The ordinances embraced in the following chapters and sections shall constitute and be designated the "Code of Ordinances, City of Albertville, Alabama," and may be so cited, or may be cited as the "City Code."
[Ord. No. 2040-26, 6-2-2026]
In the construction of this Code and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council:
When a bond is required, an undertaking in writing is sufficient.
The words "the City" or "this City" shall mean the City of Albertville, Alabama. Every section contained in this Code, whether expressed to apply "in the City," or not so expressed, shall apply, and have full force and effect within the corporate limits of the City and within the police jurisdiction thereof and within the territorial limits of any property or right-of-way owned by the City, wherever situated, provided any such section shall not apply within the police jurisdiction if expressed to apply within the "corporate" limits of the City, or if the same cannot legally be made to apply in the police jurisdiction, or if the same cannot physically apply in the police jurisdiction, or if the same, otherwise than by use of such terms as "in the City" or "within the City," contains clear inherent evidence of intent that it shall not apply in the police jurisdiction.
Whenever reference is made to officials, boards, commissions, departments, et cetera, by title only, i.e., "Mayor," "City Clerk," "Chief of Police," or any other such designation, such references shall be deemed to be to officials, et cetera, of the City of Albertville, and powers and authority granted to them shall be deemed to be grants of such powers and authority to their respective duly designated subordinates.
Whenever reference is made to the "Code of Alabama" or the "Alabama Code" it shall mean the Code of Alabama of 1975, as amended, or any subsequent code of this state.
The time in which an act is to be done must be computed by excluding the first and including the last day, and if the last day is a Sunday or legal holiday, that shall be excluded.
The term "Council" or "City Council" shall mean the City Council of the City of Albertville, Alabama.
The words "county" or "this county" shall mean the County of Marshall, Alabama.
A word importing the masculine gender only shall extend and be applied to females, and to firms, partnerships and corporations, as well as to males.
All words giving joint authority to three or more persons or officers give such authority to a majority of such persons or officers, unless it is otherwise declared.
All provisions of this Code and other laws and ordinances of the City prescribing police or sanitary regulations and prescribing penalties for violations thereof shall have force and effect in the corporate limits of the City and in the police jurisdiction thereof and on any property or rights-of-way belonging to the City, except those provisions, laws and ordinances which specifically limit their force and effect to the corporate limits, or which, for any reason mentioned under the definition of "City" in this section, cannot legally apply in any such area outside of the corporate limits.
The word "month" means a calendar month.
Words used in the singular include the plural, and the plural includes the singular number.
Includes affirmation.
The word "or" may be read as "and" and the word "and" as "or," where the sense requires it.
The word "owner" shall include not only the owner of the whole but any part owner, joint owner, tenant in common, or joint tenant of the whole or a part of property.
The word "person" shall extend and be applied to firms, partnerships, corporations, associations, organizations, clubs, receivers, trustees, agents, and bodies politic, or any combination thereof, as well as to natural persons.
Includes every species of property except real property, as defined herein.
The words "police jurisdiction" mean the territory outside the corporate limits of the City within the distance established in § 11-40-10, Code of Alabama, but not including territory within the corporate limits of any other incorporated municipality. The police jurisdiction shall not overlap the police jurisdiction of a neighboring municipality, but shall extend to the median line of such police jurisdiction lines, or as otherwise provided by agreement with other municipalities, the laws of the state and the decisions of its courts.
The words "preceding" and "following" mean next before and next after, respectively.
The word "property" includes real and personal property.
Includes land, tenements and hereditaments.
The word "shall" is mandatory.
That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
Includes a mark when the person cannot write if his or her name is written near the mark and witnessed by a person who writes his or her own name as a witness.
The words "the state" or "this state" shall mean the State of Alabama.
The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the City, and shall embrace all parts thereof within the designated right-of-way. In those instances where the public records are silent, the term shall embrace all of the area between the off-street edge of the sidewalk or walkway on each side of the street, including the grass plots or other divisional areas lying between the sidewalk or walkway and street.
Words used in the past or present tense include the future as well as the past and present.
Shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
The word "year" means a calendar year.
The catchlines of sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be 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 catchlines, are amended or reenacted.
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 under the ordinance repealed.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section shall be declared to be unconstitutional, invalid, or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
All ordinances passed subsequent to the adoption of this Code which amend, repeal or in any way affect this Code may be numbered in accordance with the numbering system of this Code and printed for inclusion therein, or, in the case of repeal of chapters, sections or subsections or any part thereof by subsequent ordinances, such repealed portions shall be excluded from the Code by omission from reprinted pages affected thereby.
It shall be unlawful to change or amend by addition or deletion any part of this Code or to insert or delete pages or portions thereof, or to alter or tamper with this Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
[Ord. No. 788, 11-7-1977; Ord. No. 789, 11-7-1977; Ord. No. 1139, 8-8-1983; Ord. No. 2040-26, 6-2-2026]
(a)
Any person, firm or corporation committing an offense within the corporate limits of the City of Albertville, Alabama, or within the police jurisdiction thereof, which is in violation of an ordinance of the City of Albertville, Alabama, now existing or hereafter enacted, shall, upon conviction, be punished by a fine of not more than $500. In addition thereto, any person so convicted may be imprisoned or sentenced to hard labor for the City of Albertville, Alabama, for a period not exceeding six months, at the discretion of the court trying the case. Provided, however, that no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses.
