adopting similar ordinances for the exchange of taxpayer information, or with county or state authorities. The license officer may charge a reasonable fee for providing such information or documents. Any tax returns,

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§ 10-11.13 LICENSES AND TAXATION § 10-12

information, records, or other documents so exchanged shall remain subject to the confiden- tiality provisions, restrictions, and criminal penalties for unauthorized disclosure as provided under state or municipal law.

(b) Any such exchange shall be for one (1) or more of the following purposes:

(1) Collecting taxes due.

(2) Ascertaining the amount of taxes due from any person.

(3) Determining whether a person is liable for, or whether there is probable cause for believing a person might be liable for, the payment of any tax to a state, county, or municipal agency.

(c) Nothing herein shall prohibit the use of tax returns or tax information by the municipality in the proper administration of any matter administered by the license officer. The license officer may also divulge to a purchaser, prospective purchaser as defined pursuant to the regulations of the Alabama Department of Revenue, or successor of a business or stock of goods the outstanding sales, use, or rental tax liability of the seller for which the purchaser, prospective purchaser as defined pursuant to the regulations of the Alabama Department of Revenue, or successor may be liable pursuant to § 40-23-25, 40-23-82, or 40-12-224, Code of Alabama, 1975. (Ord. No. 2007-03, § 24, 9-13-07)

§ 10-11.14. License fees in police jurisdiction.

Any person, firm, association, or corporation engaged in any business outside the munici-

pality but within the police jurisdiction hereof shall pay one-half (1/2) of the amount of the license imposed for like business within the municipality. (Ord. No. 2007-03, § 25, 9-13-07)

ARTICLE II - GASOLINE TAX

§ 10-12 Gasoline Tax - Definitions

The following terms, as used in this article, shall have the respective meanings hereinafter set out:

a. The term "the city" means the municipality of Fayette, Alabama.

b. The terms "distributor" or "seller" shall include every person who shall engage in selling or delivering gasoline within the corporate limits of the city or its police jurisdiction.

c. The term "gasoline" shall include gasoline, naphtha and all other liquid motor fuels commonly used in combustion engines, but shall not include those products known commercially as "kerosene oil," "fuel oil" or "crude oil" commonly used for lighting, heating or industrial purposes.

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§ 10-12 LICENSES AND TAXATION § 10-15

d. The term "person" shall include every person, individual, partnership, company, agency, firm or association.

e. The term "police jurisdiction" includes the territory outside the corporate limits of the city but within its police jurisdiction. (Ord. of Nov. 7, 1966, § 1.)

§ 10-13 Gasoline - Levy of Tax

In addition to all other taxes imposed by law, every distributor or seller, who is engaged in the business of selling or delivering gasoline within the corporate limits of the city, shall pay a license tax to the city, and a license tax is hereby fixed and levied upon each such distributor or seller, which license tax shall be in an amount equal to one (1) cent for each gallon of gasoline sold or delivered within the corporate limits of the city by such distributor or seller. In addition to all other taxes imposed by law, every distributor or seller, who is engaged in the business of selling or delivering gasoline within the police jurisdiction of the said city, shall pay a license tax to the city, and a license tax is hereby fixed and levied upon each such distributor or seller, which license tax shall be in an amount equal to one-half (1/2) cent for each gallon of gasoline sold or delivered within the police jurisdiction of the city by such distributor or seller. (Ord. of Nov. 7, 1966, § 2.)

§ 10-14 Exemptions on Purchases from Other Distributors or Sellers

Any person, engaged as such seller or distributor in selling or distributing gasoline purchased from other sellers or distributors who have paid the license tax herein imposed with respect to such gasoline, shall not be required to pay any license tax with respect to the sale or delivery of such gasoline so purchased; provided, however, that in order for any seller or distributor to obtain the exemption in this section contained, such seller or distributor must on or before the 20th day of January, 1967, and on or before the 20th day of each and every month thereafter, file with the city clerk of the city a sworn, written statement showing each and every purchase by such person of gasoline during the calendar month next preceding, as well as the name of the person from whom, the amount and the date on which purchased. (Ord. of Nov. 21, 1966, § 3.)

§ 10-15 Written Statement Must be Filed

Each distributor or seller shall, on or before the 20th day of January, 1967, and on or before the 20th day of each month thereafter, file with the city clerk of the City of Fayette a sworn written statement, which shall be a full, true, accurate and correct statement of the following:

a. The amount and quantity of all gasoline sold or delivered by such distributor or seller within the corporate limits of the city;

b. The amount and quantity of all gasoline sold or delivered by such distributor or seller within the police jurisdiction of the city; and

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§ 10-15 LICENSES AND TAXATION § 10-20

c. The amount and quantity of all gasoline sold and delivered to any other distributor within the corporate limits of the city, or within the police jurisdiction thereof, as the case may be. (Ord. of Nov. 21, 1966, § 4.)

§ 10-16 Gasoline Tax - Payments and Penalties

Upon making each monthly report provided for in the next preceding section, each distributor or seller shall, at the same time, pay to the city clerk of the city the said tax with respect to the business conducted by such distributor or seller during the then next preceding calendar month; and any distributor or seller, who fails or omits to pay said license tax when due, shall be guilty of an offense against the city; such offense shall be a continuing offense, and each day, during which such distributor or seller shall engage in the business of selling gasoline while such default continues, shall constitute a separate offense. (Ord. of Nov. 7, 1966, § 5.)

§ 10-17 Gasoline Tax - Exclusion

The provisions of this article shall not apply to any sales or deliveries which constitute interstate commerce. (Ord. of Nov. 7, 1966, § 6.)

§ 10-18 Gasoline Tax - Permit and License Tax Required When Seller or Distributor Has No Place of Business in City

It shall be unlawful for any seller or distributor, having no place of business within the corporate limits of the city or within the police jurisdiction thereof, to make any sales or deliveries of gasoline therein, without first having obtained a permit from the city clerk of the city to do so; and such seller or distributor shall be liable for and pay the same license tax as that fixed and levied in this article; and any seller or distributor, who shall violate any provisions of this article, shall be punished as hereinafter provided. (Ord. of Nov. 7, 1966, § 7.)

§ 10-19 Gasoline Tax - Failure to File, Making False Statement an Offense

It shall be unlawful for any seller or distributor to fail or omit to make or file any statement, herein required, within the time specified, or to make any false statement, and such an offense shall be a continuing offense against the city, and each day, during which said business or occupation is engaged in during such default, shall constitute a separate offense. (Ord. of Nov. 7, 1966, § 8.)

§ 10-20 Gasoline Tax - Serving Delinquent Seller or Distributor Unlawful

It shall be unlawful for any person, after said license tax becomes delinquent, to act as agent, servant or employee of any person liable for such delinquent license tax under this

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§ 10-20 LICENSES AND TAXATION § 10-23

article, in engaging in or assisting in carrying on the business for which his principal or employer is required to pay such license tax, and each day such agent, servant or employee shall engage in or assist in carrying on such business, shall constitute a separate offense. (Ord. of Nov. 7, 1966, § 8.)

§ 10-21 Gasoline Tax - Duty to Furnish Information

Upon demand of the city clerk of the city or by his authorized deputy or representative, all such information as may be required for determination of the correct amount of license tax, to which a person is subject, shall be furnished to said city, and to that end, it shall be the duty of such person, upon such demand, to submit to the city clerk, or his authorized deputy, auditor or representative, for inspection and examination, all books of account, invoices, papers, reports and memoranda containing entries showing the amount of purchase, sales, receipts, inventory and other information from which the correct amount of license tax to which he is subject may be determined, including exhibition of bank deposit books and bank statements, and it shall be unlawful for any person to fail or refuse to submit such records for such examination and inspection upon such demand. (Ord. of Nov. 7, 1966, § 10.)

§ 10-22 Pumps Must be Metered

It shall be the duty of every person, selling gasoline within the corporate limits of the city, or within the police jurisdiction thereof, to have a meter in good working order on each and every pump from which gasoline is dispensed and to keep an accurate record of the readings of said meter. (Ord. of Nov. 21, 1966, § 11.)

§ 10-23 Gasoline Tax - Right to Assess Tax in Default, Procedure, Revocation of License

If any person, subject to the provisions of this article, have not in his possession or under his control true and intelligible books or accounts, invoices, papers and reports reflecting the date and information necessary for determination of the correct amount of license tax, or if, having in his possession or under his control such books, invoices, papers, reports or memoranda, he shall fail or refuse to submit and exhibit the same for inspection and examination as required hereby, then, in either event, it shall be the duty of the city clerk of the city to ascertain, from the best information and data obtainable, the correct amount of license tax due from such person, and to assess the same against such person, and to mail to such person notice of his assessment and to demand of such person immediate payment of the amount of license tax ascertained to be due from him, less any amount of license tax such person may have heretofore paid thereon.

If the amount of tax demanded be not paid within ten (10) days after the mailing of such demand, the city clerk shall notify such person by registered mail that, at a time and place specified in said notice, he will apply to the city council of the city for revocation of such person's license. At the time and place so specified, such person may appear before the city

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§ 10-23 LICENSES AND TAXATION § 10-25

council in person or by counsel and show cause, if any there be, why said license should not be revoked. Upon any such hearing and for all other purposes, the decision and determination of the said city clerk as to the amount of license tax shall be deemed correct and final, unless and until it shall be satisfactorily shown that such decision and determination is incorrect. (Ord. of 11-7-66, § 12)

§ 10-24. Penalty for violation of article.

Whoever shall violate any provision of this article shall, for each offense and for each and every day that such offense continues, be guilty of a misdemeanor and shall be subject to a fine not exceeding two hundred dollars ($200.00) and to imprisonment or hard labor not exceeding six (6) months, or both. (Ord. of 11-7-66, § 13)

ARTICLE III. TOBACCO TAX*

§ 10-25. Tobacco tax—Definitions.

The following terms, as used in this article, shall have the meanings respectively ascribed to them:

Tobacco products means cigarettes, cigars, smoking tobacco, smokeless tobacco, chewing tobacco, snuff, or any of them.

City shall mean the City of Fayette, Alabama.

Container means the original boxes from which cigars are customarily sold at retail and the individual packages or cans in which cigarettes, smoking tobacco, chewing tobacco, smokeless tobacco, or snuff are customarily sold at retail.

Dealer shall mean any wholesale dealer or retail dealer as herein defined.

Person shall mean a natural person, firm, corporation, association receiver and trustee or other person acting in a fiduciary capacity.

Police jurisdiction shall mean the territory outside but within one and one-half (11/2) miles of the corporate limits of the City of Fayette, Alabama.

Retail dealer shall mean any person, other than a wholesale dealer, who sells or delivers tobacco products within the city or its police jurisdiction, and any person operating under a retail dealer's license.

*Editor’s note—Ord. No. 1997-07, adopted June 16, 1997, repealed Art. III in its entirety and substituted the following as herein set out. Former Art. III contained §§ 10-25—10-33 and derived from an ordinance of Sept. 1, 1955, an ordinance of Oct. 15, 1956; and Ord. No. 1987-01, adopted Jan. 5, 1987.

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§ 10-25 LICENSES AND TAXATION § 10-27

Sold and sale shall mean any transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner or by any means whatsoever for a consideration or any agreement therefor, including rewards, prizes or premiums of tobacco products given as a result of operation on punch boards, shooting galleries or other activities.

Stamp shall mean the stamp by the use of which the taxes levied under this article are paid.

Store and stored shall refer to the storage or warehousing of tobacco products in any manner, or the withdrawal or use of the same for any purpose other than for resale or reshipment outside the City of Fayette or its police jurisdiction.

Storer shall mean a person who stores tobacco products in the City of Fayette or its police jurisdiction.

Wholesale dealer shall mean a person who sells or delivers within the City of Fayette, at wholesale only, tobacco products to retail dealers for the purpose of resale only. (Ord. No. 1997-07, § 1, 6-16-97)

§ 10-26. Levy of tax in the city.

In addition to all taxes now imposed by law, including any license taxes levied with respect to such business in any general license code of the city, every person engaged in the business of selling, storing or delivering tobacco products within the corporate limits of the city shall pay a license tax to the city and a license tax is hereby fixed and levied for engaging in such business as follows: (a) An amount equal to twelve cents ($0.12) for each individual package of cigarettes or fraction of said number contained in each package sold within the City of Fayette. (b) An amount equal to twelve cents ($0.12) for each ounce, or fraction thereof, contained in each individual package or can of smoking tobacco which is sold in the City of Fayette.

(c) An amount equal to one-fifth of twelve cents (1/5 of $0.12) for each cigar sold within the City of Fayette. (d) An amount equal to twelve cents ($0.12) for each individual package or can of smokeless tobacco, chewing tobacco, or snuff which is sold within the City of Fayette. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 2003-06, § 1, 8-21-03)

§ 10-27. Levy of tax in police jurisdiction.

In addition to all taxes now imposed by law, including any license taxes levied with respect to such business in any general license code of the city, every person engaged in the business of selling, storing or delivering tobacco products within the police jurisdiction shall pay a license tax to the city and a license tax is hereby fixed and levied for engaging in such business as follows: (a) An amount equal to six cents ($0.06) for each individual package of cigarettes or fraction of said number contained in each package sold within the police jurisdiction.

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§ 10-27 LICENSES AND TAXATION § 10-28.2

(b) An amount equal to six cents ($0.06) for each ounce, or fraction thereof, contained in each individual package or can of smoking tobacco which is sold within in the police jurisdiction.

(c) An amount equal to one-fifth of six cents (1/5 of $0.06) for each cigar sold within the police jurisdiction.

(d) An amount equal to six cents ($0.06) for each individual package or can of smokeless tobacco, chewing tobacco, or snuff which is sold within the police jurisdiction. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 2003-06, § 2, 8-21-03)

§ 10-28. Payment of tax.

The license tax imposed by this article shall be paid on cigarettes by affixing stamps in the manner as herein set forth. The license tax imposed by this article shall be paid on tobacco products other than cigarettes by making a monthly report and remittal of tax to the city in the manner as herein set forth. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 1, 10-20-97)

§ 10-28.1. Stamps required for cigarettes.

All cigarettes sold, stored or delivered within the corporate limits of the city or its police jurisdiction shall have stamps affixed to each container as set forth in this article. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 2, 10-20-97)

§ 10-28.2. Stamps; monthly statement.

(a) The city clerk shall keep on hand for sale an adequate quantity of stamps to be affixed to each container of tobacco products required to have stamps in denominations as required under this article. Each stamp shall have inscribed thereon the words "City of Fayette-Tobacco Tax" or "City of Fayette - Tax Paid - 20 cigarettes," but said words need not be arranged in the foregoing order and may be abbreviated. Said stamps may be sold to wholesale dealers only by the city clerk at the full amount of the stamp and no person shall be entitled to purchase any such number of stamps as shall cause the purchase price to include a fraction of a cent. The city clerk is hereby prohibited from selling tobacco tax stamps to any person, firm or corporation other than a wholesale dealer.

(b) On or before the fifteenth day of each month, every wholesale dealer and/or retail dealer of tobacco products shall file with the city clerk a true and correct monthly statement in writing of all tobacco products, other than cigarettes, sold, delivered or stored within the City of Fayette or its police jurisdiction during the preceding month, for which he is or shall be liable for the payment. Taxes due on the monthly statement, if not paid on or before the fifteenth of the month shall be subject to a fifteen (15) percent penalty and interest accruing at the rate of six (6) percent per annum. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 3, 10-20-97)

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§ 10-29 LICENSES AND TAXATION § 10-30

§ 10-29. Affixing stamps.

Before any tobacco products required to have stamps shall be sold, stored or delivered within the corporate limits of the city or its police jurisdiction by any dealer, such dealer shall affix to each container of tobacco products required to have stamps a stamp or stamps obtained from the city clerk in the amount set out in this article in payment of the license taxes imposed by this article. Every dealer shall, within one hour after receipt of any tobacco products required to have stamps within the city or its police jurisdiction, unless sooner offered for sale, cause stamps to the requisite amount of the tax to be affixed as herein provided and shall cause the same to be cancelled by writing or stamping with waterproof ink across the face of each stamp such registered number as shall be furnished to such dealer by the city clerk. After such stamping has been begun, it shall be continued with reasonable diligence by such dealer until all unstamped containers shall have been stamped, and the stamps cancelled as herein provided, but no stamp required to be affixed to any container shall, after the same has been affixed as herein provided, be again used in payment of any part of the tax levied under this article. Stamps in denominations equal to the amount of the tax shall be affixed to the container from or in which the tobacco products, with respect to which the stamps are affixed are normally sold at retail, and shall be so affixed in such manner that their removal will require continued application of water or steam. If stamps are required for cigars, sales of which are normally made from the original container, the stamps shall be affixed to the container in such a way that the stamps shall be torn in two or mutilated when the container is opened for sale of cigars. If stamps are required for cigarettes and smoking tobacco, which are normally sold at retail in individual packages, the stamps shall be affixed in such a way that the stamps shall be torn in two or mutilated when such package is opened. If stamps are required smokeless tobacco, chewing tobacco, snuff, etc., which are normally sold in individual packages or containers, the stamps shall be affixed to the box or container holding the individual packages in such a way that such stamps shall be torn in two or mutilated when the container is opened for the sale of individual packages or containers. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 4, 10-20-97)

§ 10-29.1. Receipt of unstamped tobacco products.

Any person who purchases or receives in any manner whatever tobacco products which do not have stamps affixed or on which sales have not been reported and taxes paid in the manner required by this article shall, within three (3) days after receipt of such tobacco products, report the receipt and purchase thereof to the city clerk, giving the date of purchase or receipt, the name of the person from whom purchased or received and a list describing the tobacco products so purchased or received and the purchase price thereof. Such report must be made by registered mail or in person. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 5, 10-20-97)

§ 10-30. Records.

Every wholesale dealer shall, at the time of selling or delivering tobacco products into the city or its police jurisdiction, make a true duplicate invoice of the same, which shall show full

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§ 10-30 LICENSES AND TAXATION § 10-31

and complete details of the sale or delivery of such tobacco products and the prices thereof. Every wholesale and retail dealer shall keep a record of the purchase, sale, exchange or receipt of tobacco products. All such invoices and cancelled checks and other memoranda pertaining to any such purchase, sale, exchange or receipt shall be retained for a period of three (3) years and shall be subject to inspection of the city clerk or a duly authorized representative, who shall have the power and authority to enter upon the premises of any dealer at all reasonable times for the purposes of examining such invoices, records, cancelled checks and other memoranda. (Ord. No. 1997-07, § 1, 6-16-97)

§ 10-31. Unlawful acts.

Among others, the following acts and omissions shall be unlawful:

(a) It shall be unlawful for any person who is required by this article to affix stamps to any container of tobacco products to fail to affix such stamps or to fail to cancel such stamps in the manner and within the time required by this article.

(b) It shall be unlawful for any person to sell, offer for sale, store or deliver within the City of Fayette or its police jurisdiction any tobacco products where stamps have not been affixed and cancelled as provided in this article.

(c) It shall be unlawful for any person to have in his possession or under his control any containers of cigarettes where stamps have not been affixed or other tobacco products on which sales have not been reported and taxes paid in the manner required by this article for more than six (6) hours after receipt of such cigarettes or other tobacco products on the premises of such person. The possession of each container of cigarettes not having proper stamps affixed or other tobacco products on which sales have not been reported and taxes paid as required by this article shall be deemed a separate offense.

(d) It shall be unlawful to manufacture, buy, sell, offer for sale, or possess or attempt to do so any reproduction or counterfeit of the stamps provided for in this article, or to possess tools, implements, instruments or materials of any kind necessary or appro- priate to reproduce or counterfeit such stamps, or to alter or cause to be altered any stamps herein provided for.

(e) It shall be unlawful to remove from a container or otherwise prepare any stamps with intent to use or cause the same to be used, after it has already been used, or to buy, sell, offer for sale or give away any washed, removed, altered or restored stamp to any person, or to have in possession any such washed or removed or restored or altered stamps, or for the purpose of indicating payment of any tax hereunder, to reuse any stamp which has theretofore been used for the payment of any tax provided in this article, or to sell any stamp provided for herein, excepting, however, sales made by the city clerk.

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§ 10-31 LICENSES AND TAXATION § 10-32

(f) It shall be unlawful to reuse or refill with tobacco products any container from which tobacco products have been removed and with respect to which the tax has theretofore been paid.

(g) It shall be unlawful for any person who is, in this article, required to keep records to fail or omit to keep the same in the manner herein provided, or to refuse to permit the city clerk or a duly authorized representative to inspect the same at any reasonable hour, or to interfere with or obstruct the city clerk or a duly authorized representative in the making of any such inspection.

(h) It shall be unlawful for any person who is herein required to file statements with the city clerk to fail or omit to make or file any statement herein provided within the time herein specified, or to make any false statement therein, and such offense shall be a continuing offense against the city and each day during which such person shall sell, store, or deliver tobacco products in the City of Fayette or its police jurisdiction during such default shall constitute a separate offense.

(i) It shall be unlawful for any person who is required to pay the license tax herein provided for to fail or omit to pay the same within the time herein specified, and such offense shall be a continuing offense against the city and each day during which said person shall sell, store or deliver tobacco products in the City of Fayette or its police jurisdiction during such default shall constitute a separate offense. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 6, 10-20-97)

§ 10-32. Construction of article.

This article shall not be construed to tax interstate commerce of any business of the United States Government or any branch or agency thereof. This article shall not be construed to apply to tobacco products stored for the purpose of resale or reshipment outside the city and its police jurisdiction and which are actually so resold or reshipped. This article shall not be construed to repeal any of the provisions of the general license code of the City of Fayette, but shall be held to be cumulative. Whenever the requisite amount of stamps has been affixed to a container of tobacco products or the required amount of taxes paid on the monthly statement for tobacco products as required in this article, this article shall not be construed to require additional stamps to be affixed thereto in case of subsequent sales, deliveries or storage; provided, that where such tobacco products have been properly stamped or the taxes paid on the monthly statement for sale, delivery or storage within the police jurisdiction, then before the same can be sold, delivered or stored in the corporate limits of the city there must be properly affixed to such tobacco products and properly canceled an equal amount of stamps to those already affixed and sales reported and taxes paid on all other tobacco products on the required monthly statement. (Ord. No. 1997-07, § 1, 6-16-97; Ord. No. 1997-15, § 7, 10-20-97)

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§ 10-33 LICENSES AND TAXATION § 10-34

§ 10-33. Time of payment of tax.

The license tax imposed by this article shall be paid from time to time as stamps are purchased from the city clerk and affixed as provided herein. (Ord. No. 1997-07, § 1, 6-16-97)

§ 10-33.1. Penalty.

Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500.00) and may be sentenced to serve no more than six (6) months in the county jail, or both, provided that upon conviction for a second or subsequent offense, the minimum fine imposed shall be one hundred dollars ($100.00). (Ord. No. 1997-07, § 1, 6-16-97)

§ 10-33.2. Severability.

Each and every provision of this article is hereby declared to be an independent provision, and the holding of any provision hereof to be void or invalid shall not affect any other provision hereof. (Ord. No. 1997-07, § 1, 6-16-97)

ARTICLE IV. PRIVILEGE AND EXCISE TAXES

§ 10-34. Privilege tax—Definitions.

The following words, terms, and phrases, when used in this article, shall have the meaning ascribed to them, except where the context clearly indicates a different meaning: (a) The term "automotive vehicle" shall include a power shovel, dragline, crawler, crawler crane, ditcher or any similar machine which is self-propelled, in addition to self- propelled machines which are used primarily as instruments of conveyance. b. The word "business" shall include all activities engaged in, or caused to be engaged in, with the object of gain, profit, benefit or advantage, either direct or indirect, and not excepting sub-activities producing marketable commodities used or consumed in the main business activity, each of which sub-activities shall be considered business engaged in and taxable in the class in which it falls. c. The term "city" shall mean the City of Fayette, Alabama. d. The term "city clerk" shall mean the city clerk of the city. e. The term "gross proceeds of sales" means the value accruing from the sale of tangible personal property (including the proceeds from the sale of any property handled on consignment by the taxpayer), including merchandise of any kind and character without any deduction on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid or any other expenses and without any deduction on account of losses; provided, that cash discounts allowed and taken on

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§ 10-34 LICENSES AND TAXATION § 10-34

sales shall not be included and gross proceeds of sales shall not include the sale price or property returned by customers when the full sales price thereof is refunded either in cash or by credit.

The term "gross proceeds of sale" shall also mean and include the reasonable and fair market value of any tangible personal property previously purchased at wholesale, which is withdrawn or used from business or stock and used or consumed in connection with said business, and shall also mean and include the reasonable and fair market value of any tangible personal property previously purchased at wholesale, which is withdrawn from the business or stock and used or consumed by any person so withdrawing the same except property which has been previously withdrawn from such business or stock and so used or consumed, and with respect to which property the tax has been paid because of such previous withdrawal, use or consumption, and except property which enters into and becomes an ingredient or component part of tangible personal property or products manufactured or compounded for sale and not for the personal or private use or consumption of any person so withdrawing, using or consuming the same.

f. The term "gross receipts" means the value accruing from the sale of tangible personal property, including merchandise and commodities of any kind and character, all receipts, actual and accrued, by reason of any business engaged in (not including, however, interest, discounts, rentals or real estate or royalties), and without any deduction on account of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or any other expenses and without any deductions on account of losses.

The term "gross receipts" shall further mean and include the reasonable and fair market value of any tangible personal property previously purchased at wholesale which is withdrawn or used from the business or stock, and used or consumed in connection with said business, and shall also mean and include the reasonable and fair market value of any tangible personal property previously purchased at wholesale which is withdrawn from the business or stock, and used or consumed by any person so withdrawing the same except property which has been previously withdrawn from such business or stock and so used or consumed and with respect to which property the tax has been paid because of such previous withdrawal, use or consumption, and except property which enters into or becomes an ingredient or component part of tangible personal property or products manufactured or compounded for sale and not used for the personal and private use or consumption of any person so withdrawing, using or consuming the same.

g. The term "person" includes any individual, firm, partnership, association, corporation, receiver, trustee or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.

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§ 10-34 LICENSES AND TAXATION § 10-34

h. The terms "sale at retail" or "retail sale" shall mean all sales of tangible personal property except those above defined as wholesale sales. The quantities of goods sold or prices at which sold are immaterial in determining whether or not a sale is at retail. Sales of building materials to contractors, builders or land owners for resale or use in the form of real estate are retail sales in whatever quantity sold. Sales of tangible personal property or products to manufacturers, quarry operators. mine operators or compounders, which are used or consumed by them in manufacturing, mining, quarrying or compounding and which do not become an ingredient or component part of the tangible personal property manufactured or compounded, are retail sales. i. The term "sale or sales" include installment, and credit sales and the exchange of properties as well as the sale thereof for money, every closed transaction constituting a sale. j. The term "State Department of Revenue," wherever used herein, shall mean the Department of Revenue of the State of Alabama. k. The term "state sales tax statutes," wherever used herein, shall mean Act No. 100 adopted at the Second Extraordinary Session of 1959 of the Legislature of Alabama, as heretofore amended and supplemented. l. The word "taxpayer" means any person liable for taxes hereunder. m. The term "tax proceeds in the police jurisdiction," wherever used herein, shall mean the proceeds from the taxes herein levied with respect to business conducted within the police jurisdiction of the city but outside the corporate limits. n. The term "tax proceeds within the city," where-ever used herein, shall mean the proceeds from the taxes herein levied with respect to business conducted within the corporate limits of the city. o. The terms "truck trailer" and "semi-trailer" include all types of trailers, including house trailers. The use within the corporate limits of the City of Fayette, or within the police jurisdiction thereof of tangible personal property by the manufacturer thereof, as building materials, in the performance of a construction contract, shall, for the purpose of this article, be considered as a retail sale thereof by such manufacturer, who shall be construed as the ultimate consumer of such materials or property, and who shall be required to report such transactions and pay the sales tax thereon, based upon the reasonable and fair market price thereof at the same time and place where same are used or consumed by him or it. The provisions of this subsection shall not apply to any tangible personal property which is specifically exempted from the tax levied in this article. p. The terms "wholesale sale" or "sale at wholesale" mean a sale of tangible personal property by wholesalers to licensed retail merchants, jobbers, dealers or other wholesalers for resale and do not include a sale by wholesalers to users or consumers, not for resale. The term "wholesale sale" shall include a sale of tangible personal

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§ 10-34 LICENSES AND TAXATION § 10-36

property or products (including iron ore) to a manufacturer or compounder which enter into and become an ingredient or component part of the tangible personal property or products which he manufactures or compounds for sale and the furnished container and label thereof. The terms "wholesale sale" or "sale at wholesale" shall also include a sale of containers intended for one time use only and the labels thereof, when such containers are sold without contents to persons who sell or furnish such containers along with the contents placed therein for sale by such persons. Moreover, such terms include a sale to a manufacturer or compounder of crowns, caps and tops intended for one time use, employed and used upon the containers in which he markets his products; but such terms do not include a sale of re-usable containers which, in the usual and ordinary course and manner of doing business, are repurchased or otherwise recovered for reuse. (Ord. of Sept. 23, 1959, § 1.)

§ 10-35 Privilege Tax Levied

There is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege of license tax against the person on account of the business activities and in the amount to be determined by the application of rates against gross sales, or gross receipts, as the case may be. (Ord. No. 1982-4, 8-2-82, § 1)

§ 10-36. Privilege tax—Retail sales of tangible personal property, rates, exclusions, within city.

A tax is levied upon every person, firm or corporation (including the State of Alabama, the University of Alabama, Auburn University and all other institutions of higher learning in the state, whether such institutions be denominational, state, county or municipal institutions and any association or other agency or instrumentality of such institutions) engaged, or continuing within the City of Fayette in business of selling at retail any tangible personal property whatsoever, including merchandise and commodities of every kind and character, (not including, however, bonds, or other evidences of debts or stocks, nor sale or sales of material and supplies to any person for use in fulfilling a contract for the painting, repair or reconditioning of vessels, barges, ships and other watercraft and commercial fishing vessels of over five (5) tons load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources), an amount equal to three (3) percent of the gross proceeds of sales of each business. Provided, however, that any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax required on the gross proceeds of retail sales of such business at the rates specified, when his books are kept so as to show separately the gross proceeds of sales of each business, and when his books are not so kept, he shall pay the tax as a retailer, on the gross sales of the business. (Ord. No. 1982-4, 8-2-82, § 1(a); Ord. No. 2008-07, § 2, 11-17-08)

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§ 10-37 LICENSES AND TAXATION § 10-39

§ 10-37. Levy of privilege tax in police jurisdiction. Upon every person, firm or corporation engaged in the doing of any act, or who shall do any act, or continuing in the doing of any act, or engaged in the operation of any business, or who shall engage in the operation of any business, within the police jurisdiction of the city but beyond the corporate limits of the city, for which or upon which a privilege or license tax is in this article levied or required within the corporate limits of the city, there is hereby levied, in addition to all other taxes of every kind now imposed by law or by municipal ordinance, to be collected as herein provided for the privilege or license taxes herein levied within the corporate

limits of the city, a privilege or license tax equal to one-half (1/2) of that provided, levied or required in this article for the doing of such act, or the engaging or continuing therein, or the engaging or continuing in the operation of such business within the corporate limits of the city. Provided further, that except for the amount of the privilege or license tax herein levied within the police jurisdiction of said city but without the corporate limits thereof, all the provisions of this article extend and apply to all the area within the police jurisdiction of the city. (Ord. of 4-15-74, § 2; Ord. No. 1995-09, § 1, 11-20-95)

§ 10-38. Privilege tax—Places of amusement, entertainment, rates. A tax is levied upon every person, firm or corporation engaged or continuing within the city in the business of conducting or operating places of amusement or entertainment, billiard and pool rooms, bowling alleys, amusement devices, musical devices, theaters, opera houses, moving picture shows, vaudevilles, amusement parks, athletic contests, including wrestling matches, prize fights, boxing and wrestling exhibitions, football and baseball games (including athletic contests conducted by or under the auspices of any educational institution within the city or any athletic association thereof or other association, whether such institution or association be a denominational, a state or county, or a municipal institution or association, or a state, county or city school, or other institution, association or school), skating rinks, race tracks, golf courses or any other place at which any exhibition, display, amusement or entertainment is offered to the public, or place or places where an admission fee is charged, including public bathing places, public dance halls of every kind and description within the city, an amount equal to two (2) percent of the gross receipts of such business. (Ord. No. 1982-4, 8-2-82, § 1(b))

§ 10-39 Privilege Tax - Retail Machines for Mining, Manufacturing, Rates A tax is levied upon every person, firm or corporation engaged or continuing within the city, in the business of selling at retail machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property, an amount equal to one-half of one (1/2%) percent of the gross proceeds of the sale of such machines; provided, that the term "machines," as herein used, shall include machinery which is used for mining, quarrying, compounding, processing or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used. (Ord. # 1982-4, Aug. 2, 1982, § 1(c).)

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§ 10-40 LICENSES AND TAXATION § 10-41

§ 10-40 Privilege Tax - Automotive Vehicles, Rate

A tax is levied upon every person, firm or corporation engaged or continuing within the city, in the business of selling at retail any automotive vehicle or truck trailer, semi-trailer or house trailer, an amount equal to one-half of one (1/2%) percent of the gross proceeds of sale of said automotive vehicle or truck trailer, semi-trailer or house trailer; provided, however, where a person, subject to the tax provided for in this subsection, withdraws from his stock in trade any automotive vehicle or truck trailer, semi-trailer or house trailer for use by him or by his employee or agent in the operation of such business, there shall be paid, in lieu of the tax levied herein, a fee of two ($2.00) dollars per year or part thereof during which such automotive vehicle, truck trailer, semi-trailer or house trailer shall remain the property of such person. Each such year or part thereof shall begin with the day or anniversary date, as the case may be, of such withdrawal and shall run for the twelve (12) succeeding months or part thereof during which such automotive vehicle, truck trailer, semitrailer or house trailer shall remain the property of such person.

Where any used automobile vehicle or truck trailer, semi-trailer or house trailer is taken in trade or in a series of trades as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade. (Ord. # 1982-4, Aug. 2, 1982, § 1(d).)

§ 10-41 Privilege Tax - Machines for Agricultural Production, Rate

A tax is levied upon every person, firm or corporation engaged or continuing within the city, in the business of selling at retail, any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery or equipment, and which are necessary to and customarily used in the operation of such machinery or equipment, an amount equal to one-half of one (1/2%) percent of the gross proceeds of the sale thereof; provided, however the one-half of one (1/2%) percent rate herein prescribed with respect to parts, attachments and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.

Where any used machine, machinery or equipment, which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold, less the credit for the used machine, machinery or equipment taken in trade. (Ord. # 1982-4, Aug. 2, 1982, § 1(e).)

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§ 10-42 LICENSES AND TAXATION § 10-42.1

§ 10-42. Same—Coin-operated machines, rate.

A tax is levied upon every person, firm or corporation engaged or continuing within this city in the business of selling through coin-operated dispensing machines, food and food products for human consumption, not including beverages other than coffee, milk, milk products and substitutes therefor, there is hereby levied a tax equal to two (2) percent of the cost of such food, food products and beverages sold through such machines, which cost for the purpose of this subsection shall be the gross proceeds of sales of such business. (Ord. No. 1982-4, 8-2-82, § 1(f))

§ 10-42.1. Same—Business of furnishing rooms, lodgings or accommodations to transients.

(a) Levy of tax in the city. For the privilege of engaging or continuing within the city in the business activities hereinafter referred to, there is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the person on account of the business activities and in the amounts to be determined by the application of rates against gross receipts as follows: (1) There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm or corporation engaging in the business of renting or furnishing any room or rooms, lodgings or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the rate of four (4) percent of the charge for such room, rooms, lodgings or accommodations, including the charge for use or rental of personal property and services furnished in such room. Provided, however, there is exempted from the tax levied under the provisions of this section any rentals or services taxed under the provisions of Ordinance No. 1982-04, adopted August 2, 1982, levying the two (2) percent privilege or license tax. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of thirty (30) continuous days or more in any place.

(b) Levy of tax in the police jurisdiction. For the privilege of engaging or continuing in the business activities hereinafter referred to within the police jurisdiction of the city outside of its corporate limits, there is hereby levied, in addition to all taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against the persons on account of the business activities and in the amounts to be determined by the application of rates against gross receipts as follows:

(1) There is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon every person, firm or corporation engaging in the business of renting or furnishing any room or rooms, lodgings or accommodations to transients in any hotel, motel, inn, tourist camp, tourist cabin or any other place in which rooms, lodgings or accommodations are regularly furnished to transients for a consideration, in an amount to be determined by the application of the

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§ 10-42.1 LICENSES AND TAXATION § 10-44

rate of two (2) percent of the charge for such room, rooms, lodgings or accommodations, including the charge for use or rental of personal property and services furnished in such room. Provided, however, there is exempted from the tax levied under the provisions of this ordinance any rentals or services taxed under the provisions of Ordinance No. 1995-09, adopted November 20, 1995, levying the one (1) percent privilege or license tax. The tax shall not apply to rooms, lodgings or accommodations supplied for a period of thirty (30) continuous days or more in any place.

(c) Provisions of state transient occupancy tax statutes applicable to this section and taxes herein levied. This section and the taxes herein levied shall be subject to all definitions, exceptions, exemptions, proceedings, requirements, rules, regulations, provisions, penalties, fines, punishments and deductions that are applicable to the taxes levied by the state transient occupancy tax statutes, except where inapplicable or where herein otherwise provided, including all provisions of the state lodgings tax statutes for enforcement and collection of taxes.

(d) Adding amount of tax to price. Any person on whom the taxes levied by this section are imposed may add the tax herein levied to the receipts from rental of rooms, lodgings or accommodations and may collect same from the occupants of such rooms, but this section is not mandatory.

(e) Additional penalty and fine. In addition to all other penalties, fines and punishments imposed hereunder, any person, firm or corporation who fails to submit a report as required by the twentieth day of each month shall pay a late fee of twenty-five dollars ($25.00). (Ord. No. 1995-11, §§ 1—4, 12-4-95; Ord. No. 1997-12, §§ 1, 2, 9-15-97)

§ 10-43. Excise tax on tangible personal property.

An excise tax is hereby levied on the storage, use or other consumption within the City of Fayette of tangible personal property (not including materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships and other watercraft and commercial fishing vessels of over five (5) tons load displaced as registered with the United States Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources) purchased at retail on or after the effective date of this article, for storage, use or other consumption in the City of Fayette, except as provided in the subsections hereinafter, at the rate of three (3) percent of the sales price of such property within the corporate limits of said city. (Ord. No. 1982-4, § 3(a), 8-2-82; Ord. No. 2008-07, § 3, 11-17-08)

§ 10-44. Excise tax on machines.

An excise tax is hereby imposed on the storage, use or other consumption in the city of any machines used in mining, quarrying, compounding, processing and manufacturing of tangible personal property purchased at retail on or after the effective date of this article, at the rate

of one-half (1/2) of one (1) percent of the sales price of any such machine, within the corporate limits of the city; provided, that the term "machine" as herein used, shall include machinery

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§ 10-44 LICENSES AND TAXATION § 10-46

which is used for mining, quarrying, compounding, processing or manufacturing tangible personal property, and the parts of such machines, attachments and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used. (Ord. # 1982-4, Aug. 2, 1982, § 3(b).)

§ 10-45 Excise Tax on Automotive Vehicles

An excise tax is hereby imposed on the storage, use or other consumption in the city of any automotive vehicle or truck trailer, semi-trailer or house trailer purchased at retail on or after the effective date of this article, for storage, use or other consumption in the city at the rate of one-half of one (1/2%) percent of the sales price of such automotive vehicle, truck trailer, semi-trailer or house trailer within the corporate limits of said city. Where any used automotive vehicle, truck trailer, semi-trailer or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade. (Ord. # 1982-4, Aug. 2, 1982, § 3(c).)

§ 10-46 Excise Tax on Agricultural Machinery

An excise tax is hereby and imposed on the storage, use or other consumption in the city of any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products. or used in connection with the production of agricultural products, livestock or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery or equipment and which are necessary to and customarily used in the operation of such machine, machinery or equipment, which is purchased at retail after the effective date of this article, for the storage, use or other consumption in the city at the rate of one-half of one (1/2%) percent of the sales price of such property within the corporate limits of said city, regardless of whether the retailer is or is not engaged in the business in this city; provided, however, the one-half of one (1/2%) percent rate herein prescribed with respect to parts, attachments and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.

Where any used machine, machinery or equipment which is used in planting, cultivating and harvesting farm products or used in connection with the production of agricultural produce or products, livestock and poultry on farms is taken in trade, or in a series of trades, as a credit or part payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold less the credit for the used machine, machinery or equipment taken in trade. (Ord. No. 1982-4, 8-2-82, § 3(d))

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§ 10-46.1 LICENSES AND TAXATION § 10-51

§ 10-46.1. Levy of excise tax in police jurisdiction. An excise tax is hereby imposed on tangible personal property at one-half the rates specified in sections 10-43, 10-44, 10-45 and 10-46 of this article on the storage, use or other consumption of such tangible personal property outside the corporate limits of the city but within the police jurisdiction. (Ord. No. 1995-09, § 2, 11-20-95)

§ 10-47. Privilege, excise taxes—Provisions of state statutes applicable. The taxes, levied in this article, shall be subject to all definitions, exceptions, exemptions, proceedings, requirements, rules, regulations, provisions, discounts, penalties, fines, punish- ments and deductions that are applicable to the taxes levied by the state sales tax statutes and the state use tax statutes, except where inapplicable or where herein otherwise provided, including all provisions of the state use tax statutes for enforcement and collections of taxes. (Ord. No. 1982-4, 8-2-82, §§ 2, 4)

§ 10-48. Taxes in article cumulative. This article shall not be construed to repeal any of the provisions of the general license code or ordinance of the city, but shall be held to be cumulative, and the amounts of the taxes herein levied shall be in addition to the amounts of all other license taxes imposed by the city by its general license code or ordinance. (Ord. No. 1982-4, 8-2-82, § 5)

ARTICLE V. PROPERTY TAX

§ 10-49. Ad valorem taxes—Equalization. The equalization of municipal taxes for the City of Fayette, Alabama, shall be made in the same manner as for state and county taxes. (Ord. of 2-15-60, § 2)

§ 10-50. Enforcement of collection of taxes. The enforcement of such collection, sale of property for the collection of taxes and redemption from such sale shall be made in the same manner as is done concerning state and county taxes. (Ord. of 2-15-60, § 4)

§ 10-51. Ad valorem taxes—Assessment. The tax assessor of Fayette County, Alabama, and his successors in office, are hereby authorized, empowered and directed to assess municipal ad valorem taxes for the City of Fayette, Alabama, including the new territory recently annexed, but not limited thereto, which is described as follows: a. In Township 15, Range 12: The North one-half of the North one-half of Section 29; the East one-half of the East one-half of Section 30; the West one-half of the East one-half and the East one-half of the West one-half of Section 32; and

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§ 10-51 LICENSES AND TAXATION § 10-55

b. In Township 16, Range 12: The West one-half of the East one-half and the East one-half of the West one-half of Section 5; and the West one-half of the Northeast Quarter of the Northwest Quarter of Section 8,

in accordance with the laws of the State of Alabama, at the rate heretofore levied by the City of Fayette, Alabama. The assessment of the new territory described above is to be assessed commencing with the tax year commencing October 1, 1969. (Ord. of 10-20-69, § 1) State law reference—Similar provisions, Code of Alabama, Tit. 37, §§ 670—771.

§ 10-52. Compensation for tax assessor.

The compensation of the tax assessor of Fayette County, Alabama, and his successors in office for such services, shall be a sum of money equal to two (2) percent of the taxes collected, commencing with the tax year beginning October 1, 1967, and thereafter the same for each year, until changed by ordinance adopted by the City of Fayette, Alabama. (Ord. of 11-20-67, § 1)

§ 10-53. Ad valorem taxes—Collection.

The tax collector of Fayette County, Alabama, and his successors in office, are hereby authorized, empowered and directed to collect taxes for the City of Fayette, Alabama, including the new territory recently annexed, described in section 10-51 hereof, but not limited thereto, in accordance with the laws of the State of Alabama, and at the rate heretofore levied by the City of Fayette, Alabama. (Ord. of 10-20-69, § 1)

§ 10-54. Compensation for tax collector.

