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2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation
shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127,
or any other law, or be deemed in violation of any municipal or county ordinance or resolution
heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance
other than zoning ordinances applicable thereto, if the farm or farm operation meets all of
the following requirements: (1) The owner of the land or a partner, officer, director, or
other principal thereof, does not act in a careless or wrongful manner, engage in the improper
operation of any farm or farm operation, or fail to act or perform a legal obligation. (2)
The owner of the land, or a partner, officer, director, or other principal thereof, resides
on the farm or actively participates in the operation of the farm, or leases the farm to a
person who resides on the farm or actively participates in...
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22-28-23
Section 22-28-23 Local air pollution control programs. (a) Except as provided in this section,
it is the intention of this chapter to occupy by preemption the field of air pollution control
within all areas of the State of Alabama. However, nothing in this section shall be construed
to limit or abrogate any private remedies now available to any person for the alleviation,
abatement, control, correction, or prevention of air pollution or restitution for damage resulting
therefrom. (b) Subject to the provisions of this section, each municipal governing body which
had municipal ordinances in effect on, or before, July 1, 1969, which pertain to air pollution
control and which provide for the creation and establishment of an air pollution control board
and each county board of health shall have the authority to establish, and thereafter administer,
within their jurisdictions, a local air pollution control program which: (1) Provides, subject
to subsection (d) of this section, by ordinance,...
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37-3-4
Section 37-3-4 Exemptions. (a) This chapter shall not be construed to apply to: (1)a. School
buses or other motor vehicles which are owned by county boards of education or under contract
with county boards of education, regardless of whether or not the school buses and other motor
vehicles are being used exclusively for the transportation of school children and school teachers
to and from school and provided the school buses and other motor vehicles do not take on passengers
for fare on a certificated route. b. Motor vehicles for hire while operating wholly within
the limits of a city or incorporated town or within the police jurisdiction thereof, or between
two or more incorporated towns or cities whose city limits join or are contiguous or whose
police jurisdictions join or are contiguous. c. Motor vehicles while used in the transportation
of property when the owner of the vehicle is legally and regularly engaged in the business
of selling such property and is the owner and has the...
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45-19-141.02
Section 45-19-141.02 Definitions. As used in this part, the following words and phrases shall
have the following meanings: (1) ASSOCIATION. The Coosa County Association of Volunteer Fire
Departments. (2) AUTHORIZING AMENDMENT. Amendment No. 724 of the Constitution of Alabama of
1901, as amended, proposed by Act No. 2002-144 enacted at the 2002 Regular Session of the
Legislature and ratified in the 2002 General Election. (3) BUSINESS. A commercial or industrial
establishment such as a store or factory, including any endeavor engaged in the buying or
selling of commodities or services or involving a trade or the patronage of customers. (4)
CODE. The Code of Alabama 1975, as amended. (5) COMMISSION. The Coosa County Commission or
other governing body of the county. (6) COUNTY. Coosa County. (7) DEPARTMENT. Any volunteer
fire department with which the Coosa County Association of Volunteer Fire Departments may
enter into agreements with respect to providing fire protection, fire prevention,...
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45-26-141.02
Section 45-26-141.02 Definitions. As used in this part, the following words and phrases shall
have the following meanings: (1) ASSOCIATION. The Elmore County Firefighters Association.
(2) AUTHORIZING AMENDMENT. Amendment No. 567 of the Constitution of Alabama of 1901, as amended,
proposed by Act No. 94-483 enacted at the 1994 Regular Session of the Legislature and ratified
in the November 1994 General Election. (3) CODE. The Code of Alabama 1975, as amended. (4)
COMMERCIAL BUILDING. Any building that contains one or more separate business enterprises
that purchase and display a business license applicable to the business enterprise. In the
case of a commercial building with more than one business located in a building, a separate
fee shall be assessed on the building for each business located in the building, but in no
case shall a fee be assessed more than one time on the same space. (5) COMMISSION. The Elmore
County Commission or other governing body of the county. (6) COUNTY. Elmore...
