Code of Alabama

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45-36-171
Section 45-36-171 Abatement of nuisances related to commercial swine farming operations. (a)
This section shall apply only in Jackson County, Alabama. (b) The following terms shall have
the following meanings: (1) COUNTY. Jackson County. (2) COUNTY COMMISSION. The Jackson County
Commission. (3) SWINE FARM or SWINE FARMING. Commercial concentrated animal feeding operations
for swine. For purposes of this section, the term concentrated animal feeding operation for
swine means an animal feeding operation defined in Title 40, Part 122, Appendix B of the Code
of Federal Regulations, relating to the National Pollutant Discharge Elimination System (NPDES),
or as otherwise designated by the Federal Environmental Protection Agency, and as defined
and regulated by the Alabama Department of Environmental Management pursuant to Chapter 335-6-7
of the Alabama Administrative Code. (c)(1) Upon a written complaint and request from any person
residing in the county, the county commission, after a...
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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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45-44-170.05
Section 45-44-170.05 Enforcement; fines. (a) The operation of an unlicensed junkyard that is
required to be licensed pursuant to this section constitutes a public nuisance. (b) The Macon
County Commission shall adopt regulations and requirements for issuing licenses for the operation
of junkyards within the limits defined in this article and may revoke the licenses at any
time the junkyard fails to conform to the requirements of this article, and shall charge a
license fee of not more than five hundred dollars ($500) and not less than one hundred dollars
($100) payable each fiscal year. All licenses issued under this article shall expire on September
30th following the date of issuance. Licenses shall be renewed from year to year upon payment
of the fee. Proceeds from the fees shall be deposited in the general fund of the county. (c)
The Macon County Compliance Officer may commence a court action in the name of the Macon County
Commission in the District Court of Macon County, Alabama,...
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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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45-49-151.40
Section 45-49-151.40 Limitations on construction or operation of racetrack in county. (a) The
Mobile County Commission shall not license the construction or operation of any racetrack,
for any purpose, in an area of the county that has five or more residences within 1,000 yards
of the location for the racetrack. (b) No person shall construct or operate a racetrack, for
any purpose, in any area of the county within 1,000 yards of the location of the residence.
Any person who violates this section shall be guilty of a public nuisance. (c)(1) This section
shall be enforced by the Mobile County Commission. (2) The Mobile County Commission may commence
a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile
County, Alabama, to abate or enjoin any violation of this section. In any action pursuant
to this subdivision, the Circuit Court of Mobile County, Alabama, is authorized to assess
all costs of abating a public nuisance declared by this section, including...
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45-9-170
Section 45-9-170 Regulation of junkyards; public nuisances; enforcement. (a) The regulation
of the accumulation and storage of junk, inoperable motor vehicles, and other litter within
the unincorporated areas of Chambers County, and licensing the operation of junkyards within
the unincorporated areas of Chambers County is hereby declared to be in the public interest
and necessary to promote the public safety, health, welfare, convenience, and enjoyment of
public travel; to protect the public investment in public highways; to preserve and enhance
the scenic beauty of lands and the environment; and to promote the conservation of natural
mineral resources by encouraging recycling. The Legislature finds and declares that within
the unincorporated areas of Chambers County the accumulation and storage of junk, inoperable
motor vehicles, other litter, and the operation of junkyards, any of which do not conform
to the requirements of this section, are a public nuisance. (b)(1) It is unlawful...
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45-49-151.41
Section 45-49-151.41 Limitation on construction or operation of racetrack outside Prichard
and Saraland. (a) This section relates only to Mobile County and only to lands located outside
of the municipalities of Prichard and Saraland. (b) The Mobile County Commission shall not
license the construction or operation of any racetrack, for any purpose, on lands located
outside of the municipalities of Prichard and Saraland that has five or more residences within
1,000 yards of the location for the race track. (c) No person shall construct or operate a
racetrack, for any purpose, on lands located outside of the municipalities of Prichard and
Saraland that has five or more residences within 1,000 yards of the location for the racetrack.
Any person who violates this section shall be guilty of a public nuisance. (d) This section
shall be enforced by the Mobile County Commission. (e) The Mobile County Commission may commence
a civil action in the name of the Mobile County Commission in the...
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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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45-34-171.04
Section 45-34-171.04 Enforcement; fines. (a) This part shall be enforced by the Henry County
Commission or its duly authorized agent or representative. The Henry County Commission, acting
through its agents or sheriff, may access civil fines not more than five hundred dollars ($500)
nor less than two hundred fifty dollars ($250) for operation without a license and for each
violation of its regulations. An aggrieved party may request a due process hearing before
the commission prior to the assessment becoming final in a manner to be provided by the commission
in its regulations. (b) The Henry County Commission or duly authorized agent or representative
may commence a court action in the name of the Henry County Commission in the Circuit Court
of Henry County, Alabama, to abate or enjoin any public nuisances declared by this part. In
any action pursuant to this subsection, the Circuit Court of Henry County, Alabama, may assess
all costs of abating the public nuisance declared by this...
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45-2-262
Section 45-2-262 Regulation of wind generated energy production facilities or equipment in
unincorporated areas. (a) This section shall apply within all unincorporated areas of Baldwin
County. (b) The county commission shall have zoning authority and the power to establish and
adopt ordinances, resolutions, rules, regulations, and procedures to regulate the permitting,
construction, placement, and operation of wind turbines, windmills, wind farms, and any other
wind-generated energy production facilities or equipment operated, in whole or in part, by
wind, sometimes referred to collectively as "wind-generated energy production facilities,"
also including, but not limited to, regulations regarding the size, location, and noise generated
by wind-generated energy production facilities. The regulations shall be adopted by ordinance
or resolution of the county commission at a regularly scheduled meeting of the commission.
(c) The county commission shall have zoning authority and the power...
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