The compensation of the tax collector of Fayette County, Alabama, and his successors in office for such services, shall be a sum of money equal to two (2) percent of the taxes hereinabove levied for assessing said property, commencing with the tax year beginning October 1, 1967, and thereafter the same for each year, until changed by ordinance adopted by the City of Fayette, Alabama. (Ord. of 11-20-67, § 2)

§ 10-55. Ordinance not a contract.

This ordinance shall not be considered a contract between the city and the said tax assessor and tax collector and is subject to repeal at the pleasure of the council of the City of Fayette, Alabama, as concerns any tax year. (Ord. of 2-15-60, § 5)

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§ 10-56 LICENSES AND TAXATION § 10-56

ARTICLE VI. RENTAL TAX*

§ 10-56. Definitions.

The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Person or company herein used interchangeably, includes any individual, firm, copart- nership, association, corporation, receiver, trustee, entity or any other group or combination acting as a unit, and the plural as well as the singular number, unless the intention to give a more limited meaning is disclosed by the context.

(2) City means the City of Fayette.

(3) City license officer shall mean the license officer of the City of Fayette.

(4) Business means and shall include all activities engaged in, or caused to be engaged in, by any person with the object of gain, profit, benefit or advantage, either direct or indirect, to such person.

(5) Gross proceeds means the value of the property so leased or rented, the cost of materials used, labor or service cost, interest paid or any other expenses whatsoever, and without any deductions on account of loss, but shall not include the gross proceeds accruing from the leasing or renting to another of the same property which is to be leased or rented in a transaction subject to the provisions of this article as long as the lessee in such excluded transaction (who has leased to re-lease) shall not use the same property to its own use; nor shall it include the gross proceeds accruing from any charge in respect to the use of docks and docking facilities furnished for vessels, barges, ships and other watercraft operated on waterways; nor shall it include a transaction whereunder the lessor leases a truck or tractor-trailer or semitrailer with driver furnished for operation over the public roads and highways (such transaction being deemed to constitute the rendition of service and not a leasing or rental); nor shall it include the gross proceeds accruing from charges made by operators of hotels, motels, tourist courts, tourist cabins, lodging houses, and rooming houses renting furnished rooms to transients.

(6) Leasing or rental means and includes a transaction whereunder the person who owns, or controls the possession of, tangible property permits another person in the city and its police jurisdiction to have the possession or use thereof for a consideration and for the duration of a definite or indefinite period of time, without transfer of the title of such property. The detention by the user thereof of freight cars, oxygen and acetylene tanks, and similar property, in respect of which detention a demurrage or per diem charge is made against the user of such property, shall not be deemed to constitute a transaction whereunder property is leased or rented to another within the meaning of this article.

*Editor’s note—Inasmuch as Ord. No. 1996-06, adopted June 3, 1996, did not specify manner of codification, said provisions have been designated as Article VI, §§ 10-56—10-61, at the discretion of the editor.

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§ 10-56 LICENSES AND TAXATION § 10-58

(7) Tangible personal property means and includes personal property which may be seen, weighed, measured, felt, or touched, or is in any other manner perceptible to the senses. The term "tangible personal property" shall not include stocks, bonds, notes, insurance, or other contracts, or securities. (Ord. No. 1996-06, § 1, 6-3-96)

§ 10-57. Tax levied within the city.

There is hereby levied in addition to all privilege license taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against persons on account of the business activities and in the amounts to be determined by the application of rates against gross proceeds as follows:

(1) Upon each person engaging or continuing in the business of leasing or renting tangible personal property within the city at the rate of two (2) percent of the gross proceeds derived by the lessor therefrom; provided that the privilege license tax levied in this article shall not apply to any leasing or rental, as lessor, by the United States of America, the State of Alabama, or any municipality or county in the state.

(2) There are exempted from the computation of the amount of the privilege license tax levied, assessed or payable under this article the gross proceeds accruing from the leasing or rental of tangible personal property which the city is prohibited from taxing under the Constitution or laws of the United States, or under the Constitution and laws of the State of Alabama. (Ord. No. 1996-06, §§ 2, 3, 6-3-96)

§ 10-58. Collection.

The privilege license tax levied under the provisions of this article, except as otherwise provided, shall be due and payable in monthly installments on or before the twentieth day of the month next succeeding the month in which the privilege license tax accrues. On or before the twentieth day of each month after the article shall have taken effect, every person on whom the amounts levied by this article are imposed, shall render to the city, on a form prescribed by the city, a true and correct statement showing the gross proceeds of his business, for the next preceding month, the amount of gross proceeds which are not subject to the privilege license tax, or are not to be used as a measurement of the amounts due by such person and the nature thereof, together with such other information as the city may require, and at the time of making such monthly report such person shall compute the privilege license taxes due and shall pay to the city the amounts shown to be due. If any person subject to this article should fail to render any report required hereby or should willfully make a false statement of facts in the statements required hereunder he shall be guilty of a misdemeanor and upon conviction shall be punished as provided in section 10-60(c). (Ord. No. 1996-06, § 4, 6-3-96)

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§ 10-58.1 LICENSES AND TAXATION § 10-60

§ 10-58.1. Additional penalty and fine.

In addition to all other penalties, fines and punishments imposed in this article, any person, firm or corporation who fails to submit a report as required by the twentieth day of each month shall pay a late fee of twenty-five dollars ($25.00). (Ord. No. 1997-13, § 1, 9-15-97)

§ 10-59. Reporting cash and credit leases or rentals.

Any person taxable under this article, making cash and credit leases or rentals, may if he desires, report such cash leases or rentals only, and he shall thereafter include in each monthly report all credit collections made during the month proceeding, and shall pay the privilege license tax due thereon at the time of filing such report. (Ord. No. 1996-06, § 5, 6-3-96)

§ 10-60. Records.

(a) Keeping of records. It shall be the duty of every person engaging or continuing in any business for which a privilege tax is imposed by this article to keep and preserve suitable records of the gross proceeds of any such business and such other books or accounts as may be necessary to determine the amount of tax for which he is liable, under the provisions of this article. And it shall be the duty of every person to keep and preserve for a period of three (3) years, all invoices of gross proceeds, proceeding or accruing from the leasing or rental herein taxed and all such books, invoices and other records shall be open for examination, at any time by the city or its agent. Any person leasing, who is addition leases for re-leasing, shall keep his books so as to show separately the gross proceeds of leasing and the gross proceeds for re-leasing.

(b) Open for inspection. The books, records and accounts mentioned in subsection (a) shall at all times be open to examination by the city license officer or any person designated by him. Upon demand by the city license officer or his authorized deputy, auditor or representative, it shall be the duty of any person subject to this license tax to submit to the city license officer or his authorized deputy, auditor or representative, for inspection and examination, during reasonable business hours, in the city or the police jurisdiction thereof, all books of account. Each occurrence of a failure to keep records, or allow examination thereof shall constitute a separate offense.

(c) Violation; penalty. Any person who shall fail to keep such records or who shall refuse to permit such examination thereof or who violates any other provisions hereof shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) to which may be added confinement in jail for a period not exceeding six (6) months. (Ord. No. 1996-06, §§ 6, 7, 6-3-96)

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§ 10-61 LICENSES AND TAXATION § 10-61

§ 10-61. Tax levied within the police jurisdiction. There is hereby levied in addition to all licenses and taxes of every kind now imposed by law, and shall be collected as herein provided, a privilege or license tax against persons on account of the business activities and in the amounts to be determined by the application of rates against gross proceeds as follows: (1) Upon each person engaging or continuing in the business of leasing or renting tangible personal property beyond the corporate limits and within the police jurisdiction of the city at the rate of one (1) percent of the gross proceeds derived by the lessor therefrom; provided that the privilege tax levied in this article shall not apply to any leasing or rental, as lessor, by the United States of America, the State of Alabama, or any municipality or county in the state. (2) All of the provisions of this article, other than the rate of taxation, which apply to persons engaging in business within the corporate limits of the city shall apply to and govern and be binding upon all persons engaging in such business beyond the corporate limits and within the police jurisdiction of the city. (Ord. No. 1996-06, § 8, 6-3-96)

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Chapter 11

OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE I. IN GENERAL § 11-1. State misdemeanors; offense against city. § 11-1.1. State violations; an offense against city. § 11-1.2. Offenses as defined by state criminal code; offense against city. § 11-1.3. Penalty for violation. § 11-1.4. Penalty for violation, other. § 11-2. Violation of ordinances; penalties. § 11-3. Police jurisdiction defined. § 11-4. Failure of defendant to appear in court. § 11-5. Reserved. § 11-6. Reserved. § 11-7. Reserved. § 11-8. Reserved. § 11-9. Disposing of dead animals improperly; a nuisance. § 11-10. Reserved. § 11-11. Reserved. § 11-12. Reserved. § 11-13. Reserved. § 11-14. Reserved. § 11-15. Reserved. § 11-16. Reserved. § 11-17. Reserved. § 11-18. Reserved. § 11-19. Reserved. § 11-20. Reserved. § 11-21. Reserved. § 11-22. Disturbing assemblies or woman in public place prohibited; penalty. § 11-23. Disturbing religious worship prohibited; penalty. § 11-24. Reserved. § 11-25. Sound amplifiers—Regulations; exceptions. § 11-26. Same—Prohibited use; exceptions. § 11-27. Same—Penalty for violation. § 11-28. City cemetery—Prohibited burial area. § 11-29. Same—Areas not affected. § 11-30. same—Penalty for violation. § 11-31. Billiard or pool room; conditions for operating. § 11-32. Soliciting donations—Permit required. § 11-33. Same—Conditions for granting of permit. § 11-34. Same—Information needed before granting permit. § 11-35. Penalty for violation. § 11-36. Soliciting from persons in vehicles in transit prohibited. § 11-37. Penalty for violation. § 11-38. Obstructing streets unlawful; penalty. § 11-39. Riding, driving on sidewalks, gutters, sewers prohibited; penalty.

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OFFENSES

§ 11-39.1. Cutting across or driving through private property to avoid traffic control device prohibited. § 11-40. Riding on sidewalks prohibited; penalty. § 11-40.1. Bicycle and scooter operation. § 11-41. Obstructing crossings unlawful; penalty. § 11-42. Standing trains on sidewalk prohibited; penalty.

ARTICLE II. MISDEMEANORS INVOLVING PRIVATE, PERSONAL AND PUBLIC PROPERTY § 11-43. Reserved. § 11-44. Reserved. § 11-45. Reserved. § 11-46. Reserved. § 11-47. Reserved. § 11-48. Reserved. § 11-49. Reserved. § 11-50. Reserved. § 11-51. Injuring or removing property on which city has lien unlawful; penalty. § 11-52. Failure to return property of library a misdemeanor. § 11-53. Penalty for violation. § 11-54. Reserved. § 11-55. Reserved.

ARTICLE III. RESERVED. §§ 11-56—11-59. Reserved.

ARTICLE IV. EXPLOSIVES, FIREARMS AND FIREWORKS § 11-60. Explosives definitions. § 11-61. Explosives storage. § 11-62. Deteriorating explosives. § 11-63. Explosives distances for storage. § 11-64. Transportation of explosives; exceptions. § 11-65. Penalty for violation. § 11-66. Discharging firearms off one's premises unlawful. § 11-67. Discharging firearms in city unlawful. § 11-68. Penalty for violation. § 11-69. Reserved. § 11-70. Reserved. § 11-71. Reserved. § 11-72. Reserved. § 11-73. Reserved. § 11-74. Sale of fireworks prohibited. § 11-75. Shooting off fireworks prohibited. § 11-76. Permit for pyrotechnic display. § 11-77. Storing fireworks—Place to be approved by fire chief. § 11-78. Exception. § 11-79. Penalty for violation.

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OFFENSES

ARTICLE V. MASSAGE PARLORS § 11-80. Definitions. § 11-81. Exceptions. § 11-82. License required. § 11-83. Revocation of license. § 11-84. Health and sanitary requirements. § 11-85. Inspection. § 11-86. Health regulations. § 11-87. Treatment of patrons. § 11-88. Treatment on premises only. § 11-89. Not to be used as dormitory. § 11-90. Signs and advertising. § 11-91. Massage to be given in visible area. § 11-92. Cleanliness. § 11-93. Penalty for violation.

ARTICLE VI. AUTHORITY OF POLICE § 11-94. Failure to obey lawful order of police officer—Unlawful. § 11-95. Penalty for violation. § 11-96. Failure to move or disperse upon lawful order—Prohibited. § 11-97. Penalty for violation. § 11-98. Loitering after warning—Unlawful. § 11-99. Penalty for violation. § 11-100. Chief of police—Authority to establish police line or check point. § 11-101. Police line or check point—Authority of law enforcement officer. § 11-102. Same—Unlawful acts. § 11-103. Authority of law enforcement officers—Cumulative. § 11-104. Penalty for violation.

ARTICLE VI1/2. ABANDONED, LOST OR STOLEN PROPERTY § 11-105. Delivery to chief of police. § 11-106. Storage. § 11-107. Sale generally. § 11-107.1. Sale of perishable property. § 11-107.2. Redemption by owner. § 11-107.3. Records to be kept. § 11-107.4. Disposition of property taken as evidence. § 11-107.5. Exceptions.

ARTICLE VII. PUBLIC DANCES § 11-108. Permit required to operate or conduct public dance. § 11-109. Requirements of application for permit. § 11-110. Permit to be approved by police chief and fire chief. § 11-111. Police officers and/or firemen to be present. § 11-112. Exceptions. § 11-113. No public dance on Sunday. § 11-114. Penalty for violation.

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OFFENSES

ARTICLE VIII. BOXING AND WRESTLING § 11-115. Permit required for operating and conducting boxing, sparring or wrestling matches. § 11-116. Requirements of application for permit. § 11-117. Permit to be approved by police chief and fire chief. § 11-118. Police officers and/or firemen to be present. § 11-119. Exceptions. § 11-120. No such public activities on Sunday. § 11-121. Penalty for violation. §§ 11-122—11-130. Reserved.

ARTICLE IX. NUISANCES

DIVISION 1. GENERALLY § 11-131. Defined. § 11-132. Responsibility of owner or person in charge of premises. § 11-133. Unlawful. § 11-134. Noncompliance with article declared misdemeanor; penalty. § 11-135. Continuing offenses. § 11-136. Responsibility for enforcement; reports. § 11-137. Appeals from notice to abate. § 11-138. Remedy not exclusive. § 11-139. Construction of article. § 11-140. Reserved.

DIVISION 2. ABATEMENT OF NUISANCE CAUSED BY GROWTH OF WEEDS AND ACCUMULATION OF LITTER § 11-140.1. Notice to abate nuisance arising out of growth of weeds and/or accumulation of litter. § 11-140.2. Failure of owner or tenant to comply with notice to abate nuisance arising out of growth of weeds or accumulation of litter. § 11-141. Reserved.

DIVISION 3. ABATEMENT OF NUISANCES EXCEPT THOSE ARISING FROM THE GROWTH OF WEEDS OR ACCUMULATION OF LITTER § 11-141.1. Notice to abate nuisances except those arising form the growth of weeds or accumulation of litter. § 11-141.2. Failure to comply with notice to abate. §§ 11-142—11-150. Reserved.

ARTICLE X. DETECTIVE AGENCIES § 11-151. Definitions. § 11-152. Business license required. § 11-153. Permit required. § 11-154. Same—Application. § 11-155. Application fee.

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§ 11-1 OFFENSES § 11-1.3

§ 11-156. Investigation of application; public hearing before city council, grant or denial of permit. § 11-157. Revocation of permit. § 11-158. Misrepresentation in applications. § 11-159. Comprehensive general liability policy. § 11-160. Duties of permittee. § 11-161. Penalty for violation. § 11-162—11-169. Reserved.

ARTICLE XI. USE OF TOBACCO IN CITY BUILDINGS, VEHICLES AND PARKS § 11-170. Use of tobacco in city buildings and vehicles. § 11-171. Use of tobacco in city parks. § 11-172. Penalty.

ARTICLE I. IN GENERAL

§ 11-1. State misdemeanors; offense against city.

Any person or corporation committing an offense within the corporate limits of the City of Fayette, Alabama, or within the police jurisdiction thereof, which is declared by law or laws of the State of Alabama now existing or hereafter enacted to be a misdemeanor, shall be guilty of an offense against the City of Fayette, Alabama. (Ord. No. 1983-5, § 1, 10-1-83; Ord. No. 2003-1, § 1, 1-23-03)

§ 11-1.1. State violations; an offense against city.

Any person or corporation committing an offense within the corporate limits of the City of Fayette, Alabama, or within the police jurisdiction thereof, which is declared by a law or laws of the State of Alabama now existing or hereafter enacted to be a violation, shall be guilty of an offense against the City of Fayette, Alabama. (Ord. No. 1983-5, § 2, 10-1-83; Ord. No. 2003-1, § 2, 1-23-03)

§ 11-1.2. Offenses as defined by state criminal code; offense against city.

Any person or corporation committing within the corporate limits of the City of Fayette, Alabama, or within the police jurisdiction thereof, an offense as defined by section 13A-1-2 of the Alabama Criminal Code, which offense is not declared by a law or laws of the State of Alabama now existing or hereafter enacted to be a felony, misdemeanor or violation, shall be guilty of an offense against the City of Fayette, Alabama. (Ord. No. 1983-5, § 3, 10-1-83; Ord. No. 2003-1, § 3, 1-23-03)

§ 11-1.3. Penalty for violation.

Any person found to be in violation of section 11-1, 11-1.1, or 11-1.2 of the Code of Ordinances of the City of Fayette shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) and/or may be imprisoned or

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§ 11-1.3 OFFENSES § 11-4

sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the Court trying the case, unless otherwise provided by section 11-1.4 of this article. Any corporation found to be in violation of section 11-1, 11-1.1, or 11-1.2 of this article shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), at the discretion of the court trying the case. (Ord. No. 1983-5, § 4, 10-1-83; Ord. No. 2003-1, § 4, 1-23-03)

§ 11-1.4. Penalty for violation; other.

Any person found to be in violation of this article for the commission of an offense as defined in § 32-5A-191, Code of Alabama, 1975, as amended, shall, upon conviction, be punished in accordance with the provisions of that statute, provided, however, that no fine shall exceed five thousand dollars ($5,000.00) and no sentence of imprisonment or hard labor shall exceed one (1) year. (Ord. No. 2003-1, § 5, 1-23-03)

§ 11-2. Violation of ordinances; penalties.

Any person, firm or corporation committing an offense within the corporate limits of the City of Fayette, Alabama, or within the police jurisdiction thereof, which is in violation of an ordinance of the City of Fayette, Alabama, now existing or hereafter enacted, which is not also a state misdemeanor, violation or offense, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). In addition to thereto, any person so convicted, may be imprisoned or sentenced to hard labor for the City of Fayette, Alabama, for a period not exceeding six (6) months, at the discretion of the court trying the case. (Ord. of 12-27-77; Ord. No. 2003-1, § 6, 1-23-03) State law reference—Code of Alabama, § 15-8-2

§ 11-3. Police jurisdiction defined.

The police jurisdiction of the city shall extend to all adjoining territory within one and

one-half (11/2) miles of the corporate limits of the city. All laws and ordinances of the city, enforcing police or sanitary regulations and prescribing fines and penalties therefor, shall have full force and effect within the corporate limits of the city and within the limits of the said police jurisdiction thereof and on any property or rights-of-way belonging to the city. (Ord. No. 2003-1, § 7, 1-23-03)

§ 11-4. Failure of defendant to appear in court.

It shall be unlawful for any person charged with a violation of any ordinance of the city, who has been given a ticket, summons, citation or other notice to appear in municipal court, to fail to appear in court at the time and place set forth on the notice, citation, ticket, bond or summons and any violator shall be guilty of a misdemeanor and punished in accordance with section 11-2. (Ord. No. 2009-01, § 1, 2-24-09)

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§ 11-6 OFFENSES § 11-12

§ 11-5. Reserved. Editor’s note—Ord. No. 2003-01, § 8, adopted Jan. 23, 2003, repealed § 11-5, which pertained to penalties for persons conspiring to commit a misdemeanor and derived from the Code of 1919, § 430.

§§ 11-6—11-8. Reserved.

Editor’s note—Section 3 of Ord. No. 1998-04, adopted April 6, 1998, repealed §§ 11-6—11-8 which pertained to public nuisances in general, penalties therefor, and keeping or slaughtering animals improperly, and derived from an ordinance adopted April 6, 1967, §§ 1, 2, and 2a.

§ 11-9. Disposing of dead animals improperly; a nuisance.

Within the City of Fayette, Alabama, or its police jurisdiction, all owners or custodians of animals which die or are killed in their possession or custody, other than as such as are slaughtered for food, within twenty-four (24) hours, shall cause the bodies of such animals to be removed from the city or its police jurisdiction and then be buried below the surface of the ground, or otherwise disposed of, but in no case shall such animals be burned or buried within the city or its police jurisdiction, sufficiently near a residence or residences as to create a nuisance. (Ord. of 4-6-97, § 2b)

§§ 11-10—11-12. Reserved. Editor’s note—Section 3 of Ord. No. 1998-04, adopted April 6, 1998, repealed §§ 11-10— 11-12 which pertained to improper use of airplanes spraying poisons and chemicals, burning vehicles and parts, and right of city to abate a nuisance; and derived from an ordinance adopted April 6, 1967, §§ 2c, 2d, and 3.

§ 11-13. Reserved. Editor’s note—Ord. No. 2003-01, § 9, adopted Jan. 23, 2003, repealed § 11-13, which pertained to the prohibition of assault and battery and derived from the Code of 1919, § 404.

§ 11-14. Reserved. Editor’s note—Ord. No. 2003-01, § 10, adopted Jan. 23, 2003, repealed § 11-14, which pertained to the prohibition of affrays and derived from the Code of 1919, § 400.

§ 11-15. Reserved. Editor’s note—Ord. No. 2003-01, § 11, adopted Jan. 23, 2003, repealed § 11-15, which pertained to trespassing and derived from the Code of 1919, § 408.

§ 11-16. Reserved. Editor’s note—Ord. No. 2003-01, § 12, adopted Jan. 23, 2003, repealed § 11-16, which pertained to loitering and derived from § 61 of an ordinance adopted April 6, 1927.

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§ 11-19 OFFENSES § 11-23

§ 11-17. Reserved. Editor’s note—Ord. No. 2003-01, § 13, adopted Jan. 23, 2003, repealed § 11-17, which pertained to loitering at night and derived from the Code of 1919, § 409.

§ 11-18. Reserved.

Editor’s note—Ord. No. 2003-01, § 14, adopted Jan. 23, 2003, repealed § 11-18, which pertained to aiding the escape of prisoners and derived from the Code of 1919, § 403.

§ 11-19. Reserved.

Editor’s note—Ord. No. 2003-01, § 15, adopted Jan. 23, 2003, repealed § 11-19, which pertained to aiding the escape of convicts and derived from the Code of 1919, § 404.

§ 11-20. Reserved.

Editor’s note—Ord. No. 2003-01, § 16, adopted Jan. 23, 2003, repealed § 11-20, which pertained to the penalty for escaped prisoners and derived from the Code of 1919, § 405.

§ 11-21. Reserved. Editor’s note—Ord. No. 2003-01, § 17, adopted Jan. 23, 2003, repealed § 11-21, which pertained to defamation and derived from the Code of 1919, § 427.

§ 11-22. Disturbing assemblies or women in public place prohibited; penalty.

Any person who willfully disturbs any school or other assemblage of people met for any lawful purpose, or for amusement or recreation, or who disturbs any woman at any public place within the city must, on conviction, be fined not less than ten dollars ($10.00) no more than five hundred dollars ($500.00), and may also be imprisoned in the city prison or sentenced to hard labor on the streets for the city for not more than thirty (30) days. (Code of Fayette, 1919, § 429) State law reference—Code of Alabama, §§ 13-6-101, 13-6-103

§ 11-23. Disturbing religious worship—prohibited; penalty.

Any person who willfully interrupts or disturbs any assemblage of people met for religious worship by noise, profane discourse, rude or indecent behavior or any other act must, on conviction, be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), and may also be imprisoned in the city prison or sentenced to hard labor for the city for not more than thirty (30) days. (Code of Fayette, 1919, § 428) State law reference—Code of Alabama, § 13-6-102

§ 11-24. Reserved. Editor’s note—Ord. No. 2003-01, § 18, adopted Jan. 23, 2003, repealed § 11-24, which pertained to violations on Sundays and derived from the Code of 1919, § 398.

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§ 11-25 OFFENSES § 11-27

§ 11-25. Sound amplifiers—regulations; exceptions. Within that portion of the City of Fayette, Alabama, bounded on the south by the north right-of-way line of the Southern Railway, on the west by the east edge of Peyton Street, on the north by the south edge of Luxapalila Street, on the east by the west edge of Caine or Foreacre Street, it shall be unlawful for any person or persons, firms or corporations to make use of an electrical or mechanical device for the purpose of amplifying the human voice, or for the purpose of amplifying the sound produced by musical instruments, whether direct or through the use of recordings. There is exempted from the operation of this section, upon compliance with provisions hereinafter set forth, all ministers of the various established churches within the City of Fayette, Alabama, who wish to make announcements of various church activities by the use of loud speakers affixed to an automobile and which said announcements are to be made from a moving automobile. Any such minister wishing to make announcements of his various church activities shall first obtain from the mayor of the City of Fayette, a permit authorizing him to use the streets within the area above defined for such purpose. There is also exempt from the operation of this section all candidates for state offices who wish to use amplifying devices within the area defined above. Candidates for state offices need to obtain a permit from the mayor also before using such devices. (Ord. of 6-7-65, § 1)

§ 11-26. Same—Prohibited use; exceptions. In all other areas or portions of the city, not specifically described in the next preceding section, it shall be unlawful for any person, persons, firms or corporations to maintain or operate any loudspeaker or other device by which sounds are magnified and made heard over any public street or public place within the city limits without first obtaining a permit from the mayor authorizing the use thereof, and no person, persons, firm or corporation shall use, operate or employ any such device within a radius of two (2) blocks from any hospital or within a radius of two (2) blocks from any church while services are being held there. This section shall not apply to radios in homes or in private pleasure vehicles, when the same are operated in such manner as not to be audible at a distance of fifty (50) feet from such vehicle, nor to noise devices, bands or other musical devices used in any public parade or procession which is operated under a permit in accordance with the ordinance of the city. The exemptions cited in the next preceding section shall also be exempted from the provisions herein. (Ord. of 6-7-65, § 2; Ord. No. 1996-04, § 1, 6-3-96)

§ 11-27. Same—Penalty for violation. Any person, firm or corporation violating any of the provisions of the next two (2) preceding sections, shall be fined not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), to which may be added, in the discretion of the court trying the case, confinement in the city jail or to hard labor for the city for a period not exceeding six (6) months. (Ord. of 6-7-65, § 4)

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§ 11-28 OFFENSES § 11-33

§ 11-28. City cemetery—Prohibited burial area.

It shall be unlawful for burial to be made east of the present Fayette-Vernon Highway and west of a line drawn north and south so as to touch the western edge of lots on the western edge of the present city cemetery and heretofore conveyed and used for burial purposes. (Ord. of 3-5-50, § 1)

§ 11-29. Same—Areas not affected.

The next preceding section shall not be construed as affecting lands to the south of lands now used for the said cemetery, nor as affecting lands to the north and east of lands presently used for said city cemetery. (Ord. of 3-5-50, § 2)

§ 11-30. Same—Penalty for violation.

Any person, violating any of the provisions of section 11-28 by burying a dead body or dead bodies within the area hereby prohibited, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than two hundred ($200.00) dollars, and may be imprisoned at hard labor for the city for not more than six (6) months, one or both, in the discretion of the court trying the case. (Ord. of Mar. 6, 1950, § 3.)

§ 11-31 Billiard or Pool Room - Conditions for Operating

No person, firm or corporation shall operate, maintain or manage a billiard or pool room, open to visitation and playing by the public, unless the same be operated in a building equipped with a clear glass or other transparent front which will afford a clear view of the entire billiard or pool room, such view to be unobstructed by partitions, curtains or otherwise, nor shall such billiard or pool room be operated except on street level, and no such room shall be operated in a basement or above the street level. (Ord. of Jan. 5, 1948, § 1.)

§ 11-32 Soliciting Donations - Permit Required

It shall be unlawful for any person, firm, corporation, society or association to solicit the gratuitous donation or money or other thing of value in or upon any street, avenue, alley, park or other public place within the City of Fayette, Alabama, unless a permit therefor be first obtained from the mayor of the City of Fayette, Alabama. (Ord. of May 15, 1939, § 1.)

§ 11-33 Soliciting Donations - Conditions for Granting of Permit

No permit required by the next preceding section shall issue unless the entire proceeds of the donations mentioned therein are to be used for some public, charitable, educational,

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§ 11-33 OFFENSES § 11-38

religious or other similar purpose, and the character and fitness of the applicant for such permit is such as to insure the devotion of the entirety of such proceeds, without deduction of commissions, wages or fees, to the purpose for which the same are permitted to be raised. (Ord. of May 15, 1939, § 2.)

§ 11-34 Soliciting Donations - Information Needed Before Granting Permit

Before issuing any such permit, the mayor may require a written application, signed and sworn to by the applicant, setting forth the name and address of the officers and directors of the applicant, if such applicant be other than an individual, the names and addresses of the officers and directors of the organization for which the solicitation of funds is to be made, the purpose for which said funds are to be raised, the time for which a permit is desired, whether any commissions, fees, wages or other compensation is to be expended in connection with such solicitation and such other additional information as may be reasonably necessary to enable the mayor to judge of the propriety of issuing such permit. (Ord. of May 15, 1939, § 3.)

§ 11-35 Penalty for Violation

Any person, firm, corporation or partnership, violating any of the provisions of section 11-45 above, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than five ($5.00) dollars nor more than two hundred ($200.00) dollars for each such offense. (Ord. of May 15, 1939, § 4.)

§ 11-36 Soliciting from Persons in Vehicles in Transit - Prohibited

It shall be unlawful and an offense against the City of Fayette for any person to solicit business or charitable contributions from operators or passengers in vehicles which are in transit on any public way in the City of Fayette. (Ord. of Sept. 15, 1975, § 1.)

§ 11-37 Penalty for Violation

Any person found guilty of violating any of the provisions of the next preceding section, shall be fined in an amount not exceeding the sum of two hundred ($200.00) dollars, and may also be sentenced to hard labor for the city or to imprisonment in the city jail for a period not exceeding six (6) months, one or both, in the discretion of the court trying the case. (Ord. of Sept. 15, 1975, § 2.)

§ 11-38. Obstructing streets unlawful; penalty.

Any person, who in any manner willfully obstructs any street or sidewalk of the city, or willfully does any act in any way interfering with the free use of any street or sidewalk of the city, must, on conviction, be fined not less than one dollar ($1.00), and not more than fifty dollars ($50.00). (Code 1919, § 391)

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§ 11-39 OFFENSES § 11-40.1

§ 11-39. Riding, driving on sidewalks, gutters, sewers prohibited; penalty.

Any person who willfully or wantonly rides or drives upon any sidewalk, gutter or sewer within the corporate limits of the City of Fayette, Alabama, must, on conviction, be punished by a fine not exceeding five hundred dollars ($500.00), and may also be imprisoned in the city prison or sentenced to hard labor upon the streets of the City of Fayette, Alabama, for not more than six (6) months; and in the event the fine and costs are not presently paid, the city shall require the offender, or person thus in default, to work out the fine and costs under the direction of the city authorities. (Code 1919, § 392)

§ 11-39.1. Cutting across or driving through private property to avoid traffic control device prohibited.

It shall be unlawful for any person to operate a vehicle upon any private premises for the purpose of avoiding a traffic-control device or for the purpose of using the private premises solely as a route of travel from one roadway to another. (Ord. No. 1997-04, § 1, 5-5-97)

§ 11-40. Riding on sidewalks prohibited; penalty.

Any person who rides any bicycle, motorcycle, scooter, skateboard, skates or like vehicle or apparatus, except handicapped persons and children under the age of ten (10) years, upon or across any sidewalk, except at public crossings, within the following described boundaries of the city, viz:

That area of the city bounded on the South by the Southern Railway right-of-way; on the North by 5th Street, NE and NW (Walker Street); on the East by 2nd Avenue, NE and SE (Aylette Street); and, on the West by 2nd Avenue, NW and SW (Winston Street)

shall be guilty of a misdemeanor. (Code 1919, § 394; Ord. No. 1990-7, § 1, 10-1-90; Ord. No. 1996-02, § 1, 3-18-96)

§ 11-40.1. Bicycle and scooter operation.

(a) Bicycle and scooter operation; when unlawful. It is unlawful for any person to use a bicycle or scooter on a public roadway, sidewalks, other public rights-of-way, state, city, or county public park under any one of the following conditions:

(1) For any person under the age of sixteen (16) years to operate or be a passenger on a bicycle or scooter unless at all times the person wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.

(2) For any person to operate a bicycle or scooter with a passenger who weighs less than forty (40) pounds or is less than forty (40) inches in height unless the passenger is properly seated in and adequately secured in a restraining seat.

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§ 11-40.1 OFFENSES § 11-42

(3) For any parent or legal guardian of a person under the age of sixteen (16) years to knowingly permit the person to operate or be a passenger on a bicycle or scooter in violation of subdivision (1) or (2)

(b) Violations. Violations of subsection (a) shall be handled in the following manner:

(1) On the first offense, the police officer shall counsel and provide written information to the child relative to bicycle or scooter helmet safety. The officer shall instruct the child to deliver the written information to the parent.

(2) On the second offense, the police officer shall counsel the child and provide written information on bicycle or scooter helmet safety. A warning citation shall be issued to the child to give to the parent. The citation shall instruct the parent or guardian to contact the police department for further information about the law and where to obtain a bicycle or scooter helmet.

(3) On the third offense, the police officer shall counsel the child, confiscate the bicycle or scooter, and take the child to his or her residence. The officer shall then return the bicycle or scooter and give a warning ticket to the parent or guardian. If the parent or guardian is unavailable, the ticket shall be left at the residence with instructions to the parent or guardian to pick up the bicycle or scooter at the police department.

(4) On the fourth offense, the police officer shall confiscate the bicycle or scooter, take the child to his or her residence, whereupon a citation for fifty dollars ($50.00) will be issued to the parent or guardian to pick up the bicycle or scooter at the police department. (Ord. No. 2001-06, §§ 1, 2, 3-15-01)

§ 11-41. Obstructing crossings unlawful; penalty.

Any person, firm or corporation, who obstructs the free passage of any street or crossing in the city, with any animal, vehicle or otherwise, and shall not immediately remove such obstruction on the request of any person wishing to use such crossing, must, on conviction, be fined not less than one dollar ($1.00), and not more than twenty-five dollars ($25.00) dollars. (Code 1919, § 396)

§ 11-42. Standing trains on sidewalk—prohibited; penalty.

Any person, firm or corporation running or operating a railroad, trains or engines within the corporate limits of the city who permits any such train or engine or railroad car or any part of such train, engine or railroad car to stand on or across any street, sidewalk or public crossing in the city, so as to prevent the usual travel of the public over or across such street, sidewalk or public crossing, shall be fined not less than one dollar ($1.00) and not more than twenty-five dollars ($25.00). (Code of Fayette, 1919, § 397)

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§ 11-49 OFFENSES § 11-51

ARTICLE II. MISDEMEANORS INVOLVING PRIVATE, PERSONAL AND PUBLIC PROPERTY

§ 11-43. Reserved. Editor’s note—Ord. No. 2003-01, § 19, adopted Jan. 23, 2003, repealed § 11-43, which pertained to breaking or destroying fences and derived from the Code of 1919, § 440.

§ 11-44. Reserved. Editor’s note—Ord. No. 2003-01, § 20, adopted Jan. 23, 2003, repealed § 11-44, which pertained to damaging or destroying telegraph or telephone lines and derived from the Code of 1919, § 438.

§ 11-45. Reserved. Editor’s note—Ord. No. 2003-01, § 21, adopted Jan. 23, 2003, repealed § 11-45, which pertained to injuries to the property of others and derived from the Code of 1919, § 387.

§ 11-46. Reserved. Editor’s note—Ord. No. 2003-01, § 22, adopted Jan. 23, 2003, repealed § 11-46, which pertained to taking possession of another's property and derived from the Code of 1919, § 406.

§ 11-47. Reserved. Editor’s note—Ord. No. 2003-01, § 23, adopted Jan. 23, 2003, repealed § 11-47, which pertained to destroying the property of others and derived from the Code of 1919, § 389.

§ 11-48. Reserved. Editor’s note—Ord. No. 2003-01, § 24, adopted Jan. 23, 2003, repealed § 11-48, which pertained to defacing public or private buildings and derived from the Code of 1919, § 388.

§ 11-49. Reserved.

Editor’s note—Ord. No. 2003-01, § 25, adopted Jan. 23, 2003, repealed § 11-49, which pertained to removing personal property with intent to defraud another and derived from the Code of 1919, § 411.

§ 11-50. Reserved.

Editor’s note—Ord. No. 2003-01, § 26, adopted Jan. 23, 2003, repealed § 11-50, which pertained to removing property on which lien exists and derived from the Code of 1919, § 410.

§ 11-51. Injuring or removing property on which city has lien unlawful; penalty.

Any person, who removes, injures or destroys any real estate or personal property upon which the city has a lien for unpaid taxes, with the intent to injure or defraud the city after being notified of such lien, must, on conviction, be fined not less than five dollars ($5.00), and not more than two hundred dollars ($200.00). (Code of Fayette, 1919, § 412)

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§ 11-52 OFFENSES § 11-59

§ 11-52. Failure to return property of library—a misdemeanor.

It shall be unlawful for any person to willfully detain or fail to return any book, periodical or any property of the Fayette County Memorial Library for thirty (30) days after notice is given to return the same, and any violator shall be guilty of a misdemeanor. (Ord. of 11-15-71, § 1)

§ 11-53. Penalty for violation.

Any person, violating any of the provisions of the next preceding section shall, upon conviction, be fined not less than one dollar ($1.00) nor more than two hundred dollars ($200.00) or may be sentenced to the city jail of the City of Fayette for a term not exceeding thirty (30) days, either or both, at the discretion of the recorder. (Ord. of 11-15-71, § 2)

§ 11-54. Reserved. Editor’s note—Ord. No. 2003-01, § 27, adopted Jan. 23, 2003, repealed § 11-54, which pertained to bringing stolen property into the city and derived from the Code of Fayette, § 418.

§ 11-55. Reserved. Editor’s note—Ord. No. 2003-01, § 28, adopted Jan. 23, 2003, repealed § 11-55, which pertained to buying or concealing stolen property and derived from the Code of Fayette, 1919, § 419.

ARTICLE III. RESERVED

§ 11-56. Reserved. Editor’s note—Ord. No. 2003-01, § 29, adopted Jan. 23, 2003, repealed § 11-56, which pertained to the definition of disorderly conduct and derived from the Code of Fayette, § 418.

§ 11-57. Reserved. Editor’s note—Ord. No. 2003-01, § 30, adopted Jan. 23, 2003, repealed § 11-57, which pertained to the use of obscene, abusive or profane language and derived from the Code of Fayette, § 399.

§ 11-58. Reserved. Editor’s note—Ord. No. 2003-01, § 31, adopted Jan. 23, 2003, repealed § 11-58, which pertained to disorderly houses and derived from § 1 of an ordinance adopted Oct. 18, 1937.

§ 11-59. Reserved. Editor’s note—Ord. No. 2003-01, § 32, adopted Jan. 23, 2003, repealed § 11-59, which pertained to public drunkenness and derived from § 1 of an ordinance adopted Oct. 18, 1937.

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ARTICLE IV - EXPLOSIVES, FIREARMS AND FIREWORKS

§ 11-60 Explosives - Definitions

Whenever used in the sections hereinafter, unless contrary intention is clearly evident, the following terms shall be interpreted as herein defined:

a. Explosive - Shall mean and include any chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such propor- tions, quantities or packing, that an ignition by fire, friction, concussion, percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limbs.

b. Highway - Shall mean any alley, street, highway or any public way within the City of Fayette, Alabama, and its police jurisdiction.

c. Magazine - Shall mean any building or structure used for the storage of explosives.

d. Small Arms Ammunition - Shall mean any shotgun, rifle, pistol or revolver cartridges. (Ord. of May 16, 1955, § 1.)

§ 11-61 Explosives - Storage

All explosives, except small arms ammunition, shall be kept stored in a magazine complying with the requirements of this regulation; provided, that such explosives may be transported or used as permitted by this regulation.

a. Regulations: 1. Blasting caps or detonators of any kind shall not be kept in the same magazine with other explosives.

2. All magazines shall be kept locked except when being inspected or when explosives are being placed therein or being removed therefrom.

3. All magazines shall be kept clean, dry and free of grit, paper, empty packages and rubbish.

4. No fire or open flame of any kind shall be permitted within twenty-five (25) feet of a magazine containing explosives.

5. Smoking shall not be permitted in or in the vicinity of a magazine.

6. Magazines shall not be provided with artificial heat or light, except that portable electric safety battery lamps may be used for lighting.

7. The area for a distance of twenty-five (25) feet around a magazine shall be kept free of brush, grass, rubbish and other combustible materials.

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§ 11-61 OFFENSES § 11-61

b. Classes of magazines:

1. Class A magazines shall be for the storage of explosives when quantities are in excess of fifty (50) pounds.

2. Class A magazines shall be located at distances from neighboring buildings. highways and railways in conformity with the "American Table of Distances for Storage of Explosives" herein.

3. Class A magazines shall be constructed of brick, concrete, iron or wood with the exterior of the walls covered with iron, or of other approved construction. They shall be constructed to provide resistance against bullets, and shall have no openings except for ventilation and entrances. Ventilation openings shall be screened to prevent entrance of sparks.

4. Property upon which Class A magazines are located shall be posted with signs reading "Explosives-Keep Off." Such signs shall be located so that if any one shoots at the sign the bullet will not travel in the direction of the magazine.

5. Class B magazines shall be for the storage of explosives in quantities of fifty (50) pounds or less.

6. Class B magazines shall be located at distances from neighboring buildings, highways and railways in conformity with the "American Table of Distances for Storage of Explosives" herein.

7. Class B magazines when within any building shall be located not more than ten (10) feet from and on the same floor with the entrance of the floor nearest the street level. Two Class B magazines may be located on the same premises when one is used only for the storage of blasting caps in quantity not in excess of five thousand (5,000) caps.

8. Class B magazines shall be constructed of two (2) inch tongue and grooved hardwood covered on the outside with twenty (20) U. S. Standard gauge sheet iron. They shall be mounted on wheels and shall be painted vermillion and shall be conspicuously marked "Explosives" in white letters at least three (3) inches in height on all sides and top.

9. Portable magazines—when explosives in excess of immediate requirements are removed from a magazine and delivered in the vicinity of a blasting operation, they shall be kept in a portable magazine consisting of either a stout tight box covered with not less than twenty-four (24) gauge sheet iron and equipped with a hinged lid or in a small portable building similarly covered. Such portable magazine shall be painted red and conspicuously marked "Explosives-Danger- ous" in white block letters not less than three (3) inches in height. (Ord. of May 16, 1955, § 2; for state law regarding storage of explosives, see: Code of Alabama, tit. 14, § 391.)

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§ 11-62 OFFENSES § 11-63

§ 11-62 Deteriorating Explosives

When any explosive has deteriorated to such an extent that it is in an unstable or dangerous condition, or if nitroglycerine leaks from any explosive, then the person in possession of such explosive shall immediately cause same to be removed and destroyed in accordance with the instructions of the manufacturer of the explosive. (Ord. of May 16, 1955, § 3.)