(b)
Any person or corporation committing an offense within the corporate limits of the City of Albertville, 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 misdemeanor, shall be guilty of an offense against the City of Albertville, Alabama.
(c)
Any person, firm or legal entity committing an offense within the corporate limits of the City of Albertville, 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 Albertville, Alabama.
(d)
Any person, firm or legal entity committing within the corporate limits of the City of Albertville, Alabama, or within the police jurisdiction thereof, an offense as defined by the Alabama Criminal Code, § 13A-1-2, Code of Alabama, 1975, 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 Albertville, Alabama.
(e)
Any person found to be in violation of Subsection (b), (c) or (d) of this section shall, upon conviction, be punished by a fine of not more than $500 and/or may be imprisoned or sentenced to hard labor for the City for a period not exceeding six months, at the discretion of the court trying the case, unless otherwise provided by Subsection (f) of this section. Any corporation or legal entity found to be in violation of Subsection (b), (c) or (d) of this section shall, upon conviction, be punished by a fine of not more than $500, at the discretion of the court trying the case.
(f)
Any person found to be in violation of Alabama Code § 32-5A-191, Driving while under influence of alcohol, controlled substances, etc., shall, upon conviction, be punished by a fine of not more than $10,000 and/or may be imprisoned or sentenced to hard labor for not more than one year.
(g)
When a defendant decides to plead guilty to a violation of § 32-7A-1 et seq., Code of Alabama, 1975, the Mandatory Liability Insurance Act, before a Magistrate or sends a citation by mail:
Any person who shall violate or fail, neglect or refuse to comply with any lawful order of any lawful officer of the City made in pursuance of and under his or her authority as such officer, or who shall violate or shall fail, neglect or refuse to comply with any of the rules and regulations or laws adopted by this Code, shall be guilty of an offense; provided, however, the provisions of this section shall not apply to violations of official duty imposed by this Code upon officers or employees of the City as such, unless the provision imposing the duty also expressly makes the violation thereof unlawful or punishable.
[Ord. No. 2040-26, 6-2-2026]
Pursuant to § 11-45-7 of the Code of Alabama, the ordinances of the City of Albertville of a general and permanent nature adopted by the City Council of the City of Albertville, as revised and codified and consisting of Chapters 1 through 29, are hereby approved, adopted, ordained and enacted as the Code of the City of Albertville, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1975 Code of Ordinances, as amended and supplemented.
[Ord. No. 2040-26, 6-2-2026]
(a)
A copy of the Code has been filed in the office of the City Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance a copy of such Code shall be maintained and available for public inspection in the office of the City Clerk.
(b)
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the City Council to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the City of Albertville" shall be understood and intended to include such additions and amendments.
[Ord. No. 2040-26, 6-2-2026]
The City Clerk shall cause this ordinance or a summary of this ordinance to be published in the manner required by law. The enactment and publication of this ordinance coupled with the filing of the Code in the office of the City Clerk as provided in § 1-11 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
[Ord. No. 2040-26, 6-2-2026]
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If any provision of this Code or the application thereof to any person or circumstances is held invalid, the remainder of this Code and the application of such provision to other persons or circumstances shall not be affected thereby.
[Ord. No. 2040-26, 6-2-2026]
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the City of Albertville which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
[Ord. No. 2040-26, 6-2-2026]
The adoption of this Code and the repeal of ordinances provided for in § 1-14 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
(a)
Any ordinance adopted subsequent to February 3, 2026.
(b)
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
(c)
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
(d)
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
(e)
Any franchise, license, right, easement or privilege heretofore granted or conferred.
(f)
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, naming, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
(g)
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the City's indebtedness.
(h)
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
(i)
The levy or imposition of taxes, assessments or charges.
(j)
The annexation or dedication of property or approval of preliminary or final subdivision plats.
(k)
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
(l)
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees or relating to a pension plan or pension fund for municipal employees.
(m)
The Subdivision Regulations, Zoning Ordinance and Zoning Map and any amendments thereto.
(n)
Any ordinance or portion of an ordinance establishing or amending a specific fee amount for any license, permit or service obtained from the City or establishing or amending rates or charges for water, sewer or other utility service.
(o)
Any ordinance not in conflict with the Code regulating traffic on specific streets or portions thereof or in specific areas of the City.
[Ord. No. 2040-26, 6-2-2026]
(a)
In preparing the revision and codification of the ordinances, no changes in the meaning or intent of such ordinances have been made, except as provided in Subsections B and C. Certain grammar and spelling corrections and other minor nonsubstantive changes were made in one or more of said ordinances. It is the intention of the City Council that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
(b)
Gender-neutral language has been applied throughout the Code, including changing "he" to "he or she"; "his" to "his or her"; "him" to "him or her"; "patrolman" to "patrol officer"; "policeman" to "police officer"; "chairman" to "chair"; "Councilman" to "Councilmember"; "manpower" to "workforce"; "clergyman" to "clergy person"; and "draftsman" to "draftsperson." In addition, all references to "Building Official" have been amended to "Building Inspector."
(c)
The amendments as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: Schedule A is on file with Ord. No. 2040-26 in the City Clerk's office.
[Ord. No. 2040-26, 6-2-2026]
(a)
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
(b)
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
[Ord. No. 2040-26, 6-2-2026]
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the City of Albertville to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-8 of the Code.
[Ord. No. 2040-26, 6-2-2026]
This ordinance shall take effect upon final passage and publication as provided by law.