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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision
(14) of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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13A-3-24
institution may, in order to maintain order and discipline, use whatever physical force is
authorized by law. (3) A person responsible for the maintenance of order in a common or contract
carrier of passengers, or a person acting under his direction, may use reasonable physical
force when and to the extent that he reasonably believes it necessary to maintain order, but
he may use deadly physical force only when he reasonably believes it necessary to prevent
death or serious physical injury. (4) A person acting under a reasonable belief that
another person is about to commit suicide or to inflict serious physical injury upon
himself may use reasonable physical force upon that person to the extent that he reasonably
believes it necessary to thwart the result. (5) A duly licensed physician, or a person acting
under his direction, may use reasonable physical force for the purpose of administering a
reasonable and recognized form of treatment which he reasonably believes to be...
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13A-5-13
origin, ethnicity, or physical or mental disability, to be secure and protected from threats
of reasonable fear, intimidation, harassment, and physical harm caused by activities of groups
and individuals. (2) It is not the intent, by enactment of this section, to interfere with
the exercise of rights protected by the Constitution of the State of Alabama or the United
States. (3) The intentional advocacy of unlawful acts by groups or individuals against other
persons or groups and bodily injury or death to persons is not constitutionally protected
when violence or civil disorder is imminent, and poses a threat to public order and safety,
and such conduct should be subjected to criminal sanctions. (b) The purpose of this section
is to impose additional penalties where it is shown that a perpetrator committing the underlying
offense was motivated by the victim's actual or perceived race, color, religion, national
origin, ethnicity, or physical or mental disability. (c) A person who...
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45-27A-30.02
Applicants for admittance. (a) A person charged with a criminal offense or violation as specified
in this section within the jurisdiction of the municipal court may apply with the municipal
prosecutor for admittance into the pretrial diversion program. (b) A person charged with any
of the following may apply for admission into the program: (1) A traffic offense, other than
driving under the influence. (2) A property offense. (3) An offense wherein the victim did
not receive serious physical injury. (4) An offense in which the victim was not a child
under 14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (6) A violation classified
under this code. (7) A violation or offense classified under the Municipal Code of the City
of Brewton. (c) The following offenses are ineligible for consideration for the pretrial diversion
program: (1) Any offense involving the abuse of a child or...
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45-49-170.51
Section 45-49-170.51 Public nuisance - Premises. (a) It shall be unlawful and constitute a
public nuisance for the owner or other person in charge or control of a building, lot, junkyard,
or other premises, within the unincorporated territory of Mobile County to fail to keep the
lot, junkyard, or premises clean and free from garbage, refuse, litter, junk, debris, salvaged
materials, household furniture, trash, used motor vehicle tires, inoperable motor vehicles,
kitchen and other household appliances, rags, paper, cardboard, and other nondecorative matter,
including any materials within which water may accumulate or which may shelter or encourage
the growth of insects or rodents, or materials which generate obnoxious odors, or which offend
the esthetics of the community, and which thereby cause a substantial diminution in the value
of other property nearby or which threaten the health and safety of any citizen. (b) This
subpart shall not apply to any company, corporation, or business...
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45-49-249.30
Section 45-49-249.30 Levy of tax. (a) There is hereby imposed upon every person, firm, or corporation
who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products
in Mobile County a county privilege, license, or excise tax in the following amounts: (1)
Five cents ($0.05) for each package of cigarettes, made of tobacco or any substitute therefor.
(2) Ten cents ($0.10) for each cigar of any description made of tobacco or any substitute
therefor, with the exception of the cigarette-sized or near-cigarette-sized cigars which shall
be taxed at the same rate as cigarettes under subdivision (1). (3) Twelve cents ($0.12) for
each sack, can, package, or other container of smoking tobacco, including granulated, plug
cut, crimp cut, ready rubbed, and other kinds and forms of tobacco which are prepared in such
manner as to be suitable for smoking in a pipe or cigarette. (4) Twelve cents ($0.12) for
each sack, plug, package, or other container of chewing tobacco,...
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45-49-252.04
Section 45-49-252.04 Certificates of need. Certificates of need as required by Section 45-49-252.03
may be obtained for the management of solid waste in the following manner: (1) An applicant
for a certificate of need for a solid waste management activity or facility shall petition
the Mobile County Commission to deter- mine the need of such requested service by the applicant.
The applicant shall provide the commission with the following information as applicable: a.
A statement of purpose and need for the activity, service, or facility. b. A statement of
funding sources. c. A statement of financial resources of the applicant. d. A statement of
the cost of operation. e. A statement of existing facilities or services available. f. Any
other information requested by the commission. g. Information described in paragraphs b.,
c., and d. shall not be required from persons desiring certificates of need to provide nonresidential
solid waste management activities, services, or facilities. (2)...
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2-27-50
Section 2-27-50 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section. (1) PESTICIDE. a. Any substance
or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect,
rodent, nematode, predatory animal, snail, slug, fungus, bacteria, weed or any other form
of plant or animal life or virus, except virus on or in living man or other animal, that may
infest, infect or be detrimental to vegetation, man, animal, structure or household or be
present in any environment or which the commissioner may declare to be a pest; b. Any substance
or mixture of substances intended to be used as a plant regulator, defoliant or desiccant;
c. Any spray adjuvant such as a wetting agent, spreading agent, deposit builder, adhesive,
emulsifying agent, deflocculating agent, water modifier or similar agent, with or without
toxic properties of its own, intended to be used with any other pesticide as an...
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26-24-33
Section 26-24-33 County children's policy councils - Generally. (a) A county children's policy
council is hereby created in each county of the state. The county children's policy council
shall consist of the following members: A juvenile court judge in each county; the county
director of the Department of Human Resources; a county representative of the Department of
Mental Health; a county representative of the Department of Youth Services; a county representative
of the Department of Rehabilitation Services, the Medicaid Agency, the Alabama State Law Enforcement
Agency, and the Alcoholic Beverage Control Board, provided they have a physical presence in
the county; the county superintendent of education and any city superintendent of education
in the county; the county chief juvenile probation officer; a representative of the county
health department; the district attorney; local legislators; the chair of the county commission;
the sheriff, and at least seven persons to be appointed by...
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3-6-3
Section 3-6-3 Mitigation of damages. The owner of such dog shall, however, be entitled to plead
and prove in mitigation of damages that he had no knowledge of any circumstances indicating
such dog to be or to have been vicious or dangerous or mischievous, and, if he does so, he
shall be liable only to the extent of the actual expenses incurred by the person so bitten
or injured as a result of the bite or injury. (Acts 1953, No. 320, p. 379, ยง2.)...
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