§ 11-63 Explosive - Distances for Storage

AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES DISTANCE IN FEET EXPLOSIVES WHEN STORAGE IS BARRICADED SEPARA- FROM TION FROM PASSEN- FROM OF POUNDS POUNDS INHABITED GER PUBLIC MAGA- OVER NOT OVER BUILDINGS RAILWAYS HIGHWAYS ZINES

2 5 70 30 30 6 5 10 90 35 35 8 10 20 110 45 45 10 20 30 125 50 50 11 30 40 140 55 55 12 40 50 150 60 60 14 50 75 170 70 70 15 75 100 180 75 75 16 100 125 200 80 80 18 125 150 215 85 85 19 150 200 235 95 95 21 200 250 255 105 105 23 250 300 270 110 110 24 300 400 295 120 120 27 400 500 320 130 130 29 500 600 340 135 135 31 600 700 355 145 145 32 700 800 375 150 150 33 800 900 390 155 155 35 900 1,000 400 160 160 36 1,000 1,200 425 170 165 39 1,200 1,400 450 180 170 41 1,400 1,600 470 190 175 43 1,600 1,800 490 195 180 44 1,800 2,000 505 205 185 45

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§ 11-63 OFFENSES § 11-63

AMERICAN TABLE OF DISTANCES FOR STORAGE OF EXPLOSIVES DISTANCE IN FEET EXPLOSIVES WHEN STORAGE IS BARRICADED SEPARA- FROM TION FROM PASSEN- FROM OF POUNDS POUNDS INHABITED GER PUBLIC MAGA- OVER NOT OVER BUILDINGS RAILWAYS HIGHWAYS ZINES

2,000 2,500 545 220 190 49 2,500 3,000 580 235 195 52 3,000 4,000 635 255 210 58 4,000 5,000 685 275 225 61 5,000 6,000 730 295 235 65 6,000 7,000 770 310 245 68 7,000 8,000 880 320 250 72 9,000 10,000 865 345 260 78 10,000 12,000 875 370 270 82 12,000 14,000 885 390 275 87 14,000 16,000 900 405 280 90 16,000 18,000 940 420 285 94 18,000 20,000 975 435 290 98 20,000 25,000 1,055 470 315 105 25,000 30,000 1,130 500 340 112 30,000 35,000 1,205 525 360 119 35,000 40,000 1,275 550 380 124 40,000 45,000 1,340 570 400 129 45,000 50,000 1,400 590 420 135

Note 1: Each one thousand (1,000) blasting caps shall be considered equivalent to one and one-half (1.5) pounds of explosives. Note 2: Barricaded means that a building containing explosives is effectually screened from a magazine, building, railway or highway, either by a natural barricade, or by an artificial barricade of such height that a straight line from the top of any sidewall of the building

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§ 11-63 OFFENSES § 11-64

containing explosives to the eave line of any magazine, or building or to a point twelve (12) feet above the center of a railway or highway, will pass through such intervening natural or artificial barricade. Note 3: Artificial barricade means an artificial mound or revetted wall of earth of a minimum thickness of three (3) feet. Note 4: Natural barricade means natural features of the ground, such as hills or timber of sufficient density that the surrounding exposures which require protection cannot be seen from the magazine when the trees are bare of leaves. Note 5: When a building containing explosives is not barricaded, the distances shown in the Table herein shall be doubled. Note 6. Inhabited building means a building regularly occupied in whole or in part as a habitation for human beings, or any church, schoolhouse, railroad station, store or other structure where people are accustomed to assemble, except any building or structure occupied in connection with the manufacture, transportation, storage or use of explosives. Note 7. When two (2) or more storage magazines are located on the same property, each magazine must comply with the minimum distances specified from inhabited buildings, railways and highways and, in addition, they should be separated from each other by not less than the distances shown for "Separation of Magazines," except that the quantity of explosives contained in cap magazines shall govern in regard to the spacing of said cap magazines from magazines containing other explosives. If any two (2) or more magazines are separated from each other by less than the specified "Separation of Magazines" distances, then such two (2) or more magazines, as a group, must be considered as one (1) magazine, and the total quantity of explosives stored in such group must be treated as if stored in a single magazine located on the site of any magazine or the group, and must comply with the minimum distances specified from other magazines, inhabited buildings, railways and highways. Note 8: This Table hereby applies only to the permanent storage of commercial explosives. It is not applicable to transportation of explosives, or any handling or temporary storage necessary or incident thereto. It is not intended to apply to bombs, projectiles or other heavily encased explosives. (Ord. of May 16, 1955, § 4.)

§ 11-64 Transportation of Explosives; Exceptions

a. Blasting caps or detonators shall not be transported over the highways on the same vehicles with explosives.

b. Vehicles, used for the transportation of explosives, shall be strong enough to carry the load without difficulty, and shall be in good mechanical condition. If said vehicles do not have a closed body, the body shall be covered with a tarpaulin or other effective protection against moisture and sparks. Such vehicles shall have tight floors and shall have a lining of wood or other non-sparking material which shall cover any projections or metal which might come into contact with packages of explosives.

c. Every vehicle while carrying explosives shall have painted on both sides and rear, in letters at least four (4) inches high, in contrasting colors, the word "EXPLOSIVES" or in lieu thereof shall display, in such manner that it will be visible from all directions, a red flag with the word "EXPLOSIVES" printed, stamped or sewed thereon in white letters at least six (6) inches high.

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§ 11-64 OFFENSES § 11-64

d. Every vehicle, when used for transporting explosives over highways within the City of Fayette, Alabama, and its police jurisdiction, shall be equipped with not less than two (2) approved types of fire extinguishers, suitable for use on flammable liquid fires, filled and ready for immediate use, and located near the driver's seat.

e. It shall be the duty of the person in charge of vehicles transporting explosives over the highways within the City of Fayette, Alabama, and its police jurisdiction, to daily inspect those vehicles employed by him to determine that:

1. Fire extinguishers are filled and in work-order;

2. Electric wiring is completely insulated and firmly secured;

3. Chassis, motor, body and all other parts of vehicles are clean and free from surplus oil and grease;

4. Gasoline tank and piping are secure and without leaks;

5. Brakes and steering equipment are in good condition; and

6. The vehicle is in proper condition for handling explosives.

f. Vehicles transporting explosives shall only be driven by and be in charge of a driver who is careful, capable, reliable and not addicted to the use of or under the influence of intoxicants or narcotics. He shall be familiar with the traffic regulations, state laws and the provisions of the fire marshal's regulations governing the transportation of explosives, and the provisions of this section pertaining to the transportation of explosives.

g. No explosives shall be transported in any form of pole-type trailer, nor shall any trailer be attached to a vehicle hauling explosives.

h. No metal, metal tools, oils, matches, firearms, electric storage batteries, flammable substances, acids, oxidizing or corrosive compounds shall be carried in the bed or body of any vehicle transporting explosives.

i. Vehicles containing explosives shall never be taken into a garage or other repair shop for repairs or storage.

j. Transporting explosives when possible shall be done only during daylight hours.

k. Unauthorized persons, or passengers, shall not ride on a vehicle transporting explosives.

l. Vehicles transporting explosives shall not be left unattended, at any time, except while making actual deliveries. In making deliveries, explosives shall not be left unless they are placed in a magazine or in charge of some competent person authorized to accept them.

m. Vehicles transporting explosives and traveling in the same direction shall not be driven nearer than three hundred (300) feet of each other.

n. Explosives shall not be transported through any completed vehicular tunnel or subway.

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§ 11-64 OFFENSES § 11-67

o. When explosives are loaded or unloaded, the packages containing the explosives shall not be thrown or dropped but shall be carefully deposited and stored in such a manner as to prevent any displacement of the packages.

p. Nothing in the sections hereintofor shall be construed as applying to:

1. The regular military or naval forces of the United States, the duly authorized militia of this state, or to the police and fire departments in the proper performance of their duty.

2. Signal rockets or devices or compositions used to obtain visible or audible pyrotechnic effects, which are covered in Act No. 110, General Acts of the 1949 Alabama Legislature.

3. The laboratories of schools, colleges and similar institutions when confined to the purpose of instruction or research, or explosives in the forms prescribed by the official United States Pharmacopeia.

4. The hand loading of small arms ammunition for private personal use and not for resale. For this purpose, not more than ten (10) pounds of smokeless powder and one thousand (1,000) small arms primers packed in approved I.C.C. containers shall be permitted to be kept on hand when acceptable to the police authorities. (Ord. of May 16, 1955, § 5)

§ 11-65. Penalty for violation.

Any person, violating the sections hereinabove, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00), and may also be imprisoned in the municipal jail or sentenced to hard labor for the city for a period not exceeding six (6) months, one or both. (Ord. of May 16, 1955, § 6)

§ 11-66. Discharging firearms off one's premises—unlawful.

It shall be unlawful for any person to discharge air rifles or firearms of any nature or description off his or her own premises within the corporate limits of the City of Fayette, Alabama. (Ord. of 6-19-61, § 1) State law reference—Code of Alabama, § 13-6-164

§ 11-67. Discharging firearms in city—unlawful.

It shall be unlawful for any person to discharge, within the corporate limits of the City of Fayette, an air rifle or firearm of any nature or description across the lands of another or across a public street, road or alley. (Ord. of 6-19-61, § 2)

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§ 11-68 OFFENSES § 11-75

§ 11-68. Penalty for violation.

Any person violating the next preceding section shall be guilty of a misdemeanor. (Ord. of 6-19-61, § 3; Ord. No. 2003-1, § 33, 1-23-03)

§ 11-69. Reserved. Editor’s note—Ord. No. 2003-01, § 34, adopted Jan. 23, 2003, repealed § 11-69, which pertained to shooting or throwing missiles at others' houses and derived from the Code of Fayette, 1919, § 421.

§ 11-70. Reserved. Editor’s note—Ord. No. 2003-01, § 35, adopted Jan. 23, 2003, repealed § 11-70, which pertained to carrying concealed pistols and derived from the Code of Fayette, 1919, § 200.

§ 11-71. Reserved. Editor’s note—Ord. No. 2003-01, § 36, adopted Jan. 23, 2003, repealed § 11-71, which pertained to carrying pistols onto others' premises and derived from the Code of Fayette, 1919, § 201.

§ 11-72. Reserved. Editor’s note—Ord. No. 2003-01, § 37, adopted Jan. 23, 2003, repealed § 11-72, which pertained to penalties for violations of the two preceding sections and derived from the Code of Fayette, 1919, § 202.

§ 11-73. Reserved. Editor’s note—Ord. No. 2003-01, § 38, adopted Jan. 23, 2003, repealed § 11-73, which pertained to carrying concealed weapons and derived from § 1 of an ordinance adopted May 28, 1928.

§ 11-74. Sale of fireworks—Prohibited.

It shall be unlawful for any person, firm or corporation to sell or offer for sale any fire crackers, Roman candles, sky rockets, torpedoes or any other explosives which are commonly termed a firework or fireworks within the City of Fayette. (Ord. of Dec. 16, 1963, § 1; Ord. No. 2000-08, § 1, 6-21-00)

§ 11-75. Shooting off fireworks—Prohibited.

It shall be unlawful for any person, firm or corporation to fire, ignite or explode any fire crackers, Roman candles, sky rockets, torpedoes or any other explosive which are commonly termed a firework or fireworks within the City of Fayette. (Ord. of Dec. 16, 1963, § 2; Ord. No. 2000-08, § 2, 6-21-00) State law reference—Similar provisions, Code of Alabama, Tit. 14, § 125(1).

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§ 11-76 OFFENSES § 11-80

§ 11-76. Permit for pyrotechnic display.

The mayor may, upon due application, issue a permit to a properly qualified person for giving a pyrotechnic display in the public parks or other open place within the city. Such permits shall impose restrictions as, in the opinion of the mayor, may be necessary to properly safeguard life and property in each case. (Ord. of June 17, 1946, § 3)

§ 11-77. Storing fireworks—Place to be approved by fire chief.

It shall be unlawful for any person, firm or corporation to store or have in their possession any firework or fireworks, Roman candles, sky rockets, torpedoes or other explosives which are commonly termed a firework or fireworks within the City of Fayette or within the police jurisdiction thereof, except at such place or places that shall be approved by the fire chief of the City of Fayette as a place suitable for same. (Ord. of Dec. 16, 1963, § 3)

§ 11-78 Exception

Nothing contained in the preceding sections shall apply to the sale or use of sparklers or dipped sticks. (Ord. of Dec. 16, 1963, § 4.)

§ 11-79 Penalty for Violation

Any person, firm or corporation violating any provision of the sections hereinabove, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than one ($1.00) dollar nor more than two hundred ($200.00) dollars and each day the person, firm or corporation possesses, sells or offers for sale any fireworks, as defined herein, shall constitute a separate offense. (Ord. of Dec. 16, 1963, § 5.)

ARTICLE V - MASSAGE PARLORS

§ 11-80 Definitions

a. Employee - Shall mean any and all persons, other than the masseurs or masseuses, who render any service to the licensee, who receive compensation directly from the licensee and who have no physical contact with the customers and clients.

b. Licensee - Shall mean any person, firm or corporation in possession of a valid, unrevoked license issued by the City of Fayette for the operation of a massage parlor.

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§ 11-80 OFFENSES § 11-83

c. Massage - Shall mean any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice.

d. Massage Parlor - Shall mean any establishment having a fixed place of business where any person, firm, association or corporation engages in the business of giving massages or permits others to engage in such business or practice.

e. Masseur or Masseuse - Shall mean any person who, for any consideration, engages in the practice of massage as herein defined.

f. Person - Shall mean any individual, partnership, firm, association, corporation or combination of individuals of whatever form or character. (Ord. of Dec. 18, 1974, § 1.)

§ 11-81 Exceptions

This article shall not apply to hospitals, nursing homes or to any physician, osteopath, chiropractor, physical therapist or person of similarly licensed status; nor shall the same apply to any person administering therapy prescribed by a medical doctor to be administered to any person. (Ord. of Dec. 18, 1974, § 2.)

§ 11-82 License Required

No massage parlor shall be opened to members of the public, or operated for any other purpose, unless the owner or other person in charge thereof shall first have obtained a license therefor from the City of Fayette. (Ord. of Dec. 18, 1974, § 3.)

§ 11-83 Revocation of License

Any license, issued hereunder by the City of Fayette, may be revoked by the city upon the violation of any section, requirement or provision of this article by the licensee or by any agent or employee of said licensee; provided, the licensee shall first be notified of said violation and be afforded a hearing before the city council of the City of Fayette. Written notice of any violation hereunder and any hearing thereon before the city council may be given to any licensee by delivering said notice by hand to the licensee, or in his absence, to any adult person employed at the licensed premises or by depositing said notice, postage prepaid, in the United States Mail and addressed to the licensee at the licensed premises, not less than ten (10) days prior to such hearing before the city council. (Ord. of Dec. 18, 1974, § 4.)

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§ 11-84 OFFENSES § 11-86

§ 11-84 Health and Sanitary Requirements

Any massage parlor, licensed under the provisions of this article, shall at all times comply with all health regulations, rules and requirements as now or hereinafter promulgated by the Fayette County Health Department. (Ord. of Dec. 18, 1974, § 5.)

§ 11-85 Inspection

Any premises, used for the purpose of a massage parlor, shall during all hours of operation be made open and available to inspection by the Fayette County Health Department and the Fayette Police Department for the purposes of insuring compliance with the requirements of the county board of health and with the requirements of this article. (Ord. of Dec. 18, 1974, § 6.)

§ 11-86 Health Regulations

The following health regulations shall apply to the owner of a massage parlor and his employees:

a. No applicant for a license to conduct or operate a massage parlor shall be granted the same unless he or she shall first present to the city clerk of the City of Fayette, the following:

1. An affidavit listing the names of all employees to be employed on the premises at the commencement of the business; and

2. A written verification from a physician, duly licensed to practice in the State of Alabama and bearing a date of not more than twenty (20) days prior to the application, evidencing that the applicant and each of those persons to be initially employed by the applicant, in and about the operation of the massage parlor, are free from infectious disease.

b. No masseur, masseuse or other employee shall be employed in any massage parlor subsequent to the issuance of the license applied for hereinunder, without having first obtained a written verification from a physician, duly licensed to practice in the State of Alabama, bearing a date not more than twenty (20) days prior thereto, that the said person or employee is free of any contagious, infectious or communicable disease.

c. Each such written verification of health examination shall be dated by the physician performing the examination and shall be renewed by a new examination every six (6) months.

d. Any masseur, masseuse, or other employee of any massage parlor shall, at all times while on duty or working in any massage parlor, have upon his or her person said written medical verification. (Ord. of Dec. 18, 1974, § 7.)

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§ 11-87 OFFENSES § 11-90

§ 11-87 Treatment of Patrons

The following provisions shall apply to the treatment of patrons in massage parlors:

a. It shall be unlawful for any masseur or masseuse to apply or administer any massage to any person of the opposite sex in any massage parlor.

b. It shall be unlawful for any licensee, granted a license under the provisions of this article, to allow any masseur or masseuse to apply any massage to any member of the opposite sex in the massage parlor for which said licensee has been granted a license.

c. The private parts of patrons must at all times be covered by towels, clothes or undergarments when in the presence of any employee, masseur or masseuse. Any contact with a patron's genital area is strictly prohibited. (Ord. of Dec. 18, 1974, § 8.)

§ 11-88 Treatment on Premises Only

No massages shall be administered or applied by any masseur or masseuse in any massage parlor except in or upon the premises where a license is regularly displayed, and at the location designated for the operation of said massage parlor in said license. (Ord. of Dec. 18, 1974, § 9.)

§ 11-89 Not To Be Used as Dormitory

No massage parlor shall be used as and for a dormitory or place of sleep; nor shall any licensee, under this article, permit any massage parlor to be so used. (Ord. of Dec. 18, 1974, § 10.)

§ 11-90 Signs and Advertising

The following provisions shall apply to the signs and advertising used by massage parlors:

a. No licensee, granted a license under the provisions of this article, shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would indicate or reasonably suggest to prospective patrons that any service is available other than those services defined herein as "massage," or that employees, masseurs or masseuses are dressed in any manner other than that described in section 11-129 of this article.

b. Every massage parlor shall display a legible sign, not larger than permitted by the Zoning Ordinance of the City of Fayette, upon which sign the words "licensed masseur" or "licensed masseuse" or both, shall conspicuously appear thereon. Such sign shall contain letters no less than three (3) inches in height and shall be displayed in a manner that the words "licensed masseur" or "licensed masseuse" may be readily observed or read by persons upon entering the premises occupied by any massage parlor.

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§ 11-90 OFFENSES § 11-93

c. No massage parlor shall operate under any name, or conduct its operation under any designation not specified in its license issued by the City of Fayette in accordance with this article. (Ord. of Dec. 18, 1974, § 11(a,b,c).)

§ 11-91 Massage To Be Given in Visible Area

All massages, as defined herein, must be carried on in one cubicle, room, booth or other area within the massage parlor. No massage, as defined herein, may be carried on in any cubicle, room, booth or area except where such cubicle, room, booth or area has transparent doors or walls, such that all activity within the cubicle, room, booth or area is visible outside the same. (Ord. of Dec. 18, 1974, § lld.)

§ 11-92 Cleanliness

The following regulations shall apply to personal apparel and cleanliness in massage parlors:

a. No towels, wash clothes or other cloth or linen items shall come in contact with the body, or any part thereof, of any patron at a massage parlor that has not been boiled and laundered since last used.

b. Every masseur or masseuse shall cleanse his or her hands thoroughly by washing same with soap and hot water before attending or massaging any person.

c. All employees, masseurs and masseuses, shall be clothed from the shoulders to the knees by a robe, smock or other opaque apparel. Flimsy, transparent, form-fitting or tight clothing is prohibited.

d. Any massage parlor, licensed pursuant to this article, shall be equipped with running hot and cold water and with all appliances, furnishings and materials as may be necessary to enable persons employed in and about said massage parlor to comply with the provisions of this ordinance. (Ord. of Dec. 18, 1974, § 12.)

§ 11-93 Penalty for Violation

Any person, firm or corporation violating any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof shall be fined in an amount not exceeding two hundred ($200.00) dollars or be imprisoned in the city jail for a period not exceeding twenty (20) days, or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such hereunder. (Ord. of Dec. 18, 1974, § 13.)

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§ 11-94 OFFENSES § 11-98

ARTICLE VI - AUTHORITY OF POLICE

§ 11-94 Failure to Obey Lawful Order of Police Officer - Unlawful

It shall be unlawful for any person to fail or refuse to obey the direction or order of a member of the police department of the City of Fayette, while said member is acting in an official capacity in carrying out his duties. (Ord. of June 15, 1964, § 1.)

§ 11-95 Penalty for Violation

Any person, violating any of the provisions of the preceding section shall, upon conviction, be fined not less than ten ($10.00) dollars nor more than two hundred ($200.00) dollars or be sentenced to hard labor for the City of Fayette, Alabama, not exceeding six (6) months, one or both at the discretion of the recorder trying the case. (Ord. of June 15, 1964, § 2.)

§ 11-96 Failure to Move or Disperse Upon Lawful Order - Prohibited

It shall be unlawful for any person, grouping or assemblage of persons, whose standing, remaining or congregating upon any entrance, alcove or steps leading from a public street or sidewalk to the entrance or exit of any public or private building or structure in the City of Fayette, Alabama, or its police jurisdiction, shall obstruct, prevent or interfere with the free or unobstructed use of said entrance or exit, or of the street or sidewalk adjacent thereto by other persons, to fail or refuse to move on or to disperse upon being ordered to by any police officer of the City of Fayette, or by any other peace officer. (Ord. of June 15, 1964, § 1.)

§ 11-97 Penalty for Violation

Any violation of the next preceding section shall constitute a misdemeanor and any person, upon conviction therefor, shall be punished by a fine of not less than one ($1.00) dollar nor more than two hundred ($200.00) dollars, and may also be imprisoned or sentenced to hard labor for the city for not more than six (6) months. (Ord. of June 15, 1964, § 2.)

§ 11-98 Loitering After Warning - Unlawful

It shall be unlawful for any person or persons to loiter or loaf on, along or upon any sidewalk, street, avenue, public way or upon any public property in the City of Fayette, Alabama, after having been warned by a police officer of the City of Fayette not to so loiter or loaf. (Ord. of Sept. 15, 1954, § 1.)

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§ 11-99 OFFENSES § 11-102

§ 11-99 Penalty for Violation Any person, violating the next preceding section, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one ($1.00) dollar and not more than two hundred ($200.00) dollars, and may also be imprisoned in the municipal jail or sentenced to hard labor for the city for a period not exceeding six (6) months, one or both. (Ord. of Sept. 15, 1954, § 3.)

§ 11-100 Chief of Police - Authority to Establish Police Line or Check Point

The chief of police of the City of Fayette, be and he hereby is authorized to establish or cause to be established a police line or check point at any location in the City of Fayette, or its police jurisdiction where, in the judgment of said police chief, it is reasonably necessary to do so for the purpose of maintaining law and order within an area to the rear of said line or check point, and to maintain said line or check point so long as, in the judgment of said police chief, the maintenance of such line or check point is necessary to maintain law and order in such area. (Ord. of June 15, 1964, § 1.)

§ 11-101 Police Line or Check Point - Authority of Law Enforcement Officers

Policemen or other law enforcement officers, at any such line or check point, shall be authorized to prohibit any person or persons from entering the area for which such line or check point is being maintained, except residents of such area, persons engaged in the operation of businesses in such areas, customers of such businesses, persons servicing such businesses and such other persons as the chief of police, or the superior officer on duty at such line or check point, determines has business in such area of a nature not likely to impede the maintenance of law and order therein. (Ord. of June 15, 1964, § 2.)

§ 11-102 Police Line or Check Point - Unlawful Acts

It shall be unlawful for any person to enter the area to the rear of any such line or check point in disregard of the order of any policemen or other law enforcement officer, at such line or check point. It shall be unlawful for any person, who is permitted to enter any such area as a customer of any business therein or to service any business therein, to fail to proceed directly to said business and to leave such area without delay upon the completion of the activity for which he or she was permitted to enter such area. It shall be unlawful for persons to congregate in the vicinity of such line or check point and refuse to disperse and leave after being ordered to do so by any police officer, or other law enforcement officer at such line or check point. It shall be unlawful for any person to remain at, or loiter at or in, the vicinity of any such line or check point after having been requested to depart therefrom by any policeman, or other law enforcement officer at such line or check point. It shall be unlawful for any person to remain in, or fail to leave, the area for which any such line or check point is being maintained after having been requested to do so by any policemen maintaining law and order or attempting to maintain law and order therein. (Ord. of June 15, 1964, § 3.)

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§ 11-103 OFFENSES § 11-107

§ 11-103 Authority of Law Enforcement Officers - Cumulative

The power and authority delegated to the chief of police, any policeman or other law enforcement officer, under the provisions of the preceding sections, shall be cumulative and in addition to all other power and authority which such chief of police, policeman or other law enforcement officer may have under any other rule, regulation, ordinance or law. (Ord. of 6-15-64, § 4)

§ 11-104. Penalty for violation.

Any violation of the next preceding sections shall constitute a misdemeanor and any person, upon conviction shall be punished by a fine of not less than one dollar ($1.00) nor more than two hundred dollars ($200.00), and may also be imprisoned or sentenced to hard labor for the city for not more than six (6) months. (Ord. of 6-15-64, § 5)

ARTICLE VI1/2. ABANDONED, LOST OR STOLEN PROPERTY*

§ 11-105. Delivery to chief of police.

Every item of personal property taken up or coming into the possession of any police officer of the city in his official capacity as lost, stolen or abandoned property, or otherwise, shall be delivered to the custody of the chief of police or the chief's designated representative and shall be stored and disposed of according to the provisions of this article. (Ord. of 11-16-92, § 1)

§ 11-106. Storage.

Property taken up as provided in section 11-105 shall be stored by the chief of police or the chief's designated representative in a suitable place to protect it from deterioration and held for a period of not less than three (3) months, excepting, however, that perishable property may be sold at once as provided in section 11-107.1. (Ord. of 11-16-92, § 2)

§ 11-107. Sale generally.

At least every six (6) months, the chief of police or the chief's designated representative shall sell, at public auction, to the highest bidder for cash, the property which has been taken up and stored for a period of three (3) months or more, as provided in this article, such sales to be made after notice of the time and place thereof shall have first been given by publication of notice once a week for two (2) successive weeks in a newspaper of general circulation published in the

*Editor’s note—Ordinance of Nov. 16, 1992 did not specifically amend the Code; hence, inclusion of §§ 1—8 as a new Art. VI1/2, §§ 11-105—11-107.5, was at the editor's discretion. Further, former §§ 11-105—11-107, pertaining to similar subject matter, as derived from §§ 1—3 of an Ordinance of July 17, 1961, have been deemed superseded by the Ordinance of Nov. 16, 1992.

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§ 11-107 OFFENSES § 11-107.5

city. The first publication of such notice of sale shall be at least twenty (20) days before the sale. Each article shall be sold separately and the person making the sale shall have the right to reject any and all bids, if the amount bid is unreasonably low, and shall have the right to continue the sale from time to time if all bids are rejected or if no bidders are present. The proceeds of any such sale shall be promptly paid into the general fund of the city. (Ord. of 11-16-92, § 3)

§ 11-107.1. Sale of perishable property.

If property in the possession of the chief of police as provided in this article is perishable, the chief of police or the chief's designated representative may sell such property at public or private sale, at once and without notice, in which case the proceeds shall be promptly paid to the city clerk and there held for a period of six (6) months for the account of the owner and, if not called for within the time, shall be converted into the general fund of the city. (Ord. of 11-16-92, § 4)

§ 11-107.2. Redemption by owner.

The owner of any property taken up and stored under this article, on proof of ownership, or any person having the legal right to possession thereof on proof of such right, may redeem the same at any time prior to sale by paying the reasonable expense of taking the property in charge, its maintenance and storage, and a pro rata of the cost of publication, if notice of sale has been published. (Ord. of 11-16-92, § 5)

§ 11-107.3. Records to be kept.

The chief of police shall maintain a permanent storage record book containing a description of the property, the date of the taking of each piece of such property, the place where found and taken, the name of the person to whom the property is sold or delivered, and the price paid, if such property was disposed of by sale. (Ord. of 11-16-92, § 6)

§ 11-107.4. Disposition of property taken as evidence.

Every item of personal property taken in as evidence in connection with the investigation of the breach of any law or ordinance, if unclaimed by the owner thereof for thirty (30) days after final disposition of the case wherein the property is held as evidence, shall be entered in the storage record book and thereafter disposed of as provided in this article. (Ord. of 11-16-92, § 7)

§ 11-107.5. Exceptions.

The provisions of this article shall not apply to contraband or other property, the disposition of which is directed by statute, or to lost or abandoned personal property found within the city

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§ 11-107.5 OFFENSES § 11-112

or within its police jurisdiction and left by the finder thereof with the police department pending the location of the true owner, but such property shall be disposed of according to law in such cases made and provided. (Ord. of 11-16-92, § 8)

ARTICLE VII. PUBLIC DANCES

§ 11-108. Permit required to operate or conduct public dance.

It shall be unlawful for any person or organization to operate or conduct a public dance within the corporate limits of the City of Fayette or within the police jurisdiction of the City of Fayette without having first obtained a permit therefor as hereinafter provided. (Ord. No. 1984-1, 2-6-84, § 1)

§ 11-109. Requirements of application for permit.

Application for such permit shall be made with the chief of police and said application shall specify the name of the persons or organization sponsoring said dance, the location of the proposed dance and the number of persons anticipated to be present at said dance. (Ord. No. 1984-1, 2-6-84, § 1)

§ 11-110 Permit to be Approved by Police Chief and Fire Chief

No such permit shall be issued except after the approval by the Chief or Police and Fire Chief, who shall make or cause to be made an investigation to determine that the person applying for such permit is of good moral character or that the corporation or organization applying for such permit is represented by a person of good moral character, that the location of such proposed dance is on a ground floor with adequate parking space, sufficient space in the building to contain the number of persons anticipated to be present at such dance and equipped with adequate toilet and water facilities. (Ord. # 1984-1, Feb 6, 1984, § 3.)

§ 11-111 Police Officers and/or Firemen to be Present

At all dances operated or conducted within the provisions of this Article, there shall be present such number of Police Officers and/or Firemen as shall be determined by the Chief of Police as necessary and the applicant for each permit shall pay to the officer designated by the Chief of Police the sum of fifty dollars ($50.00) for each such Police Officer and/or Fireman prior to the issuance of such permit. (Ord. # 1984-1, Feb. 6, 1984, # 4.)

§ 11-112 Exceptions

The provisions of this Article shall not apply to schools, school related clubs or organiza- tions, or charitable, religious or fraternal organizations. (Ord. # 1984-1, Feb. 6, 1984, § 5.)

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§ 11-113 OFFENSES § 11-118

§ 11-113 No Public Dance on Sunday No such public dance shall be conducted on any Sunday at any time. (Ord. # 1984-1, Feb. 6, 1984, § 6.)

§ 11-114 Penalty for Violation

Any person who shall violate any provision of this Article shall be guilty of a misdemeanor against the City of Fayette, Alabama, and shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and may be imprisoned or sentenced to hard labor for not more than one hundred eighty (180) days, one or both, at the discretion of the court trying the case. (Ord. # 1984-1, Feb. 6, 1984, § 7.)

ARTICLE VIII. BOXING AND WRESTLING

§ 11-115. Permit required for operating or conducting boxing, sparring or wrestling matches. It shall be unlawful for any person or organization to operate or conduct boxing, sparring or wrestling matches or exhibitions where an admission fee or charge is made within the corporate limits of the City of Fayette or within the police jurisdiction of the City of Fayette without having first obtained a permit therefor as hereinafter provided. (Ord. No. 1984-3, § 1, 2-6-84)

§ 11-116. Requirements of application for permit. Application for such permit shall be made with the chief of police and said application shall specify the name of the person or organization sponsoring such activity, the location of the proposed activity and the number of persons anticipated to be present at said activity. (Ord. No. 1984-3, § 2, 2-6-84)

§ 11-117. Permit to be approved by police chief and fire chief.

No such permit shall be issued except after the approval by the chief of police and fire chief, who shall make or cause to be made an investigation to determine that the person applying for such permit is of good moral character or that the corporation or organization applying for such permit is represented by a person of good moral character, that the location of such proposed activity is on a ground floor with adequate parking space, sufficient space in the building to contain safely the number of persons anticipated to be present at such activity and equipped with adequate toilet and water facilities. (Ord. No. 1984-3, § 3, 2-6-84)

§ 11-118. Police officers and/or firemen to be present.

At all such activities operated or conducted within the provisions of this article, there shall be present such number of police officers and/or firemen as shall be determined by the chief of

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§ 11-118 OFFENSES § 11-131

police as necessary. No such permit shall be issued until the applicant pays to the city clerk an amount sufficient to reimburse the city for the pay and benefits of the police officers or firemen who are to be present at the event. This amount shall be calculated by the city clerk and shall be based upon the following: (a) The number of police officers or firemen required to be present; (b) The number of hours the police officers or firemen will be present; and (c) The current overtime rate of pay of the police officers or firemen plus the costs of their benefits as determined by the city clerk. (Ord. No. 1984-3, § 4, 2-6-84; Ord. No. 1998-10, § 1, 12-22-98)

§ 11-119. Exceptions.

The provisions of this article shall not apply to schools, school related clubs or organizations, or charitable, religious or fraternal organizations. (Ord. No. 1984-3, § 5, 2-6-84)

§ 11-120. No such public activities on Sunday. No such activities shall be conducted on any Sunday at any time. (Ord. No. 1984-3, § 6, 2-6-84)

§ 11-121. Penalty for violation. Any person who shall violate any provision of this article shall be guilty of a misdemeanor against the City of Fayette, Alabama, and shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) and may be imprisoned or sentenced to hard labor for not more than one hundred eighty (180) days, one or both, at the discretion of the court trying the case. (Ord. No. 1984-3, § 7, 2-6-84)

§§ 11-122—11-130. Reserved.

ARTICLE IX. NUISANCES*

DIVISION 1. GENERALLY

§ 11-131. Defined.

For the purpose of this article the term "nuisance" shall mean:

*Editor’s note—Section 4 of Ord. No. 1998-04, adopted April 6, 1998, repealed Art. IX in its entirety and enacted similar provisions to read as herein set out. Former Art. IX contained §§ 11-131—11-142 which derived from Ord. No. 1987-05, adopted May 4, 1987. In order to

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§ 11-131 OFFENSES § 11-131

(1) Anything that unlawfully causes hurt, inconvenience or damage; (2) That class of wrongs that arises from the unreasonable, unwarrantable or unlawful use by a person of such person's own property, either real or personal, or from such person's own improper, indecent, unsightly or unlawful personal conduct, working an obstruction of or injury to the right of another or of the public, and producing material annoyance, inconvenience, discomfort or hurt to another person or to the general public; (3) Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property of another; (4) All buildings, structures or conditions which are: a. Unsafe, unsanitary or unfit for human habitation; b. Not provided with adequate egress; c. Which constitutes a fire hazard; d. Otherwise dangerous to human life; e. Which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment, or accu- mulation of litter; (5) Raising, maintaining, having in possession, keeping, feeding, killing or slaughtering any animals on any premise or vacant lot, in such numbers or under such conditions or circumstances, or with such result as to be offensive or unwholesome or a source of injury, detriment, hurt or annoyance to the health, comfort well being or welfare of any other person or persons occupying adjacent property or nearby premises; or under said conditions or circumstances or with such result that offensive odors emanate there- from to the annoyance or discomfort of others; or under such circumstances or with such result that files or other obnoxious or repulsive insects breed or congregate therein on thereat;

(6) Operating an airplane that sprays poisons and/or chemical substance or substances in such manner or under such condition or circumstances or with such result as to create an offensive or unwholesome or a source of injury, detriment hurt or annoyance to the health, safety, or welfare of any other person or persons occupying adjacent or nearby premises or under such conditions or circumstances or with such result or results that offensive odors emanate therefrom to the annoyance or discomfort of others; (7) Burning or causing to burn any automobile, truck or other vehicle or parts of an automobile, including tires and tubes in such manner or under such condition or circumstances or with such result as to create smoke, in such volume or intensity as to

maintain a uniformity in organization of this Code, at the editor's discretion, §§ 11-131—11- 139 of Ord. No. 1998-04 have been organized under Division 1, Generally and Divs. I and II of said ordinance have been renumbered Divs. 2 and 3, respectively.

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§ 11-131 OFFENSES § 11-133

be offensive or unwholesome or a source of injury, detriment, hurt or annoyance to the health, safety or welfare of other persons occupying adjacent or nearby premises, or under such conditions or circumstances or with such result that offensive smoke is emanated therefrom to the annoyance or discomfort of others; (8) Any growth of weeds, grass or other vegetable matter favorable to the harboring of vermin, mosquitoes or other insects of like kind. Any growth of weeds more than one foot in height shall be deemed favorable to the harboring of vermin, mosquitoes or insects of like kind within the meaning of this ordinance; or (9) Any accumulation of litter, as defined in section 8-27 of the Code of Ordinances of the City of Fayette, Alabama, or anything that will, or is likely to, constitute a health hazard by raising or harboring mosquitoes, flies, rats, fleas, snakes, vermin or the decaying of such accumulations so as to create an obnoxious odor. Also, any accumu- lation of litter which is dangerous to public health, safety and welfare. (10) Any vehicle which is partially dismantled, nonoperative, wrecked, junked, or discarded that will, or is likely to, constitute a health hazard and/or is favorable to the harboring or raising of vermin, mosquitoes, or other insects of like kind and/or is dangerous to public health, safety and welfare. A vehicle will be considered nonoperative for the purposes of this section if it cannot be safely operated or it is incapable of being moved under its own power or if it may not be legally operated due to lack of any legal requirement including an expired license plate. (Ord. No. 1998-04, § 4, 4-6-98; Ord. No. 2004-10, § 1, 9-23-04)

§ 11-132. Responsibility of owner or person in charge of premises.

It shall be the responsibility of owners, agents, occupants and lessees to keep their property free of nuisances. Owners, agents, occupants and lessees whose properties face on municipal sidewalks and strips between streets and sidewalks shall be responsible for keeping those sidewalks and strips free of nuisances. Owners, agents, occupants and lessees whose properties face on municipal alleys shall be responsible for keeping the area from their property to centerline of the alley free of nuisances. (Ord. No. 1998-04, § 4, 4-6-98)

§ 11-133. Unlawful.

(a) It shall be unlawful for any person to permit or maintain the existence of any nuisance on any property and it shall be unlawful to permit any dangerous building, structure or condition to remain or to continue in existence in any place after receiving an order from the enforcing official to abate the same by repair, rehabilitation, demolition or removal, it shall be unlawful to occupy any building or structure or permit it to be occupied while it is or remains a nuisance.

(b) It shall be unlawful for any person, firm or corporation, owning or in charge of real property in the City of Fayette, Alabama, or its police jurisdiction, to permit the premises, whether vacant or not, to accumulate a growth of weeds or to accumulate litter (as defined in

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§ 11-133 OFFENSES § 11-136

section 8-27) or vehicles (as described in subsection 11-131(10)) or anything that will, or is likely to, constitute a health hazard or nuisance by raising or harboring mosquitoes, flies, rats, fleas, snakes, vermin or the decaying of such accumulations so as to create an obnoxious odor or which is dangerous to public health, safety and welfare after receiving a notice from the enforcing official to abate same.

(c) "Abatement" shall mean either repair, rehabilitation, demolition, cutting or removal, as shall be determined by the enforcing official as the proper remedy for any nuisance declared under this article. (Ord. No. 1998-04, § 4, 4-6-98; Ord. No. 2004-10, § 2, 9-23-04)

§ 11-134. Noncompliance with article declared misdemeanor; penalty.

A violation of the provisions of this article, including divisions 2 and 3, shall constitute a misdemeanor and shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).

City police officers may choose to cite and release the defendant for a violation of this article. The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued in accordance with Rule 20 of the Alabama Rule of Administration.

In lieu of appearing in court to answer a citation, any person or corporation may after signing a waiver and guilty plea pay a fine or fines in accordance with the minor violation settlement schedule established in section 12-14 of the Code of Ordinances. (Ord. No. 1998-04, § 4, 4-6-98; Ord. No. 2004-10, § 3, 9-23-04)

§ 11-135. Continuing offenses.

In all cases the person whose duty it is to abate any nuisance shall be liable for separate and distinct offense for each day the nuisance is allowed to remain after it has become such person's duty by notice of the enforcing official to abate it. (Ord. No. 1998-04, § 4, 4-6-98)

§ 11-136. Responsibility for enforcement; reports.

(a) The police chief, the fire chief, the building inspector and all police officers and such other employee of the city as may be designated by the city council shall be responsible for reporting any such nuisance.

(b) Such report shall be made to the building inspector, police chief, police officers or to such person who may be designated by the city council, as the enforcing officer who is hereby authorized to abate any such nuisance found to exist in the city.

(c) The building inspector, police chief and police officers are hereby designated as the enforcing officials. (Ord. No. 1998-04, § 4, 4-6-98; Ord. No. 2004-10, § 4, 9-23-04)

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§ 11-137 OFFENSES § 11-140.1

§ 11-137. Appeals from notice to abate.

Any person receiving a notice of a nuisance and an order to abate the same from the enforcing official may appeal said order to the city council by written notice filed with the city clerk within seven (7) days of the date of such notice. No appeal filed later than seven (7) days after the notice shall be considered unless for good cause shown. The city council may affirm, modify or reverse the order and its decision shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. (Ord. No. 1998-04, § 4, 4-6-98)

§ 11-138. Remedy not exclusive

In addition to remedies otherwise provided for herein, the city council may cause an action to be instituted to enjoin or abate any nuisance. (Ord. No. 1998-04, § 4, 4-6-98)

§ 11-139. Construction of article

This article shall be construed to contain all power granted to municipalities under the code of the State of Alabama providing for controlling nuisances, sanitation and good public health and safety conditions, including but not limited to present Sections 11-40-10, 11-47-117, 11-47-118, 11-47-131 and 11-47-140, 1975 Code of Alabama, as last amended. (Ord. No. 1998-04, § 4, 4-6-98)

§ 11-140. Reserved.

DIVISION 2. ABATEMENT OF NUISANCE CAUSED BY GROWTH OF WEEDS AND ACCUMULATION OF LITTER

§ 11-140.1. Notice to abate nuisance arising out of growth of weeds and/or accumu- lation of litter.

(a) Whenever in the opinion of the enforcing official a nuisance exists as defined in section 11-131(8) and (9) such official shall give notice in writing to the person owning, residing on, or having charge or control thereof, that such weeds or vegetation must be cut or that such litter must be removed within fourteen (14) days from the date of delivery of such notice. Such notice may be served upon the person to whom it is directed by registered or certified mail, return receipt requested.

(b) If the owner of the land is not a resident of the city and no person resides thereon, or has charge or control of the premises or vacant lot, and the address of the owner or person having control thereof is unknown and cannot by reasonable diligence be ascertained, the notice shall be served by posting a copy thereof on the property. (Ord. No. 1998-04, § 4, 4-6-98)

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§ 11-140.2 OFFENSES § 11-141.1

§ 11-140.2. Failure of owner or tenant to comply with notice to abate nuisance arising out of growth of weeds or accumulation of litter

(a) Any person who owns or has charge or control of any premises or vacant lot on the city and who, after having received notice as provided for in section 11-140.1 to cut weeds, grass or vegetation or to remove the litter therefrom, fails to do so within fourteen (14) days after such notice, shall be guilty of a misdemeanor.

(b) If after the expiration of said fourteen (14) days, the owner, or such person in charge of premises, has failed or refused to abate such nuisances or to remove such weeds and litter, upon being notified to do so as herein provided, then the City of Fayette is hereby authorized to do such work at the expense of the owner of such property, the cost thereof to be a lien upon the property and to be collected as any other debts are collected or liens enforced. (Ord. No. 1998-04, § 4, 4-6-98) Editor’s note—In order to maintain alphanumeric order, § 11-139.1 of Ord. No. 1998-04, has been renumbered as § 11-140.2.

§ 11-141. Reserved.

DIVISION 3. ABATEMENT OF NUISANCES EXCEPT THOSE ARISING FROM THE GROWTH OF WEEDS OR ACCUMULATION OF LITTER

§ 11-141.1. Notice to abate nuisances except those arising from the growth of weeds or accumulation of litter.

(a) Whenever in the opinion of the enforcing official a nuisance exists as defined in subsections 11-131(1), (2), (3), (4), (5), (6), (7) and (10) or other applicable law or ordinance, such official shall order the owner, agent, occupant or lessee of the property on which the nuisance is located to abate the same.

(b) The enforcing official shall give written notice to the owner, agent, occupant or lessee, of the existence of the nuisance, shall describe the particular matter which makes it a nuisance, shall order the manner in which it shall be abated, and shall state the time within which the nuisance must be abated.

(c) Said notice shall either be served on the person known to be the owner, agent, occupant or lessee of the premises by the enforcing official or be sent by certified mail to the person known to be the owner, agent, occupant or lessee of the premises or such notice shall be sent by certified mail to that person shown by the records of the Revenue Commissioner of Fayette County, Alabama, to have been the person last assessed for payment of ad valorem tax on the property where the nuisance is situated.

(d) Said notice shall also be posted in a conspicuous place on the property in cases of nuisances as defined in subsections 11-131(1), (2), (3), (4), (5), (6) and (7).

