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11-53-3
Section 11-53-3 Power to enjoin or abate public nuisances not impaired by chapter. This chapter
shall not be construed to impair or limit in any way the power of incorporated municipalities
to enjoin or abate public nuisances within their corporate limits. (Acts 1969, Ex. Sess.,
No. 217, p. 284, ยง3.)...
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22-27-10
Section 22-27-10 Control of unauthorized dumping; open burning; construction with other rights
and remedies. (a) Solid waste shall be collected, transported, disposed, managed, or any combination
thereof, according to the requirements of this article, and the rules of the department or
the health department, as authorized by this article, and if disposed of in this state, shall
be disposed in a permitted landfill or permitted incineration, or reduced in volume through
composting, materials recovery, or other existing or future means approved by and according
to the requirements of the department, under authorities granted by this article. (b) The
creation, contribution to, or operation of an unauthorized dump is declared to be a public
nuisance per se, a menace to public health, and a violation of this article. In addition to
other remedies which are available, an unauthorized dump may be enjoined through an action
in the circuit court having jurisdiction over the property in which the...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-52-30
Section 11-52-30 Territorial jurisdiction; approval of maps or plats; regulations; limits on
exercise of powers. (a) Except as otherwise provided herein, the territorial jurisdiction
of any municipal planning commission shall include all land located in the municipality and
all land lying within five miles of the corporate limits of the municipality and not located
in any other municipality; except that, in the case of any nonmunicipal land lying within
five miles of more than one municipality having a municipal planning commission, the jurisdiction
of each municipal planning commission shall terminate at a boundary line equidistant from
the respective corporate limits of such municipalities. Any alterations of a municipal planning
commission based upon annexation or deannexation of property within the corporate limits of
a municipality shall occur once a year on the first day of January and shall take effect for
any annexations which were finalized on or before the preceding first day...
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39-7-13
Section 39-7-13 Purpose and powers of authority generally; sale, transfer and conveyance of
entire water system to public corporation authorized to conduct business of water distribution
system. (a) An authority shall be incorporated for the purpose of conducting and developing
the enterprise in which it may engage in such manner that the services afforded by such enterprise
shall be available for public uses and to all inhabitants of the municipality and the surrounding
area for domestic and industrial uses at the lowest cost consistent with sound economy and
prudent management. Every authority incorporated under this chapter is hereby vested with
all powers necessary and requisite for the accomplishment of such purpose for which such authority
is incorporated capable of being delegated by the Legislature of the State of Alabama. The
authority shall have the power to acquire, construct, reconstruct, extend, improve and maintain
and operate any plant, works, system, facilities or...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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24-2-2
Section 24-2-2 Powers of housing authorities or municipalities - Acquisition and redevelopment
of blighted property; limitations on eminent domain; definitions. (a) Any housing authority
now or hereafter established pursuant to this title, or any incorporated city or town may
carry out any work or undertaking, hereafter called a "redevelopment project": (1)
To acquire blighted property as defined in subsection (c). (2) To acquire other real property
for the purpose of removing, preventing, or reducing blight, blighting factors, or the causes
of blight, but this authority to acquire such other property shall not be construed to grant
the power of eminent domain to acquire property that is not blighted without the consent of
the owner. (3) To clear any areas acquired and install, construct, or reconstruct streets,
utilities, and site improvements essential to the preparation of sites for uses in accordance
with the redevelopment plan. (4) To sell or lease land so acquired for uses in...
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22-3-2
Section 22-3-2 County boards of health - Duties generally. It shall be the duty of the county
boards of health in their respective counties and subject to the supervision and control of
the State Board of Health: (1) To supervise the enforcement of the health laws of the state,
including all ordinances or rules and regulations of municipalities or of county boards of
health or of the State Board of Health, and to supervise the enforcement of the law for the
collection of vital and mortuary statistics and to adopt and promulgate, if necessary, rules
and regulations for administering the health laws of the state and the rules and regulations
of the State Board of Health, which rules and regulations of the county boards of health shall
have the force and effect of law and shall be executed and enforced by the same bodies, officials,
agents and employees as in the case of health laws; (2) To investigate, through county health
officers or quarantine officers, cases or outbreaks of any of...
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22-22A-5
Section 22-22A-5 Powers and functions of department; representation of department by Attorney
General in legal actions. In addition to any other powers and functions which may be conferred
upon it by law, the department is authorized beginning October 1, 1982 to: (1) Administer
appropriate portions of Sections 9-7-10 through 9-7-20, which relate to permitting, regulatory
and enforcement functions; administer and enforce the provisions and execute the functions
of Chapter 28 of this title; Chapter 22 of this title; Article 2 of Chapter 23 of this title;
Chapter 30 of this title; appropriate portions of Article 1 of Chapter 27 of this title; Sections
22-24-1 through 22-24-11; Sections 22-25-1 through 22-25-15; and Sections 22-36-1 through
22-36-10. (2) Acting through the Environmental Management Commission, promulgate rules, regulations,
and standards in order to carry out the provisions and intent of this chapter; provided, however,
that prior to the promulgation of any state primary or...
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22-28-21
Section 22-28-21 Air pollution emergencies. (a) Any other provisions of law to the contrary
notwithstanding, if the director finds that a generalized condition of air pollution exists
and that it creates an emergency requiring immediate action to protect human health or safety,
the director shall order persons causing or contributing to the air pollution to reduce or
discontinue immediately the emission of air contaminants, and such order shall fix a place
and time, not later than 24 hours thereafter, for a hearing to be held before the Environmental
Management Commission. Not more than 24 hours after the commencement of such hearing, and
without adjournment thereof, the Environmental Management Commission shall affirm, modify
or set aside the order of the director. (b) In the absence of a generalized condition of air
pollution of the type referred to in subsection (a) of this section, but if the director finds
that emissions from the operation of one or more air contaminants sources...
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