Code of Alabama

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6-5-160.1
Section 6-5-160.1 Cause of action for public nuisance. It is hereby declared that the use of
any premise to distribute obscene material to minors in violation of Division 5 (commencing
with Section 13A-12-200.1), Article 4, Chapter 12, Title 13A is a public nuisance and the
Attorney General, district attorney, or, when authorized by the local governing body, the
attorney for the county or municipality may file an action in the circuit courts of this state
to abate, enjoin, and prevent the nuisance. A county, by resolution, or a municipality, by
ordinance, may authorize the filing of an action in the circuit court within their jurisdiction
to abate, enjoin, and prevent the nuisance. The actions shall be commenced by the filing of
a complaint alleging the facts constituting the nuisance in circuit court of the county in
which the nuisance is situated. (Act 98-467, p. 893, ยง2.)...
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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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45-44A-41.02
Section 45-44A-41.02 Notice to destroy weeds. (a) After the passage of the resolution, the
City of Tuskegee shall give the person last assessing the property for state taxes notice
by personally serving upon such person a copy of the notice to remove such weeds within a
reasonable time. In the event that such personal service is returned not found, such
notice may be given by registered mail or certified mail. The mailing of such registered or
certified mail notice, properly addressed and postage prepaid, shall constitute notice as
required herein. Prior to the delivery or mailing of the notice as required by the immediate
preceding sentence, the city shall cause to be conspicuously posted in front of the property
on which such nuisance exists, at not more than one hundred feet in distance apart, but not
less than two in all, notices headed, Notice to Destroy Weeds, such heading to be in words
not less than one inch in height and substantially in the following form: NOTICE TO DESTROY...

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11-54-171
the end purpose of which is the control, reduction, abatement, or prevention of air, noise,
water, or general environmental pollution, including, but not limited to the following: Any
air pollution control facility, noise abatement, or reduction facility, water management facility,
water purification facility, waste water collecting system, waste water treatment works, or
solid waste disposal facility. (16) PROJECT. a. Any land and any building or other improvement
thereon and all real and personal properties deemed necessary in connection therewith,
whether or not now in existence, which shall be suitable for use by the following or by any
combination of two or more of the following: 1. Any commercial enterprise engaged in the manufacturing,
processing, assembling, storing, warehousing, distributing, or selling of any products of
agriculture, mining, or industry. 2. Any enterprise for the purpose of research in connection
with: (i) Any of the foregoing. (ii) The development of new...
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2-25-1
Section 2-25-1 Definitions. When used in this article, the following terms shall have the following
meanings, respectively, unless the context clearly indicates otherwise: (1) PLANT PEST. Any
living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate
animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses,
or any organisms similar to or allied with any of the foregoing, or any infectious substances
which can directly or indirectly injure or cause disease or damage in any plants or parts
thereof or any processed, manufactured, or other products of plants and which may be a serious
agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered
a public nuisance. (2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds
and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which
may be a serious agricultural threat in Alabama. Evidence of...
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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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2-25-3
Section 2-25-3 Power and duty of commissioner as to protection of agricultural and horticultural
interests from plant pests and noxious weeds generally. It shall be the duty of the commissioner
to protect the agricultural and horticultural interests of the state from plant pests and
noxious weeds; and, to that end, he is vested with power and authority to: (1) Inspect or
cause to be inspected by duly authorized employees, plants, plant products, places or other
things and substances that may, in his opinion, be capable of disseminating or carrying plant
pests or noxious weeds, and, for this purpose, he shall have power to enter into or upon any
place and to open any bundle, package or other container containing or thought to contain
plants or plant products or other things capable of disseminating or carrying plant pests
or noxious weeds; (2) Supervise or cause the treatment, cutting and destruction of plants,
plant parts, fruit, soil, containers, equipment, and other articles capable...
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22-27-3
Section 22-27-3 Authority of local governing bodies as waste collections and disposal; household
exemptions; state regulatory program. (a) Generally. (1) The county commission or municipal
governing body may, and is hereby authorized to, make available to the general public collection
and disposal facilities for solid wastes in a manner acceptable to the department. The county
commission or municipal governing body may provide such collection or disposal services by
contract with private or other controlling agencies and may include house-to-house service
or the placement of regularly serviced and controlled bulk refuse receptacles within reasonable
(generally less than eight miles) distance from the farthest affected household and the wastes
managed in a manner acceptable to the department. (2) Any county commission or municipal governing
body providing services to the public under this article shall have the power and authority
by resolution or ordinance to adopt rules and...
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22-27-2
Section 22-27-2 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) AGENCY. Any controlling agency,
public or private, elected, appointed, or volunteer utilizing methods approved by the health
department or the department for the purpose of controlling and supervising the collection
or management of solid wastes or recyclable materials. (2) ALTERNATIVE COVER. Material other
than earth used to cover a landfill or sanitary landfill. An alternative cover shall be approved
by the Department of Environmental Management in compliance with federal law and United States
Environmental Protection Agency rules or guidance to achieve a level of performance equal
to or greater than earthen cover material. (3) ASHES. The solid residue from burning of wood,
coal, coke, or other combustible material used for heating, from incineration of solid wastes,
or for the production of electricity at electric generating...
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45-42A-24.02
official may continue the hearing from time to time, upon good cause shown. At the hearing,
any interested party will have the right to present evidence and testimony. The hearing will
be open to the public, and a record of the proceedings must be kept as a part of the city's
public records. The administrative official must render a written decision on the merits of
the proposed abatement within five days of the conclusion of the hearing. The enforcing official
shall notify the owner by personal service or by first class mail of the written determination
of the administrative official. If the administrative official determines that a nuisance
exists and should be abated, the written determination of the administrative official shall
inform the owner that the owner must complete the abatement ordered by the enforcing official
within 10 days of the date of the administrative official's decision, or upon such additional
time, but in no case more than 28 days from the administrative...
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