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§ 11-141.1 OFFENSES § 11-141.2

(e) Where service of said notice by certified mail has been attempted, but the return receipt shows a failure of service, the notice shall be published once in a newspaper of general circulation in the city.

(f) The notice shall require the owner, agent, occupant or lessee to complete the abatement of the nuisance within thirty (30) days from the date of the notice; provided, however the enforcing official may stipulate a different time but in no case more than ninety (90) days or less than fourteen (14) days.

(g) The notice may also require the vacation of a building or structure forthwith and prohibit its occupation until the required repairs and improvements have been completed, inspected and approved by the enforcing official. In such cases the enforcing official shall post at each entrance to the building or structure a sign stating "THIS STRUCTURE IS UNSAFE. ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE CITY OF FAYETTE," or words of similar import, and shall be signed and dated. Said sign shall remain until the required repairs and improvements have been made or the structure has been demolished and removed. Said sign shall not be removed without permission of the enforcing official whose name is affixed thereon. No person shall enter the structure except for the purpose of making the required repairs or demolishing the structure.

(h) The notice shall state that if the nuisance is not abated within the stated time, the enforcing official may institute legal proceedings against the owner, agent, occupant or lessee for the violation of this article. (Ord. No. 1998-04, § 4, 4-6-98; Ord. No. 2004-10, § 5, 9-23-04)

§ 11-141.2. Failure to comply with notice to abate

(a) In case the owner, agent, occupant or lessee shall fail, neglect or refuse to comply with the notice to abate the nuisance as provided for in section 11-141.1, the enforcing official may proceed to prosecute said person for a violation of the provisions of this article or other applicable ordinance.

(b) In case the owner, agent, occupant or lessee shall fail, neglect or refuse to comply with the notice to abate the nuisance, the enforcing official shall notify the city council of such fact. The city council shall hold a public hearing before authorizing the abatement of the nuisance by the enforcing official and also before levying an assessment on the property.

(c) Notice of the public hearing to determine whether the city council should order the enforcing official to abate the nuisance shall be given by causing a notice of such hearing to be sent by certified mail to the owner, agent, occupant or lessee at least ten (10) days before the date of the hearing. Such notice shall also be published once in a newspaper of general circulation in the city at least five (5) days prior to the hearing.

(d) After the public hearing the city council may by resolution order the enforcing official to proceed with the work specified in such notice or may order such nuisance demolished or removed. If the owner, agent, occupant or lessee of the property shall appear at the public hearing, no further notice of the order of the city council shall be required. If the owner, agent,

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§ 11-141.2 OFFENSES § 11-151

occupant or lessee fails to appear, notice of the order of the city council shall be mailed to such person's last known address and shall be published once in a newspaper of general circulation in the city. (e) Upon the expiration of seven (7) days from the date of publication under subsection (d), or seven (7) days from the date of the order if notice by publication is not required, the enforcing official or such official's designated representative or agent shall proceed to carry out the order of the city council. (f) Upon consideration of the work ordered by the city council the enforcing official shall compute the actual expense, including, but not limited to, total wages paid, value of the use of equipment, advertising expense, postage, attorneys fees, materials purchased, which was incurred by the city as a result of such work. An itemized statement of such expenses shall be mailed to the last known address of the owner, agent, occupant or lessee of the property. (g) In the event the owner, agent, occupant or lessee shall fail or refuse for a period of twenty-eight (28) days to pay off and discharge the expenses, the enforcing official shall report such failure to the city council at the next regular meeting following the expiration of that period. (h) The city council shall hold a public hearing before causing the actual expense of such work to be levied as a special assessment against the property. Notice of such public hearing shall be published in a newspaper of general circulation in the city at least five (5) days prior to the hearing. The itemized statement under subsection (a) shall also give notice of the time and place of the public hearing. After the public hearing, the city council may be resolution assess all or part of such expense against the property. (i) Any assessment against property under this section shall not be final until seven (7) days after adoption by the city council. Once the assessment has become final, the city clerk shall have such resolution recorded in the office of the judge of probate of the county. (j) In the event the owner, agent, occupant or lessee shall fail or refuse to discharge the assessment after a period of twenty-eight (28) days from the date the assessment was made final, the city may commence an action in any court of competent jurisdiction to recover said expense. (Ord. No. 1998-04, § 4, 4-6-98) Editor’s note—In order to maintain alphanumeric order, § 11-140.2 of Ord. No. 1998-04, has been renumbered as § 11-141.2. §§ 11-142—11-150. Reserved.

ARTICLE X. DETECTIVE AGENCIES*

§ 11-151. Definitions. For the purpose of this article the following terms, phrases, words, and the derivations shall have the meaning given herein. When not inconsistent with the context words used in the

*Editor’s note—Inasmuch as Or. No. 1990-4, adopted June 18, 1990, did not specify manner of codification, said provisions have been designated as Art. X, substantive sections being §§ 11-151—11-161, at the discretion of the editor.

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§ 11-151 OFFENSES § 11-154

present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

City is the City of Fayette, Alabama.

Person is any person, firm, partnership, association, corporation, company or organization of any kind.

Private detective is any person who accepts employment for hire, fee or reward to furnish or supply information as to the personal character or actions or identity of any person or as to the character or kind of business or occupation by any person or to furnish guard or watchman services. The term shall not include within its meaning a private investigator employed exclusively for one employer in connection with the business of a collection agency. Nor shall it include a detective or officer belonging to the law enforcement agencies of the United States or any state, county, or city, while engaged in work for said agencies. Nor shall it include any person engaged in the insurance adjusting business or polygraph examiners. (Ord. No. 1990-04, § 1, 6-18-90)

§ 11-152. Business license required.

No person shall engage in business of a private detective, detective agency, investigation bureau or other similar enterprise without having obtained a license therefor pursuant to the provisions of the license code of the city. (Ord. No. 1990-4, § 2, 6-18-90) Cross reference—Licenses and taxation, Ch. 10.

§ 11-153. Permit required.

No person shall engage in the business of a private detective, including any person employed as a private detective by any person, firm or corporation, without first having obtained a permit to do so from the council of the city. (Ord. No. 1990-4, § 3, 6-18-90)

§ 11-154. Same—Application.

(a) Any person desiring a permit required by this article shall file an application therefor with the chief of police on a form approved by the chief of police. Such application shall include the following information:

(1) The complete name and vital statistics of the applicant;

(2) A complete outline of the applicant's education, giving all schools and colleges attended and dates thereof;

(3) A brief personal history of the applicant, together with a detailed statement for the preceding five (5) years showing each business activity and employment during such period;

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§ 11-154 OFFENSES § 11-156

(4) A complete list of arrests, including traffic offenses, showing the date, place and disposition of each such charge lodged against the applicant; and

(5) Such additional information as may be reasonably required to substantiate or verify the data called for in subsections (1), (2), (3) and (4) of this section.

(b) An application for a permit under this article shall be accompanied by the affidavits of three (3) freeholders, citizens of the city, each of whom shall have known the applicant for a period of at least two (2) years, testifying to the integrity, sobriety and good moral character of the applicant. In lieu of such affidavit, a nonresident may furnish a similar affidavit for the chief of police of the city or town of residence of applicant.

(c) An application for a permit under this article shall be accompanied by a set of fingerprints of the applicant. (Ord. No. 1990-4, § 4, 6-18-90)

§ 11-155. Application fee.

No application for a permit under this article shall be considered until a fee of fifty dollars ($50.00) shall have been paid to the city clerk to help defray the cost of processing and investigating the application. Such fee shall in no instance be refunded. (Ord. No. 1990-4, § 5, 6-18-90)

§ 11-156. Investigation of application; public hearing before city council; grant or denial of permit.

(a) The chief of police shall investigate all applications for permits and shall conduct an examination reasonably designed to test the aptitude, knowledge and competency of the applicant in question for engaging in the business for which a permit is sought. The chief of police shall file a written report of his findings, together with the application, with the city clerk within thirty (30) days from the date of the receipt of the application.

(b) Upon receipt of the application and the report of the chief of police, the city clerk shall submit such application and report to the city council. The city council shall hold a public hearing on such application at a regular or special meeting to be held within thirty (30) days from the date of the receipt of such application by the city clerk. The city clerk shall notify the applicant of the time and place of such public hearing. Such notice shall be in writing and shall state that the applicant, at such public hearing, may appear in person and/or by his attorney and that he may present his position, argument or contentions orally and/or in writing and that he may present his evidence in his behalf and examine witnesses appearing for or against him.

(c) At such public hearing, the city council shall hear any person who desires to be heard and shall receive all evidence offered by any person which is relevant to the issuance or denial of the permit. The city council shall consider all relevant testimony and evidence presented to it at such public hearing and shall, at the conclusion of such hearing, grant or deny the permit.

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§ 11-156 OFFENSES § 11-157

(d) The city council, in its discretion, may deny the permit if the applicant or any officer, agent or employee of the applicant has violated or failed to comply with any provision of this article.

(e) The city council may deny the permit if the applicant or any officer, agent or employee of the applicant has:

(1) Knowingly and willfully given any false information of a material nature in connection with the application for a permit or in connection with the public hearing on the issuances or denial of such permit.

(2) Has been convicted of any federal or state law or municipal ordinance which reasonably relates to the applicant's character, fitness and business responsibility for engaging in the business of a private detective, detective agency, investigation bureau or other similar enterprise in a manner consistent with the public safety. The city council shall, in regard to any such convictions, consider the nature and seriousness of the offense; the circumstances surrounding the offense; the number of the offenses; the amount of time that has elapsed since the offense was committed; the age of the applicant at the time of the offense; and any evidence of rehabilitation.

(3) The applicant fails to make a passing grade on the examination provided for in subsection (a) of this section.

(f) All private detective permits shall be valid for a period of two (2) years from the date of issuance. All such permits must be renewed by filing an application for renewal on forms approved by the chief of police, and all renewed permits shall be valid for a period of two (2) years. All of the provisions of this chapter pertaining to permits, including the payment by the applicant of a nonrefundable application fee of fifty dollars ($50.00). (Ord. No. 1990-4, § 6, 6-18-90)

§ 11-157. Revocation of permit.

(a) The city council may revoke any permit pursuant to the provisions of this chapter for any of the reasons set forth in section 11-156 of said chapter pertaining to denial of permits.

(b) The city council shall set a time for a public hearing on the matter of the revocation of any permit issued pursuant to this article and notice of the date and time of such hearing will be given to the permittee in writing by the city clerk not less than seven (7) days prior to such hearing. Such notice shall state the reason for the hearing and shall advise the permittee that he may appear in person and/or by attorney and that he may present his position, arguments and contentions in writing and/or orally and that he may present evidence in his behalf and examine witnesses appearing for and against him. The city council shall receive any relevant evidence and hear any relevant testimony on the matter of revocation prior to making its decision on such matter. (Ord. No. 1990-4, § 7, 6-18-90)

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§ 11-158 OFFENSES § 11-169

§ 11-158. Misrepresentations in applications.

No person, whether granted a permit under this chapter or not, shall misrepresent the capacity under which he acts or make any false or untrue statement of fact in his application for a permit. (Ord. No. 1990-4, § 8, 6-18-90)

§ 11-159. Bond.

Before a permit hereunder shall be issued by the city, the applicant for such permit must first obtain and deposit with the city clerk a comprehensive general liability policy with limits of one hundred thousand dollars ($100,000.00) for bodily injury and ten thousand dollars ($10,000.00) for property damage. All insurance policies required to be deposited with the city clerk under the provision of this article must contain an endorsement providing for thirty (30) days written notice to the clerk of the city prior to any material change therein or cancellation thereof. (Ord. No. 1990-4, § 9, 6-18-90; Ord. No. 1996-03, § 1, 3-18-96)

§ 11-160. Duties of permittee.

(a) Carry and post permit certificates. The permittees hereunder shall cause a certificate of such permit to be displayed at all times in a convenient place in or on his place of business described in such permit. The permittee shall carry on his person at all times when performing services as a private detective a certificate of the permit issued hereunder.

(b) Impersonation of state police officers. No private detective licensed hereunder shall impersonate or hold himself as a peace officer of this state, nor shall a private detective operate or permit to be operated a motor vehicle with a siren, blinker light, or any insignia bearing likeness to the insignia used by peace officers of this state. (Ord. No. 1990-4, § 10, 6-18-90)

§ 11-161. Penalty for violation.

Any person found guilty of violating any provision of this article shall be fined in an amount not exceeding the sum of one hundred dollars ($100.00) and may also be sentenced to the city jail for not more than six (6) months, or to hard labor for the city not exceeding six (6) months; or by both one hundred dollars ($100.00) and imprisonment or hard labor in the discretion of the court trying the case. (Ord. No. 1990-4, § 11, 6-18-90)

§§ 11-162—11-169. Reserved.

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§ 11-170 OFFENSES § 11-172

ARTICLE XI. USE OF TOBACCO IN CITY BUILDINGS, VEHICLES AND PARKS

§ 11-170. Use of tobacco in city buildings and vehicles.

The use of tobacco, in all forms, including, but not limited to, cigarettes, pipes, cigars, chewing tobacco and snuff is hereby prohibited in all buildings and vehicles owned and/or operated by the city. (Ord. No. 2008-02, § 1, 2-12-08)

§ 11-171. Use of tobacco in city parks. The use of tobacco, in all forms, including, but not limited to, cigarettes, pipes, cigars, chewing tobacco and snuff is hereby prohibited in all city parks owned and/or operated by the city. (Ord. No. 2008-02, § 1, 2-12-08)

§ 11-172. Penalty. A violation of the provisions of this article shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). City police officers may choose to cite and release the defendant for a violation of this article. The Uniform Non-Traffic Citation and Complaint (UNTCC) shall serve as the charging instrument. The UNTCC shall be issued in accordance with Rule 20 of the Alabama Rule of Administration. In lieu of appearing in court to answer a citation, any person or corporation may, after signing a waiver and guilty plea, pay a fine or fines in accordance with the minor violation settlement schedule established in section 12-14 of the Code of Ordinances. (Ord. No. 2008-02, § 1, 2-12-08)

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Chapter 12

MUNICIPAL COURT*

§ 12-1. Reestablishment of municipal court. § 12-2. Jurisdiction. § 12-3. Time and place of holding court. § 12-4. Provisions for judge. § 12-5. Compensation of judge § 12-6. Powers of the court. § 12-7. Powers of the mayor. § 12-8. Appeals. § 12-9. Warrants. § 12-10. Magistrates. § 12-11. Acting municipal judge. § 12-12. Report on proceedings. § 12-13. Report to the council. § 12-14. Settlement of minor ordinance violations without trial.

§ 12-1. Reestablishment of municipal court.

There be and there is hereby reestablished, effective February 3, 2003, a municipal court for the City of Fayette, Alabama, pursuant to the provisions of the Code of Ala. 1975, Title 12, ch. 14. (Ord. No. 2002-03, § 1, 10-3-02)

§ 12-2. Jurisdiction.

The municipal court of the City of Fayette, Alabama, shall have jurisdiction of all prosecutions for the breach of ordinances of the municipality within its corporate limits and police jurisdiction, The jurisdiction shall also extend to all prosecutions for violations of state misdemeanors committed within the corporate limits and police jurisdiction of the municipal- ity where such offenses have been made offenses against the municipality. (Ord. No. 2002-03, § 2, 10-3-02)

§ 12-3. Time and place of holding court.

The municipal court of the City of Fayette, Alabama, shall hold court at such time and place as the governing body may determine with the advice of the municipal judge. (Ord. No. 2002-03, § 3, 10-3-02)

*Editor’s note—Ord. No. 2002-03, adopted Oct. 3, 2002, was not specifically amendatory of the Code. The editor has treated these new provisions as superseding Ch. 12, §§ 12-1—12-13, which contained similar provisions and which derived from Ord. of 12-27-77 and Ord. of 8-31-79.

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§ 12-4 MUNICIPAL COURT § 12-6

§ 12-4. Provisions for judge.

(a) The municipal court shall consist of one (1) municipal judge to be appointed by a vote of a majority of the members elected or appointed to the municipal governing body. The judge shall be appointed for a term of two (2) years. The municipal judge shall be eligible for reappointment upon the expiration of his term. He shall hold office until his successor is appointed and qualified.

(b) The municipal judge must be licensed to practice law in the State of Alabama and must be a qualified elector of the State of Alabama. No judge shall be otherwise employed in any capacity by the municipality during his term of office.

(c) The office of the municipal judge shall be vacant if he dies, resigns, or is removed, and vacancies shall be filled by the municipal governing body in the same manner as original appointments are made. Any person so appointed shall be eligible to serve two (2) years from the date of appointment.

(d) The municipal judge shall, before assuming office, take and sign the oath provided by the Constitution, and a copy thereof shall be filed in the office of the Secretary of State, the administrative director of courts and the clerk of the municipality.

(e) The municipal judge shall be subject to all grounds of disqualification from hearing specific cases applicable to state court judges. (Ord. No. 2002-03, § 4, 10-3-02)

§ 12-5. Compensation of judge.

The annual salary of the municipal judge of the City of Fayette, Alabama, shall be payable in twelve (12) equal monthly installments. This salary shall not be diminished during the judge's term of office. Any general increase in the compensation of all or substantially all municipal employees shall be applied proportionately to the salary of the municipal judge. (Ord. No. 2002-03, § 5, 10-3-02)

§ 12-6. Powers of the court.

(a) The municipal judge shall have the power to admit to bail any person charged with the violation of any municipal ordinance by requiring an appearance bond, with good security, to be approved by the municipal judge or his designee in an amount not to exceed one thousand dollars ($1,000.00) and may, in his discretion, admit to bail such persons on a personal recognizance bond conditioned on the appearance of such persons before him on a day named therein to answer the charges preferred against them.

(b) The municipal judge shall have the authority to punish any person convicted of violating a municipal ordinance with a fine of not more than five hundred dollars ($500.00) and/or a sentence of imprisonment or hard labor for a period not exceeding six (6) months except, when in the enforcement of the penalties prescribed in [Code of Ala. 1975,] § 35-5A-191 (DUI cases),

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§ 12-6 MUNICIPAL COURT § 12-6

such fine and sentence of imprisonment or hard labor shall not exceed the maximum fine and imprisonment authorized by that section. The penalty imposed on a corporation shall consist of a fine only, plus costs of court.

(c) The municipal judge in hisjudgment may provide that if a fine and costs are not paid within the time prescribed, the defendant, unless indigent, shall work out the amount of the judgment under the direction of the municipal authority allowing not less than fifteen dollars ($15.00) for each day's service.

(d) Upon each conviction in municipal court for a violation of any ordinance of the City of Fayette, Alabama, there shall be taxed against the defendant as court costs the sum of ten dollars ($10.00) and there shall also be taxed as costs the additional costs and fees imposed by the statutes of the State of Alabama, and the latter such costs and fees shall be remitted pursuant to the said statutes. All costs taxed for the city, as herein above provided, shall be paid into the city treasury.

(e) Upon conviction, the court may, upon a showing of inability to make immediate payment of fines and costs, accept defendant's bond with or without surety and with waiver of exemptions as the personality, such fines and costs to be payable within ninety (90) days, upon nonpayment of which executions may issue upon the bond as upon judgments in state courts.

(f) The municipal judge shall have the authority to continue the case from time to time to permit the fine and costs to be paid, remit fines, costs and fees, impose intermittent sentences, establish work release programs, require attendance of educational, corrective or rehabilita- tive programs, suspend driving privileges for such times and under such conditions as provided by law and order hearings to determine the competence of the defendant to stand trial; provided further, that the judge may enter an order authorizing the defendant to drive under the conditions set forth in the order.

(g) All cases in municipal court shall be tried by a municipal judge without a jury.

(h) The municipal judge may suspend execution of sentence and place a defendant on probation for varying periods of time, not to exceed two (2) years, under file procedures and conditions set out in Code of Ala. 1975, § 12-13-14.

(i) The municipal judge may administer oaths, compel the attendance of witnesses and compel the production of books and papers, punish by fine not exceeding fifty dollars ($50.00) and/or imprisonment not exceeding five (5) days any person found and adjudged to be in contempt of court, and shall have power coextensive with the jurisdiction of the district court to issue writs and other process, and to approve and declare bonds forfeited. The municipal judge shall designate any other municipal officers who shall be authorized to approve appearance and appeal bonds.

(j) The municipal court shall take judicial notice of the ordinances of the municipality.

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§ 12-6 MUNICIPAL COURT § 12-8

(k) The sheriff of the county and all law enforcement officers of the municipality shall obey the municipal judge having legal authority in faithfully executing the warrants and processes committed to them for service according to their mandates. (Ord. No. 2002-03, § 6, 10-3-02)

§ 12-7. Powers of the mayor.

The mayor may remit fines and such costs as are payable to the municipality and commute sentences imposed by municipal judges or the court to which an appeal was taken for violations of municipal ordinances, and he shall report his action to the council or other governing body at the first regular meeting thereof in the succeeding month with his reasons therefore in writing. (Ord. No. 2002-03, § 7, 10-3-02)

§ 12-8. Appeals.

(a) All appeals from judgments of the municipal court shall be to the circuit court of the circuit in which the violation occurred for trial de novo.

(b) The municipality may appeal within sixty (60) days, without bond, from a judgment of the municipal court holding a municipal ordinance invalid.

(c) A defendant may appeal in any case with in fourteen days from the entry of judgment by filing notice of appeal and giving bond, with or without surety, approved by the court or the clerk in an amount not more than twice the amount of the fine and costs, as fixed by the court, or in the vent no fine is levied the bond shall be in an amount not to exceed one thousand dollars ($1,000.00), as fixed by the court, conditioned upon defendant's appearance before the circuit court. The municipal court may waive appearance bond upon satisfactory showing that the defendant is indigent or otherwise unable to provide a surety bond. If an appeal bond is waived, a defendant sentenced to imprisonment shall not be released from custody, but may obtain release at anytime by filing a bond approved by the municipal court. If the defendant is not released, the prosecutor shall notify the circuit clerk and the case shall be set for trial at the earliest practicable time.

(d) When an appeal has been taken, the municipality shall file the notice and other documents in the court to which the appeal is taken within fifteen (15) day, failing which the municipality shall be deemed to have abandoned the prosecution, the defendant shall stand discharged, and the bond shall be automatically terminated.

(e) Upon trial or plea of guilty in the circuit court on appeal, the court may impose any penalty or sentence which the municipal court might have imposed.

(f) Upon failure of an appellant to appear in the circuit court when the case is called for trail, unless good cause for such default is shown, the court shall dismiss the appeal and upon the expiration of thirty (30) days from such date, unless the dismissal is set aside, the circuit clerk shall return the file, with a copy of the order of dismissal, to the clerk of the municipal court and the judge of the municipal court may enter judgment of default on the appeal bond

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§ 12-8 MUNICIPAL COURT § 12-8

by utilizing the procedures set forth in [Code of Ala. 1975,] § 15-13-81. The circuit court may, on motion of the defendant made within thirty (30) days of the order of dismissal, set aside the dismissal and other orders and reinstate the appeal on such terms as the court may prescribe, for good cause shown by the defendant.

(g) Upon receipt of notice of dismissal of an appeal, the municipal court may issue a warrant for arrest of the defendant who may be arrested without a warrant as an escape. Upon arrest, the defendant shall be delivered to the municipal authorities and punished in accordance with the judgment of the municipal court.

(h) If a judgment is entered against a defendant on appeal, the circuit court shall remand the defendant to the municipal authorities for punishment in accordance with the judgment of the circuit court, unless, when the judgment is for fine and costs only, the judgment is paid or a judgment is conferred therefore in favor of the municipality with sureties or as otherwise provided for convictions under state law.

(i) Upon receipt of payment of fines, forfeitures and costs upon appeals, the clerk of the circuit court shall within thirty (30) days pay ninety (90) percent of such fines and forfeitures and ten (10) percent of the cost to the treasurer of the municipality. The circuit clerk shall be liable on his bond for such fines and costs plus a penalty of five (5) percent per month for default in such payments.

(j) From the judgment of the circuit court, the municipality, in a case holding invalid an ordinance, or the defendant in any case, may appeal to the Court of Criminal Appeals in like manner as in cases of appeals for convictions of violation of the criminal laws of the state. If the appeal is taken by the municipality, it shall not be required to give surety for the cost of the appeal. When taken by the defendant, he may give bail with sufficient sureties, conditioned that he will appear and abide by the judgment of the appellant court; and failing to give bail, he must be committed to the municipal jail, but he may give such bail at any time pending the appeal. When an appeal is taken by the defendant, bail is given pending the appeal and the judgment of conviction is affirmed or the appeal is dismissed, the defendant is bound by the undertaking of bail to surrender himself to the municipal authorities within fifteen (15) days from the date of such affirmance of dismissal, and, if he shall fail to do so, the clerk of the circuit court from which the appeal is taken, upon motion of the municipality, must endorse the bail bond forfeited, and a writ or writs of arrest must be issued by the clerk to the sheriff. Upon arrest, the defendant shall be delivered to the municipal authorities, and the sentence must without delay be carried out as if no appeal had been taken. If bail is forfeited as herein provided, a conditional judgment must be entered by the court in favor of the municipality and the same proceedings had thereon for the municipality as is authorized by law to be had in the name of the state in the name of the state in state cases. (Ord. No. 2002-03, § 8, 10-3-02)

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§ 12-9 MUNICIPAL COURT § 12-11

§ 12-9. Warrants.

The municipal judge is authorized to issue arrest and search warrants upon affidavit for municipal ordinance violations returnable to the municipal court and for violations of state law returnable to any state court. (Ord. No. 2002-03, § 9, 10-3-02)

§ 12-10. Magistrates.

The municipal judge shall take steps to have magistrates appointed as needed for the City of Fayette, Alabama, pursuant to Rule 18 of the Alabama Rules of Judicial Administration. The powers of the magistrate shall be limited to:

(1) Issuance of arrest warrants;

(2) Setting bail when issuing arrest warrants in accordance with the discretionary bail schedule; provided, however, that no magistrate shall set bail for any offense in excess of the maximum amount posted in the bail schedule, unless approved by the Supreme Court;

(3) Approving surety bonds and receiving cash bail in municipal ordinance prosecutions;

(4) Authorizing the release of defendants on their personal recognizance in misdemeanor prosecutions;

(5) Receiving pleas of guilty in misdemeanor cases where a schedule of fines has been prescribed pursuant to Rule 20, Alabama Rules of Judicial Administration;

(6) Accountability to the municipal court for all uniform traffic tickets and complaints, monies received and records of offenses; and

(7) Such other authority as may be granted by law. (Ord. No. 2002-03, § 10, 10-3-02)

§ 12-11. Acting municipal judge.

In the absence from the city, death, disability, or disqualification of a municipal judge, for any reason, the mayor of the municipality shall have the authority to designate a person, licensed to practice law in the state and a qualified elector of the state, not otherwise employed in any capacity by the municipality, to serve as acting municipal judge with all power and authority of a duly appointed municipal judge. No such acting judge may serve for more than thirty (30) successive days or a total of sixty (60) days in any calendar year; provided that when the duly appointed municipal judge is disqualified pursuant to the Constitution, the time of service limitations for acting judges shall not apply during such disqualifications. (Ord. No. 2002-03, § 11, 10-3-02)

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§ 12-12 MUNICIPAL COURT § 12-14

§ 12-12. Report on proceedings. The municipal judge shall report on file proceedings of the municipal court as required by law or rule. (Ord. No. 2002-03, § 12, 10-3-02)

§ 12-13. Report to the council. The municipal judge shall be required to make a report to the council on the operation of the municipal court every month. (Ord. No. 2002-03, § 13, 10-3-02)

§ 12-14. Settlement of minor ordinance violations without trial. (a) Schedule of fines. In the event a defendant in municipal court is charged with one of the offenses listed below and elects to plead guilty before a magistrate or pay a parking ticket without contesting it, the following schedule of fines shall apply: (1) Traffic offenses: Crossing fire hose ...... $50.00 Cutting across private property to avoid traffic-control device ...... 25.00 Cutting into funeral possession ...... 10.00 Driver's license not in possession ...... 10.00 Driving on sidewalk ...... 20.00 Driving on the wrong side of the road ...... 30.00 Engine running in unattended vehicle ...... 30.00 Failure to dim headlights ...... 10.00 Failure to obey traffic-control device not specifically enumerated ...... 20.00 Failure to stop at railroad crossing...... 10.00 Failure to transfer driver's license ...... 100.00 Failure to use child restraint ...... 10.00 Failure to wear safety belt ...... 10.00 Failure to yield right-of-way...... 20.00 Failure to yield to a pedestrian ...... 20.00 Following emergency vehicle ...... 50.00 Following too closely ...... 20.00 Going around barricade ...... 30.00 Handicapped placard and decal—false representation ...... 500.00 Improper backing...... 20.00 Improper brakes...... 20.00

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§ 12-14 MUNICIPAL COURT § 12-14

Improper lane usage ...... 20.00 Improper lights...... 20.00 Improper muffler ...... 10.00 Improper or no rearview mirror ...... 20.00 Improper passing ...... 20.00 Improper signal ...... 10.00 Improper tag ...... 25.00 Improper tires...... 20.00 Improper turn...... 20.00 Improper use of dealer's tag ...... 50.00 Improper window tinting...... 20.00 No helmet (motorcycle riders) ...... 10.00 No insurance...... 250.00 Obstruction of driver's view or driving mechanism ...... 20.00 Operating a motor vehicle without a driver's license...... 25.00 Other vehicle equipment violations not specifically enumerated ...... 20.00 Oversize load...... 250.00 Proceeding where traffic obstructed ...... 20.00 Refusal to weigh...... 300.00 Running red light ...... 20.00 Running stop sign ...... 20.00

Speeding: Less than 25 mph over posted speed limit ...... 20.00 25 mph or over posted speed limit ...... 40.00 Stopping on highway ...... 30.00 Tag registered to another vehicle ...... 100.00 Truck weight violations ...... 100.00 Violating driver's license restriction or endorsement...... 10.00 Wrong way on a one-way street...... 30.00

Any other traffic offense prohibited by Title 32 of the Code of Alabama or Chapter 11 or 15 of this Code, except as provided in the next paragraph 30.00

No settlement amount or procedure shall apply to the following traffic offenses, each of which shall require a court appearance; offenses resulting in death, personal injury, or property damage; driving under the influence; reckless driving; felonies; driving while

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§ 12-14 MUNICIPAL COURT § 12-14

license is suspended, revoked or canceled; fleeing or attempting to elude a police officer; and or any other offense prohibited by state law or rule from being on a schedule of fines.

(2) Public order offenses: Violation of any provision of the noise ordinance ...... $100.00

(3) Animal control offenses: Permitting livestock to run at large ...... 25.00 Permitting fowl to run at large ...... 25.00 Failure to maintain required enclosure...... 25.00 Failure to maintain sanitary premises where animals are kept...... 25.00 Keeping swine in city limits ...... 25.00 Failure to permit animal control inspection...... 25.00 Failure to comply with notice from animal control officer ...... 25.00 Obstructing entry of animal control officer...... 50.00 Tethering dog near property line...... 25.00 Vicious dog at large (pound impoundment fee, if applicable) ...... 50.00 Failure to have muzzle or leash for vicious dog ...... 100.00 Barking or howling dogs ...... 25.00 Keeping more than three (3) dogs...... 50.00

Failure to inoculate against rabies (plus impoundment fee, if applicable) 25.00 Failure to attach inoculation tag (plus impoundment fee, if applicable) . 25.00

(4) Littering offenses: Sweeping dirt, litter, etc. onto streets or sidewalks ...... $100.00 Littering generally...... 100.00 Littering from motor vehicle...... 100.00 Unlawful to dump waste into waterways ...... 100.00 Failure to cut weeds or remove trash and litter ...... 100.00 Failure of persons in business of cutting trees, etc. to remove debris. . . . 100.00 Leaving debris on public street ...... 100.00 Failure to maintain cleanliness at container site ...... 100.00 Unlawful to remove refuse from container ...... 100.00 Placement of advertisements, notices, political signs on utility poles. . . . 100.00

(5) Fire code violations: Failure to comply with notice to eliminate dangerous conditions ...... $25.00

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§ 12-14 MUNICIPAL COURT § 12-14

Obstructing fire hydrant ...... 25.00 Obstruction of exits: 1. Assembly ...... 100.00 2. Business...... 25.00 3. Educational ...... 100.00 Overcrowding ...... 100.00 Obstructed fire escapes ...... 100.00 Encumbered fire escapes ...... 100.00 Obstructed doors ...... 100.00 No exit signs ...... 25.00 Unilluminated exits ...... 25.00 Tampering with fire equipment ...... 50.00 Lack of access to buildings by fire apparatus ...... 50.00 Failure to install and/or maintain fire protection systems and appliances 50.00 Inadequate spray finishing operations...... 50.00 Flammable and combustible liquids violation ...... 25.00 Smoking where prohibited (fire code only) ...... 50.00 Failure to post adequate no smoking signs (fire code only) ...... 50.00 Bond fires and outdoor rubbish fire violation ...... 25.00 Use of torches where prohibited ...... 25.00 Failure to use approved materials, apparatus, equipment or methods. . . 25.00 Obstructing fire hydrants ...... 25.00

(6) Parking violations: Improper parallel parking: 1st offense ...... $5.00 2nd or subsequent offense (within twelve (12) months) ...... 10.00 Improper angle parking: 1st offense ...... 5.00 2nd or subsequent offense (within twelve (12) months) ...... 10.00 Parking prohibited in specified place generally: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Blocking traffic: 1st offense ...... 10.00

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§ 12-14 MUNICIPAL COURT § 12-14

2nd or subsequent offense (within twelve (12) months) ...... 25.00 Blocking alley: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Parking prohibited on roadway for certain purposes: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Use of street for purposes of storage of vehicle: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Improper parking of semi-trailer truck: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Vehicle extending more than 18 feet from curb prohibited: 1st offense ...... 10.00 2nd or subsequent offense (within twelve (12) months) ...... 25.00 Handicapped parking: 1st offense ...... 100.00 2nd or subsequent offense (within twelve (12) months) ...... 150.00 Overtime parking: 1st offense ...... 5.00 2nd or subsequent offense (within twelve (12) months) ...... 10.00 Overtime limit in loading zone: 1st offense ...... 5.00 2nd or subsequent offense (within twelve (12) months) ...... 10.00 Parking in a fire lane: 1st offense ...... 25.00 2nd or subsequent offense (within twelve (12) months) ...... 50.00 (7) Offenses related to the management and collection of garbage: Failure to participate in mandatory garbage collection system ...... $25.00 Improper depositing of garbage, etc...... 25.00 Improper depositing of hazardous or medical waste, animal carcasses, etc...... 50.00 (8) Other offenses. A fine scheduled for any other offense not listed herein may be added by separate ordinance. The procedure provided herein shall apply to such ordinances;

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§ 12-14 MUNICIPAL COURT § 12-14

provided that unless otherwise indicated by such separate ordinances, the procedure applicable shall be the same as for public order, animal control, littering, fire code and garbage offenses. (b) Procedure for settlement: (1) Traffic offenses. The procedure for settling any of the enumerated traffic offenses shall be in accordance with state law or rule; provided that any person who has been convicted two (2) or more times in the preceding twelve (12) months of any offense listed in this section (excluding traffic offenses listed on Rule 20, Alabama Rules of Judicial Administration Schedule A) shall not be permitted to utilize the settlement procedure provided herein, but shall be required to appear in court. (2) Public order, animal control, littering, fire code, garbage and other offenses. The procedure for settling such offenses shall be in accordance with state law or rule; provided that the fine shall be doubled if the defendant has settled or been convicted one (1) time of any offense (traffic and parking offenses excluded) within twelve (12) months prior to the date the current offense is alleged to have occurred. For two (2) or more such settlements or convictions within said twelve-month period, the settlement procedure herein shall not apply and a court appearance shall be required. (3) Parking offenses. Parking tickets may be paid at the location designated by the mayor. (c) Court costs. In addition to the fines set forth above, court costs shall be imposed on the defendant in the amount provided by law or ordinance, provided that no court costs shall be imposed for parking offenses unless a warrant or other process issues to collect unpaid fines.

(d) Posting and distribution of schedule of fines. The schedule of fines provided herein shall be posted in a prominent location in the offices of the municipal court clerk and shall be distributed by the court clerk to all law enforcement agencies and offices operating within the jurisdiction of the municipal court.

(e) Repeal of prior schedules. All prior schedules of fines or ordinance violation settlement sheets are hereby repealed. (f) Court appearance by persons eligible for special treatment. Any person charged with an offense enumerated herein, traffic and parking offenses excluded who is eligible to apply for youthful offender or other special treatment shall not be permitted to utilize the settlement procedure, but shall be required to appear in court.

(g) State law or rule not to be violated. No settlement amount or procedure provided herein shall apply if state law or rule would thereby be violated. (Ord. No. 2003-04, § 1, 1-23-03; Ord. No. 2005-02, § 2, 6-14-05)

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CHAPTER 13

(RESERVED)

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CHAPTER 14

STREETS AND SIDEWALKS

§ 14-1 Street Naming System Adopted § 14-2 Names of Streets to Remain Unless Officially Changed § 14-3 New Streets - Regulations § 14-4 Uniform Numbering System Established § 14-5 Assignment of Numbers § 14-6 Separate Numbers to be Assigned § 14-7 Principal Buildings Numbered § 14-8 Numerals to be Visible § 14-9 Building Inspector to Administer System § 14-10 Building Inspector to Assign Numbers § 14-11 Record to be Kept § 14-12 Penalty § 14-13 Standards for Accommodating Utilities on Highways - Adopted

§ 14-1 Street Naming System Adopted

There is hereby established an official system of street names in the City of Fayette, Alabama, as shown on the map entitled Street Naming and Block Numbering Systems, dated March, 1962, as produced by the municipal planning commission, a copy of which is recorded in the minute book. (Ord. of Sept. 21, 1964, § 1(a).)

§ 14-2 Names of Streets to Remain Unless Officially Changed

Names of streets in the City of Fayette, Alabama, shall remain as shown on said map unless officially changed by specific ordinance passed subsequent to this date. (Ord. of Sept. 21, 1964, § 1(b).)

§ 14-3 New Streets - Regulations

No new streets shall be accepted by the city nor municipal improvements made therein until such streets have been named; if they are extensions of existing streets, the existing names shall be continued, and if not extensions, names recorded shall not duplicate or closely approximate street names already assigned. (Ord. of Sept. 21, 1964, § 1(c).)

§ 14-4 Uniform Numbering System Established

A uniform system of numbering properties and principal buildings, as shown on the map identified by the title Street Naming and Block Numbering Systems which is filed in the office of the city clerk, is hereby adopted for use in the City of Fayette, Alabama. This map and all explanatory matter thereon are hereby adopted and made a part of this chapter. (Ord. of Sept. 21, 1964, § 2(a).)

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§ 14-5 § 14-10

§ 14-5 Assignment of Numbers

All properties or parcels of land within the corporate limits of Fayette, Alabama, shall hereafter be identified by reference to the uniform numbering system adopted herein; provided, all existing numbers of property and buildings not now in conformity with the provisions herein shall be changed to conform to the system herein adopted within six (6) months from the date of passage of these provisions. (Ord. of Sept. 21, 1964, § 2(b).)

§ 14-6 Separate Numbers to be Assigned

A separate number shall be assigned to at least each twenty-five (25) feet of street frontage in the business district and fifty (50) feet in the residential district. (Ord. of Sept. 21, 1964, § 2(c).)

§ 14-7 Principal Buildings Numbered

Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance of such principal building shall bear a separate number. (Ord. of Sept. 21, 1964, § 2(d).)

§ 14-8 Numerals to be Visible

Numerals, indicating the official numbers of each principal building or each front entrance to such building, shall be posted in a manner as to be visible from the street on which the property is located. (Ord. of Sept. 21, 1964, § 2(e).)

§ 14-9 Building Inspector to Administer System

The city building inspector shall be responsible for maintaining the numbering system. In the performance of this responsibility, he shall be guided by the provisions of this chapter. (Ord. of Sept. 21, 1964, § 3(a).)

§ 14-10 Building Inspector to Assign Numbers

The city building inspector shall assign numbers for each principal building or separate front entrance to such building, constructed on any property in Fayette, Alabama. In doing so, he shall issue only numerals for the number assigned to such buildings, under the provisions of this chapter; provided, however, that the city building inspector may issue additional numerals in accord with the official numbering system whenever a property has been subdivided, a new front entrance opened or undue hardship on any property owner has resulted from these requirements. (Ord. of Sept. 21, 1964, § 3(c).)

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§ 14-11 § 14-13

§ 14-11 Record to be Kept The city building inspector shall keep a record of all numbers assigned under this chapter. (Ord. of Sept. 21, 1964, § 3(b).)

§ 14-12 Penalty

Violation of this chapter shall be a misdemeanor and may be punished by a fine of one ($1.00) dollar to five ($5.00) dollars. Each separate day such violation is continued shall constitute a separate offense. (Ord. of Sept. 21, 1964, § 3(d).)

§ 14-13 Standards for Accommodating Utilities on Highways - Adopted The city council of the City of Fayette, Alabama, hereby formally adopts the State of Alabama Highway Department Standards for Accommodating Utilities on Highway Rights- of-Way as standards (as written and future amendments thereto) for use by the city for accommodating utilities on roads and streets under the jurisdiction of the city on those roads and streets which have or will involve the expenditure of state or federal highway funds. (Ord. of Nov. 1, 1971.)

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Chapter 15

TRAFFIC AND MOTOR VEHICLES

ARTICLE I. MOTOR VEHICLES

DIVISION I. RULES AND REGULATIONS § 15-1. Definitions. § 15-2. Applicability of state law. § 15-3. Unlawful to run red light; exception. § 15-4. Signals to be obeyed; right turn on red permitted. § 15-5. Right turn on red prohibited when sign posted. § 15-6. Traffic when controlled by police officer. § 15-7. Right-of-way. § 15-8. Muffler required. § 15-9. Allowable tolerance of noise; exception. § 15-10. Anti-noise provisions cumulative. § 15-11. Penalty for violation. § 15-12. Driving over fire hose prohibited. § 15-13. Damaging traffic signs prohibited. § 15-14. Pedestrians crossing streets regulations; penalty. § 15-15. Test for intoxication approved. § 15-16. Penalty for violation of article. § 15-16.1. Dynamic brake systems or devices except when device is operated or engaged for the purpose of aversion of imminent danger to life, limb, or property.

DIVISION II. PARKING AND STOPPING § 15-17. Parallel parking. § 15-17.1. Angle parking. § 15-17.2. Unlawful designation of prohibited parking. § 15-18. Penalty for violation. § 15-19. Stopping, standing or parking prohibited in specified place generally. § 15-19.1. Parking not to obstruct traffic. § 15-19.2. Parking on streets where improvements are in progress. § 15-19.3. Parking on roadway for certain purposes prohibited. § 15-19.4. Use of streets by businesses for purposes of storage of vehicles. § 15-19.5. Vehicle not to extend more than eighteen feet from curb. § 15-19.6. Times parking regulations effective. § 15-19.7. Overtime parking. § 15-20. Regulations not exclusive. § 15-21. Parking signs or yellow curbs required. § 15-21.1. Parking of any truck-tractor, trailer or truck prohibited. § 15-22. Parking in alley prohibited; exception. § 15-23. Penalty for violation. § 15-24. Parking in prohibited zone. § 15-25. Prohibited parking in designated areas. § 15-26. Parking lot definitions. § 15-27. Traffic laws enforceable in all parking lots.

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TRAFFIC AND MOTOR VEHICLES

§ 15-28. Parking areas included. § 15-29. City not responsible for maintenance of all parking lots and areas. § 15-30. Stopping, standing or parking in loading zones. § 15-31. Application for loading zone. § 15-32. Loading zones; approval of council needed.

DIVISION 3. MOTORCYCLE REGULATIONS § 15-33. Motorcycles; definitions. § 15-34. License required for operation of motorcycle. § 15-35. Motorcycle; seating requirements. § 15-36. Helmet required; specifications.

DIVISION 4. ABANDONED VEHICLES § 15-37. Definitions. § 15-38. Abandonment prohibited. § 15-39. Leaving wrecked, junked vehicle on street prohibited. § 15-40. Disposition of wrecked or discarded vehicle. § 15-41. Impounding of discarded vehicle. § 15-42. Sale of impounded vehicles. § 15-43. Redemption by owner. § 15-44. Penalties for violation. § 15-45. Provisions cumulative.

DIVISION 5. SPEED REGULATIONS § 15-46. Speed limits. § 15-47. Speed limits in other areas. § 15-48. Speed limits for new territory. § 15-49. Penalty for violation.

