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35-15-25
Section 35-15-25 Duty of care by persons using outdoor recreational land. Nothing in this article
shall be construed to relieve any person using outdoor recreational land open for non-commercial
public recreational use from any obligation which such person may have in the absence of this
article to exercise care in the use of such land and in the activities thereon, or from legal
consequences of failure to employ such care. (Acts 1981, No. 81-825, p. 1468, §6.)...
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35-15-24
limited. (a) Nothing in this article limits in any way legal liability which otherwise might
exist when such owner has actual knowledge: (1) That the outdoor recreational land is being
used for non-commercial recreational purposes; (2) That a condition, use, structure, or activity
exists which involves an unreasonable risk of death or serious bodily harm; (3) That the condition,
use, structure, or activity is not apparent to the person or persons using the outdoor recreational
land; and (4) That having this knowledge, the owner chooses not to guard or warn, in disregard
of the possible consequences. (b) The test set forth in subsection (a) of this section shall
exclude constructive knowledge by the owner as a basis of liability and does not create a
duty to inspect the outdoor recreational land. (c) Nothing in this article shall be construed
to create or expand any duty or ground of liability or cause of action for injury to
persons on property. (Acts 1981, No. 81-825, p. 1468, §5.)...
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35-15-28
Section 35-15-28 Owner must establish public use. (a) The liability limitation protection of
this article may be asserted only by an owner who can reasonably establish that the outdoor
recreational land was open for non-commercial use to the general public at the time of the
injury to a person using such land for any public recreational purpose. Any owner may
create a rebuttable presumption of having opened land for non-commercial public recreational
use by: (1) Posting signs around the boundaries and at the entrance(s) of such land; or (2)
Publishing a notice in a newspaper of general circulation in the locality in which the outdoor
recreational land is situated, and describing such land; or (3) Recording a notice in the
public records of any county in which any part of the outdoor recreational land is situated,
and describing such land; or (4) Any act similar to subdivisions (1), (2), or (3) of subsection
(a), which is designed to put the public on notice that such outdoor...
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35-15-22
Section 35-15-22 Inspection and warning not required. Except as specifically recognized by
or provided in this article, an owner of outdoor recreational land who permits non-commercial
public recreational use of such land owes no duty of care to inspect or keep such land safe
for entry or use by any person for any recreational purpose, or to give warning of a dangerous
condition, use, structure, or activity on such land to persons entering for such purposes.
(Acts 1981, No. 81-825, p. 1468, §3.)...
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35-15-23
Section 35-15-23 Limitations on legal liability of owner. Except as expressly provided in this
article, an owner of outdoor recreational land who either invites or permits non-commercial
public recreational use of such land does not by invitation or permission thereby: (1) Extend
any assurance that the outdoor recreational land is safe for any purpose; (2) Assume responsibility
for or incur legal liability for any injury to the person or property owned or controlled
by a person as a result of the entry on or use of such land by such person for any recreational
purpose; or (3) Confer upon such person the legal status of an invitee or licensee to whom
a duty of care is owed. (Acts 1981, No. 81-825, p. 1468, §4.)...
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35-15-21
Section 35-15-21 Definitions. Unless the context thereof clearly indicates to the contrary,
as used in this article the following terms shall have the following meanings: (1) OWNER.
Any public or private organization of any character, including a partnership, corporation,
association, any individual, or any federal, state or local political subdivision or any agency
of any of the foregoing having a legal right of possession of outdoor recreational land. For
the purpose of this article, an employee or agent of the owner, but not an independent contractor
while conducting activities upon the outdoor recreational land, is deemed to be an owner.
(2) OUTDOOR RECREATIONAL LAND. Land and water, as well as buildings, structures, machinery,
and other such appurtenances used for or susceptible of recreational use. (3) RECREATIONAL
USE or RECREATIONAL PURPOSE. Participation in or viewing of activities including, but not
limited to, hunting, fishing, water sports, aerial sports, hiking, camping,...
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41-23-140
Section 41-23-140 Definitions; commission created; composition; staff; duties; annual report.
(a) For the purposes of this article, the term trail means any form of paved or unpaved trail
including freshwater and saltwater paddling trails. The term trail user community includes,
but is not limited to, the following: Paved and unpaved trail users, hikers, bicyclists, users
of off-highway vehicles, paddlers, equestrians, disabled outdoor recreational users, and commercial
recreational interests. (b) There is created within the Alabama Department of Economic and
Community Affairs, the Alabama Trails Commission which shall advance development, interconnection,
and use of trails in this state and as further provided in this article. The commission shall
be composed of the following members: (1) Two members recognized for expertise in trail development,
management, or use, appointed by the Governor and representing the trail user community. (2)
One member recognized for expertise in trail...
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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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11-51-90.2
Gross Receipts and/or Flat Rate 443 Electronics and Appliance Stores Electronic and appliance
store, household, radio, television, computer Gross Receipts and/or Flat Rate 444 Building
Material and Gardening Equipment Dealers Building materials, hardware, paint, home center,
wallpaper Gross Receipts and/or Flat Rate 445 Food and Beverage Stores Food and beverage stores,
grocery, convenience, markets, liquor, beer Gross Receipts and/or Flat Rate Where Not State
Regulated 446 Health and Personal Care Stores Health and personal care stores,
drug, cosmetic, optical, health food Gross Receipts and/or Flat Rate 447 Gasoline Stations
Gasoline stations, filling stations Gross Receipts and/or Flat Rate Based on No. of Dispensers
448 Clothing and Accessories Stores Clothing stores, men's, women's, children, infants, shoe,
jewelry, luggage Gross Receipts and/or Flat Rate 451 Sporting Goods, Hobby, Book, Music Sporting
goods stores, hobby, toy, fish, gun, music, books Gross Receipts and/or...
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9-12-231
Section 9-12-231 Nets and similar devices permitted in salt and brackish waters. (a) The following
nets or similar devices may be used in Alabama salt and brackish waters: (1) A landing net,
which is a net commonly used to land fish while hook-and-line fishing. (2) A dip or crab net,
which may not exceed three feet in diameter. (3) A minnow seine, which may not exceed 25 feet
in length or 4 feet in depth. (4) A hand thrown cast net, which may not exceed 30 feet in
diameter. (5) A shrimp trawl net. (6) A net used for scientific or educational purposes; provided
that any person using a net for scientific or educational purposes shall have in his or her
possession a valid permit issued by the Department of Conservation and Natural Resources,
which shall enact rules governing the use of nets for scientific or educational purposes.
(7) A purse seine for the taking of menhaden by persons licensed by the Department of Conservation
and Natural Resources in water designated by the department....
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