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45-41-141
Section 45-41-141 Definitions. (a) The following words and phrases used in this part, and others
evidently intended as the equivalent thereof, in the absence of clear implication herein otherwise,
shall be given the following respective interpretations herein: (1) AMENDMENT 392. That certain
amendment to the Constitution of Alabama of 1901, as amended, proposed by Act 80-313 enacted
at the 1980 Regular Session of the Legislature. (2) AUTHORIZING AMENDMENT. That certain amendment
to the Constitution of Alabama of 1901, as amended, proposed by Act 88-479 enacted at the
1988 Regular Session of the Legislature. (3) CODE. The Code of Alabama 1975, as amended. (4)
COMMERCIAL BUILDING. Any building, structure, or other improvement to real property, excluding,
however, any dwelling that: a. Is subject to ad valorem taxation and has a fair market value,
according to the records of the tax assessor pertaining to state and county ad valorem taxation
for the fiscal or ad valorem tax year of the...
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11-92C-2
Section 11-92C-2 Definitions. For the purposes of this chapter, the following words have the
following meanings: (1) APPLICANT. A natural person who files a written application with the
governing body of any authorizing subdivision in accordance with Section 11-92C-3. (2) AUTHORITY.
Any local redevelopment authority organized pursuant to this chapter. (3) AUTHORIZING RESOLUTION.
A resolution adopted by the governing body of any authorizing subdivision in accordance with
Section 11-92C-3, which authorizes the incorporation of the authority. (4) AUTHORIZING SUBDIVISION.
Any county or municipality that has adopted an authorizing resolution. (5) BOARD. The board
of directors of an authority. (6) BONDS. Any bonds, notes, certificates, or any other form
of indebtedness representing an obligation to pay money. (7) CONTIGUOUS. Two or more tracts
of land if touching for a continuous distance of not less than 200 feet. The term shall include
tracts of land divided by bodies of water, streets,...
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11-99-4
Section 11-99-4 Creation of tax increment districts and approval of project plans. In order
to exercise its powers under this chapter, a public entity shall take the following steps:
(1) The local governing body shall hold a public hearing at which all interested parties are
afforded a reasonable opportunity to express their views on the concept of tax increment financing,
on the proposed creation of a tax increment district and its proposed boundaries, and its
benefits to the public entity. Notice of the hearing shall be published in a newspaper of
general circulation in either the county or in the city, as the case may be, in which the
proposed tax increment district is to be located with such notice to be published at least
twice in the 15-day period immediately preceding the date of the hearing. Prior to publication,
a copy of the notice shall be sent by first class mail to the chief executive officer of each
deferred tax recipient. (2) In addition to the notice required by...
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23-4-2
Section 23-4-2 Procedure. (a) Whenever the governing body of a municipality or county proposes
to vacate a public street, alley, or highway, or portion thereof, the governing body shall
schedule a public hearing prior to taking final action and shall publish notice of the proposed
hearing on the vacation in a newspaper of general circulation in the portion of the county
where the street, alley, or highway lies once a week for four consecutive weeks in the county
prior to deciding the issue at a regularly scheduled meeting of the governing body. A copy
of the notice shall be posted on a bulletin board at the county courthouse and shall also
be served by U.S. mail at least 30 days prior to the scheduled meeting on any abutting owner
and on any entity known to have facilities or equipment such as utility lines, both aerial
or buried, within the public right-of-way of the street, alley, or highway to be vacated.
The notice shall describe the street, alley, highway, or portion thereof...
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28-3-43
Section 28-3-43 Functions, powers, and duties of board generally; examination of board by Examiners
of Public Accounts. (a) The functions, duties and powers of the board shall be as follows:
(1) To buy, manufacture and sell alcoholic beverages and to have alcoholic beverages in its
possession for sale, as defined and enumerated in this chapter. (2) To control the possession,
sale, transportation and delivery of alcoholic beverages as enumerated and defined in this
chapter. (3) To determine the localities within which any state store shall be established
and operated and the location of such store. No store shall be established in and neither
the board nor any other person may legally buy, manufacture or sell alcoholic beverages in
any county which has voted in the negative in any election called as provided in Chapter 2
of this title for determining the said issue unless and until said county has at a subsequent
similar election voted in the affirmative. The board shall have the power...
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