DIVISION 6. TRUCK REGULATIONS § 15-49.1. Definitions. § 15-49.2. Exceptions. § 15-49.3. Routes; designated. § 15-49.4. Penalty for violation.

ARTICLE II. TAXICABS AND AMBULANCES § 15-50. Taxicab defined. § 15-51. Taxicabs; franchise or permit required. § 15-52. Taxicabs; application for permit. § 15-53. Investigation by chief of police. § 15-54. Permit; authority of council to grant. § 15-55. Unlawful to make false statements in application. § 15-56. Permit; duties of holder. § 15-57. City council; right to revoke or suspend permit and license. § 15-58. Unlawful for convicted felon to operate taxicab. § 15-59. Penalty for violation.

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§ 15-1 TRAFFIC AND MOTOR VEHICLES § 15-1

§ 15-60. Taxicab fares set. § 15-61. Rate card to be visible. § 15-62. Receipt available upon request. § 15-63. Insurance required. § 15-64. Ambulances; insurance required.

ARTICLE III. GUTHRIE J. SMITH PARK § 15-65. Westernmost street named; designated one-way. § 15-66. Southernmost street named; designated one-way. § 15-67. Easternmost street named; designated two-way. § 15-68. Northernmost street named; designated two-way. § 15-69. Speed limit set in park.

ARTICLE IV. PARKING FOR PHYSICALLY HANDICAPPED § 15-70. Reserved. § 15-71. Providing parking spaces for handicapped persons. § 15-72. Identifiable physically handicapped to use spaces. § 15-73. Reserved. § 15-74. Like spaces may be designated in private parking areas. § 15-75. Unlawful to park in spaces without permit. § 15-76. Penalty for violation.

ARTICLE I - MOTOR VEHICLES

Division I - Rules and Regulations

§ 15-1 Definitions

In the interpretation of this article relating to the regulation of traffic in the City of Fayette, Alabama, the following definitions shall be observed, unless the context shows another sense to be intended. Words in the plural include the singular and words in the singular number include the plural number whenever the context warrants.

a. The word "chauffeur" shall apply to any person operating a motor vehicle for hire, or as the employee of the owner thereof.

b. The word "curb" shall mean the lateral boundary of a street used for vehicles, whether marked by curbstones or not so marked.

c. The word "driver" shall apply to a rider, driver or leader or a horse, or to a person who pushes, draws, propels, operates or is in charge of a vehicle.

d. The word "horse" shall apply to any draft animal or beast of burden.

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§ 15-1 TRAFFIC AND MOTOR VEHICLES § 15-2

e. The terms "loop area," or "down town section" shall apply to that portion of the City of Fayette in the territory bounded as follows: 1. Beginning at a point sixty (60) feet east of the south line of Block 20, according to the J.S. James survey of the Town of Fayette, Alabama, and running west along the north line of Luxapelila Street to the southeast corner of Block 22; 2. Then south along the west edge of Peyton Street and west edge of Johnston's Park to the southeast corner of Block 11; 3. Then south to the south line of the Southern Railway Company's right-of-way; 4. Then east along the south line of Southern Railway Company's right-of-way to a point due south of the southwest corner of Block 7; 5. Then north along the west line of Block 7, to the northwest corner of said Block 8; 6. Then north sixty (60) feet; 7. Then west to the southwest corner of Block 19; (8) Then north along the west edge of Block 19 to the northwest corner of said Block 19; (9) Then north sixty (60) feet to the point of beginning. (f) The term "parked" shall apply to vehicles left standing by the owner or driver thereof for a time longer than is necessary to take on or discharge passengers or freight. (g) The word "person" includes individuals, partnerships and corporations. (h) The term "public vehicle" is any vehicle for which a charge or recompense is made for use thereof, or any vehicle publicly offered for the transportation of persons or property. (i) The terms "safety zone" and "loading station" shall apply to that part of the street alongside of railway car tracks marked off by stanchions, by a platform or by painted or otherwise designated space. (j) The word "street" includes alleys, avenues, parkways, boulevards, bridges and every public way in the City of Fayette. (k) The term "traffic officer" shall apply to any person designated by the mayor or the chief of police to direct or control the traffic upon the streets of the City of Fayette, or to any policeman. (l) The word "vehicle" includes equestrians, horses and everything on runners or wheels, except invalid chairs and baby carriages. (Ord. of 4-4-27, § 1)

§ 15-2. Applicability of state law.

In addition to all other provisions of law relating to the speed and operation of motor vehicles in the city, there is hereby adopted by the City of Fayette, Alabama, all laws of the

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§ 15-2 TRAFFIC AND MOTOR VEHICLES § 15-6

State of Alabama, and all rules and regulations of the State of Alabama Department of Transportation pertaining to the control of traffic and motor vehicles on highways, that are misdemeanors under the state laws and a violation of such laws, rules and regulations in the City of Fayette, or in the police jurisdiction thereof, shall be violations of this chapter. (Ord. of 2-17-75, § 5; Ord. No. 1997-07, § 1, 8-18-97)

§ 15-3 Unlawful to Run Red Light; Exception

It shall be unlawful for any person to drive or operate any vehicle into the intersection of any two (2) or more streets, at which any traffic light signal device is in operation, when the red light is displayed in, or against, the path or direction of his travel, except as provided in the following succeeding section.

It shall be lawful for the driver of any ambulance or vehicle of the police or fire departments, while answering an emergency call and while sounding sufficient danger alarm, to enter and cross such intersections while the red light is displayed in the path or direction of his travel. (Ord. of May 20, 1940, § 2.)

§ 15-4 Signals to be Obeyed; Right Turn on Red Permitted

It shall be unlawful for any person to drive a vehicle by or past a traffic light showing red in the direction from which the vehicle is approaching, or to fail to bring such vehicle to a stop promptly when directed by a police officer so to do, or to fail to bring such vehicle to a stop promptly when signaled so to do by the sounding of a siren or the flashing of a red or blue blinker signal by any police officer; provided, however, the driver of a vehicle, after stopping at a traffic light showing red, may make a right turn, but shall yield the right-of-way to pedestrians and other vehicular traffic proceeding as directed by the signal at the intersection. (Ord. of Oct. 7, 1974, § 1; for similar state law, see: Code of Alabama § 32-5-58.)

§ 15-5 Right Turn on Red Prohibited - When Sign Posted

The chief of police is authorized to prohibit any such right turn against a red traffic light at any intersection after determining, on the basis of a traffic investigation, that such right turn is not reasonable or safe under the conditions found to exist at such intersection. This prohibition shall be effective when a sign is erected at such intersection giving notice thereof. (Ord. of Oct. 7, 1974, § 1.)

§ 15-6 Traffic - When Controlled by Police Officer

Vehicles shall be brought to a stop, or moved, on signal from any member of the police force at any intersection of streets, and vehicles shall stand, or move, as directed by the police officer at theatres or public gatherings or under unusual conditions. (Ord. of Apr. 4, 1927, § 16.)

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§ 15-7 TRAFFIC AND MOTOR VEHICLES § 15-11

§ 15-7 Right-Of-Way

Every person, operating a motor vehicle, as herein defined, upon a public street or highway within the city or police jurisdiction therein, shall have full access to the right-of-way to the lane occupied by said vehicle and shall exercise due care when passing a standing vehicle or one passing in the same direction. (Ord. of June 3, 1974, § 5 ; for similar state law, see: Code of Alabama, §§ 32-5-110, 32-5-112.)

§ 15-8 Muffler - Required

Every motor vehicle shall, at all times, be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke. A motor vehicle, which produces a sound level of eighty-eight (88) decibels or more on the 'A' scale, shall be deemed to make or create excessive or unusual noise. (Ord. of June 3, 1974, § 7(a); for similar state law, see: Code of Alabama, §§ 32-5-76, 32-5-216.)

§ 15-9 Allowable Tolerance of Noise; Exception

The following provisions apply to vehicles in operation:

a. No arrest shall be made in cases where the noise limit is exceeded by less than a two (2) decibel tolerance.

b. The provisions hereinabove shall apply to the operation of all motor vehicles, both upon the public streets and highways within the city and on other public or private places. It shall be unlawful for any person to operate a motor vehicle either upon or off the public streets without complying with the provisions hereinabove, except, however, this shall not apply to motor vehicle races, field events or competitive meets on private property where such events are otherwise a lawful and permitted use of the property. (Ord. of 6-3-74, § 7)

§ 15-10. Anti-noise provisions cumulative.

The provisions of the sections hereinabove are cumulative to any other procedure, now authorized by law, for the accomplishment of the objective herein before stated. (Ord. of 6-3-74, § 10)

§ 15-11. Penalty for violation.

Any person, violating any of the provisions of the sections hereinabove shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00), or be imprisoned in the city jail for a period not exceeding twenty (20) days or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punished as such hereunder. (Ord. of 6-3-74, § 8)

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§ 15-12 TRAFFIC AND MOTOR VEHICLES § 15-16

§ 15-12. Driving over fire hose prohibited.

Any person, who drives or causes to be driven, any vehicle over or across any hose of any fire department, or over or across any hose used for conducting water from any fire engine or plug or hydrant, shall be guilty of a violation of this section and must, on conviction, be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). (Ord. of 4-6-27, § 30; Ord. No. 2003-03, § 1, 1-23-03)

§ 15-13. Damaging traffic signs—prohibited.

It shall be unlawful for any person to willfully, carelessly or wantonly, overturn, drive any vehicle against, over or upon, remove, displace, break, damage, dislocate or otherwise interfere with any traffic sign, standard, stanchion, marker or other traffic device. (Ord. of 4-6-27, § 50)

§ 15-l4. Pedestrians crossing streets; regulations; penalty.

Pedestrians shall cross the highways and streets only at intersections thereof, except that they may cross at the place indicated therefor in the middle of the block on Temple Avenue between Columbus Street on the south and Luxapalilla Street on the north, and, in crossing any street at the intersection thereof with another Street, shall pass over that part of the street as is indicated within the line of the sidewalk projected, and not diagonally; provided, this section shall only apply within the "loop area" and from Luxapalilla Street to Walker Street on Temple Avenue of the City of Fayette.

Any violation of this section shall be punished as provided by this article. (Ord. of 10-4-37)

§ 15-15. Test for intoxication approved.

By Resolution 1999-14, the Draeger Alcotest MK III was designated as the instrument to be used for alcohol breath testing in the City of Fayette and its police jurisdiction by the City of Fayette Police Department. The breath test shall remain as the chemical test to be used by the Police Department of the City of Fayette, Alabama and the Draeger Alcotest MK III breath testing instrument is designated as the official City of Fayette Police Department method to be used in revealing the chemical content in cases involving the consumption of alcohol. (Ord. of 1-20-75, § 1; Ord. No. 2003-03, § 2, 1-23-03) State law reference—Code of Alabama, §§ 32-5-190—32-5-l94

§ 15-16. Penalty for violation of article.

The court, trying any person for violation of this article, shall, upon conviction of such person, have the power to fine and imprison him and to sentence him to hard labor upon the streets or public works of the city; and, in the event the fine and cost are not presently paid, to require the offender, or person in default to work out the fine and cost under the direction

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§ 15-16 TRAFFIC AND MOTOR VEHICLES § 15-17.1

of the city authorities; provided that no fine shall exceed five hundred ($500.00) dollars and no sentence to imprisonment or hard labor shall exceed six (6) months and that no female shall be required to work on the streets of the city. (Ord. of 4-6-27, § 63)

§ 15-16.1. Dynamic brake systems or devices except when device is operated or engaged for the purpose of aversion of imminent danger to life, limb, or property.

(a) It shall be unlawful for any person to operate or engage any motor vehicle with a dynamic braking device which is not properly muffled so as to limit the emission of noise arising from the operation of said device, unless and except when such device is operated or engaged for the purpose of the aversion of imminent danger to life, limb, or property.

(b) It shall be unlawful for any person to operate or otherwise engage within the city any device which when attached to or placed upon any motor vehicle, engine, or mechanical device amplifies or increases the noise emitted by said vehicle, engine, or device above the level of noise emitted by the vehicle, engine, or device in its original factory design, unless and except when such device is operated or engaged for the purpose of the aversion of imminent danger to life, limb, or property.

(c) Any individual violating any provision of this section shall be guilty of a misdemeanor and shall upon conviction be punished by a fine of not less than fifty dollars ($50.00) and no more than one hundred fifty dollars ($150.00) or by imprisonment in the county jail for not more than six (6) months or by both such fine and imprisonment. (Ord. No. 2000-12, §§ 1, 2, 4, 9-5-00)

DIVISION II. PARKING AND STOPPING

§ 15-17. Parallel parking.

Except as otherwise provided by law or ordinance, every vehicle stopped or parked upon a roadway, where there are adjacent curbs, shall be so stopped or parked with the right-hand wheels of such vehicle parallel to and within eighteen (18) inches of the right-hand curb; provided, that upon a one-way roadway in a residential district, other than upon a through street, parallel parking where permitted may also be accomplished by a vehicle being stopped or parked with the left-hand wheels of such vehicle parallel to and within eighteen (18) inches of the left-hand curb. It shall be unlawful for any person to park a vehicle in violation of this section. (Ord. of 1-20-47, § 1; Ord. No. 2003-03, § 3, 1-23-03)

§ 15-17.1. Angle parking.

(a) The city engineer shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets.

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§ 15-17.1 TRAFFIC AND MOTOR VEHICLES § 15-19

(b) On those streets which have been signed or marked by the city engineer for angle parking, it shall be unlawful for any person to park or stand a vehicle other than between the markings so provided and at the angle to the curb or edge of the roadway indicated by such signs or markings. (Ord. No. 2003-03, § 4, 1-23-03)

§ 15-17.2. Unlawful designation of prohibited parking.

It shall be unlawful for any person to paint any part of a public way yellow, to place any sign indicating parking in a public parking place is prohibited, or to place any barrier hindering the parking of vehicles in any public parking place. (Ord. No. 2003-03, § 5, 1-23-03)

§ 15-18. Penalty for violation.

Any person found to be in violation of this division shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) and/or may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months. (Ord. of 1-20-47, § 2; Ord. No. 2003-03, § 6, 1-23-03)

§ 15-19. Stopping, standing or parking prohibited in specified place generally.

It shall be unlawful for any person to stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places or portions thereof: (1) On a sidewalk. (2) In front of a public or private driveway. (3) Within fifteen (15) feet of an intersection. (4) Within fifteen (15) feet of a fire hydrant. (5) On a crosswalk. (6) Within twenty (20) feet of a crosswalk at an intersection except at intersections where traffic is controlled by a police officer or traffic-control device. (7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the roadway. (8) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the city engineer or street superintendent indicates a different length by signs or markings. (9) Within fifty (50) feet of the nearest rail of a railroad crossing.

(10) Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly signed posted.)

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§ 15-19 TRAFFIC AND MOTOR VEHICLES § 15-19.4

(11) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (Double parking).

(13) Upon any bridge or other elevated structure upon a highway.

(14) At any place where official signs prohibit parking or stopping or the curb is painted yellow.

(15) On any median or other area of a street not improved as a roadway.

(16) On the area between any roadway and the sidewalk adjacent thereto. (Ord. of 4-6-27, § 34; Ord. No. 2003-03, § 7, 1-23-03)

§ 15-19.1. Parking not to obstruct traffic.

It shall be unlawful for any person to park any vehicle upon a street in such a manner or under such conditions as to leave available less than fifteen (15) feet of the width of the roadway or hinder the free movement of vehicular traffic. (Ord. No. 2003-03, § 8, 1-23-03)

§ 15-19.2. Parking on streets where improvements are in progress.

It shall be unlawful for any person to park any vehicle on any street, alley or other public way upon which paving or grading or other municipal improvements are in progress, where to do so will interfere with the work or be attended with danger to the traveling public. (Ord. No. 2003-03, § 9, 1-23-03)

§ 15-19.3. Parking on roadway for certain purposes prohibited.

It shall be unlawful for any person to park a motor vehicle, trailer or semi trailer upon any street, alley or other public way of the city for the principal purpose of displaying such vehicle for sale or washing, servicing or repairing such vehicle, except repairs necessitated by an emergency. (Ord. No. 2003-03, § 10, 1-23-03)

§ 15-19.4. Use of streets by businesses for purposes of storage of vehicles.

It shall be unlawful for any person engaged in any business of selling, leasing, hiring, renting or repairing motor vehicles, or for any agent, employee or servant of any such person, to store or park or cause or permit to be stored or parked on any street, alley or other public way in the city any such vehicle kept or held for sale, lease, hire, rent or repair. (Ord. No. 2003-03, § 11, 1-23-03)

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§ 15-19.5 TRAFFIC AND MOTOR VEHICLES § 15-21.1

§ 15-19.5. Vehicle not to extend more than eighteen feet from curb.

Unless otherwise permitted by law, it shall be unlawful for any person to park any vehicle on any street or to permit or suffer any vehicle to be parked on any street when any part of such vehicle or any load or thing thereon, or anything forming a part thereof, or any trailer attached thereto, extends more than eighteen (18) feet from the curb. (Ord. No. 2003-03, § 12, 1-23-03)

§ 15-19.6. Times parking regulations effective.

The provisions of any ordinance or other regulation prohibiting the stopping, standing or parking of a vehicle shall apply at all times or at those times specified in such ordinance or regulation or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. Those provisions of any ordinance or other regulation limiting the length of time that parking is permitted shall be effective only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and shall not apply on any Saturday, Sunday or municipal holiday, unless a specific provision indicates otherwise. (Ord. No. 2003-03, § 13, 1-23-03)

§ 15-19.7. Overtime parking.

It shall be unlawful for any person to stop, stand or park a vehicle in any parking space for a period of time in excess of any time limit established for such space. (Ord. No. 2003-03, § 14, 1-23-03)

§ 15-20. Regulations not exclusive.

The provisions of any ordinance or regulation imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times. (Ord. of 10-4-37; Ord. No. 2003-03, § 15, 1-23-03)

§ 15-21. Parking signs or yellow curbs required.

Whenever by this chapter or any other ordinance of this city a parking time limit is imposed or parking is prohibited on designated streets, the city engineer shall erect appropriate signs or paint curbs yellow giving notice thereof. (Ord. of 4-4-27, § 12; Ord. No. 2003-4, § 16, 1-23-03)

§ 15-21.1. Parking of any truck-tractor, trailer or truck prohibited.

(a) No person shall park, cause to be parked or knowingly permit a truck-tractor motor vehicle, with or without a trailer thereto attached, or any truck having three (3) axles, or more, which he owns or operates or which is under his control to be parked upon any street located within the corporate limits of the city or within the police jurisdiction thereof.

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§ 15-21.1 TRAFFIC AND MOTOR VEHICLES § 15-25

(b) No person shall park, cause to be parked or knowingly permit a trailer, with or without a truck-tractor thereto attached, which he owns or operates or which is under his control to be parked upon any street located within the corporate limits of the city or within the police jurisdiction thereof.

(c) The presence of any such motor vehicle described in subsection (a) or any trailer parked upon any said public street shall raise a prima facie presumption that the registered owner of such motor vehicle or trailer committed or authorized the parking violation, and the burden of proof shall be upon the registered owner to show otherwise.

(d) The words park or parking when used in this section shall, for the purpose of this section, mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading goods or merchandise or passengers. (Ord. No. 1991-8, §§ 1—4, 11-4-91)

§ 15-22. Parking in alley—Prohibited; exception.

It shall be unlawful for any person, firm or corporation to park any motor vehicle, except for the purpose of loading and unloading, in that certain alley which runs north and south in Block 18 of the J. S. James Survey of the Town of Fayette, Alabama, which lies between Temple Avenue on the west and Four Acre Street on the east, Columbus Street on the south and Luxapalilla Street on the north within the City of Fayette, Alabama. (Ord. of Mar. 18, 1957, § 1)

§ 15-23. Penalty for violation.

Any person, firm or corporation, violating the next preceding section, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one dollar ($1.00) and not more than ten dollars ($10.00) in the discretion of the court trying the case. (Ord. of Mar. 18, 1957, § 3)

§ 15-24. Parking in prohibited zone.

It shall be unlawful for any person or operator to cause, allow, permit or suffer any vehicle to be parked at a fireplug or to park a vehicle in any manner other than in the manner prescribed by this article. (Ord. of Feb. 1, 1965.)

§ 15-25 Prohibited Parking in Designated Areas

No person shall park a motor vehicle in any designated area when said prohibited area is properly marked with yellow paint and/or sign-posted under penalty provided by law. (Ord. of Feb. 17, 1975, § 4.)

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§ 15-26 TRAFFIC AND MOTOR VEHICLES § 15-29

§ 15-26 Parking Lot - Definitions

The terms used herein are defined as follows:

a. Parking Lot - Shall mean and include any lot where motor vehicles may be driven by the owner, left parked or standing and removed by the owner at his pleasure.

b. Private Parking Lot - Shall mean a parking lot owned by a private individual or corporation and may be operated so as to be used exclusively by those persons designated by the said owner.

c. Public Parking Lot - Shall mean a parking lot available for the use of the entire public, upon the satisfaction of the particular parking lot requirements.

d. Quasi-Public Parking Lot, Street or Highway - Shall mean any parking lot, street or highway owned and maintained by a private individual or corporation for the use of customers, tenants or employees. The said owner may preclude the use of these parking lots, streets or highways by those members of the public not presently participating in trade with the owner. (Ord. of Oct. 15, 1973, § 1.)

§ 15-27 Traffic Laws Enforceable in All Parking Lots

All state laws regarding traffic enforceable within the city, and traffic ordinances of the City of Fayette, Alabama, now in effect or hereafter enacted, in addition to being enforceable within the police jurisdiction of said city and upon the public streets and highways thereof, shall be enforceable in and on all public, quasi-public or private parking lots, streets and highways in the city. (Ord. of 10-15-73, § 2)

§ 15-28. Parking areas included.

Such parking lots, streets and highways shall include, but not be limited to, parking areas and lots adjacent to, surrounding or servicing public restaurants, shopping centers, drive-in movies, athletic stadiums, auditoriums, trailer parks and all other parking areas and lots of whatsoever kind which are quasi-public or private in nature. (Ord. of 10-15-73, § 3)

§ 15-29. City not responsible for maintenance of all parking lots and areas.

Nothing herein contained, however, shall be construed to compel the City of Fayette, its police department or any of its other departments to maintain such quasi-public or private parking areas and lots, or to install or maintain any traffic or parking control devices therein or thereon, or to provide police or other personnel for such traffic or parking control. (Ord. of 10-15-73, § 4)

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§ 15-30 TRAFFIC AND MOTOR VEHICLES § 15-33

§ 15-30. Stopping, standing or parking in loading zones.

No person shall stop, stand or park a vehicle for any purposes or length of time other than for the expeditious loading or unloading of passengers or materials, in any place marked as a loading zone. (Ord. of 2-21-61, § 5a; Ord. No. 2003-03, § 17, 1-23-03)

§ 15-31. Application for loading zone.

The owner of any business establishment located within the City of Fayette, Alabama, can make written application, in letter form, addressed to the mayor and city council of the city and filed with the city clerk at city hail, requesting that a loading zone be established in connection with his or her business, and stating in said application whether or not said business establishment has off-street parking facilities, and agreeing in said application that, if the mayor and council create the loading zone so sought, the owner of said business agrees not to park his or her personal vehicle in said space, except when said vehicle is being used for the loading and unloading of merchandise, etc. (Ord. of Feb. 21, 1961, § 5b.)

§ 15-32 Loading Zones - Approval of Council Needed

Upon the filing of said application with the city clerk, the clerk shall bring said application to the attention of the city council at its next regular meeting. The mayor and council shall consider each application so filed and when, in the council's opinion, said application should be granted, record will be made of said fact and a loading zone will be established and marked off with yellow paint and a sign specifying "Loading Zone" shall be installed. Any loading zone so established can be changed at any time by the council without notice to the applicant if the owner of the business establishment uses said loading zone for his personal use or for any reason unsatisfactory to the council. (Ord. of Feb. 21, 1961, § 5b.)

Division III - Motorcycle Regulations

§ 15-33 Motorcycles - Definitions

The terms used herein are defined as follows:

a. Motor Drive Cycle - Shall mean every motorcycle, including every motor scooter, with a motor not to exceed two hundred (200) cc displacement, and every bicycle with a motor attached.

b. Motorcycle - Shall mean every motor vehicle designed to travel on not more than three (3) wheels in contact with the ground, except any such vehicle as may be included within the term "tractor" as defined in title 36, section 1, of the Code of Alabama, 1940, as amended. (Ord. of June 3, 1974, § 1; for state laws regulating motorcycles, see; Code of Alabama, tit. 36, §§ 129-142.)

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§ 15-34 TRAFFIC AND MOTOR VEHICLES § 15-36

§ 15-34 License Required for Operation of Motorcycle

It shall be unlawful for any person, under the age of sixteen (16) years, to drive or operate any motorcycle or motor-driven cycle, as herein defined, upon the streets or highways of the city, unless said person holds a valid license from the State of Alabama to drive such cycle and while operating said vehicle in accordance with the laws of the state pertaining to the same. (Ord. of June 3, 1974, § 2(c).)

§ 15-35 Motorcycle - Seating Requirements

Any person, operating a motorcycle, shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person, nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event, a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the rear or side of the operator; provided, however, that it shall be unlawful for any person to ride, as a passenger on a motorcycle, unless said cycle is equipped, in addition to permanent passenger seats as herein provided, with permanently attached footrests for use by said passenger. (Ord. of June 3, 1974, § 5(a); for state law regulating riding on motorcycles, see: Code of Alabama, tit. 36, § 58(29).)

§ 15-36 Helmet - Required, Specifications

It shall be unlawful for any person to operate, or ride as a passenger, upon any motorcycle, motor scooter or any other two-wheel motorized vehicle on a public highway, road or street in the city, while not wearing a protective helmet. The protective helmet shall:

a. Be specifically designed for motorcycle riders and passenger use, and shall meet the minimum regulations of the USA standards set forth in Z-90 regulations of 1966;

b. Have a hard exterior shell of non-shatterable material, resistant to impact and penetration;

c. Have a firmly secured shock absorbent cradle for the head, designed to support the helmet and maintain separation between the head and outer shell. Materials used in this portion of the protective helmet shall be of durable quality and with characteris- tics that will not undergo appreciable alteration under the influence of aging, or of the circumstances or use to which the helmet is normally subjected. Materials commonly known to cause skin irritation or disease shall not be used for those parts of the assembly which come in contact with the skin;

d. Contain an impact-resistant, absorbent padding or cushioning material of substantial thickness in all areas where the head is in close proximity with or may contact the outer shell; and

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§ 15-36 TRAFFIC AND MOTOR VEHICLES § 15-40

e. Have a permanently attached adjustable chin strap that will hold the helmet securely in place. A rider must, at all times while the motorized vehicle is in motion, have the chin strap firmly in place on or under the chin. (Ord. of June 3, 1974, § 5.)

Division IV - Abandoned Vehicles

§ 15-37 Abandoned Vehicles - Definitions

a. Person - Shall mean any person, firm, partnership, corporation, association, company or organization of any kind.

b. Property - Shall mean any real property within the city, or police jurisdiction thereof, which is not a street or highway.

c. Street or Highway - Shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

d. Vehicle - Shall mean a machine propelled by power, other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, automobile, truck trailer, motorcycle, tractor, buggy and wagon. (Ord. of Oct. 15, 1973, § 1.)

§ 15-38 Abandonment of Vehicles - Prohibited

No person shall abandon any vehicle within the city or the police jurisdiction thereof. It shall be presumed that any vehicle which has been left at any place, on a street or highway within the city, for a period of seventy-two (72) hours consecutively, is an abandoned vehicle. (Ord. of Oct. 15, 1973, § 2.)

§ 15-39 Leaving Wrecked, Junked Vehicle on Street - Prohibited

No person shall leave any partially dismantled, non-operating, wrecked or junked vehicle on any street or highway within the city. (Ord. of Oct. 15, 1973, § 3.)

§ 15-40 Disposition of Wrecked or Discarded Vehicle

No person, in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked or discarded vehicle to remain on such property longer than seventy-two (72) hours; and no person shall leave any such vehicle on any property within the city for a longer time than seventy-two (72) hours; except that these provisions shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in

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§ 15-40 TRAFFIC AND MOTOR VEHICLES § 15-44

a lawful place and manner, when necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Ord. of Oct. 15, 1973, § 4.)

§ 15-41 Impounding of Discarded Vehicle

The chief of police, or any member of his department designated by him, is hereby authorized to remove, or have removed, any vehicle left at any place within the city which reasonably appears to be in violation of the next preceding sections, lost, stolen or unclaimed. Any vehicle, so taken up and removed, shall be stored in a suitable place provided by the city to protect it from deterioration. A permanent record, giving the date of the taking of each vehicle, the place where found and taken and a description of the vehicle, shall be kept by the chief of police. (Ord. of Oct. 15, 1973, § 5.)

§ 15-42 Sale of Impounded Vehicles

At least every six (6) months, the chief of police shall sell, at public auction to the highest bidder for cash, the vehicle or vehicles, herein authorized to be removed and taken up and which shall have been taken up and stored for a period of three (3) months or more, the sales to be made after notice of the time and place therefor shall have first been given by publication once a week for two (2) successive weeks in a newspaper of general circulation published in the city. The first publication shall be at least twenty (20) days before the sale. Each vehicle shall be sold separately and a notation, in the storage record book, shall be made of the amount received for each vehicle. The person, making the sale, shall have the right to reject any and all bids if the amount bid be unreasonably low, and shall also have the right to continue the sales, from time to time, if no bidders are present. After deducting and paying all expenses incurred in the removal, taking up, storing, maintaining and selling of the vehicle or vehicles, the balance, if any, shall be paid into the general fund of the city. (Ord. of Oct. 15, 1973, § 6.)

§ 15-43 Redemption by Owner

The owner of any vehicle, taken up and stored, as herein provided, may redeem the same, at any time prior to its sale, by paying the reasonable expense of taking the vehicle in charge, its maintenance and storage and a pro rata of the cost of publication. (Ord. of 10-15-73, § 7)

§ 15-44. Penalties for violation.

Any person, violating any of the provisions of this article, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding five hundred dollars ($500.00) or be imprisoned in the city jail for a period not exceeding twenty

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§ 15-44 TRAFFIC AND MOTOR VEHICLES § 15-46

(20) days or be both so fined and imprisoned. Each day such violation is committed, or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder. (Ord. of 10-15-73, § 8)

§ 15-45. Provisions cumulative.

The provisions of this article are cumulative to any other procedure now authorized by law for the accomplishment of the objective hereinbefore stated. (Ord. of 10-15-73, § 10)

DIVISION 5. SPEED REGULATIONS

§ 15-46. Speed limits.

(a) No person shall operate a motor vehicle at a greater speed than fifty-five (55) miles per hour in the following listed zones of the city:

(1) On U.S. Highway No. 43 (Alabama Highway No. 18), beginning at a point 1,000 feet east of 6th Avenue S.E. (m.p. 30.68), thence easterly along U.S. Highway No. 43 (Alabama Highway No. 18) to the east city limit (m.p. 31.10), a distance of 0.42 miles.

(2) On Alabama Highway No. 171, beginning at the South city limit (m.p. 33.65), thence northerly along Alabama Highway No. 171, to Alabama Highway No. 159 (m.p. 34.69), a distance of 1.04 miles.

(b) No person shall operate a motor vehicle at a greater speed than forty-five (45) miles per hour in the following listed zones of the city:

(1) On Alabama Highway No. 18, beginning at west city limit (m.p. 27.43), thence easterly along Alabama Highway No. 18, to 10th Street N.W. (m.p. 28.68), a distance of 1.25 miles.

(2) On Alabama Highway No. 18, beginning at 5th Avenue S.E. (m.p. 30.43), thence easterly along Alabama Highway No. 18, to a point 1,000 feet east of 6th Avenue S.E. (m.p. 30.68), a distance of 0.25 miles.

(3) On Alabama Highway No. 96, beginning at the west city limit (m.p. 30.03), thence easterly along Alabama Highway No. 96, to Alabama Highway No. 18 (m.p. 31.01), a distance of 0.98 miles.

(4) On Alabama Highway No. 159, beginning at the south city limit (m.p. 29.10), thence northerly along Alabama Highway No. 159, to Alabama Highway No. 171 (m.p. 30.03), a distance of 0.93 miles.

(5) On Alabama Highway No. 171, beginning at Alabama Highway No. 159 (m.p. 34.69), thence northerly along Alabama Highway No. 171, to Temple Avenue (m.p. 35.00), a distance of 0.31 miles.

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§ 15-46 TRAFFIC AND MOTOR VEHICLES § 15-49

(6) On U.S. Highway No. 43 (Alabama Highway No. 171), beginning at 19th Street N.W. (m.p. 37.40), thence northerly along U.S. Highway No. 43 (Alabama Highway No. 171), past the north city limit (m.p. 38.64), m.p. 39.59 (within police jurisdiction), a distance of 2.19 miles.

(c) No person shall operate a motor vehicle at a greater speed than thirty-five (35) miles per hour in the following listed zones of the city: (1) On Alabama Highway No. 18, beginning at 10th Street N.W. (m.p. 28.68), thence easterly along Alabama Highway No. 18, to 5th Avenue S.E. (m.p. 30.43), a distance of 1.78 miles. (2) On Alabama Highway No. 171, beginning at Temple Avenue (m.p. 34.70), thence northerly along Alabama Highway No. 171 to Alabama Highway No. 18 (m.p. 35.48), a distance of 0.78 miles. (3) On U.S. Highway No. 43 (Alabama Highway No. 171), beginning at Alabama Highway No. 18 (m.p. 35.48), thence northerly along U.S. Highway No. 43 (Alabama Highway No. 171), to 19th Street N.W. (m.p. 37.40), a distance of 1.92 miles.

(d) No person shall operate a motor vehicle at a greater speed than fifteen (15) miles per hour on the following streets in the city: (1) On Third Avenue N.W. from Columbus Street (Alabama Highway No. 18) to 4th Way N.W. (Ord. of 2-17-75, § 1; Ord. of 12-3-79, § 1; Ord. No. 1997-07, § 2, 8-18-97; Ord. No. 2000-11, §§ I—III, 7-24-00; Ord. No. 2002-05, § 1, 9-19-02) State law reference—Authority of cities to fix speed limits, Code of Ala. 1975, § 11-94-4.

§ 15-47. Speed limits in other areas.

On streets and alleys where the speed limit has not been established and set by the city council, no person shall operate a motor vehicle at a greater speed than thirty-five (35) miles per hour on any streets or alleys not specifically mentioned or set out herein. (Ord. of 2-17-75, § 2; Ord. No. 1997-07, § 3, 8-18-97)

§ 15-48. Speed limits for new territory.

Speed limits, as described above, shall apply so long as the city limits remain as they are this date. In the event the limits are extended, this article shall be revised to properly cover the new territory. (Ord. of 2-17-75, § 3)

§ 15-49. Penalty for violation.

Any person, violating any provision of this article, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars ($500.00), or may be imprisoned in the municipal jail or sentenced to hard labor for the city, for a period of time not exceeding thirty (30) days, or by both such fine and imprisonment; upon

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§ 15-49 TRAFFIC AND MOTOR VEHICLES § 15-49.2

a third or subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than five hundred dollars ($500.00), or may be imprisoned in the municipal jail or sentenced to hard labor for the city for a period not exceeding six (6) months, or by both fine and imprisonment. (Ord. of 2-17-75)

DIVISION 6. TRUCK REGULATIONS*

§ 15-49.1. Definitions.

[The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning.]

Heavy truck as used in this division shall mean and include any tractor-trailer, truck-trailer, trailer, road-trailer, semitrailer, pole trailer or any type of motor vehicle having three (3) or more axles. The above definition shall not include a boat trailer, motor home or utility trailer, as hereinbelow defined.

Utility trailer shall mean and include a trailer primarily designed to be drawn by a passenger car or pickup truck, including luggage trailers, folding or collapsible camping trailers and other small trailers of similar size and function. (Ord. No. 1994-02, § 2, 4-4-94)

§ 15-49.2. Exception.

This division shall not apply to the movement, parking or standing of heavy trucks for the purpose of:

(1) Expeditiously loading or unloading passengers, freight or merchandise;

(2) Street construction, maintenance and repair equipment;

(3) Trucks, equipment, trailers and vehicles engaged in repairing or extending public services or utilities;

(4) Taking on fuel at a service station or facilities located off a designated truck route and traveling to and from such facility; and

(5) Trucks owned by the United States, or any agency thereof; the State of Alabama; or any county or city; nor shall the provision of this section apply to implements of husbandry temporarily propelled or moved upon the streets of the city. (Ord. No. 1994-02, § 3, 4-4-94)

*Editor’s note—Ord. No. 1994-02, adopted April 4, 1994, repealed § 15-49.1 in its entirety. Former § 15-49.1 derived from Ord. No. 1985-01, §§ 1—4, adopted Nov. 4, 1985 and pertained to similar provisions now set out as §§ 15-49.1—15-49.4, as enacted by Ord. No. 1994-02, §§ 1—5.

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§ 15-49.3 TRAFFIC AND MOTOR VEHICLES § 15-52

§ 15-49.3. Routes; designated.

(a) It shall be unlawful for any person to operate a heavy truck, as defined in section 15-49.1, on any street or highway within the city except on streets or highways designated as truck routes as hereinafter described.

(b) The term "truck routes" shall mean and include the following designated streets and highways: (1) State Highway # 96. (2) State Highway # 18. (3) State Highway # 159. (4) State Highway # 171. (5) U.S. Highway # 43. (6) 10th Street, N.W., lying between Temple Avenue, north, and State Highway # 18. (7) County Highway # 35. (Ord. No. 1994-02, §§ 1, 4, 4-4-94)

§ 15-49.4. Penalty for violation.

Any person violating the provisions of this division shall be guilty of a misdemeanor and punishable as provided by law. (Ord. No. 1994-02, § 5, 4-4-94)

ARTICLE II. TAXICABS AND AMBULANCES

§ 15-50. Taxicab defined.

The word "taxicab" or "taxi," as herein used, shall mean any motor vehicle engaged in a business of carrying passengers for a reward and having a seating capacity of not more than seven (7) persons including the driver. (Ord. of 3-19-62, § 2)

§ 15-51 Taxicabs - Franchise or Permit Required

It shall be unlawful for any person, firm, copartnership or corporation to transport persons for hire by any motor vehicle commonly known as a taxicab or taxi, within the corporate limits of the City of Fayette, Alabama, or its police jurisdiction, without first obtaining a franchise or permit, as hereinafter provided, to engage in such business. (Ord. of Mar. 19, 1962, § 1.)

§ 15-52 Taxicabs - Application for Permit

Any persons, firm, co-partnership or corporation, desiring to operate a taxicab business or to drive a taxicab in the City of Fayette, Alabama, or its police jurisdiction, shall first make a

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§ 15-52 TRAFFIC AND MOTOR VEHICLES § 15-55

written application therefor upon a form to be furnished by the clerk of said city, and which application shall be filed with the clerk and may be received by him only if properly filled in. (Ord. of Mar. 19, 1962, § 3; for authority of cities to regulate taxicabs, see: Code of Alabama, tit. 37 § 720.)

§ 15-53 Investigation by Chief of Police

The application, hereinabove referred to, shall be referred to the chief of police of the city by the city clerk for investigation. The chief of police, with the assistance of other police officers of the City of Fayette, shall make a comprehensive investigation of the applicant as to its or his financial responsibility, equipment to be used in the operation of taxicabs, moral standing, whether or not previously convicted for any crime involving moral turpitude, violation of the prohibition laws, traffic violations and such other matters as may involve the ability of the applicant to properly operate a taxicab or taxicabs within the City of Fayette. (Ord. of Mar. 19, 1962, § 4.)

§ 15-54 Permit - Authority of Council to Grant

After making such investigation and the police officers of the City of Fayette are satisfied that the applicant is a fit and proper person safely to operate and to cause the operation of a taxicab or taxicabs in the city and, in all other respects, has complied with the provisions of regulations of the city as cited in this chapter, said police officers shall so report, in writing, to the clerk of the city. The application shall then be referred to the council of the City of Fayette, Alabama, for the granting or refusal of said permit. No application shall be referred to the city council by the city clerk unless a majority of the police officers of the City of Fayette, then employed, shall recommend the granting of such permit or franchise; provided, that in the event said application is not recommended to the city council by said police officers within ten (10) days from the date said application is referred by the clerk to the chief of police of the city, said applicant may, in writing by stating the facts, apply directly to the city council for such permit. No application shall be considered by the council, individually or collectively, until such application is filed with the city clerk, as herein provided, and referred by the city clerk to the chief of police for investigation, as hereinabove provided. (Ord. of Mar. 19, 1962, § 5.)

§ 15-55 Unlawful to Make False Statements in Application

No person, firm, co-partnership or corporation who makes any false statement in the application for a permit shall be granted a permit to drive, or to have a taxicab or taxicabs driven for him on the streets of the city. (Ord. of Mar. 19, 1962, § 6.)

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§ 15-56 TRAFFIC AND MOTOR VEHICLES § 15-58

§ 15-56 Permit - Duties of Holder

Any permit, which may be granted to any person, firm, co-partnership or corporation for the privilege of operating a taxicab or taxicabs or have a taxicab or taxicabs operated for them, is subject to suspension or revocation, or both. It shall be the duty of the person, firm, copartnership or corporation to whom such franchise or permit is granted:

a. To employ careful drivers of reasonably good moral character;

b. Not to employ drivers who are known to be, or suspected to be engaged in the violation of any laws involving moral turpitude or laws against the use of intoxicating liquors or habitual violators of traffic laws; and

c. Not to employ as a driver of any taxicab, or to permit any taxicab to be operated by, any person who has, during the preceding five (5) years, been convicted of any felony, any crime involving moral turpitude or the violation of any law regulating the use of intoxicating liquors. (Ord. of Mar. 19, 1962, § 7.)

§ 15-57 City Council - Right to Revoke or Suspend Permit and License

A permit or franchise, may be revoked or suspended for a breach of any of the duties hereinabove granted, imposed on the holder of such permit. It shall be the duty of the police officers of the City of Fayette, upon receiving information of any violation by any driver or operator of any taxicab, to report such violation or supposed violation, in writing, to the city council of Fayette, Alabama. The council shall appoint three (3) of their number as a committee to investigate such charge and may revoke or suspend such franchise or permit or may, at their discretion, revoke the license of the driver for any such violation; if, in their opinion, it will be in the public interest that such permit or franchise be revoked or the license of such driver be revoked or suspended. It shall be the duty of the city council to suspend or revoke any permit or franchise, granted under authority of this article, whenever the city council is satisfied that it will be to the interest of the public welfare, whether the holder of such permit or franchise or any driver or operator of any taxicab be convicted of the violation of any law herein referred to or not. The operation of taxicabs upon the streets of the city is a mere privilege and not a right. (Ord. of Mar. 19, 1962, § 7.)

§ 15-58 Unlawful for Convicted Felon to Operate Taxicab

It shall be unlawful for any person, who has been convicted of any felony, or any crime involving moral turpitude or public drunkenness or driving while intoxicated or any prohibi- tion law within the preceding five (5) years, to drive or operate a taxicab in the City of Fayette or its police jurisdiction. (Ord. of Mar. 19, 1962, § 8.)

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§ 15-59 TRAFFIC AND MOTOR VEHICLES § 15-63

§ 15-59 Penalty for Violation

Each violation of the provisions hereinabove imposed shall be punishable by a fine of not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars or by a sentence of not more than six (6) months hard labor for the City of Fayette, one or both. (Ord. of Mar. 19, 1962, § 10.)

§ 15-60 Taxicab Fares Set

The fare which shall be charged for taxi service furnished within the City of Fayette shall be as follows: for the first mile or fraction thereof, the charge shall be $1.50; for each additional mile, or fraction thereof, the charge shall be 95 cents; for passengers delaying taxicabs at their request, the charge shall be $5.70 per hour or 95 cents for each ten minutes or fraction thereof. A five minute delay shall be permitted passengers without charge. When more than one fare is carried in the same party, there shall be an extra charge of 50 cents for each person over two. (Ord. of Mar. 19, 1962, § 11; amended by Ord. # 1983-6, Oct. 17, 1983.)

§ 15-61 Rate Card to be Visible

Every taxicab shall carry in it, at all times, an approved rate card issued for the vehicle. The rate card shall contain, in legible type, the name of the vehicle, owner, class of the vehicle, serial number of the vehicle, if any, the date of issuance, and a complete schedule of rates of fare used as ordained by the City Council of the City of Fayette, Alabama.

Such rate card shall be mounted under a transparent cover in the rear compartment of the interior of the taxicab in such a position that it can be easily read by the occupants of the taxicab. (Ord. of Mar. 19, 1962, § 12.)

§ 15-62 Receipt Available Upon Request

The driver of the taxicab shall, if requested, deliver to the person paying for hire of the same at the time of payment a correct receipt therefor. Upon this receipt shall be legibly printed, or written, the name of the owner, the method of identifying the taxicab or its driver, all items for which a charge is made, total amount paid and the date of payment. (Ord. of Mar. 19, 1962, § 13.)

§ 15-63 Insurance Required

No person, firm or corporation shall operate any motor vehicle for the transportation of passengers for hire or in which passengers are offered to be carried for hire, upon the streets of the City of Fayette, Alabama, unless the owner thereof shall have given bond with corporate surety qualified to do business as surety or guaranty company in the State of Alabama, payable to the city, conditioned that the owner shall pay and satisfy all damages to all persons both as to bodily injuries or as to property damages, proximately caused or occasioned by the wrongful or negligent operation of a motor vehicle, or unless a liability insurance policy conditioned to

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§ 15-63 TRAFFIC AND MOTOR VEHICLES § 15-66

pay such damages caused or occasioned by wrongful or negligent operation of such motor vehicle shall have been issued and kept in force by an insurance company qualified to write such insurance in the State of Alabama. The limits of liability on the bond as referred to herein or under insurance policy as referred to herein shall be not less than $10,000 for injury or damage of property arising out of any one accident, nor less than $20,000 for bodily injury to each person but may be subject to a limit of $40,000 for all bodily injuries arising out of any one accident. No bond or insurance policy executed in accordance with the requirements of this section shall be cancelled or otherwise terminated at any time prior to its expiration date, for any reason, until there has been filed with the City of Fayette by the surety or insurance company a notice to such effect at least fifteen (15) days prior to the date of such termination or cancellation. (Ord. of Mar. 19, 1962, § 14; amended by Ord. # 1983-6, Oct. 17, 1983.)

§ 15-64 Ambulances - Insurance Required No ambulance, as defined under the provisions of Section 22-18-1, 1975 Code of Alabama, shall be operated for ambulance purposes and no person, firm or corporation shall operate any ambulance for ambulance purposes within the corporate limits of the City of Fayette unless the owner thereof shall have previously been issued a policy of liability insurance conditioned to pay damages to all persons, both as to bodily injuries and as to property damages, proximately caused or occasioned by the wrongful or negligent operation of such ambulance in an amount of not less than $100,000 per person; $300,000 per occurrence as to bodily injuries; and $100,000 as to property damage. The provisions of this section shall not apply to volunteer rescue squads that are members of the Alabama Association of Rescue Squads, Inc., and which furnish ambulance services to the public. (Ord. # 1981-1, Aug. 17, 1981.)

ARTICLE III - GUTHRIE J. SMITH PARK

§ 15-65 Westernmost Street Named; Designated One-Way The Westernmost street which runs North and South shall be designated as 2nd Avenue, N.E. and the flow of traffic shall be one-way only in a South direction from the point where said street intersects 22nd Street, N.E. to the point where said street intersects 21st Street, N.E. (Ord. # 1982-3, May 17, 1982, § 1.)

§ 15-66 Southernmost Street Named; Designated One-Way The Southernmost street which runs East and West shall be designated as 21st Street, N.E. and the flow of traffic shall be one-way in an Eastern direction from the point where said street intersects 2nd Avenue, N.E. to the point where said street intersects 4th Avenue, N.E. (Ord. # 1982-3, May 17, 1982, § 2.)

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§ 15-67 TRAFFIC AND MOTOR VEHICLES § 15-72

§ 15-67 Easternmost Street Named; Designated Two-Way

The Easternmost street which runs North and South shall be designated as 4th Avenue, N.E. and shall be a two-way street. (Ord. # 1982-3, May 17, 1982, § 3.)

§ 15-68 Northernmost Street Named; Designated Two-Way

The Northernmost street which runs East and West shall be designated as 22nd Street, N.E. and shall be a two-way street. (Ord. # 1982-3, May 17, 1982, § 4.)

§ 15-69 Speed Limit Set in Park

The speed limit on all streets and avenues located in Guthrie J. Smith Park, in the City of Fayette, Alabama, shall be fifteen (15) miles per hour. (Ord. # 1982-3, May 17, 1982, § 5.)

ARTICLE IV. PARKING FOR PHYSICALLY HANDICAPPED

§ 15-70. Reserved.

Editor’s note—Ord. No. 2003-03, § 18, adopted Jan. 23, 2003, repealed § 15-70, which pertained to definitions and derived from Ord. No. 1983-1, § 1, adopted Feb. 7, 1983.

§ 15-71. Providing parking spaces for handicapped persons.

The city engineer is hereby authorized to designate marked parking spaces for the exclusive parking of motor vehicles of handicapped persons. (Ord. No. 1983-1, § 2, 2-7-83; Ord. No. 2003-04, § 19, 1-23-03)

§ 15-72. Identifiable physically handicapped to use spaces.

Any physically handicapped person who has been issued a distinctive license plate decal and a special identification placard displaying the international symbol of access by the Judge of Probate of Fayette County, Alabama, or by a like authority in any other county of the State of Alabama, under the provisions of § 32-6-231, 1975 Code of Alabama, to use such designated parking spaces, may use such parking spaces upon prominent display of such permit on the vehicle so using such designated parking space. (Ord. No. 1983-1, § 3, 2-7-83)

§ 15-73. Reserved.

Editor’s note—Ord. No. 2003-03, § 20, adopted Jan./Feb./March/etc. X, 200X, repealed § X, which pertained to the revocation of a physically handicapped permit and derived from Ord. No. 1983-1, § 4, adopted Feb. 7, 1983.

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§ 15-74 TRAFFIC AND MOTOR VEHICLES § 15-76

§ 15-74. Like spaces may be designated in private parking area. With the consent of the property owner, the city engineer is also authorized to designate certain parking spaces in privately owned parking lots and authorize such spaces to be posted as parking for the handicapped under the provisions of this chapter. The parking spaces so designated in privately owned parking lots shall be subject to all regulations provided in this chapter. (Ord. No. 1983-1, § 5, 2-7-83; Ord. No. 2003-03, § 21, 1-23-03)

§ 15-75. Unlawful to park in spaces without permit. It shall be unlawful for any person to stop, stand or park a vehicle in a parking space designated for the handicapped unless authorized by state law. (Ord. No. 1983-1, § 6, 2-7-83; Ord. No. 2003-03, § 22, 1-23-03)

§ 15-76. Penalty for violation. Any person violating the provision of this article shall be guilty of as Class C misdemeanor as defined and punished by the laws of the State of Alabama. (Ord. No. 1983-1, § 7, 2-7-83)

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Chapter 16

WATER AND SEWERS

ARTICLE I. WATER WORKS BOARD § 16-1. Franchise granted to water works board. § 16-2. Authority to expand mains granted. § 16-3. Agreement by water works board. § 16-4. Terms of franchise. § 16-4.1. Water works board to bill, collect, receipt fees. § 16-5. Premises not to be connected to water system unless written proof is provided that premises is connected to sanitary sewer system. §§ 16-6—16-20. Reserved.

ARTICLE II. SEWERS

DIVISION 1. GENERALLY § 16-21. Definitions. § 16-22. Unsanitary deposits on property. § 16-23. Discharge of polluted waters without treatment. § 16-24. Construction of privies, etc., only as authorized. § 16-25. Required connection to public sanitary sewer. § 16-26. Building permit issuance conditioned on compliance with article. § 16-27. Private systems—Compliance with law; when permitted. § 16-28. Same—Denial or approval of permits; observance of safety rules. § 16-29. Right of entry—Generally. § 16-30. Same—Onto easements. § 16-31. Destruction of property. § 16-32. Remedying prohibited conditions. § 16-33. Liability for expense, etc., occasioned by violation. § 16-34. Discontinuance of sewer and water service to violator. § 16-35. Punitive action and penalties. §§ 16-36—16-40. Reserved.

DIVISION 2. BUILDING SEWER AND CONNECTIONS § 16-41. Building sewer installation, etc., costs and expenses to be borne by owner. § 16-42. Separate and independent building sewer. § 16-43. Use of old building sewer. § 16-44. Building sewer specifications—Installation. § 16-45. Same—Materials. § 16-46. Building sewer elevation. § 16-47. Connection of building sewer to downspouts, etc. § 16-48. Requirements for connecting building sewer to public sewer. § 16-49. Connection permit—Required. § 16-50. Same—Classes; inspection fees. § 16-51. Same—Inspection and supervision of work. § 16-52. Connections to be made by employees of the city.

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WATER AND SEWERS

§ 16-53. Excavations. §§ 16-54—16-60. Reserved.

DIVISION 3. PROHIBITED AND RESTRICTED DISCHARGES; TREATMENT § 16-61. Prohibited discharges to storm sewers and natural waterways. § 16-62. Discharge of unpolluted waters. § 16-63. Untreated discharges prohibited. § 16-64. Discretionary discharges. § 16-65. Options of superintendent. § 16-66. Grease, oil and sand interceptors. § 16-67. Maintenance of preliminary treatment or flow-equalizing facilities. § 16-68. Control manholes. § 16-69. Measurements, tests and analyses. § 16-70. Special agreements and arrangements. §§ 16-71—16-80. Reserved.

DIVISION 4. EXTENDING OF PUBLIC SANITARY SEWERS § 16-81. Submitting plans and specifications. § 16-82. Inspecting engineer. § 16-83. Liability for cost of service of city's engineer. § 16-84. OSHA requirement compliance. §§ 16-85—16-90. Reserved.

DIVISION 5. USER CHARGE SYSTEM § 16-91. Purpose. § 16-92. Definitions. § 16-93. Billing. § 16-94. Requesting review. § 16-95. Operation, maintenance and replacement costs. § 16-96. Notification of rate for operation, maintenance and replacement. § 16-97. Monthly user charge rates. §§ 16-98—16-100. Reserved.

DIVISION 6. HOLDING TANKS § 16-101. Prohibition of the discharge of holding tank waste into the city sewer system. § 16-102. Requirements for discharge of holding tank waste produced from residential or business septic tanks. § 16-103. Requirements for discharge of holding tank waste produced from industrial tanks. § 16-104. Requirement for discharge of holding tank waste produced from chemical toilets, campers, trailers, motor homes, vacuum tank trucks and similar receptacles. § 16-105. Fees due and payable. § 16-106. Penalty. § 16-107. Late fee.

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§ 16-1 WATER AND SEWERS § 16-4.1

ARTICLE I. WATER WORKS BOARD

§ 16-1. Franchise granted to water works board.

There is hereby granted to the Water Works Board of the City of Fayette, Alabama, a corporation, the right, privilege, authority and franchise to acquire, own, maintain, construct, enlarge and operate a water works plant and system in the City of Fayette, Alabama, for the purpose of supplying water to said city and the inhabitants thereof, and the consent of said city is hereby given to said grantee to use the streets, avenues, alleys and public ways and public places of said city for the construction, maintenance and operation of such water works plant and system. (Ord. of 10-6-47, § 1)

§ 16-2. Authority to expand mains granted.

The water works board is hereby granted the right, privilege and authority, at any time and from time to time and without requirement as to permit or fee therefor, to extend its mains over any streets, avenues, alleys, public ways and public places in said city for the purpose of enlarging and extending its said system. (Ord. of 10-6-47, § 2)

§ 16-3. Agreement by water works board.

The water works board shall, and by accepting this franchise agrees, that it will upon making any excavations of the streets, avenues, alleys, public ways and public places of said city for the purpose of constructing, maintaining or operating said system, restore the surface or paving, at the point of such excavations, in substantially the same condition as before such work was done, all as promptly as may be practicable and within a reasonable length of time thereafter. (Ord. of Oct. 6, 1947, § 3)

§ 16-4. Terms of franchise.

The rights, privileges, franchise and authority hereby granted may be exercised by the water works board or any of its successors and assigns, all subject nevertheless to the conditions and obligations herein contained. (Ord. of Oct. 6, 1947, § 4)

§ 16-4.1. Water works board to bill, collect, receipt fees.

The Water Works Board of the City of Fayette, Alabama, a corporation, is authorized and empowered to bill, collect and receipt for fees for sanitary sewer service in the City of Fayette, Alabama, effective October 1, 1982. The City of Fayette hereby agrees to indemnify and hold harmless the water board for any actions or causes of action arising from the undertaking hereof. (Res. No. 1982-12, 8-30-82)

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§ 16-5 WATER AND SEWERS § 16-21

§ 16-5. Premises not to be connected to water system unless written proof is provided that premises is connected to sanitary sewer system.

No dwelling, building or other premises shall be connected or reconnected to the water system of the water works board of the city unless and until the water works board receives written confirmation from the city that the dwelling, building or other premises is connected to the city's sewer system or has a private disposal system as permitted under this chapter. (Ord. No. 2000-03, § 1, 9-18-00)

§§ 16-6—16-20. Reserved.

ARTICLE II. SEWERS*

DIVISION 1. GENERALLY.

§ 16-21. Definitions.

Unless the context specifically indicates otherwise, the meaning of the terms used in this article shall be as follows:

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees C. expressed in milligrams per liter.

Building drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet outside the outer face of the building wall.

Building sewer shall mean the extension from the building drain to the public sewer or other place of disposal.

CFR is an abbreviation for Code of Federal Regulations.

Combined sewer shall mean a sewer receiving both surface runoff and sewage.

Garbage shall mean solid wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage, and sale of produce.

Industrial wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

Natural outlet shall mean any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

*Editor’s note—Ord. Nos. 1990-8 and 1990-9, adopted Oct. 1, 1990, pertaining to sewer use, have been deemed as superseding Article II, pertaining to similar subject matter, as derived from ordinances adopted Aug. 21, 1961, July 29, 1963, Oct. 7, 1963, April 10, 1972, Jan. 3, 1972 and Ord. No. 1982-7, adopted Aug. 30, 1982.

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§ 16-21 WATER AND SEWERS § 16-21

OSHA is an abbreviation for Occupational Safety and Health Administration.

Person shall mean any individual, firm, company, association, society, corporation, or group.

pH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage shall mean the wastes from the preparation, cooking of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half-inch in any dimension.

Public sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

Sewage shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

Sewage treatment plant shall mean any arrangement of devices and structures used for treating sewage.

Sewage works or sewage system shall mean all facilities for collecting, pumping, treating, and disposing sewage.

Sewer shall mean a pipe or conduit for carrying sewage.

Shall is mandatory, may is permissive.

Slug shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four hour concentration of flows during normal operation.

Storm drain (sometimes termed storm sewer) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpol- luted cooling water.

Superintendent shall mean the responsible person of the City of Fayette or his authorized deputy, agent, or representative, and/or the city's engineer. (While superintendent as used herein, can also be the city's engineer, the city's engineer, used hereinafter, does not mean superintendent.

Suspended solids shall mean solids that are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

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§ 16-21 WATER AND SEWERS § 16-26

Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. (Ord. No. 1990-9, Art. I, §§ 1—24, 10-1-90)

§ 16-22. Unsanitary deposits on property.

It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City of Fayette or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectional waste. (Ord. No. 1990-9, Art. II, § 1, 10-1-90)

§ 16-23. Discharge of polluted waters without treatment.

It shall be unlawful to discharge to any natural outlet within the City of Fayette, or in any area under the jurisdiction of said city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this article. (Ord. No. 1990-9, Art. II, § 2, 10-1-90)

§ 16-24. Construction of privies, etc., only as authorized.

Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. No. 1990-9, Art. II, § 3, 10-1-90)

§ 16-25. Required connection to public sanitary sewer.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purposes, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this within ninety (90) days after date of written notice to do so, provided that said public sewer is within two hundred (200) feet of the property line. (Ord. No. 1990-9, Art. II, § 4, 10-1-90)

§ 16-26. Building permit issuance conditioned on compliance with article.

No building permit for construction of new buildings nor modification of existing buildings shall be issued unless the plans for the new building include provisions of the use of public sewers as required in section 16-21 and Division 2. (Ord. No. 1990-9, Art. II, § 5, 10-1-90)

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§ 16-27 WATER AND SEWERS § 16-30

§ 16-27. Private systems—Compliance with law; when permitted.

The disposal of sewage by means other than the use of available sanitary sewage system shall be in accordance with local county and state law. The disposal of sewage by private disposal system shall be permissible only in those instances where service from the public sanitary sewerage system is not available. (Ord. No. 1990-9, Art. III, § 1, 10-1-90)

§ 16-28. Same—Denial or approval of permits; observance of safety rules.

(a) The city shall have authority to approve or reject private sewage disposal facilities in accordance with a standard set of plans and specifications for installation of such facilities. Permits for these facilities should be issued when approved and periodic inspection should be made by the plumbing inspector or the local health department depending on who issues the permits.

(b) While performing the necessary work on private properties referred to in section 16-29, the superintendent or duly authorized employees of the city shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the city's employees and the city shall indemnify the company and growing out of the gauging and sampling operation, expect as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 16-68. (Ord. No. 1990-9, Art. III, VIII, § 2, 10-1-90)

§ 16-29. Right of entry—Generally.

The superintendent and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provision of this article. The superintendent, or his representatives, shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond the point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. No. 1990-9, Art. VIII, § 1, 10-1-90)

§ 16-30. Same—Onto easements.

The superintendent and other duly authorized employees of the city bearing proper credentials and identifications shall be permitted to enter all private properties through which the board holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. No. 1990-9, Art. VIII, § 3, 10-1-90)

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§ 16-31 WATER AND SEWERS § 16-40

§ 16-31. Destruction of property.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Ord. No. 1990-9, Art. VII, § 1, 10-1-90)

§ 16-32. Remedying prohibited conditions.

Any person found to be violating any provision of this article except Division 4 shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Nothing in this section shall preclude an initial, informal, verbal notice of the violation. (Ord. No. 1990-9, Art. IX, § 1, 10-1-90)

§ 16-33. Liability for expense, etc., occasioned by violation.

Any person violating any of the provisions of this article shall become liable to the board for any expense, loss, or damage occasioned the board by reason of such violation. (Ord. No. 1990-9, Art. IX, § 2, 10-1-90)

§ 16-34. Discontinuance of sewer and water service to violator.

Any person who shall continue any violation beyond the time limit provided for in section 16-32, shall, in the sole option of the superintendent, have his sewer and/or also at the sole option of the superintendent have his water service disconnected. (Ord. No. 1990-9, Art. IX, § 3, 10-1-90)

§ 16-35. Punitive action and penalties.

The city shall have the right to impose punitive action and penalties due to malicious damage caused to sewage works or treatment works or any such facilities and all appurte- nances. Such penalties and action shall be in accordance with such regulations adopted by the Fayette City Council and published, or, to the extent required to replace or repair such damage (to include all labor, materials, fines, expenses and incidentals plus penalty fees, and such action required to prevent malicious damage in the future.) (Ord. No. 1990-9, Art. IX, § 4, 10-1-90)

§§ 16-36—16-40. Reserved.

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§ 16-41 WATER AND SEWERS § 16-45

DIVISION 2. BUILDING SEWER AND CONNECTIONS

§ 16-41. Building sewer installation, etc., costs and expenses to be borne by owner.

All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner of the building sewer. The owner shall indemnify the city from any loss or damage they may directly or indirectly be occasioned by the installation of the building sewer. (Ord. No. 1990-9, Art. IV, § 3, 10-1-90)

§ 16-42. Separate and independent building sewer.

A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Ord. No. 1990-9, Art. IV, § 4, 10-1-90)

§ 16-43. Use of old building sewer.

Old building sewers may be used in connection with new building only when they are found, on examination and test by the superintendent, to meet all requirements of this article. (Ord. No. 1990-9, Art. IV, § 5, 10-1-90)

§ 16-44. Building sewer specifications—Installation.

The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplifications thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C. F. Manual of Practice No. 9 shall apply. (Ord. No. 1990-9, Art. IV, § 6, 10-1-90)

§ 16-45. Same—Materials.

Building sewers shall be of P.V.C. (SDR 36 or stiffer), extra strength V.C., cast/Ductile iron, or C.I.S.P., and shall have minimum diameter of four (4) inches. Building sewers with less than two (2) feet of cover shall be iron. Larger diameter pipe may be required by the superintendent if estimated flow so indicate. Minimum building sewer slope shall be one-eighth-inch per foot, with one-fourth-inch per foot the normal slope. Fittings shall be designed for use with the pipe so grout joints are not necessary. "O" rings or gasket joints of P.V.C. or rubber shall be used. Clean outs shall be subject to approval by the superintendent. Building sewers shall not be covered until approved in place, by the superintendent. Building sewers shall be laid on the

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§ 16-45 WATER AND SEWERS § 16-50

crushed stone base. Backfill shall be completed, in layers and graded to prevent entrance of surface water to the trench. The superintendent may order concrete protection of shallow building sewers. (Ord. No. 1990-9, Art. IV, § 13, 10-1-90)

§ 16-46. Building sewer elevation.

Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (Ord. No. 1990-9, Art. IV, § 7, 10-1-90)

§ 16-47. Connection of building sewer to downspouts, etc.

No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. Any existing such connection found shall be disconnected and the building sewer repaired to the satisfaction of the superintendent. (Ord. No. 1990-9, Art. IV, § 8, 10-1-90)

§ 16-48. Requirements for connecting building sewer to public sewer.

The connection of building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulation of the city, or the procedures set forth in appropriate specification of the A.S.T.M. and the W.P.C.F. Manual Practice No. 9. All such connection shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (Ord. No. 1990-9, Art. IV, § 9, 10-1-90)

§ 16-49. Connection permit—Required.

No person shall uncover, make any connection with or open into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City of Fayette, in addition to any (and all) permits required by the city. (Ord. No. 1990-9, Art. IV, § 1, 10-1-90)

§ 16-50. Same—Classes; inspection fees.

There shall be two (2) classes of building sewer permits:

(1) For residential and commercial service, and

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§ 16-50 WATER AND SEWERS § 16-60

(2) For service to establishments producing industrial wastes.

In either case, the owner or his agent shall make application in a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgement of the city. A current published permit and inspection fee shall be charged for residential, commercial building or industrial building and shall be paid to the city at the time the application is filed. (Ord. No. 1990-9, Art. IV, § 2, 10-1-90)

§ 16-51. Same—Inspection and supervision of work.

The applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative. The building sewer shall not be covered until approval for backfill has been given by the superintendent. (Ord. No. 1990-9, Art. IV, § 11, 10-1-90)

§ 16-52. Connections to be made by employees of the city.

Except in cases where the superintendent shall otherwise approve, in writing as a permit condition, all connection to existing sewers shall be made by employees of the city. The connecting building sewers installed by the city shall include, tap (or wye) and sufficient building service line to extend the building sewer to at least three (3) feet beyond the street's traveled way, pavement, curb and/or sidewalk, on the side of those facilities nearest the proposed building to be served. At that point the city will install a plug, pending extension of the building sewer by the permittee. The city shall charge a current published fee for its costs in making the sewer connection, and building sewer extension, as described above. That fee shall be payable when the permit is obtained. (Ord. No. 1990-9, Art. IV, § 10, 10-1-90)

§ 16-53. Excavations.

All excavation for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Street, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner that is satisfactory to the city. (Ord. No. 1990-9, Art. IV, § 12, 10-1-90)

§§ 16-54—16-60. Reserved.

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§ 16-61 WATER AND SEWERS § 16-63

DIVISION 3. PROHIBITED AND RESTRICTED DISCHARGES; TREATMENT

§ 16-61. Prohibited discharges to storm sewers and natural waterways.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer, nor shall a person discharge sanitary or industrial wastewater to any storm sewer or natural waterway. (Ord. No. 1990-9, Art. V, § 1, 10-1-90)

§ 16-62. Discharge of unpolluted waters.

Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the Alabama Department of Environmental Management. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Alabama Department of Environmental Management, to a storm sewer, or natural outlet. (Ord. No. 1990-9, Art. V, § 2, 10-1-90)

§ 16-63. Untreated discharges prohibited.

No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers: (Pretreatment shall be provided, if necessary to meet these standards.)

(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.

(2) Any waters or wastes containing toxic or poisonous solids, liquids, or gasses in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

(3) Any waters or wastes having pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to piping structures, equipment, and personnel or the sewage works.

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction of the flowing sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinder, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, paper dishes, cups, milk container, etc., either whole or ground by garbage grinders. (Ord. No. 1990-9, Art. V, § 3, 10-1-90)

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§ 16-64 WATER AND SEWERS § 16-64

§ 16-64. Discretionary discharges.

No persons shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.

In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration of such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, and other pertinent factors.

The substances prohibited are:

(1) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees F. (65 degrees C.)

(2) Any water or waste containing fats, wax, grease, or oils, whether emulsified or not in excess of one hundred mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150) degrees F.

(3) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower or greater shall be subject to the reviews and approval of the superintendent.

(4) Any waters or wastes containing strong acid, iron pickling wastes, or concentrated plating solutions, whether neutralized or not.

(5) Any waters or wastes containing iron, chromium, copper, zinc, cyanide, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine require- ment, to such degree that any such material received in the composite sewage at the sewage treatment works exceed the limits established by the superintendent and/or the Alabama Department of Environmental Management of such materials.

(6) Any water or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the superinten- dent as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal, or other public agencies or jurisdictions for such discharge to the receiving waters.

(7) Any radioactive wastes or isotopes of such half-life concentration as may exceed limits established by the superintendent in compliance with applicable state and federal regulations.

(8) Any waters or wastes having a pH in excess of 9.5.

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§ 16-64 WATER AND SEWERS § 16-65

(9) Material which exert or cause: a. Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). b. Excessive discolorations (such as, but not limited to, dye wastes and vegetable tanning solutions). c. Unusual BOD (above 300 mg/l), chemical oxygen demand, or chlorine require- ment in such quantities as to constitute a significant load on the sewage treatment works.

d. Unusual volume or flow or concentration of waste constituting "slugs" and defined herein.

(10) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

(11) Waters or wastes containing suspended solids in excess of 300 mg/l. (Ord. No. 1990-9, Art. V, § 4, 10-1-90)

§ 16-65. Options of superintendent.

(a) If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substance or possess the characteristics enumerated in section 16-64 of this article, and which in the judgment of the superintendent, and/or the Alabama Department of Environmental Management, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may:

(1) Reject the wastes;

(2) Require pretreatment to an acceptable condition for discharge to the public sewers;

(3) Require control over the quantities and rates of discharge; and/or

(4) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 16-70 of this article.

(b) If the superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the board's engineer and the Alabama Department of Environmental Management and subject to the requirements of all applicable codes, ordinances, and laws. (Ord. No. 1990-9, Art. V, § 5, 10-1-90)

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§ 16-66 WATER AND SEWERS § 16-69

§ 16-66. Grease, oil and sand interceptors.

Grease, oil, and sand interceptors shall be provided when, in the opinion of the superin- tendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. No. 1990-9, Art. V, § 6, 10-1-90)

§ 16-67. Maintenance of preliminary treatment or flow-equalizing facilities.

Where preliminary treatment of flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. Tests as necessary to confirm the adequacy of retreatment, shall be at the owner's expense. (Ord. No. 1990-9, Art. V, § 7, 10-1-90)

§ 16-68. Control manholes.

When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meter and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the property owner, at his expense and shall be maintained by him so as to be safe and accessible at all times. (Ord. No. 1990-9, Art. V, § 8, 10-1-90)

§ 16-69. Measurements, tests and analyses.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater", published by the American Public Health Association and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole as been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards of life, and limb, and property. (The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four- hour composite of all outfalls whereas pH's are determined from periodic grab samples.) (Ord. No. 1990-9, Art. V, § 9, 10-1-90)

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§ 16-70 WATER AND SEWERS § 16-83

§ 16-70. Special agreements and arrangements.

No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefore, by the industrial concern. (Ord. No. 1990-9, Art. V, § 10, 10-1-90)

§§ 16-71—16-80. Reserved.

DIVISION 4. EXTENDING OF PUBLIC SANITARY SEWER

§ 16-81. Submitting plans and specifications.

Any person desiring to extend a public sanitary sewer (That is, any sanitary sewer other than a building sewer) shall submit to the city for review by the city's engineer, plans and specifications for the proposed extension in two (2) copies. Those plans and specifications shall have been prepared and sealed by the engineer registered as a professional engineer in the state of Alabama and shall conform to all requirements of the ADEM and the city with regard to materials, slopes, alignment, pipe diameters, manhole diameters, compaction and backfill of trenches, pavement replacement, and other construction details. The city shall not issue a permit for extension of a public sanitary sewer until the city engineer has examined the plans and specifications noting that the documents are released for construction. The city's engineer shall contact the engineer (whose seal appears on the plans and specifications) if any discrepancies and/or revisions or corrections are found necessary to the submitted plans and specifications. Copies of the city's Standard Specifications for Sanitary Sewer may be obtained from the office of the city's engineer, or at the office of the city, at a current published price, or may be inspected at either office, at no charge. (Ord. No. 1990-9, Art. VI, § 1, 10-1-90)

§ 16-82. Inspecting engineer.

During construction of sewer extensions, the person desiring that construction shall, during construction of the sewer, furnish inspection by a qualified representative of the engineer whose seal appears on the plans and specifications prior to discharge of sewage to the sewer. (Ord. No. 1990-9, Art. VI, § 2, 10-1-90)

§ 16-83. Liability for cost of service of city's engineer.

The cost to the city of the city's engineer in providing the review of the plans and specification shall be charged to the person desiring to construct that public sewer extension with the amount of the billing to be determined based on the city's engineer's normal billing rate to the city. (Ord. No. 1990-9, Art. VI, § 3, 10-1-90)

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§ 16-84 WATER AND SEWERS § 16-92

§ 16-84. OSHA requirement compliance.

All pertinent and applicable OSHA requirements shall be met in relation to the construction or operation of the sewer facilities or system. (Ord. No. 1990-9, Art. VI, § 4, 10-1-90)

§§ 16-85—16-90. Reserved.

DIVISION 5. USER CHARGE SYSTEM

§ 16-91. Purpose.

It is determined and declared to be necessary and conducive to the protection of the public health, safety, welfare and convenience of the City of Fayette to collect charges from all users who contribute wastewater to the city's treatment works. The proceeds of such charges so derived will be used for the purpose of operating and maintaining the public wastewater treatment works. (Ord. No. 1990-8, Art. I, 10-1-90)

§ 16-92. Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this article shall be as follows:

BOD (denoting biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation or organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees C., expressed in milligrams per liter (mg/l).

Commercial user shall mean all retail stores, restaurants, office buildings, laundries, and other private business and service establishments.

Governmental user shall include legislative, judicial, administrative, and regulatory activ- ities of federal, state, and local governments.

Industrial user shall include any nongovernmental, nonresidential user of publicly owned treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions; Division A-Agriculture, Forestry, Fishing; Division B-Mining; Division D-Manufac- turing; Division E-Transportation, Communications, Electric, Gas and Sanitary; and Division I-Services.

Institutional user shall include social, charitable, religious, and educational activities such as schools, churches, hospitals, nursing homes, penal institutions and similar institutional users.

Large commercial user shall mean a commercial user that uses more than ten thousand (10,000) gallons of water per month.

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§ 16-92 WATER AND SEWERS § 16-92

Normal domestic wastewater shall mean wastewater that has a BOD concentration of not more than three hundred (300) mg/l and a suspended solids concentration of not more than three hundred (300) mg/l.

Operation and maintenance shall mean those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities and other items which are necessary for managing and which such works were designed and constructed. The term "operation and maintenance" includes replacement as defined in this section.

Replacement shall mean expenditures for obtaining and installing equipment, accessories or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

SS (denoting suspended solids) shall mean solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.

Shall is mandatory; May is permissive.

Small commercial user shall mean a commercial user that uses less than ten thousand (10,000) gallons of water per month.

Treatment works shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, pumping, power and other equipment and their appurtenances; extensions improvement, remodeling additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

Useful life shall mean the estimated period during which a treatment works will be operated.

User charge shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

Water meter shall mean a water volume measuring and recording device, furnished and/or installed by the water works board of the city. (Ord. No. 1990-8, Art. II, §§ 1—2, 10-1-90)

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§ 16-93 WATER AND SEWERS § 16-97

§ 16-93. Billing. (a) All users shall be billed monthly. Billings for any particular month shall be made within ten (10) days after the end of the month. Payments are due within fifteen (15) days after the end of the month. Any payment not received by that date shall be delinquent. (b) A late payment penalty of ten (10) percent of the user charge bill will be added to each delinquent bill. (c) When any bill (including interest and penalty) remains unpaid for one year after the date due, such bill shall be recorded in the land records of Fayette County by the city clerk and shall constitute a lien on the property. If such lien (including interest and penalty) remains unpaid for a period of one (1) year after date of recordation, such property shall be subject to public sale by the city clerk. (Ord. No. 1990-8, Art. V, §§ 1—3; Ord. No. 1990-11, §§ 1, 2, 11-5-90)

§ 16-94. Requesting review. (a) Any user who feels his user charge is unjust and inequitable may make written application to the city requesting a review of his user charge. Said written request shall, where necessary, show the actual or estimated average low and/or strength of his wastewater in comparison with the values upon which measurements or estimates were made. (b) Review of the request shall be made by the city and if substantiated, the user charges for that user shall be recomputed based on the revised flow and/or strength data and the new charges shall be applicable to the next billing cycle/period. (Ord. No. 1990-8, Art. VI, §§ 1, 2, 10-1-90)

§ 16-95. Operation, maintenance and replacement costs.

The city will review the user charges at least annually and revise the rates as necessary to ensure that adequate revenues are generated to pay the cost of operation and maintenance including replacement and that the system continues to provide for the proportional distribu- tion of operation and maintenance including replacement costs among users and user classes. (Ord. No. 1990-8, Art. VII, § 1, 10-1-90)

§ 16-96. Notification of rate for operation, maintenance and replacement.

The city will notify each user at least annually of the rate being charged for operation, and maintenance including replacement of the treatment works. (Ord. No. 1990-8, Art. VII, § 2, 10-1-90)

§ 16-97. Monthly user charge rates. The following monthly user charge rates shall be paid for operation maintenance, replace- ment, and debt service: (a) Residential and small commericial: First 2,000 gallons, minimum ...... $17.50

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§ 16-97 WATER AND SEWERS § 16-101

2,001—10,000 gallons, per 1,000 gallons...... 1.75 Over 10,000 gallons, per 1,000 gallons ...... 1.45 (b) Large commercial and industrial: First 10,000 gallons, minimum ...... 48.99 Over 10,000 gallons, per 1,000 gallons ...... 0.903 (Ord. No. 2002-02, § 2, 9-5-02; Ord. No. 2008-07, § 5, 11-17-08; Ord. No. 2009-04, § 3, 6-24-09)

§§ 16-98—16-100. Reserved.

DIVISION 6. HOLDING TANKS

§ 16-101. Prohibition of the discharge of holding tank waste into the city sewer system. (a) No person shall discharge holding tank waste into the city sewer system without first complying with the requirements as set forth below. (b) Unless the context specifically indicates otherwise, the term "holding tank waste" shall have the following meaning: Any waste from holding tanks, such as chemical toilets, campers, trailers, motor home, septic tanks, vacuum tank trucks and similar receptacles. (Ord. No. 1996-18, § 1, 11-18-96)

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§ 16-102 WATER AND SEWERS § 16-103

§ 16-102. Requirements for discharge of holding tank waste produced from residen- tial or business septic tanks.

(a) Any person or entity desiring to discharge holding tank waste produced from residential or business septic tanks into the city sewer system shall first make written application with the city and obtain the approval of the city for said discharge. The person making application for said discharge and the person conducting said discharge shall hold a valid certificate from the health department of the State of Alabama.

(b) Only tank waste that is allowed by the sewer use ordinance of the city (§ 16-21 et seq.), shall be discharged into the sewer system. No waste prohibited by the sewer use ordinance shall be discharged into the sewer system, nor shall industrial sludge be discharged into the sewer system.

(c) The holding tank waste shall only be discharged at the location designated by the city wastewater superintendent.

(d) The rate for the discharge of holding tank waste produced from residential or business septic tanks shall be fifteen dollars ($15.00) per one thousand (1,000) gallons.

(e) There shall be a minimum charge of fifteen dollars ($15.00) per discharge of holding tank waste into the city sewer system. (Ord. No. 1996-18, § 2, 11-18-96; Ord. No. 1998-03, § 1, 3-2-98)

§ 16-103. Requirements for discharge of holding tank waste produced from indus- trial tanks.

(a) Any person or entity desiring to discharge holding tank waste produced from industrial tanks into the city sewer system shall first make written application to the city and obtain the approval of the city for said discharge. The person making said application and the person conducting said discharge shall hold a valid certificate from the health department of the State of Alabama. The applicant must acquire a state indirect discharge permit issued by the Alabama Department of Environmental Management prior to disposal of industrial waste into the city sewer system. The applicant must also perform analysis of said industrial waste as determined to be necessary by the city wastewater superintendent prior to disposal in the city's wastewater treatment plant.

(b) Only holding tank waste that is allowed by the said sewer use ordinance of the city shall be discharged into the sewer system. No waste prohibited by the sewer use ordinance shall be discharged into the sewer system nor shall industrial sludge be discharged into the sewer system.

(c) The holding tank waste shall only be discharged at the location designated by the city wastewater superintendent.

(d) The city council of the city shall determine an appropriate fee for accepting industrial holding tank waste on a case by case basis. (Ord. No. 1996-18, § 3, 11-18-96)

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§ 16-104 WATER AND SEWERS § 16-106

§ 16-104. Requirement for discharge of holding tank waste produced from chemical toilets, campers, trailers, motor homes, vacuum tank trucks and similar receptacles.

(a) Any person or entity desiring to discharge holding tank waste produced from chemical toilets, campers, trailers, motor homes, vacuum tank trucks and similar receptacles into the city sewer system shall first make written application to the city and obtain the approval of the city for said discharge. The person conducting said discharge shall hold a valid certificate from the health department of the State of Alabama.

(b) Only holding tank waste that is allowed by the said sewer use ordinance of the city shall be discharged into the sewer system. No waste prohibited by the sewer use ordinance shall be discharged into the sewer system nor shall industrial sludge be discharged into the sewer system.

(c) The holding tank waste shall only be discharged at the location designated by the city wastewater superintendent.

(d) The city council of the city shall determine an appropriate fee for accepting industrial holding tank waste produced from chemical toilets, campers, trailers, motor homes, vacuum tank trucks and similar receptacles on a case by case basis. (Ord. No. 1996-18, § 4, 11-18-96)

§ 16-105. Fees due and payable.

The fee charged under the provisions of this division, except as otherwise provided, shall be due and payable monthly on or before the twentieth day of the month next succeeding the month in which the holding tank waste is discharged. On or before the twentieth day of each month after the ordinance shall have taken effect, every person who is discharging holding tank waste into the city sewer system whom the amounts fees levied by this division are imposed shall render to the city, on a form prescribed by the city, a true and correct statement showing the amount of holding tank waste discharged into the city sewer system for the next preceding month, together with such other information as the city may require, and at the time of making such monthly report such person shall compute the holding tank discharge fee due and shall pay to the city the amounts shown to be due. (Ord. No. 1997-14, § 1(5), 9-15-97)

§ 16-106. Penalty.

If any person subject to this division fails to render any report required hereby or should violate any other provision hereof, he shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars ($500.00) to which may be added confinement in jail for a period not exceeding six (6) months. (Ord. No. 1997-14, § 1(6), 9-15-97)

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§ 16-107 WATER AND SEWERS § 16-107

§ 16-107. Late fee. In addition to all other penalties, fines and punishments imposed in this article, any person, firm or corporation who fails to submit a report as required by the twentieth day of each month shall pay a late fee of twenty-five dollars ($25.00). (Ord. No. 1997-14, § 1(7), 9-15-97)

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Chapter 17

ZONING*

*Editor’s note—Ordinance No. 1990-10, Arts. I—XIV, adopted July 15, 1996, is on file in the office of the city clerk.

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APPENDIX

APPENDIX

STATE MISDEMEANORS

Animal Regulations

State laws on the subject of animal regulation are found in Title 3, Code of Alabama.

Section 4. Unlawful to allow dogs to run at large which kill sheep or fowl.

Section 5. Authority to prevent dogs from running at large recognized a municipal power.

Section 8. Unlawful to destroy "dipping vat" of another.

Section 9. Unlawful to kill animals.

Section 11. Unlawful or malicious killing of dogs.

Section 58. Failure to sequester horse or other animal having glanders or other fatal disease.

Section 59. Bull more than twelve months old running at large, penalty for.

Section 60. When bodies of dead animals must be burned or buried.

Section 78. Unlawful for stock to run at large on public property.

Section 87. Provides for municipal pounds for stock enclosure.

Section 94. Provides that municipal stock laws are not repealed.

Section 100. Prohibits stock running at large in city of 5,000 or more.

Section 101. Authorizes all municipalities to adopt stock law ordinances providing for the impoundment of stock running at large and providing for collection of penalties, fees and fines.

Conservation

State laws relating to conservation, hunting and fishing are found in Title 8, Code of Alabama.

Section 35. Hunting without a license.

Section 41. Fishing without a license.

Section 44(1). Making false statement to officer authorized to issue license.

Section 44(2). Altering license.

Section 44(3). Lending license.

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Fishing Laws Title 8, Section 60. Game fish designated.

Section 61. Commercial fish designated.

Section 63. Sale of game fish prohibited.

Section 64. Game fish must be transported openly.

Section 65. Limit on transportation or shipment of game fish out of state.

Section 66. Unlawful to catch game fish other than as prescribed.

Section 67. Game fish may not be used as bait.

Section 69(1). Unlawful for persons other than owner to take fish from running up rivers or creeks.

Section 79. Poisoning stream or using explosives to catch fish unlawful.

Section 79(1). Unlawful to take fish by any means not expressly allowed; penalties.

Section 80. Unlawful for officer, court or warden to fail to enforce provisions.

Section 81(1)-81(12). Manner and place of commercial fishing regulated.

Section 81(11). Penalty for violation of above.

Section 81(13)-81(28). Commercial fishing gear regulated; penalties.

Section 82-110. Game, bird and trapping laws; penalties.

Conservation: Forest Lands

Section 204. Punishment for willful, malicious or wantonly negligent setting of fire to woods, etc.

Section 211. Unlawful to attach wires to trees along any street in a municipality.

Section 212. Unlawful removal of flowers from shrubbery of another without consent.

Section 213. Unlawful injury or destruction of tree, plant, etc., of another without consent.

Section 214. Aiding and abetting in violation of 212 and 213, above.

Section 215. Penalty for violation of 213, 214 or 215, above.

Section 217. Unlawful to cut or mutilate trees along municipal street without consent of mayor.

Section 218(1). Unlawful cutting, removing, etc., of timber or forest products; penalty.

Misdemeanors Under State Law - Title 14

Section 4. Parent or guardian consenting to taking of a female under 21 years old for prostitution.

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Section 9. Abortion

Section 10. Making and certifying false abstracts of title.

Section 11. Abusive, insulting or obscene language in hearing of a family dwelling or in presence or hearing of a female.

Section 12. Abusive or threatening letters.

Section 16. Living in adultery.

Section 17. Affray.

Section 33. Assault - assault and battery.

Section 34. Assault and battery with weapon.

Section 36. Dangerous weapons - drawing or threatening use.

Section 42. Attempt - to commit crimes listed.

Section 49. Blackmail.

Section 51. Injuring, breaking or taking boat from mooring.

Section 52. Withholding state institution books from inspection of any officer entitled to examine same.

Section 54. Conspiracy, combination or agreement to interfere with or hinder business.

Section 57. Threatening person in lawful business.

Section 58. Maintaining blacklist.

Section 60. Taking possession of property or instrumentality of another.

Section 61. Teaching, printing books or papers or organizing persons to violate provisions of criminal law.

Section 78. Influencing a juror.

Section 79. Influencing a witness.

Section 80. Defacing public or private buildings or fences.

Section 81. Bills - posting on buildings, etc.

Section 82. Fences - maliciously or negligently breaking or destroying.

Section 83. Defacing legal notices.

Section 84. Injury to public utilities.

Section 90. Possessing burglar's tools.

Section 91. Failure of butchers to keep records of animals killed.

Section 93. Emitting and circulating change bills.

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Section 95. Keeping a cockpit - cock fighting.

Section 101. Conspiring to commit a misdemeanor.

Section 108. Removing dead body from grave.

Section 110. Buying dead bodies unlawfully removed from grave.

Section 113. Defacing tombstones or shrubbery.

Section 115. Destroying property of another.

Section 116. Disturbing women at public assembly.

Section 117. Disturbing religious worship.

Section 118. Disturbing school assemblies.

Section 119. Disturbing lawful meetings.

Section 120. Public drunkenness.

Section 120(1). Being on public road under influence of alcoholic beverages.

Section 125(1). Fireworks regulations.

Section 129. Unlawful use of county or municipal funds.

Section 141. Miscellaneous offenses re public funds.

Section 157. Escapes.

Section 159. Aiding escape from officer's custody.

Section 160. Extortion - officer knowingly receiving fee greater than that allowed by law.

Section 161. Carrying concealed bowie knife - pistol - or firearm.

Section 164. Carrying brass knuckles - slingshot, etc.

Section 167. Presenting firearms at another.

Section 170. Selling pistol or bowie knife to a minor.

Section 174. Persons forbidden to possess pistols.

Section 175. Must have license to carry pistol concealed.

Section 178. No delivery of pistol to minor or person forbidden to have same.

Section 179. Sales of pistols regulated.

Section 180. Pistol dealers license.

Section 186. Penalties under State law relating to pistols.

Section 187. Fire escapes required on buildings over two stories.

Section 190. Desecrating flag - using flag for advertising purposes.

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Section 198. Forcible entry and unlawful detainer.

Section 210. Obtaining property under false pretenses.

Section 211. Untrue advertising.

Section 212. Advertisements must be so marked in newspaper and magazines.

Section 225. Selling coal except at weight and measure prescribed by law.

Section 230. Doing business under assumed name.

Section 241. Billiard room licenses - application to municipal clerk.

Section 243. Municipal authority to fix license and regulations of billiard rooms.

Section 253. Violation by billiard room keeper of any law pertaining thereto.

Section 255. No license issued where prohibited by municipal ordinance.

Section 259. Selling or buying pools or books on horse racing.

Section 261. Book making - pool selling.

Section 263. Playing cards or gaming at public houses and public places.

Section 265. Keeping gaming table.

Section 267. Betting at cards or dice.

Section 270. Proprietors permitting gaming.

Section 271. Renting room for gaming purposes.

Section 274. Judicial and executive officers authority and duty in gaming cases.

Section 275. Lotteries forbidden.

Section 276. Wheels of fortune, slot machines, devices of chance forbidden.

Section 282. Juries and duty of municipal officers in pool selling and lottery cases.

Section 283. Suppression of gambling devices.

Section 293. Gaming places declared common nuisances.

Section 302(1). Possession and transportation of lottery paraphernalia - seizure of vehicles used therefor.

Section 302(8). Possession of Federal Gaming Stamp prima facie evidence of violation of gambling laws.

Section 303-312. Offenses concerning gas, steam or electric utilities - connection without registering through meter - destroying or disconnecting meter - changing or altering pipe, wire or attachment connecting with utility.

Section 313. Doing guaranty or surety business without licenses.

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Section 324. Unlawful importation of immigrants.

Section 327-330. Junk dealers regulations.

Section 334. Petit larceny defined.

Section 334(1). Shop lifter statute.

Section 338. Buying, concealing, etc., stolen property.

Section 339. Taking and using animal or vehicle of another temporarily without authority.

Section 345. Disposing of or retaining military property without right.

Section 347. Publication of a libel of another.

Section 350. Defamation.

Section 352. Corruptly soliciting, persuading or influencing legislators.

Section 358. Marathon contests prohibited.

Section 358(1). Wearing masks prohibited.

Section 368. Nuisances - continuing after notice to abate.

Section 369. Prohibition of use of gas or stink bombs.

Section 371(1). Refrigerator law.

Section 391. Keeping more than 50 pounds of gunpowder on hand in city or town.

Section 392. Prostitution.

Section 393. Executive or secret sessions of municipal council.

Health Laws

State Law relating to public health is found in Title 22, Code of Alabama.

Section 85. Unlawful for municipal clerk to accept payment for license for operating of any establishment governed by regulations of State Health Department declared in effect, unless applicant is in possession of valid permit issued by Health Department.

Section 103. Violation of regulations of the State Board of Health constitute a misdemeanor.

Section 104. Violation of health and/or quarantine laws declared a misdemeanor.

Section 106-116. Dogs - Rabies statute.

Section 106. Municipal police officers are aids to rabies inspector.

Section 107. Inoculation of dogs required.

Section 112. Every municipality over 5,000 population required to provide an animal pound or suitable enclosure for dogs at large in violation of chapter.

Section 115. Penalties for violation of rabies statute.

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Section 116. Rabies statute no limitation on power of municipality to control dogs.

Section 117-140. Waterworks and water supplies.

Section 132. Misdemeanor to put dead animals in running streams.

Section 133. Polluting water supply; penalty.

Section 135. Unlawful to knowingly supply impure water for human consumption.

Section 141-173. Quarantine laws and regulations.

Section 141. Municipalities may enforce quarantine laws set out in Section 141-173.

Section 204(71). Unlawful to fraudulently obtain benefits of hospital program for indigents.

Section 204(72). Unlawful to charge for assisting person to apply for indigent hospitaliza- tion.

Section 205-231. Milk Control Board.

Section 230. Misdemeanor to violate milk control laws or rules of milk control board.

Section 231(1)-231(13). Health regulations governing milk production, handling and distri- bution.

Section 231(5). Violation of above sections misdemeanor.

Section 232-258(24). Narcotic drugs and poisons.

Note. Some of the provisions of State law relating to narcotics are felonies and some are misdemeanors. Enforcement officials should be careful to distinguish between the two.

Section 259. Conditions under which retail sale of certain poisons may be made.

Section 260. Penalty for violation of Section 259.

Highways - Title 23

Section 94. Keeping toll bridge or ferry without license.

Section 95. Illegal toll by bridge or turnpike company.

Section 96. Excessive tolls; penalty.

Section 125. Failure of municipal officer to supply information required by law to be furnished to Highway Department when requested is misdemeanor.

Section 127. Penalty and punishment for violating law and rules of Highway Department.

Section 129. Shooting gun along or across public roads unlawful.

Section 130. Injuring dams, bridges, canals, road gates, etc., misdemeanor.

Section 131. Unlawful to throw rubbish on highway or right-of-way.

Section 135. Changing, obstructing, and injuring public roads.

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Section 137. Throwing tacks, nails, etc., penalty for.

Hotels and Innkeepers - Title 24

Section 18. Obtaining board by fraud or misrepresentation.

Industrial Relations - Title 26 Section 166(1)-166(114). Coal mine safety law.

Section 330-375(7). Labor.

Section 331. Enticing away servants or apprentices unlawful.

Section 332. Unlawful to entice away servants, renters or laborers under contract.

Section 334. Enticing away immigrant from employer unlawful.

Section 335. Unlawful for immigrant to leave service of employer without repaying advances.

Section 336. Unlawful to prevent person from engaging in peaceful work or lawful industry.

Section 337. Employer of girls or women must provide seats, etc.; penalty.

Section 343-375. Child labor.

Section 343. Employment of children under 16; when allowed; exceptions.

Section 344. Hours of work for children under 16.

Section 345. Employer must post notice of Section 344, above.

Section 346. Hours of work for children under 18.

Section 347. Persons under 21 and 18 must not be employed in certain places.

Section 348. Prohibited occupations for children under 16 listed.

Section 349. Places where child under 16 forbidden to work.

Section 350. Places where child under 18 forbidden to work.

Section 354. Children under 16 forbidden to work during school hours; exceptions.

Section 362. Boys under 12 and girls under 18 prohibited from working in certain public places.

Section 384. Unlawful to prevent person from engaging in lawful vocation.

Section 385. Unlawful assemblage.

Section 386. Unlawful prevention of obtaining, use or disposition of materials or service by employer.

Section 387. Unlawful for employee to refuse to use non-union made materials; exceptions.

Section 389. Illegal strikes.

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Section 390. Fee as work permit forbidden.

Section 393. Penalties.

Liquor Control

Our state laws for the control of intoxicating liquors are set out in Title 29 of the Code of Alabama. Some of the offenses prescribed are felonies and some are misdemeanors, therefore the enforcing officer must be careful to distinguish these offenses. The volume of cases of this character brought before the municipal court varies, depending upon whether the municipality is located in a wet or dry county. The following is a list of the more important misdemeanors provisions which may at one time or another concern municipal enforcement officers.

Title 29, Section 36(1). Wholesaler or distributor may not sell alcoholic beverages between 9 p.m. Saturday and 6 a.m. of following Monday.

(2). Unlawful to sell or give beverages to minor or insane person, or person visibly intoxicated or habitual drunkards, or person of known intemperate habits.

(3). Unlawful to sell or give beverages to any person until polls closed on election days.

(8). Unlawful for ABC Board licensee to sell beverages to one in business of illegally selling liquor.

Section 36(1). Illegal Sunday sales.

Section 37. Illegal premiums and prizes offered by licensee.

Section 38. Unlawful to fortify, adulterate, or contaminate malt or brewed beverages.

Section 39. Malt or brewed beverages must be transported in original containers.

Section 40. Delivery vehicles to bear name and address of distributor, wholesaler, or manufacturer.

Section 44. Open saloon prohibited.

Section 49. Commodities subject to confiscation.

Section 50. Other commodities subject to confiscation.

Section 51. Procedure when goods are confiscated.

Section 69. Unlawful to sell alcoholic beverages in dry counties.

General provisions as to the manufacture or disposition of prohibited liquors, Section 98-153.

Section 98. Sale, offering for sale, possessing, bartering or exchanging prohibited liquors and beverages.

Section 99. Penalty for violation of Section 98.

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Section 104. Employees of railway and officers on vessels shall not be intoxicated while engaged in discharge of duties.

Section 105. Concealing one's self when unlawfully disposing of liquors.

Section 108. All persons deemed guilty with principal under Section 105, above.

Section 114. Unlawful to store prohibited liquors.

Section 115. Any person soliciting, or receiving prohibited liquors guilty of misdemeanor.

Section 116. Publicly drinking prohibited liquors and beverages unlawful.

Section 126. Agent or assisting friend of buyer or seller of prohibited liquors guilty as principal. Section 127. Signs or names or prohibited liquors or name of saloon prohibited from being exhibited. Section 130. General penalty provision for above sections. Section 136. Unlawful to allow another to locate still on premises. Section 137. Penalty for maintaining unlawful drinking place. Section 140. Unlawful drinking place defined. Section 141-152. Abatement of liquor nuisances. Section 153. Unlawful to allow another to use premises for sale or manufacture of prohibited liquors. Common carriers receiving, carrying and delivering prohibited liquors, Sections 157-256. Section 157. Unlawful for common carrier to transport liquor into state to another when liquor's intended use in violation of law. Section 158. Unlawful delivery of liquors by common carrier when consigned to fictitious person.

Section 159. Delivery to person other than consignee. Section 160. Unlawful to accept from common carrier prohibited liquors if liquors are intended to be used in violation of law.

Section 161. Common carrier shall not deliver prohibited liquors, except to consignee without written order from consignee.

Section 168. Delivery to minors prohibited.

Section 172. Venue of prosecution for violation of prohibition laws.

Section 174. Carrying or delivering prohibited liquors into this state.

Section 176. Receiving prohibited liquors from common carriers.

Section 182. Storing or keeping prohibited liquors for another.

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Section 183. Acceptance of liquors for shipment or shipping prohibited liquors.

Section 188-203. Sales of alcohol by druggists and physicians regulated.

Section 209-256. Forfeiture and destruction of contraband liquors and other property.

Juries - Title 30 Section 50. Corruptly influencing jury commissioner or officer.

Section 51. Drawing jury unfairly; penalty.

Section 95. Disclosure of indictment by officer or grand juror prior to arrest unlawful.

Section 96. Disclosure of testimony before grand jury by witness; penalty.

Motor Vehicles - Rules of the Road - Title 36

Section 1. Definitions. Section 2. Persons under the influence of intoxicating liquor or narcotic drugs. Section 3. Reckless driving. Section 4. Loading from ramps or platforms or by other device. Section 5. Restrictions as to speed. Section 5(1). Unlawful to exceed certain speeds. Section 5(2). Same; penalty. Section 5(3). Jurisdiction of courts to try speeding violations. Section 5(4). Notation of conviction on driver's license. Section 6. Warning signals at grade crossings must be obeyed. Section 7. Special speed limitations on bridges. Section 8. When speed limit not applicable. Section 9. Drive on right side of highways. Section 10. Keep to the right in crossing intersections or railroads. Section 11. Meeting of vehicles. Section 12. Overtaking a vehicle.

Section 13. Limitations on privilege of overtaking and passing.

Section 14. Driver to give way to overtaking vehicle.

Section 15. Following too closely.

Section 16. Turning at intersections.

Section 17. Signals of starting, stopping and turning.

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Section 18. Right-of-way.

Section 19. Exceptions to the right-of-way rule.

Section 20. What to do on approach of authorized emergency vehicles.

Section 21. Vehicles must stop at certain through highways.

Section 22. Passing streetcars.

Section 23. Driving through safety zone prohibited.

Section 24. Approaching school bus or vehicle.

Section 25. Stopping on highways.

Section 26. Stopping, standing or parking prohibited in specified places.

Section 26(1). Parking in violation of municipal ordinances.

Section 27. Unattended motor vehicle.

Section 28. Driving on mountain highways.

Section 29. Coasting prohibited.

Section 30. Penalties for violations of certain sections.

Section 31. (Superseded).

Section 32. Powers of local authorities.

Section 33. Does not interfere with rights of owners of real property with reference thereto.

Section 34. Restrictions as to tire equipment.

Section 35. Brakes.

Section 36. Horns and warning devices.

Section 37. Mirrors.

Section 38. Windshields must be unobstructed; windshield wipers.

Section 39. Mufflers; prevention of noise, smoke, etc.

Section 40. Required lighting equipment and illuminating devices of vehicles.

Section 41. Additional permissible lights on vehicles.

Section 42. Requirements as to head lamps and auxiliary driving lamps.

Section 43. Acetylene lights.

Section 44. Approval of lighting devices; prohibited lamps and devices; regulations; lists of approved devices to be published.

Section 45. Enforcement of provisions.

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Section 46. Lights on parked vehicles.

Section 46(1). Reflectors or similar warning devices on horse-drawn wagons and other vehicles. Section 46(2). Lighting equipment and warning devices for vehicles operated by rural mail carriers.

Section 47. Uniform marking of and erecting of signs on highways.

Section 48. Local traffic-control devices.

Section 49. Other than official signs prohibited.

Section 50. Injuring signs. Section 51. Penalties for misdemeanors. Section 52. Appearance upon arrest for misdemeanor. Section 53. Fines and forfeitures. Section 53(1). Disposition of fines and forfeitures where arrests made by county or municipal officers. Section 54. Courts may prohibit operation of motor vehicles by persons convicted of violation of automobile laws.

Section 55. Persons under sixteen years of age operating motor vehicles; penalty. Section 56. Owner of motor vehicle permitting person under sixteen years of age to operate same; penalty.

Section 57. Drivers under sixteen years of age must be accompanied by adult.

Section 58. Sitting or loitering in, or tampering with automobiles, penalty for.

Section 58(1). Definitions of words and phrases used in Sections 58(1) to 58(52).

Section 58(2). Minimum speed regulations.

Section 58(3). Establishment of state speed zones.

Section 58(4). Moving heavy equipment at railroad grade crossing.

Section 58(5). Keep to the right in crossing intersections or railroads.

Section 58(6). When overtaking on the right is permitted.

Section 58(7). No-passing zones.

Section 58(8). One-way roadways and rotary traffic islands.

Section 58(9). Driving on roadways laned for traffic.

Section 58(10). Driving on divided highways.

Section 58(11). Driving onto or from limited-access roadway.

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Section 58(12). Restrictions on use of limited-access roadway.

Section 58(13). Turning on curve or crest of grade prohibited.

Section 58(14). Pedestrians subject to traffic regulations.

Section 58(15). Pedestrians' right-of-way in crosswalks.

Section 58(16). Crossing at other than crosswalks.

Section 58(17). Drivers to exercise due care to avoid pedestrians.

Section 58(18). Pedestrians to use right half of crosswalks.

Section 58(19). Pedestrians on roadways.

Section 58(20). Application of regulations as to bicycles; violation; bicycle defined.

Section 58(21). Traffic laws apply to persons riding bicycles.

Section 58(22). Riding on bicycles.

Section 58(23). Clinging to vehicles.

Section 58(24). Riding on roadways and bicycle paths.

Section 58(25). Carrying articles on bicycles.

Section 58(26). Lamps and other equipment on bicycles.

Section 58(27). Stop before emerging from alley or private driveways.

Section 58(28). Parallel and angle parking; restricting parking on highways.

Section 58(29). Riding on motorcycles.

Section 58(30). Obstruction to driver's view or driving mechanism.

Section 58(31). Crossing fire hose.

Section 58(32). Putting glass, etc., on highway prohibited.

Section 58(33). Regulations relative to school buses.

Section 58(34). Safety glass in motor vehicles.

Section 58(35). Location of television viewers.

Section 58(36). Obedience to traffic-control devices; necessity for signs.

Section 58(37). Traffic-control signal legend.

Section 58(38). Pedestrian walk and wait signals.

Section 58(39). Flashing signals.

Section 58(40). Highway patrol may close highways.

Section 58(41). Liability for damage to highway or structure.

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Section 58(42). Certain vehicles to carry flares or other warning devices.

Section 58(43). Display of warning devices when vehicle disabled.

Section 58(44). Vehicles transporting explosives.

Section 58(45). Loads which must be fastened by cables or chains.

Section 58(46). Speed limit between working signs.

Section 58(47). Obedience to police officers.

Section 58(48). Persons riding animals or driving animal-drawn vehicles.

Section 58(49). Enforcement of Sections 58(1) to 58(52).

Section 58(50). Courts having jurisdiction of offenses.

Section 58(51). Penalties for violations of Sections 58(1) to 58(52).

Section 58(52). Fines and forfeitures collected under Sections 58(1) to 58(52).

Section 58(53). Blind or otherwise incapacitated pedestrians.

Section 68. Cancellation, suspension or revocation of licenses or driving permit.

Section 69. Penalty.

Section 70. Penalty for driving without license.

Section 74(45). Failure to report an accident. See 74(73) for penalty.

Section 75. Unlawful to operate vehicle without license plate.

Section 75(18). Unlawful use of license plate defined; penalty.

Section 76-88. Measurement of vehicles, load limits, etc.

Section 79. When local authorities may restrict right to use highways.

Section 89-94. Regulations as to size and weight; penalties.

Section 104-107. Sale of used motor vehicles regulated; penalties.

Section 108-115. Municipal testing stations authorized; penalties.

Section 117. Leaving scene of accident.

Section 118-122. When person involved in accident must give aid and information.

Section 129-142. Motorcycles regulated; penalties.

Section 143-153. Driver training schools regulated; penalties.

Municipal Corporations - Title 37

Section 34(58)-34(72). Mayor-Council election law violations listed and penalties provided.

Section 34(111)-34(125). Commission election law violations listed and penalties provided.

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Section 88. Violations of laws pertaining to commission form of government.

Section 416. Unlawful for municipal officer or employee to trade in claims, script or warrants of municipality.

Section 417. False enumeration of municipal census unlawful.

Section 452. Unlawful for officer to have private financial dealings with municipality.

Section 453. Misappropriation of funds.

Section 754. Unlawful to engage in business without license.

Notaries Public - Title 40

Section 14(1). Unlawful to impersonate a notary.

Offices and Officers - Title 41

Section 6. Penalty for ineligible person assuming office.

Section 28. Failure to take and file oath of office.

Section 54. Unlawful for public officer required to file bond to act before filing bond.

Section 63. Unlawful for officer to fail to file new bond when required.

Section 203-223. Offenses concerning officers.

Section 203. Dealing in county claims by county officers.

Section 204. Failure of officer to keep books as required by law.

Section 209. Refusal of officer to take or certify proof or acknowledgement of deed.

Section 210. Officer contracting for, etc., profit or advantage for publication of notice.

Section 211. County officers interested in county contracts.

Section 212. Willful neglect of official duty.

Section 213. Failure of certain officers to perform duty in reference to jail.

Section 214. Failure of sheriff, clerk or register to pay over money to successor.

Section 215. Unlawful for judicial or ministerial officer to become bail in certain cases.

Section 216. Failure or neglect of duty under revenue law where not otherwise provided for.

Section 218. Bargaining away and bargaining for office or deputation thereof unlawful.

Section 221. Misconduct of public officer defined; penalties.

Section 222. Oppression under color of office defined; penalty.

Section 223. Prisoners not be kept incommunicado nor mistreated.

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Paupers - Title 44 Section 19. Unlawful to bring pauper into state or municipality; penalty.

Penal Institutions - Title 45 Section 163. Department of Corrections may compel local penal officer to give information. See Section 164 for penalty. Section 169. Penalty for failure of local penal officer to obey certain orders of Department of Corrections.

Section 170-176. Sanitary and health requirements for jails.

Section 182. Penalty for violation of Sections 170-176.

Professions and Occupations - Title 46

Section 7. Unlawfully practicing as accountant.

Section 18. Unlawful practice as architect.

Section 31. Unlawful practice of law.

Section 53. Champerty defined; penalty.

Section 54. Unlawful to receive compensation from attorney for placing in attorney's hands demands for suit or compromise.

Section 55. Attorney appearing without authority; penalty.

Section 56. Attorney practicing in court where he is clerk or employee.

Section 57. Certain ministerial officers prohibited from practicing law.

Section 58. When register or partner may not practice law; penalty.

Section 59. Certain judges not to practice law.

Section 60. Partner of solicitor prohibited from defending certain cases.

Section 61. Justices and mayors practicing as attorneys in their own courts prohibited.

Section 64(39). Practicing cosmetology without license unlawful.

Section 64(62). Unlawful to practice cosmetology except in established, sanitary beauty shop or school.

Section 64(68). Penalty for violation of chapter on cosmetology.

Section 77. Unlawful to use revoked or expired contractors license.

Section 120(9). Unlawful to practice dentistry or dental hygiene without license.

Section 128(1). Operating employment agency without license.

Section 128(23). Practice of engineering or land surveying without license.

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Section 150(20). Practice of forestry without license.

Section 151-161. Medical technicians regulated, penalties.

Section 189(9). Unlawful to practice as registered nurse without certificate. See Section 189(10) for penalty.

Section 207. Optometrist shall not practice medicine; penalty.

Section 211. False or misleading statements in advertisements of stores having optometry department.

Section 213. Penalty for violation of Sections 207 and 211, above.

Section 214-257(a32). Pharmacists regulated; penalties.

Section 262. Practicing medicine without license; penalty for.

Section 297(1)-297(22). Chiropractors regulated; penalties.

Section 297(22a)-297(22C). Physical therapists regulated; penalties.

Section 297(22p)-297(22ii). Podiatrists regulated; penalties.

Section 297(23)-297(37). Psychologists regulated; penalties.

Section 311(1)-311(25). Real estate brokers regulated; penalties.

Section 312-329(1). Veterinarians regulated; penalties.

Public Utilities - Title 48

Section 398-408. Offenses by public utilities generally.

Section 409-413. Offenses by and against utilities generally.

Section 414-417(12). Offenses concerning telegraph and telephones.

Section 418-426. Illegal freights, rates or charges.

Section 426-453. Operation of railroads; police regulations concerning.

Section 454-467. Offenses against common carriers.

Section 468-473. Transportation of explosives.

Section 474. How employees of public service corporation must be paid; penalties.

Section 475. Unlawful to solicit claim against shipper or carrier.

Public Welfare - Title 49

Section 17(21). Unlawful to receive public assistance grant by false representation.

Section 17(33). Unlawful to use public assistance polls for purpose other than public assistance.

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Section 51(14). Receiving medical aid for elderly by false representation.

Section 83. Violations of law as to child-caring institutions.

Section 84. Interfering with custody or control of child-caring institutions; penalty for.

Section 85-90. Boarding homes for children regulated; penalties.

Section 91-100. Maternity hospitals regulated; penalties.

Schools - Title 52

Section 302. Person in loco parentis responsible for child's attendance at school; penalty.

Section 614. Stealing examination papers; penalty for.

Section 615. Use of other than contract books in public schools. Section 616-617. Charging more than contract price for school books; penalty for. Section 618. Wrongful application of school house warrants or proceeds. Section 619. False or fraudulent enumeration of school children; penalty for. Section 619(1). Selling, etc., alcoholic beverages to school children; keeping same on school premises. Sheriffs and Constables - Title 54 Section 6. Failure of sheriff to execute process. Section 7. Refusal to execute process or receive prisoner into jail.

Trade and Commerce - Title 57 Section 83(3). When unlawful to sell cigarettes at less than cost; penalties; persons liable. Section 84-88(3). Public auctions regulated; penalties. Section 89-94(2). Tables, stamps, marks or brands of goods protected; penalties. Section 95-105. Sale of mattresses regulated; penalties. Section 105(1)-105(10). Sale and handling of brake fluid regulated; penalty. Section 106-108. Monopolies, price fixing; penalties for. Section 131-154. Going out of business or distress sales regulated; penalties.

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CCODE COMPARATIVE TABLE (Commencing with Supplement No. 6)

The following table reflects the disposition of ordinances included within this code.

Ordinance Section Number Date Section this Code 1985-01 11- 4-85 1—4 15-49.1 1985-04 12-15-85 1 10-1(13a), (81), (86a) 1986-02 3- 3-86 1—29 4-15—4-23.20 1986-03 4- 7-86 1—15 3-10—3-17.7 1987-01 1- 5-87 1(A)—(C) 10-26—10-28 1987-02 1-19-87 1(A) 4-28 (B) 4-40(4) (C) 4-40(8)(a) (D) 4-41(2) (E), (F) 4-42(1), (3) (G) 4-42(4)(c) (H) 4-43 (I) 4-45 1987-05 5- 4-87 1—9 11-131—11-139 13-53—13-55 11-140—11-142 1987-07 12- 7-87 1(1) 10-1(144) (2) 10-1(35a) (3) Rpld 10-1(149) Added 10-1(110a) (4) 10-1(200) (5) 10-7 1988-03 10- 3-88 1 3-10 2—4 3-17.2—3-17.4 5, 6 3-17.7, 3-17.8 1988-04 12-19-88 1, 2 3-9.1 1989-03 10- 2-89 1 2-111 2 2-112 3 2-113 1990-02 4-16-90 1—6 2-101—2-106 1990-04 6-18-90 1—11 11-151—11-161 1990-05 6-18-90 1 10-1(120a) 1990-6 10- 1-90 1 11-40 1990-7 10- 1-90 Ch. 7, (note), 1—16 7-1—7-16 1990-8 10- 1-90 Art. I 16-91 Art. II, 1—12 16-92 Art. V, 1—3 16-93 Art. VI, 1, 2 16-94

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CODE COMPARATIVE TABLE

Ordinance Section Number Date Section this Code Art. VII, 1, 2 16-95 16-96 1990-9 10- 1-90 Ch. 16, Art. II, (note), Art. I, 1—24 16-21 Art. II, 1—5 16-22—16-26 Art. III, 1, 2 16-27—16-28 Art. IV, 1, 2 16-49, 16-50 3—6 16-41—16-44 7—9 16-46—16-48 10 16-52 11 16-51 12 16-53 13 16-45 Art. V, 1—10 16-61—16-70 Art. VI, 1—4 16-81—16-84 Art. VII, 1 16-29 2 16-28 3 16-30 Art. IX, 1—4 16-32—16-35 1990-10 10- 3-90 1 8-23 2 8-22.1 3 8-25 4 8-22.2 1990-11 11- 5-90 1, 2 16-93 1991-1 1- 7-91 1 8-24 1991-8 11- 4-91 1—4 15-21.1 1991-9 12- 2-91 1 2-16 2 2-27 1992-02 2-17-92 1—5 10-1 (6a), (17a), (66a), (109a), (129) 6 10-9 7 10-10 Res. of 6-15-92 1 2-71 1992-05 8- 3-92 1 2-23 Ord. of 11-16-92 1—8 11-105—11-107.5 1993-04 9- 4-93 1 8-6—8-25 1993-05 10- 1-93 1 8-25.1—8-25.4 1993-17(R) 9- 8-93 1 2-71 1993-18(R) 9- 8-93 Added 2-66.1 1994-02 4- 4-94 Rpld 15-49.1 1, 4 Added 15-49.3 2 Added 15-49.1 3 Added 15-49.2 5 Added 15-49.4 1994-08 9- 6-94 1 Rpld 2-29

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CODE COMPARATIVE TABLE

Ordinance Section Number Date Section this Code 1995-04 8- 3-95 1 Added 4-1.1 2 Added 4-3.1 1995-05 9- 5-95 1—26 Added 4-15—4-23.17 27 Rpld 4-15—4-23.20 28—30 Added 4-23.18—4-23.20 1995-07 9-18-95 1 4-1.1 1995-08 9-18-95 1 10-4 2 10-9 3 10-11 195-08(R) 12-18-95 Added 2-107 1995-09 11-20-95 1 10-37 2 Added 10-46.1 1995-11 12- 4-95 1—4 Added 10-42.1 1996-01 2-19-96 1 2-16 2 2-27 1996-02 3-18-96 1 11-40 1996-03 3-18-96 1 11-159 1996-04 6- 3-96 1 11-26 1996-06 6- 3-96 1—8 Added 10-56—10-61 1996-08 7- 1-96 I—VI 2-77.5—2-77.9 1996-09 7- 1-96 1 8-6 2 Added 8-25.1(c) 1996-10 7-15-96 Arts. I—XIV Ch. 17(note) 1996-11 7-15-96 1 8-23 1996-13 9-16-96 1 4-16 2 4-23.15 1996-15 10- 1-96 1 Dltd 8-25.1(c) 1996-16 10- 7-96 1 2-1—2-7 1996-18 11-18-9-6 1—4 Added 16-101—16-104 1997-04 5- 5-97 1 Added 11-39.1 1997-07 6-16-97 1 10-25—10-33.2 1997-09 8-18-97 1 15-2 2 15-46 3 15-47 1997-11 9-15-97 1 8-24 2 8-25 1997-12 9-15-97 1 10-42.1(c) 2 10-42.1(e) 1997-13 9-15-97 1 Added 10-58.1 1997-14 9-15-97 1(5—7) Added 16-105—16-107 1997-15 10-20-97 1 10-28 2 10-28.1 3 10-28.2 4 10-29 5 10-29.1 6 10-31(c) 7 10-32

Supp. No. 9 634 JOBNAME: No Job Name PAGE: 397 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE COMPARATIVE TABLE

Ordinance Section Number Date Section this Code 1997-16 12- 1-97 1—6 Added 2-77.10—2-77.15 1998-03 3- 2-98 1 Added 16-102(e) 1998-04 4- 6-98 1 Rpld 8-1—8-5 2 Rpld 8-44—8-47 3 Rpld 11-6—11-8 11-10—11-12 4 Added 11-131—11-139 11-104.1, 11- 140.2 11-141.1, 11- 141.2 1998-09 10-19-98 1 8-23(1) 1998-10 12-22-98 1 11-118 2000-01 2- 7-00 1 2-16 2 2-27 2000-02 2- 7-00 1 Added 8-18.1—8-18.3 2000-03 9-18-00 1 Added 16-5 2000-04 4-17-00 1 8-18.1—8-18.3 2000-07 6-21-00 1 Added 3-17.9 2 Added 3-17.10 2000-08 6-21-00 1, 2 11-74, 11-75 2000-11 7-24-00 I—III 15-46 2000-12 9- 5-00 1, 2, 4 Added 15-16.1 2000-13 9-18-00 1 2-14 2 Added 2-14.1 3 2-23 2000-14 9-18-00 1 Added 8-22.1 2001-06 3-15-01 1, 2 Added 11-40.1 2001-07 5- 3-01 1 Ch. 3, Art. III(title) 2—10 3-10—3.17.1 11 3-17.4 12 3-17.6 13 3-17.7 2001-10 9-20-01 1 10-1 2002-02 9- 5-02 2 Added 16-97 2002-03 10- 3-02 1—13 12-1—12-13 2002-04 9-19-02 1 10-1 2002-05 9-19-02 1 Added 15-46(d) 2003-01 1-23-03 1—4 11-1—11-1.3 5 Added 11-1.4 6 11-2 7 11-3 8 Rpld 11-5 9—17 Rpld 11-13—11-21 18 Rpld 11-24 19—26 Rpld 11-43—11-50

Supp. No. 9 635 JOBNAME: No Job Name PAGE: 398 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE COMPARATIVE TABLE

Ordinance Section Number Date Section this Code 27—32 Rpld 11-54—11-59 33 11-68 34—38 Rpld 11-69—11-73 39 Rpld 11-4 2003-03 1-23-03 1 15-12 2 15-15 3 15-17 4 Added 15-17.1 5 Added 15-17.2 6 15-18 7 15-19 8—14 Added 15-19.1—15-19.7 15 15-20 16 15-21 17 15-30 18 Rpld 15-70 19 15-71 20 Rpld 15-73 21 15-74 22 15-75 2003-04 1-23-03 1 Added 12-14 2003-06 8-21-03 1 10-26 2 10-27 2003-08 12-14-03 1 10-1(59) 2004-09 9-14-04 1 Added 8-15.1—8-15.3 2 8-18 3 8-25 4 8-40 5 Added 8-44 2004-10 9-23-04 1 Added 11-131(10) 2 11-133(b) 3 11-134 4 11-136 5 11-141.1(a), (c), (d) 2004-11 10- 4-04 1 2-2 2004-12 11- 4-04 1 2-6 2005-03 6-14-05 1—4 Added 7-17—7-20 2005-02 6-14-05 2 12-14(a)(5) 2005-05 8- 9-05 1 4-1 2 4-2 3 Added 4-2.1 4 4-3 2005-06 9- 8-05 1 10-1(138) 2007-03 9-13-07 Dltd 10-1—10-11 1—25 Added 10-1—10-11.14 2007-04 12-13-07 1, 2 10-11.13

Supp. No. 9 636 JOBNAME: No Job Name PAGE: 399 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE COMPARATIVE TABLE

Ordinance Section Number Date Section this Code 2008-01 1-22-08 1, 2 10-11.13 2008-02 2-12-08 1 Added 11-170—11-172 2008-04 6-24-08 1—12 Added 2-93 2008-07 11-17-08 1 8-23 2 10-36 3 10-43 5 16-97 2009-01 2-24-09 1 Added 11-4 2009-02 6- 9-09 1 3-10 2—4 Dltd 3-17.2—3-17.4 5 Added 3-40—3-59, 3-70—3-74 2009-03 6-24-09 1 8-23 2009-04 6-24-09 3 16-97 2009-06 9- 8-09 I—VII Added 2-77.16—2-77.22 2010-02 5-11-10 1, Art.1(A—D) 4-46—4-49 1, Art.2(A—I) 4-50—4-58 1, Art.3(A—C) 4-59—4-61 1, Art.4(A—E) 4-62—4-66 1, Art.5 4-67 1, Art.6 4-68 2010-04 6-29-10 1 Added 3A-1—3A-21, 3A-70—3A-81, 3A-101, 3A-102 2010-05 7-24-10 1 Added 3A-4.1 2010-06 8-24-10 1 3A-9 Added 3A-73.1 2010-07 9-28-10 1 3A-21 2010-08 10-22-10 1 3A-73 2010-09 11- 9-10 1—30 Added 4-15—4-23.21 27 Dltd 4-15—4-23.20 2011-01 1-24-11 1 3A-79(a)(7), (8) 2011-02 2-22-11 1 Added 2-27.1 2011-03 4-28-11 1—6 Rpld 2-63—2-66.1 2011-04 8-23-11 1—4 8-18—8-18.3 5 Added 8-18.4

[The next page is 640] Supp. No. 9 637 JOBNAME: No Job Name PAGE: 400 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen JOBNAME: No Job Name PAGE: 401 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

A ABANDONMENT Automobiles. See: AUTOMOBILES, ABANDONMENT Dogs and cats. See: ANIMALS AND FOWL ACCUMULATIONS Fire department inspector findings; order to remove...... 7-7 AD VALOREM TAXES Assessment...... 10-51 Tax assessor, compensation ...... 10-52 Collection...... 10-53 Enforcement of ...... 10-50 Tax collector, compensation ...... 10-54 Equalization of...... 10-49 Ordinance not contract ...... 10-55 ALCOHOLIC BEVERAGES Alcoholic beverage control Effective date Effective date ...... 3A-101 Ordinance severability ...... 3A-102 Generally Adoption of certain state control board regulations ..... 3A-18 Advertising...... 3A-16 Alcohol license tax bond ...... 3A-15 Authorized hours ...... 3A-9 Definitions...... 3A-3 Discrimination prohibited ...... 3A-14 Inspection ...... 3A-20 Maintenance of order; report of violation...... 3A-5 Misrepresentation of age of minor...... 3A-8 Offenses in public ...... 3A-6 Open containers ...... 3A-13 Packaging of beverages ...... 3A-12 Premises near church or school, location of ...... 3A-4 Punishment generally...... 3A-19 Purpose ...... 3A-2 Records; reports ...... 3A-11 Regulation of conduct in clubs, etc...... 3A-10 Sales to visibly intoxicated persons ...... 3A-7 Short title ...... 3A-1 Violation of state code ...... 3A-17 License Alabama Responsible Vendor Act...... 3A-81 Applicability when council approval required...... 3A-71 Application for lounge, club, restaurant, etc., license; deposit ...... 3A-73 Application for retail liquor license ...... 3A-74 City alcohol license fees and requirements ...... 3A-79 Consideration of application ...... 3A-77

Supp. No. 9 1 JOBNAME: No Job Name PAGE: 402 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

ALCOHOLIC BEVERAGES (Cont'd.) Filing fee ...... 3A-78 Public notice ...... 3A-76 Publicly traded company—Background check...... 3A-73.1 Reports of business done and tax due...... 3A-80 Required; transfer, suspension; display ...... 3A-72 Review of application ...... 3A-75 Zoning requirements for licensees ...... 3A-70 City drug and alcohol policy incorporated by reference ...... 2-107 AMBULANCES Insurance required ...... 15-64 ANIMALS AND FOWL Animal control officer Appointment, assistants ...... 3-14 Authorized to go on premises...... 3-16 Bird sanctuary Destruction of nuisance ...... 3-3 Established ...... 3-1 Exception ...... 3-2 Penalty for violation ...... 3-4 Restrictions ...... 3-2 Cats. See herein: Dogs and Cats Dangerous animals and prohibited animals. See herein: Dogs and Cats Dogs and cats Abandonment of dog or cat ...... 3-17.6 Barking, howling dogs...... 3-17.10 Dangerous animals and prohibited animals Dangerous animals Costs paid by owner ...... 3-56 Definition of dangerous animal...... 3-40 Exceptions ...... 3-42, 3-43 Failure to comply ...... 3-57 Impoundment ...... 3-47 Destruction of animals authorized ...... 3-50 Fees and charges ...... 3-49 Redemption of impounded animals by owner ...... 3-48 Seizure and impounding...... 3-46 Notice of keeping...... 3-45 Permit and registration Permit Application...... 3-53 Issuance...... 3-52 Required ...... 3-51 Revocation and suspension ...... 3-55 Term and renewal...... 3-54 Registration requirements...... 3-44 Prohibition on dangerous animals ...... 3-41 Seizure and impounding ...... 3-46

Supp. No. 9 2 JOBNAME: No Job Name PAGE: 403 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

ANIMALS AND FOWL (Cont'd.) Severability ...... 3-59 Violations and penalties...... 3-58 Prohibited animals ...... 3-70 Exception ...... 3-72 Failure to comply ...... 3-73 Prohibition...... 3-71 Violations and penalties...... 3-74 Definitions ...... 3-10 Dog control officer Appointment ...... 3-14 Assistants ...... 3-14 Authorized to go on premises ...... 3-16 Impoundment Dangerous animal impoundment ...... 3-47 See also herein that subject Dog or cat which has bitten a person ...... 3-17.1 Generally ...... 3-13 Inoculation and tag requirements Dogs and cats at large ...... 3-12 Generally ...... 3-11 Tag required on dogs at large ...... 3-12 Keeping of more than three dogs ...... 3-17.5 Number of dogs allowed...... 3-17.5 Officers authorized to go on premises ...... 3-16 Premises ...... 3-16 Officers authorized to go on ...... 3-16 Premises other than own Dog or cat on premises ...... 3-15 Rabid dogs or cats ...... 3-17 Severability ...... 3-17.8 Tethering near property line...... 3-17.9 Violations Penalties, fines...... 3-17.7 Excrement; unsanitary deposits on property ...... 16-22 Fowl Defined ...... 3-25 Running at large Ascertaining damages...... 3-27 Judgment...... 3-28 Procedure for taking up ...... 3-26 Rights of person taking up ...... 3-29 Settlement...... 3-30 Unlawful ...... 3-24 When to be sold...... 3-31 Prohibited acts Bringing in diseased animals...... 3-8 Cruelty to animals ...... 3-5 Disposing of dead animals ...... 3-9 Maliciously killing animals ...... 3-6

Supp. No. 9 3 JOBNAME: No Job Name PAGE: 404 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

ANIMALS AND FOWL (Cont'd.) Maliciously maiming animals ...... 3-7 Penalty ...... 3-9 Swine, keeping of. See herein that subject Rabid dogs. See herein: Dogs Running at large Diseased stock...... 3-18 Fees to be paid ...... 3-22 Impounding of dogs...... 3-13 Penalty ...... 3-23 Sold to highest bidder ...... 3-21 Stock ...... 3-19 Unlawful ...... 3-19 Swine, keeping of Unlawful ...... 3-9.1(a) Violation and penalty...... 3-9.1(b) APPEALS Municipal courts...... 12-8 ATTORNEY. See: CITY ATTORNEY AUTOMOBILES, ABANDONED Auction of ...... 11-107 Definition of...... 15-37 Disposition of ...... 15-40 Impounding of ...... 15-42 Leaving of ...... 15-39 Penalties...... 15-44 Prohibited ...... 15-38 Public auction of...... 15-107 Records of ...... 11-106 Redemption of ...... 15-43 Sale of ...... 15-42 Storage of...... 11-105

B BICYCLES, ETC. Bicycle and scooter operation ...... 11-40.1 BILLIARD OR POOL ROOM Conditions for operating ...... 11-31 BOXING, SPARRING, WRESTLING Exceptions...... 11-119 Not on Sunday...... 11-120 Penalty for violation ...... 11-121 Permit Application for ...... 11-116 Approved by police chief and fire chief ...... 11-117 Required ...... 11-115 Police and/or firemen present at...... 11-118

Supp. No. 9 4 JOBNAME: No Job Name PAGE: 405 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

BUILDINGS Building inspector Appointment...... 2-85 Assign numbers ...... 14-10 Disability or temporary absence ...... 2-85 Numbering system, administer...... 14-9 Building sewers and connections ...... 16-41 et seq. See: WATER AND SEWERS Codes Fire prevention code adopted ...... 7-1 ICC Electrical Code adopted...... 4-3 International Building Code adopted ...... 4-1 International Mechanical Code adopted...... 4-2.1 International Plumbing Code adopted...... 4-2 Demolition or removal of to prevent spread of fire ...... 7-18 Electrical inspector Appointment...... 2-85 Disability or temporary absence ...... 2-85 Fire inspection ...... 7-6 See: FIRE PREVENTION Inspectors, building Authority of...... 4-7 Building...... 4-5, 4-6 Electrical...... 4-4 Permit fee schedule ...... 4-1.1

C CABLE T.V. COMPANY. See: WEST ALABAMA T.V. CABLE COMPANY CATS. See: ANIMALS AND FOWL CHECK POINT. See: POLICE DEPARTMENT CIGARETTES Tobacco tax ...... 10-25 et seq. See: TOBACCO TAX Tobacco use restrictions. See: SMOKING CITY ATTORNEY Compensation of...... 2-46 Duties of...... 2-45 Term of office...... 2-28 CITY CLERK Bond ...... 2-39 Custodian of records and seal...... 2-37 Duties of...... 2-33 Election of ...... 2-32 Furnish copies ...... 2-38 Keep records ...... 2-36 Publish ordinances ...... 2-35

Supp. No. 9 5 JOBNAME: No Job Name PAGE: 406 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

CITY CLERK (Cont'd.) Record ordinances ...... 2-34 Salary of...... 2-39 Sewer connections ...... 16-13 Taxicab permits...... 15-52 Term of office...... 2-28 CITY COUNCIL Approval for city employment...... 2-27.1 Composition ...... 2-18, 6-2 Disinterest in contracts...... 2-26 Election of officers ...... 2-23 Exclusion of in voting ...... 2-25 Governing body ...... 2-1 Grant taxicab permit...... 15-54 Meetings Presiding officer ...... 2-21 Quorum ...... 2-4 Regular...... 2-2, 2-19 Robert's Rule of Order...... 2-7 Rules of procedure ...... 2-6 Special ...... 2-3, 2-20 Time; place ...... 2-5 Removal of officers ...... 2-24 Salary...... 2-27 Vacancy...... 2-22 CITY TREASURER Book open to inspection...... 2-44 Duties of...... 2-41 Election of ...... 2-40 Payment of warrants...... 2-42 Reports to council ...... 2-43 Term of office...... 2-28 CITY TREE BOARD Established, etc...... 2-77.10 et seq. See: TREES AND SHRUBBERY CIVIL DEFENSE Authority of planning commission...... 5-11 Defined ...... 5-1 Director...... 5-2 Emergency measures ...... 5-6 Fall out shelters Definition of ...... 5-7 Exceptions ...... 5-10 In new construction...... 5-9 Provisions of ...... 5-8 Organization Composition of ...... 5-3 Duties of ...... 5-5

Supp. No. 9 6 JOBNAME: No Job Name PAGE: 407 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

CIVIL DEFENSE (Cont'd.) Powers of...... 5-5 Volunteers ...... 5-4 CLERK. See: CITY CLERK CODE Altering...... 1-5 Amending ...... 1-6 Catchlines of sections in ...... 1-3 Definitions and rules in...... 1-2 Designation and citation...... 1-1 Ordinances in Effect of repeal ...... 1-7 Penalty for violation ...... 1-8 Severability of parts...... 1-4 COMMITTEES AND COMMISSIONS Citizens' advisory committee...... 2-75 Committees ...... 2-48 Standing ...... 2-47 Fayette County Community Action Committee Authority of...... 2-67 Designation ...... 2-67 Purpose of ...... 2-68 Sources of funds available ...... 2-69 Historic preservation commission ...... 2-77.16 et seq. See: HISTORIC PRESERVATION Planning commission Authority of...... 5-11 Authority of mayor and council ...... 2-52 Composition of ...... 2-49 Creation of...... 2-45 Duties of ...... 2-50 Powers of...... 2-50 Publication of plan...... 2-51 Terms of office ...... 2-49 Special committee on minority groups ...... 2-76 Housing ...... 2-76 COUNTY BOARD OF HEALTH Authority of ...... 9-9 COUNTY HEALTH OFFICER Enforce meat, milk regulations ...... 9-26 Order to abate nuisance ...... 9-21

D DANCES, PUBLIC Exceptions...... 11-112 Not on Sunday...... 11-113 Penalty for violation ...... 11-114

Supp. No. 9 7 JOBNAME: No Job Name PAGE: 408 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

DANCES, PUBLIC (Cont'd.) Permit Application for ...... 11-116 Approved by chief of police and fire Chief...... 11-110 Required...... 11-108 Police and/or firemen present at...... 11-111 DETECTIVE AGENCIES Bond ...... 11-159 Business license required...... 11-152 Definitions...... 11-151 Duties of permittee...... 11-160.1 Penalty for violation ...... 11-161 Permit Application...... 11-154 Application fee ...... 11-155 Investigation of application; public hearing; grant or de- nial ...... 11-156 Misrepresentations in applications ...... 11-158 Required ...... 11-153 Revocation ...... 11-157 DISORDERLY CONDUCT Alcoholic beverages Alcoholic beverage control Generally Regulation of conduct in clubs, etc...... 3A-10 Destruction of property ...... 16-31 DOGS. See: ANIMALS AND FOWL DRUGS City drug and alcohol policy incorporated by reference ...... 2-107 City drug-free workplace policy Cause...... 2-111 Policy ...... 2-112 Training for supervisory personnel ...... 2-113

E ELECTIONS Candidates for ...... 6-3 Names of ...... 6-8 Compliance with law...... 6-1 Composition of council ...... 6-2 Hours polls open...... 6-7 Officials ...... 6-6 Qualifying fees...... 6-4, 6-5 ELECTRICITY Electrical inspector...... 2-85 Electrical license policy ...... 4-3.1

Supp. No. 9 8 JOBNAME: No Job Name PAGE: 409 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

ELECTRICITY (Cont'd.) ICC Electrical Code adopted ...... 4-3 Inspection fee schedule ...... 4-1.1 Inspectors designated ...... 4-5 EMERGENCIES Civil defense ...... 5-1 et seq. Fire official, authority of...... 7-13 See: FIRE PREVENTION Restrictive barriers, authorization required to remove or destroy...... 7-11 Suspension of the prohibitions, requirements and restric- tions of §§ 8-18—8-18.3 due to natural disaster or emergency ...... 8-18.4 EMPLOYEES. See: OFFICERS AND EMPLOYEES EXCISE TAX Agricultural machinery ...... 10-46 Automotive vehicles ...... 10-45 Cumulative...... 10-48 Personal property ...... 10-43 Police jurisdiction, levy of tax in...... 10-46.1 State statutes ...... 10-47 Tangible property...... 10-43 EXCREMENT Unsanitary deposits on property ...... 16-22 EXPLOSIVES Accumulation of combustible or explosive matter ...... 7-7 Definitions...... 11-60 Deteriorating...... 11-62 Penalties...... 11-65 Storage ...... 11-61 Distance for...... 11-63 Transporting ...... 11-64

F FAYETTE ART AND MUSEUM BOARD Composition of ...... 2-71 Control of facilities ...... 2-73 Established...... 2-70 Other powers of...... 2-74 Powers of ...... 2-72 Responsibility of ...... 2-72 FAYETTE COUNTY COMMUNITY ACTION COMMITTEE. See: COMMITTEES AND COMMISSIONS FINES Dogs and cats Violations; penalties, fines ...... 3-17.7

Supp. No. 9 9 JOBNAME: No Job Name PAGE: 410 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

FINES (Cont'd.) Rental tax Penalty, fine, additional ...... 10-58.1 Schedule of fines...... 12-14(a) Animal control offenses ...... 12-14(a)(3) Fire code violations ...... 12-14(a)(5) Garbage, offenses re management, collection of ...... 12-14(a)(7) Littering offenses ...... 12-14(a)(4) Offenses, other ...... 12-14(a)(8) Parking violations ...... 12-14(a)(6) Public order offense...... 12-14(a)(2) Traffic offenses ...... 12-14(a)(1)

FIRE DEPARTMENT Fire chief Authority of mayor to appoint and remove upon obtaining consent of council ...... 2-14.1 Duties re fire prevention code ...... 7-1 et seq. Fire fighters Additional pubic employment ...... 2-87 Authority of mayor to appoint and remove upon obtaining consent of council ...... 2-14.1 Outside private employment...... 2-86 Penalty for violation ...... 2-89 Seven day work week ...... 2-91 Use of identification items ...... 2-88 Firemen, volunteer Scale for payment...... 2-92 Obstructing fire department ...... 7-14

FIRE HYDRANTS Unauthorized tapping or interference with...... 7-19

FIRE PREVENTION Accumulations; order to abate ...... 7-7 Barriers, removal or destruction of...... 7-11 Buildings Demolition or removal of to prevent spread of fire...... 7-18 Bureau of fire prevention; fire chief Duties ...... 7-4 Enforcement of fire prevention code ...... 7-3 Investigation ...... 7-5 Code, fire prevention Adoption of ...... 7-1 Fire chief; annual report and amendments to code ...... 7-9 Combustible or explosive matter ...... 7-7 Compliance...... 7-2 Exceptions to fire line barriers...... 7-15 Fire, explosion or other emergency Authority of fire official ...... 7-13

Supp. No. 9 10 JOBNAME: No Job Name PAGE: 411 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

FIRE PREVENTION (Cont'd.) Fire hydrants Unauthorized tapping or interference with ...... 7-19 Inspection ...... 7-6 Obstructing fire department ...... 7-14 Open burning ...... 7-20 Penalty for violation ...... 7-16 Preserving order and property at fires...... 7-17 Public and private property ...... 7-10 Records ...... 7-8 Refusal to grant permit; appeal...... 7-12 FIREARMS Discharging in city ...... 11-67 Discharging off one's premises ...... 11-66 FIREWORKS Penalty ...... 11-79 Pyrotechnic display, permit for ...... 11-76 Sale of ...... 11-74 Shooting off ...... 11-75 Storing...... 11-77 FLOOD DAMAGE PROTECTION Abrogation ...... 4-33 Authorization for ...... 4-24 Basis of ...... 4-30 City building inspector Designation of ...... 4-37 Duties of ...... 4-39 Compliance...... 4-32 Definitions...... 4-28 Development permit ...... 4-31, 4-38 Disclaimer of liability ...... 4-35 Findings of fact ...... 4-35 Interpretation...... 4-34 Lands involved...... 4-29 Liability ...... 4-35 Non-coastal/riverine communities Administration Article administrator Designation of ...... 4-59 Duties and responsibilities of...... 4-61 Permit procedures ...... 4-60 Definitions ...... 4-68 Flood hazard reduction, provisions for Building standards for streams without established base flood elevations (approximate A zones)...... 4-65 Floodways ...... 4-64 General standards...... 4-62 Specific standards ...... 4-63

Supp. No. 9 11 JOBNAME: No Job Name PAGE: 412 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

FLOOD DAMAGE PROTECTION (Cont'd.) Standards for areas of shallow flooding (AO zones) ..... 4-66 General provisions Abrogation and greater restrictions ...... 4-54 Basis for area of special flood hazard ...... 4-51 Compliance...... 4-53 Development permit, establishment of...... 4-52 Interpretation...... 4-55 Lands to which this article applies...... 4-50 Penalties for violation...... 4-57 Savings clause ...... 4-58 Warning and disclaimer of liability...... 4-56 Statutory authorization, findings of fact, purpose and objectives Findings of fact ...... 4-47 Objectives ...... 4-49 Statement of purpose ...... 4-48 Statutory authorization...... 4-46 Variance procedures ...... 4-67 Objectives ...... 4-27 Penalties for violations ...... 4-36 Purpose of ...... 4-26 Restrictions ...... 4-33 Standards Areas of shallow flooding (AO zones) ...... 4-45 General...... 4-41 Small homes...... 4-44 Specific ...... 4-42 Subdivision proposals ...... 4-43 Variance ...... 4-40 Warning ...... 4-35

G GARBAGE AND TRASH Abandoned freezers, refrigerators and other containers Removal of doors and locks required ...... 8-15.3 Access to refuse containers...... 8-8 Authorized person to remove refuse from containers ...... 8-17 Bills to be paid monthly ...... 8-24 Building debris, dirt and stumps, collection of...... 8-18 Charges, collection ...... 8-23 City failing to render service, duty to pay when...... 8-25.2 City not responsible; unlawful to represent that city will remove debris ...... 8-18.3 Collection service established ...... 8-22 Deposit ...... 8-22.1 Commercial, industrial units, collection from ...... 8-13 Containers for refuse required ...... 8-10 Debris not to be left on public street ...... 8-18.2

Supp. No. 9 12 JOBNAME: No Job Name PAGE: 413 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

GARBAGE AND TRASH (Cont'd.) Deductions not allowed for interruption of service beyond city's control...... 8-25.3 Definitions...... 8-6 Delinquencies ...... 8-25.4 Deposit for service...... 8-22.1 Disabled residential unit occupants ...... 8-20 Drive-in establishments ...... 8-9 Dump waste into waterways, unlawful ...... 8-16 Dump waste, unlawful to...... 8-15 Dumping waste other than in disposal site prohibited...... 8-11 Inspection of premises for waste authorized ...... 8-12 Mandatory service; duty to pay ...... 8-25.1 Persons engaged in cutting and pruning trees for hire or in the business of landscaping Required to remove debris ...... 8-18.1 Placement of trash, rubbish, etc. at stores, shops, etc. Alleys to be kept free of trash, rubbish, etc...... 8-15.1 On street or sidewalk only where no alley exists ...... 8-15.2 Private property prior to occupancy, collection from...... 8-19 Public refuse receptacles; regulated ...... 8-21 Residential refuse containers required...... 8-7 Residential units, collection from...... 8-14 Suspension of the prohibitions, requirements and restric- tions of §§ 8-18—8-18.3 due to natural disaster or emergency ...... 8-18.4 Violation; penalty...... 8-25 GAS BOARD Agreement by ...... 4-11 Authority of ...... 4-9, 4-10 Franchise of Conditions of ...... 4-12 Duration of ...... 4-13 Exclusive...... 4-14 Granted to ...... 4-8 GASOLINE TAX Assess tax in default ...... 10-23 City limits, in ...... 10-13 Definitions...... 10-12 Duty to furnish information for...... 10-21 Exemptions from ...... 10-14 False statements of ...... 10-19 Interstate commerce excluded from ...... 10-17 License tax and ...... 10-18 Monthly statements required for ...... 10-15 Payments of ...... 10-16 Penalty Default ...... 10-23 Violation ...... 10-24

Supp. No. 9 13 JOBNAME: No Job Name PAGE: 414 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

GASOLINE TAX (Cont'd.) Permit ...... 10-18 Police jurisdiction and ...... 10-13 Pumps to be metered for ...... 10-22 Revocation of license ...... 10-23 GROSS RECEIPTS TAX. See: PRIVILEGE TAX GUTHRIE J. SMITH PARK Easternmost street named; two-way ...... 15-67 Northernmost street named; two-way...... 10-68 Southernmost street named; one-way...... 15-66 Speed limit in ...... 15-69 Westernmost street named; one-way ...... 15-65

H HANDICAPPED PARKING Identifiable physically handicapped to use spaces...... 15-72 Like spaces may be designated in private parking area ..... 15-74 Penalty for violation ...... 15-76 Providing parking spaces for handicapped persons...... 15-71 Unlawful to park in spaces without permit ...... 15-75 HEALTH AND SANITATION Massage parlors and ...... 11-86 Meat and milk City meat inspector...... 9-24 County health officer ...... 9-26 Definitions ...... 9-22 Sale of meat ...... 9-23 State board of health Milk regulations ...... 9-25 Nuisances Cellars, cisterns, walls ...... 9-15 Chicken coops, cow lots ...... 9-16 Disinfectant, need of...... 9-17 Disposal of waste ...... 9-19 Failure to execute order of health officer...... 9-21 Hog pens kept clean ...... 9-16 Other...... 9-20 Premises kept clean ...... 9-13 Stables kept clean ...... 9-16 Stagnant water...... 9-14 Waste material ...... 9-18 Quarantine Authority of Council...... 9-10 County board of health ...... 9-9 Mayor...... 9-1 Establishment of ...... 9-1 Importing forbidden matter...... 9-7

Supp. No. 9 14 JOBNAME: No Job Name PAGE: 415 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

HEALTH AND SANITATION (Cont'd.) Infectious diseases ...... 9-8 Penalties for violating ...... 9-3, 9-11 Proclamation of ...... 9-1 Penalty for violating ...... 9-3 Publishing...... 9-2 Questioning during...... 9-4, 9-5, 9-6 Rabid dogs or cats ...... 3-17 HISTORIC PRESERVATION Historic preservation commission Application to historic preservation commission for certif- icate of appropriateness ...... 2-77.20 Building and zoning code provisions...... 2-77.22 Creation...... 2-77.18 Definitions ...... 2-77.17 Maintenance of historic properties...... 2-77.21 Purpose ...... 2-77.16 Recommendation and designation of historic districts and properties ...... 2-77.19 HOUSING Housing authority ...... 2-77 Municipal housing code abatement board Composition ...... 2-77.6 Created...... 2-77.5 Demolition, removal costs; assessment ...... 2-77.9 Power to give notice ...... 2-77.7 Request for hearing; determination; action; appeals...... 2-77.8

I IMPOUNDMENT Dogs and cats ...... 3-13 et seq. See: ANIMALS AND FOWL INDUSTRIAL DEVELOPMENT BOARD City conveys property to...... 2-77.2 Purchase of city county property ...... 2-77.1

L LANDSCAPING Persons engaged in cutting and pruning trees for hire or in the business of landscaping ...... 8-18.1 et seq. See: GARBAGE AND TRASH LICENSES AND PERMITS Alcoholic beverages...... 3A-70 et seq See: ALCOHOLIC BEVERAGES Dangerous animals; permit and registration requirements . 3-44 et seq. See: ANIMALS AND FOWL

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CODE INDEX

LICENSES AND PERMITS (Cont'd.) Gasoline tax Permit and license tax required...... 10-18 et seq. See: GASOLINE TAX Private detectives ...... 11-152 et seq. Privilege and excise taxes ...... 10-34 et seq. See: TAXATION Schedule of business, occupational license, taxes and fees Definitions ...... 10-2 Levy of tax...... 10-1 License Applications, new Procedure for denial ...... 10-11.7 Delivery license...... 10-11.10 Exchange of information...... 10-11.13 Failure to file assessment ...... 10-11.1 Inspections ...... 10-9 License fees in police jurisdiction...... 10-11.14 Lien for nonpayment of license tax...... 10-11.2 Location specific ...... 10-4 Nonpayment of license tax Lien...... 10-11.2 Obstructing enforcement ...... 10-10 Operating business without license unlawful ...... 10-6 Overpayments, refunds ...... 10-11.9 Penalties Civil penalties ...... 10-11.4 Criminal penalties ...... 10-11.3 Penalties and interest ...... 10-11.5 Posting license ...... 10-7 Privacy...... 10-11 Prosecutions unaffected...... 10-11.6 Records, producing ...... 10-9 Refunds on overpayments ...... 10-11.9 Report, duty to file ...... 10-8 Restriction on transfer of license ...... 10-5 Revocation or suspension Procedure ...... 10-11.8 Schedules, tables Classification of licenses ...... 10-11.11 License fee schedules ...... 10-11.12 Term; minimums ...... 10-3 Transfer, restriction on ...... 10-5 Unlawful to do business without ...... 10-6 Unlawful to obstruct ...... 10-10 LITTER Advertisement, notices, etc., posting on streets, sidewalks, trees, fences, etc ...... 8-40 Article ...... 8-26

Supp. No. 9 16 JOBNAME: No Job Name PAGE: 417 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

LITTER (Cont'd.) Definitions...... 8-27 Fayette Anti-Litter article ...... 8-26 From aircraft...... 8-39 From vehicle ...... 8-31 Handbills Depositing ...... 8-36 Distributing...... 8-37, 8-38 Placing on vehicles...... 8-35 In open private property...... 8-43 In parks ...... 8-33 In public places ...... 8-28 In vacant private property ...... 8-43 Merchants and...... 8-30 Open private property and ...... 8-43 Owner and ...... 8-42 Penalty for violation ...... 8-44 Premises and...... 8-42 Private property ...... 8-41 Trucks and ...... 8-32 Vacant private property and ...... 8-43 Weeds; accumulation of litter; nuisance Failure to comply with notice to abate nuisance ...... 11-140.2 Notice to abate nuisance ...... 11-140.1

M MASSAGE PARLORS Advertising of ...... 11-90 Cleanliness in...... 11-92 Definitions...... 11-80 Dormitory in ...... 11-89 Exceptions...... 11-81 Health regulations in ...... 11-86 Inspection of ...... 11-85 License for Required ...... 11-82 Revocation of ...... 11-83 Massage is given in visible area ...... 11-91 Penalty ...... 11-93 Sanitary requirements of ...... 11-84 Signs of ...... 11-90 Treatment Of patrons in ...... 11-87 On premises ...... 11-88 MAYOR Approve bonds of officers ...... 2-13 Approve loading zones ...... 15-31 Authority ...... 2-11

Supp. No. 9 17 JOBNAME: No Job Name PAGE: 418 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

MAYOR (Cont'd.) Authority to appoint and remove certain employees upon obtaining consent of the council ...... 2-14.1 Authority to appoint, remove employees...... 2-14 Authority to proclaim quarantine ...... 9-1 Chief executive ...... 2-9 Duties...... 2-12 Emergency powers of ...... 5-15, 5-17 Notice to remove nuisances by...... 9-14, 9-16 Order to remove waste by ...... 9-18 Permit for soliciting funds by ...... 11-32 Permit to use amplifiers by ...... 11-25 Powers in court ...... 12-7 Preside at council meetings ...... 2-15 Represent city...... 2-10 Salary...... 2-16 MEAT. See: HEALTH AND SANITATION MECHANICAL CODE Adopted...... 4-2.1 MILK. See: HEALTH AND SANITATION MINOR Alcoholic beverages Alcoholic beverage control Generally Misrepresentation of age of minor ...... 3A-8 MISDEMEANORS Bicycle and scooter operation ...... 11-40.1 Cemetery, prohibited burial area ...... 11-28 Crossings, obstructing ...... 11-41 Disposing of dead animals...... 11-9 Disturbing assemblies ...... 11-22 Disturbing religious worship ...... 11-23 Failure of defendant to appear in court...... 11-4 Failure to obey lawful order...... 11-96, 11-97 Library, not returning property of ...... 11-52 Loitering After warning ...... 11-100 Obstructing crossings ...... 11-38 Ordinances, violation of...... 11-2 Property Driving across private property to avoid traffic control device prohibited ...... 11-39.1 Injuring or removing property on which city has lien unlawful; penalty ...... 11-51 Malicious injury to...... 11-52 Of library ...... 11-52 Removing ...... 11-51, 11-52

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CODE INDEX

MISDEMEANORS (Cont'd.) Riding, driving on sidewalks ...... 11-39 Riding on sidewalks...... 11-40 Sidewalks Driving on ...... 11-39 Obstructing ...... 11-38 Riding on...... 11-40 Standing train on ...... 11-42 Soliciting From persons in moving vehicles ...... 11-36, 11-37 Permit for Conditions for granting ...... 11-33 Information for ...... 11-34 Penalty for not having ...... 11-35 Required...... 11-32 Sound amplifiers Prohibited use of ...... 11-26 Exceptions...... 11-26 Regulations ...... 11-25 State...... 11-1, 11-1.3, 11-1.4 Streets, obstructing ...... 11-38 Use of tobacco City buildings and vehicles ...... 11-170 City parks ...... 11-171 Penalty ...... 11-172 MOTOR VEHICLES Definitions...... 15-1 Dynamic brake systems or devices except when device is operated or engaged for the purpose of aversion to imminent danger to life, limb or property ...... 15-16.1 Equipment of Muffler ...... 15-8 Noise of Allowable tolerance of ...... 15-9 Taxicabs Convicted felon and...... 15-57 Defined ...... 15-50 Fares Rate card visible...... 15-61 Set...... 15-60 Franchise or permit Application for ...... 15-52 Duties of holder of...... 15-56 False statements for ...... 15-55 Granting of...... 15-54 Insurance Required ...... 15-63 Penalties...... 15-59

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CODE INDEX

MOTOR VEHICLES (Cont'd.) Revocation of...... 15-57 Suspension of ...... 15-57 Rate card...... 15-61 Receipts ...... 15-62 Tobacco use in city vehicles ...... 11-170 Weight limits...... 15-49.1 MOTORCYCLES Definitions...... 15-33 Helmet Required ...... 15-36 Specifications of ...... 15-36 License for operation of...... 15-34 MUNICIPAL COURT Acting municipal judge ...... 12-11 Appeals ...... 12-8 Compensation of judge...... 12-5 Jurisdiction ...... 12-2 Magistrates ...... 12-10 Powers of the court...... 12-6 Powers of the mayor ...... 12-7 Provisions for judge ...... 12-4 Reestablishment of municipal court...... 12-1 Report on proceedings ...... 12-12 Report to the council ...... 12-13 Settlement of minor ordinance violations without trial ...... 12-14 Court costs...... 12-14(c) Posting, distribution of schedule of fines ...... 12-14(d) Procedure for settlement ...... 12-14(b) Repeal of prior schedules ...... 12-14(e) Schedule of fines ...... 12-14(a) Special treatment, persons eligible for, court appearance by...... 12-14(f) State law or rule not to be violated ...... 12-14(g) Time and place of holding court ...... 12-3 Warrants ...... 12-9

N NUISANCES Abatement notice Appeals from notice...... 11-137 Failure to comply with notice to abate ...... 11-141.2 Notice to abate nuisances ...... 11-141.1 Construction of article ...... 11-139 Continuing offenses ...... 11-135 Defined ...... 11-131 Disposal of dead animals improperly ...... 11-9 Dogs; barking, howling ...... 3-17.10

Supp. No. 9 20 JOBNAME: No Job Name PAGE: 421 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

NUISANCES (Cont'd.) Enforcement responsibility Person in charge of premises ...... 11-132 Reports ...... 11-136 Noncompliance declared misdemeanor; penalty ...... 11-134 Remedy not exclusive ...... 11-138 Unlawful ...... 11-133 Weeds; accumulation of litter Failure to comply with notice to abate nuisance ...... 11-140.2 Notice to abate nuisance ...... 11-140.1 NUISANCES, HEALTH. See: HEALTH AND SANITATION

O OCCUPATIONS Schedule of business, occupational licenses and fees...... 10-1 et seq. See: LICENSES AND PERMITS OFFENSES Alcoholic beverages Alcoholic beverage control Generally Offenses in public ...... 3A-6 Criminal code and ...... 11-1.2, 11-1.3, 11-1.4 See also: MISDEMEANORS AND OFFENSES OFFICERS AND EMPLOYEES Building inspector ...... 2-85 See: BUILDINGS Drug-free workplace policy ...... 2-111 et seq. See: DRUGS Electrical inspector...... 2-85 Fire chief ...... 7-51 et seq. Fire fighters...... 2-86 et seq. See: FIRE DEPARTMENT Mayor; authority to appoint, remove employees ...... 2-14 et seq. See: MAYOR Officers Elected ...... 2-30 File statement of collections ...... 2-31 Terms of office ...... 2-28 Personnel system Duties of personnel officer ...... 2-104 Exceptions ...... 2-102 Payroll verification...... 2-106 Personnel officer ...... 2-103 Preparation of personnel rules and regulations ...... 2-105 Purpose ...... 2-101 Police ...... 2-86 et seq. See: POLICE DEPARTMENT

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CODE INDEX

OFFICERS AND EMPLOYEES (Cont'd.) Social security Agreements ...... 2-79 Appropriations ...... 2-81 Exclusions ...... 2-83, 2-84 Policy and purpose...... 2-78 Records and reports ...... 2-82 Withholdings ...... 2-80

P PARADES AND DEMONSTRATIONS Civil emergency Curfew during...... 5-16 Definitions ...... 5-14 Penalty ...... 5-18 Powers of mayor during...... 5-17 Proclamation of ...... 5-15 Public demonstration Penalty ...... 5-13 Permit for...... 5-12 Required ...... 5-12 Exception ...... 5-12 PARKING Traffic provisions ...... 15-17 et seq. See: TRAFFIC PARKS AND RECREATION Tobacco use in city parks ...... 11-171 PIT BULL DOGS Prohibited animals ...... 3-70 Dangerous animals and prohibited animals. See: ANI- MALS AND FOWL PLANNING COMMISSION, CITY. See: COMMITTEES AND COMMISSIONS PLUMBING Construction of privies, septic tanks, etc., only as authorized 16-24 See: WATER AND SEWERS International Plumbing Code adopted ...... 4-2 POLICE DEPARTMENT Abandoned, lost or stolen property ...... 11-105 et seq. Authority of mayor to appoint and remove all police officers upon obtaining consent of council ...... 2-14.1 Failure to move or disperse upon unlawful order; prohibited 11-96 Violation; penalty ...... 11-97 Failure to obey lawful order of officer ...... 11-94 Violation; penalty ...... 11-95 Law enforcement officer; authority, cumulative...... 11-103

Supp. No. 9 22 JOBNAME: No Job Name PAGE: 423 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE INDEX

POLICE DEPARTMENT (Cont'd.) Loitering after warning; unlawful ...... 11-98 Violation; penalty ...... 11-99 Police chief Check point authority to establish...... 11-100 Election ...... 2-23 Investigate application for taxicab permit ...... 15-53 Traffic, power to control ...... 15-5 Police line or check point Authority of law enforcement officers re ...... 11-101 Chief of police; authority to establish...... 11-100 Penalty for violation ...... 11-104 Unlawful acts...... 11-102 Police officers Additional public employment...... 2-87 Authority of mayor to appoint and remove upon obtaining consent of council ...... 2-14.1 Outside private employment...... 2-86 Penalty for violation ...... 2-89 Seven day work week ...... 2-90 Use of identification items ...... 2-88 Police reserve force...... 2-93 POLICE JURISDICTION Defined ...... 11-3 PRIVILEGE TAX Amusement and entertainment...... 10-38 Places of...... 10-38 Coin-operated machines ...... 10-42 Cumulative...... 10-48 Definitions...... 10-34 Levied...... 10-35 City...... 10-36 Police jurisdiction ...... 10-37 Machines Agricultural...... 10-41 Mining, manufacturing...... 10-39 Retail sales...... 10-36 Exclusions ...... 10-36 Rooms, lodgings, accommodations to transients ...... 10-42.1 State statutes ...... 10-47 Vehicles, automotive ...... 10-40 PROPERTY Fire prevention code; applicability ...... 7-10 Nuisances, provisions ...... 11-131 et seq. See: NUISANCES Tobacco use City buildings and vehicles ...... 11-170 City parks ...... 11-171

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CODE INDEX

PROPERTY (Abandoned, lost or stolen) Delivery to chief of police...... 11-105 Disposition of property taken as evidence ...... 11-107.4 Exceptions...... 11-107.5 Perishable property, sale of...... 11-107.1 Records to be kept...... 11-107.3 Redemption by owner ...... 11-107.2 Sale generally...... 11-107 Storage ...... 11-106 PROPERTY TAX. See: AD VALOREM TAX PUBLIC VEHICLES. See: MOTOR VEHICLES

R RENTAL TAX Collection...... 10-58 Definitions...... 10-56 Levied within city ...... 10-57 Penalty, fine, additional...... 10-58.1 Police jurisdiction, levied within...... 10-61 Records ...... 10-60 Reporting cash, credit leases, rentals ...... 10-59

S SANITATION. See: HEALTH AND SANITATION SEWERS. See: WATER AND SEWERS SIDEWALKS. See: STREETS AND SIDEWALKS SIGNS Unsafe structure; occupancy prohibited signs...... 11-141.1 SMOKING Tobacco tax ...... 10-25 et seq. See: TOBACCO TAX Tobacco use City buildings and vehicles ...... 11-170 City parks ...... 11-171 Penalty ...... 11-172 SOCIAL SECURITY. See: OFFICERS AND EMPLOYEES SPECIAL COMMITTEE ON MINORITY GROUP HOUSING. See: COMMITTEES AND COMMISSIONS STOLEN PROPERTY. See: PERSONAL PROPERTY, STO- LEN STREETS AND SIDEWALKS Naming of Adopted ...... 14-1 New streets ...... 14-3

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CODE INDEX

STREETS AND SIDEWALKS (Cont'd.) Official changes ...... 14-2 System of ...... 14-1 Numbers Administered by...... 14-9 Assignment of ...... 14-5 Penalty ...... 14-12 Principal buildings and ...... 14-7 Records of...... 14-11 Separate ...... 14-6 Visible ...... 14-8 Obstructing ...... 11-38 Sidewalks Driving on ...... 11-39 Obstructing ...... 11-38 Standing train on ...... 11-42 Standards for accommodating utilities...... 14-13 SWIMMING POOLS Fee for permits to construct...... 4-1.1

T TAXATION Ad valorem taxes ...... 10-49 et seq. See: AD VALOREM TAXES Alcoholic beverages...... 3A-70 et seq See: ALCOHOLIC BEVERAGES Excise tax ...... 10-43 et seq. See: EXCISE TAX Gasoline tax...... 10-12 et seq. See: GASOLINE TAX License fee schedule...... 10-1 Privilege tax ...... 10-34 et seq. See: PRIVILEGE TAX Rental tax ...... 10-56 et seq. Tobacco tax ...... 10-25 et seq. See: TOBACCO TAX TAXICABS. See: MOTOR VEHICLES TOBACCO TAX Affixing stamps ...... 10-29 Construction of article ...... 10-32 Definitions...... 10-25 Levy in city...... 10-26 Levy in police jurisdiction ...... 10-27 Monthly statement; stamps ...... 10-28.2 Payment of tax ...... 10-28 Penalty ...... 10-33.1 Receipt of unstamped tobacco products ...... 10-29.1 Records ...... 10-30

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CODE INDEX

TOBACCO TAX (Cont'd.) Severability ...... 10-33.2 Stamps required for cigarettes...... 10-28.1 Time of payment...... 10-33 Unlawful acts ...... 10-31 TOBACCO USE RESTRICTIONS. See: SMOKING TRAFFIC Applicability of state laws ...... 15-2 Control devices Signals When controlled by officer ...... 15-6 Dynamic brake systems or devices except when device is operated or engaged for the purpose of aversion to imminent danger to life, limb or property ...... 15-16.1 Misdemeanors ...... 11-1 et seq. Parking, stopping, standing Angle parking ...... 15-17.1 Areas (parking) included ...... 15-28 Eighteen feet from curb, vehicle not to extend more than 15-19.5 Handicapped (physically), parking for...... 15-70 et seq. In alley ...... 15-22 In designated areas...... 15-24 Loading zones Application for ...... 15-31 Approval of ...... 15-32 Stopping, standing or parking in loading zones...... 15-30 Lot (parking), areas City not responsible for maintenance ...... 15-29 Definitions...... 15-26 Laws enforceable in ...... 15-27 Obstruct traffic, parking not to...... 15-19.1 Overtime parking ...... 15-19.7 Parallel parking...... 15-17 Penalty for violation ...... 15-18 Prohibited...... 15-24 Regulations not exclusive ...... 15-20 Roadway for certain purposes prohibited, parking on ..... 15-19.3 Signs (parking) or yellow curbs required...... 15-21 Specified place; prohibited in generally ...... 15-19 Storage of vehicles, use of streets by businesses for ...... 15-19.4 Streets where improvements are in progress, parking on. 15-19.2 Times parking regulations effective...... 15-19.6 Truck-tractor, trailer or truck, parking prohibited ...... 15-21.1 Unlawful designation of prohibited parking ...... 15-17.2 Pedestrians Crossing streets ...... 15-54 Rules and regulations Penalty ...... 15-16 Right turn on red ...... 15-5

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CODE INDEX

TRAFFIC (Cont'd.) Signals to be obeyed ...... 15-4 Speed In other areas ...... 15-47 Limits ...... 15-46 New territory ...... 15-48 Penalty ...... 15-49 Truck regulations...... 15-49.1 et seq. Violations Damaging signs ...... 15-13 Driving Intoxication test for ...... 15-15 Over fire hose ...... 15-12 Leaving wrecked vehicle ...... 15-39 Parking violation; penalty ...... 15-18 Schedule of fines ...... 12-14(a) Parking violations ...... 12-14(a)(6) Traffic offenses ...... 12-14(a)(1)

TREASURER. See: CITY TREASURER

TREES AND SHRUBBERY City tree board Compensation ...... 2-77.12 Creation, establishment...... 2-77.10 Duties, responsibilities ...... 2-77.13 Operation ...... 2-77.14 Review by city council ...... 2-77.15 Term of office ...... 2-77.11 Persons engaged in cutting and pruning trees for hire or in the business of landscaping ...... 8-18.1 et seq. See: GARBAGE AND TRASH

TRUCKS Definitions...... 15-49.1 Exceptions...... 15-49.2 Parking of any truck-tractor, trailer or truck prohibited .... 15-21.1 Routes; designated ...... 15-49.3 Violation; penalty...... 15-49.4

V

VIOLATIONS Offenses; state violations ...... 11-1.1, 11-1.3, 11-1.4

W

WARRANTS Municipal courts...... 12-9

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CODE INDEX

WATER AND SEWERS Building sewer and connections Connecting building sewer to public sewer ...... 16-48 Connection of building sewer to downspouts, etc...... 16-47 Connection permit Classes; inspection fees ...... 16-50 Inspection and supervision of work ...... 16-51 Required...... 16-49 Connections to be made by city employees...... 16-52 Elevation, building sewer ...... 16-46 Excavations...... 16-53 Installation, etc., cost and expenses by owner...... 16-41 Installation; specifications ...... 16-44 Materials; specifications...... 16-45 Separate and independent building sewer ...... 16-42 Use of old building sewer ...... 16-43 Extending of public sanitary sewer Inspecting engineer...... 16-82 Liability for cost of service of city's engineer ...... 16-83 OSHA requirement compliance...... 16-84 Submitting plans and specifications ...... 16-81 Holding tanks (septic) discharge Chemical toilets, campers, trailers, motor homes, vacuum tank trucks ...... 16-104 City sewer system discharge prohibition ...... 16-101 Fees due, payable ...... 16-105 Industrial tanks...... 16-103 Late fee ...... 16-107 Penalty ...... 16-106 Residential business septic tanks ...... 16-102 Prohibited and restricted discharges; treatment Control manholes ...... 16-68 Discretionary discharges ...... 16-64 Grease, oil and sand interceptors ...... 16-66 Maintenance of preliminary treatment or flow-equalizing facilities ...... 16-67 Measurements, test and analysis ...... 16-69 Options of superintendent ...... 16-65 Special agreements and arrangements ...... 16-70 Storm sewers and natural waterways, prohibited dis- charges to ...... 16-61 Unpolluted waters, discharge of...... 16-62 Untreated discharges prohibited ...... 16-63 Sewers Building permit issuance conditioned on compliance ...... 16-26 Building sewers and connections...... 16-41 et seq. See herein: Building Sewer and Connections Connection to public sanitary sewer required ...... 16-25 Construction of privies, etc., only as authorized...... 16-24 Definitions ...... 16-21

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CODE INDEX

WATER AND SEWERS (Cont'd.) Destruction of property...... 16-31 Discharge of polluted waters without treatment ...... 16-23 Extending of public sanitary sewer ...... 16-81 et seq. See herein: Extending of Public Sanitary Sewer Observance of safety rules ...... 16-28 Private systems; compliance with law; when permitted... 16-27 Prohibited and restricted discharges; treatment ...... 16-61 et seq. See herein: Prohibited and Restricted Discharges; Treat- ment Prohibited conditions, remedying ...... 16-32 Right of entry Generally ...... 16-29 Onto easements...... 16-30 Sewer service; deposit ...... 8-22.1 Unsanitary deposits on property ...... 16-22 User charge system...... 16-91 See herein: User Charge System User charge system Billing ...... 16-93 Definitions ...... 16-92 Monthly user charge rates ...... 16-97 Notification of rate for operation, maintenance and replace- ment...... 16-96 Operation, maintenance and replacement costs ...... 16-95 Purpose ...... 16-91 Requesting review ...... 16-94 Water works board Agreement by...... 16-3 Authority of...... 16-2, 16-4.1 Franchise to ...... 16-1 Terms of ...... 16-4 Premises not to be connected to system unless written proof provided that premises is connected to sanitary sewer system ...... 16-5 WEEDS Weeds; accumulation of litter; nuisance Failure to comply with notice to abate nuisance ...... 11-140.2 Notice to abate nuisance ...... 11-140.1 WEST ALABAMA T.V. CABLE COMPANY Agreements Further agreements and waivers by operator ...... 4-23.13 Carriage of signals ...... 4-23.3 City's right of intervention ...... 4-23.12 Compliance with applicable laws ...... 4-19 Construction and technical standards ...... 4-23.2 Definitions...... 4-16 Effective date ...... 4-23.21 Equipment, regulation of ...... 4-23.1

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CODE INDEX

WEST ALABAMA T.V. CABLE COMPANY (Cont'd.) Facilities Regulation of ...... 4-23.1 Removal of upon request...... 4-23.8 Flow through of refunds ...... 4-23.17 Franchise Compliance with applicable laws ...... 4-19 Duration ...... 4-18 Fee...... 4-23.15 Flow through of refunds ...... 4-23.17 Forfeiture of ...... 4-23.11 Further agreement and waiver by operator ...... 4-23.13 Indemnification ...... 4-22 Insurance requirements...... 4-21 Nonexclusivity...... 4-17 Other requirements...... 4-23.4 Provisions, re ...... 4-15 Refunds Flow through of...... 4-23.17 Service area ...... 4-20 Term...... 4-18 Indemnification ...... 4-22 Insurance requirements ...... 4-21 Intervention; city's right...... 4-23.12 Maps, plats...... 4-23.10 Nonassignment ...... 4-23.7 Operation and maintenance...... 4-23.2 Other requirements ...... 4-23.4 Poles, erection, removal and common uses ...... 4-23.16 Police powers ...... 4-23 Publication ...... 4-23.14 Rates; regulation of ...... 4-23.1 Regulation of services, facilities, rates and equipment...... 4-23 Removal of facilities upon request...... 4-23.8 Repealer ...... 4-23.20 Reports ...... 4-23.10 Reservation of rights...... 4-23.9 Rights, reservation of ...... 4-23.9 Safety requirements...... 4-23.6 Service area ...... 4-20 Services, regulation of ...... 4-23 Severability ...... 4-23.19 Signals, carriage of...... 4-23.3 Street use ...... 4-23.5 Termination of previously granted franchise ...... 4-23.18

Supp. No. 9 30 JOBNAME: No Job Name PAGE: 431 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen

CODE REVISION TABLE Note: Substitute Municipal Judge for Recorder and Municipal Court for Recorder's Court in text. Section 1940 Code 1975 Code 1-1 Tit. 37 § 461 § 11-45-7 1-2 Tit. 39 § 184 § 1-3-8 Tit. 37 § 9 § 11-40-10 2-1 Tit. 37 Tit. 11 2-3 Tit. 37 § 430 § 11-43-50 2-4 Tit. 37 § 429 §§ 11-40-2, 11-43-43 through 11-43-49, 11-43-31, 11-43,52, 11-43-55 2-9 Tit. 37, chap. 8, art. 5 Tit. 11, chap. 43, art. 4 2-16 Tit. 37 § 440 § 11-43-80 2-17 Tit. 37, chap. 8, art. 4 Tit. 11, chap. 43, art. 1 2-26 Tit. 37 §§ 416 and 452 §§ 11-43-14 and 11-43-161 2-33 Tit. 37 § 421 et. seq. § 11-43-100 et. seq. 2-34 Tit. 37 § 462 § 11-45-8 2-40 Tit. 37 §§ 446-449 §§ 11-43-120 through 11-43- 123 2-78 Tit. 55 §§ 476-483(2) §§ 36-28-1 through 36-28-10 6-1 Tit. 17 § 1 et. seq. § 17-1-1 et. seq. Tit. 37 §§ 34(20) - 34(72) §§ 11-46-20 through 11-46-73 6-2 Tit. 37 § 404 § 11-43-2 8-7 Tit. 37 § 491 et. seq. § 11-47-130 et. seq. 9-1 Tit. 22 §§ 141-173 §§ 22-12-1 through 22-12-30 Tit. 37 § 492 § 11-47-131 9-7 Tit. 22 § 156 § 22-12-22 9-25 Tit. 22 § 230 et. seq. § 2-13-64 et. seq. 10-51 Tit. 37 §§ 670-771 §§ 11-51-1 through 11-51-160 11-4 Tit. 29 Tit. 28 11-5 Tit. 14 § 101 § 13-9-2 11-6 Tit. 14 § 368 § 13-6-8 11-13 Tit. 14 §§ 33 and 34 §§ 13-1-40, 13-1-43 11-14 Tit. 14 § 17 § 13-6-10 11-18 Tit. 14 § 159 § 13-5-71 11-20 Tit. 14 § 157 § 13-5-69 11-21 Tit. 14 § 350 § 13-6-203 11-43 Tit. 14 § 82 § 13-2-7 11-61 Tit. 14 § 391 § 13-6-7 11-73 Tit. 14 §§ 161 and 164 § 13-6-120 11-75 Tit. 14 § 125(1) § 13-2-131 15-33 Tit. 36 §§ 129-142 §§ 32-12-20 through 13-12- 27, 13-12-40 through 13- 12-44 15-35 Tit. 36 § 58(29) § 13-12-1

Supp. No. 9 1 JOBNAME: No Job Name PAGE: 432 SESS: 2 OUTPUT: Thu Sep 12 12:38:14 2013 /first/pubdocs/mcc/3/10762_full_tag_mcc_3_mhansen