reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-69 - Care, etc., of Lands, etc., in Which Remains Reinterred.

Section 11-47-69
Care, etc., of lands, etc., in which remains reinterred.
Whenever any cemetery corporation or association having a board of directors or other governing body shall have caused the removal from any cemetery or part thereof owned by it or under its charge or control the human remains therein interred and said cemetery corporation or association shall have funds in its treasury which are not required for other purposes of said corporation, said corporation shall have power to set aside, invest, use, and apply from such unexpended funds such sum as, in the judgment of the directors of said corporation, shall be necessary or expedient to provide for the perpetual or other care or improvement of any lands or mausoleum or columbarium or part thereof in which said remains may be reinterred or deposited; provided, however, that in lieu of itself investing, using or applying said funds for the purposes in this section specified, said cemetery corporation may transfer said funds to any other corporation under such conditions and regulations as in the judgment of the directors of said cemetery corporation will insure the application thereof to the purposes in this section specified; provided further, that before any such transfer of such funds is made said cemetery corporation or association shall have obtained an order authorizing such transfer from the probate court of the county where the cemetery or part thereof abandoned under the provisions of this division is situated. Such order shall be obtained upon petition of said cemetery corporation and any member of said corporation may support or oppose the granting of the order by affidavit or otherwise. Before making the order, proof must be made to the satisfaction of the court that notice of the application for leave to transfer such funds has been given by publication in such manner and for such time as the court has directed and that it is for the best interests of the said cemetery corporation that such transfer be made.
(Acts 1957, No. 389, p. 523, §13.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-70 - Removal, etc., of Monuments, Headstones, etc., From Graves From Which Remains Removed.

Section 11-47-70
Removal, etc., of monuments, headstones, etc., from graves from which remains removed.
(a) Whenever the remains of any person shall have been removed from any cemetery by any relative or friend of such person under the provisions of Section 11-47-65, the person causing such removal shall also be entitled to remove any vault, monument, headstone, coping, or other improvement appurtenant to the grave from which such remains have been removed, and the affidavit or written consent given under the provisions of Section 11-47-65 shall be sufficient warrant and authority for the cemetery corporation, association, corporation sole or other person owning or controlling such cemetery to permit such removal of any vault, monument, headstone, coping, or other improvement appurtenant to such grave.
(b) Whenever the remains of any person buried in any lot or plat shall have been removed and any vault, monument, headstone, coping, or other improvement appurtenant thereto shall remain on said lot or plat for more than 90 days after the removal of the last human remains therefrom, such vault, monument, headstone, coping, or other improvement may be removed and disposed of by the cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery lands and thereafter no person claiming any interest in said lot or plat or any such vault, monument, headstone, coping, or other improvement appurtenant thereto shall have the right to maintain in any court any action in relation to any such vault, monument, headstone, coping or other improvement so removed or disposed of.
(Acts 1957, No. 389, p. 523, §7.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-71 - Sale, etc., of Lands in Abandoned Cemeteries by Corporations, etc.; Confirmation of Sales by Probate Court.

Section 11-47-71
Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation of sales by probate court.
(a) Whenever such a cemetery or part thereof has been abandoned as a cemetery or place of burial for the human dead as provided for in Section 11-47-60 by the cemetery corporation, association, corporation sole, or other person owning or controlling the same, the parts or portions thereof in which no interments had been made and such parts and portions thereof from which all human remains have been removed may be sold by the cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery land or may be mortgaged or otherwise pledged as security for any loan or loans made to such cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery lands. No order of any court shall be required prior to the making of any such sale, mortgage, pledge, or other encumbrance of such lands abandoned for cemetery purposes or from which the human remains have been removed; provided, however, that any sale of such cemetery lands made by any cemetery corporation or association controlled by a board of directors or other governing body shall be fairly conducted and the price paid therefor must be fair and reasonable and all such sales must be confirmed, as to the fairness and reasonableness of the price paid by the probate court of the county in which such lands are situated.
(b) Petitions for confirmation of such sales by cemetery corporations and associations governed by a board of directors or other governing body shall be made to the probate court of the county wherein such lands are situated, and the judge of said court shall fix a day for the hearing and give notice thereof by publication in accordance with the provisions of Section 43-2-445, relating to confirmation of sales of real estate by an executor or administrator.
(Acts 1957, No. 389, p. 523, §8.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-72 - Filing, etc., of Declaration as to Removal of All Remains From Abandoned Cemetery.

Section 11-47-72
Filing, etc., of declaration as to removal of all remains from abandoned cemetery.
After the removal of all human remains interred in any part or the whole of the cemetery lands abandoned as a burial place for the human dead as provided in this division, the cemetery corporation, association, corporation sole, or other person owning or controlling such cemetery lands may file for record in the office of the judge of probate of the county in which such lands are situated a written declaration reciting that all human remains have been removed from the part or portion of such lands described in such declaration. Such declaration shall be acknowledged in the manner of the acknowledgment of deeds to real property by the president and secretary or other corresponding officers of such cemetery corporation or association or by the incumbent of any such corporation sole or by the persons owning or controlling such cemetery lands, and thereafter any deed, mortgage, or other conveyance of any part of said lands shall be conclusive evidence in favor of any grantee or mortgagee therein named his successor or assigns of the fact of the complete removal of all human bodies therefrom.
(Acts 1957, No. 389, p. 523, §12.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-73 - Payment of Expenses of Abandonment and Removal by Corporations, etc.; Disposition of Funds of Corporation, etc., Remaining Thereafter.

Section 11-47-73
Payment of expenses of abandonment and removal by corporations, etc.; disposition of funds of corporation, etc., remaining thereafter.
(a) Whenever any cemetery corporation or association shall have resolved upon the abandonment of any cemetery or part thereof and the removal of the human remains therefrom under the provisions of this division, such cemetery corporation or association shall have power to employ any moneys in its treasury to defray the expense of such abandonment and removal, including the expense of purchasing or otherwise providing a suitable place for the interment or depositing of such remains in any other cemetery, mausoleum, or columbarium in this state, including the expenses of disinterment, transportation, and reinterment or the depositing of such remains in such mausoleum or columbarium, the expenses of the removal and disposal of such vaults, monuments, headstones, coping, or other improvements which may remain after the human bodies are removed from any such cemetery or part thereof, all necessary expenses incident to the sale or mortgaging of any of said lands, all other expenses necessarily incurred in carrying out such abandonment of such cemetery lands and the removal and reinterment or disposing of the bodies so removed and all other expenses incident to any of the above purposes.
(b) Any moneys remaining in the treasury of such cemetery association or corporation after making the removal and reinterment of the bodies from such cemetery lands shall be retained and used as a fund for the perpetual maintenance and care of the cemetery lands wherein such bodies so removed have been interred or for the maintenance and care of any memorial mausoleum or columbarium in which said human remains have been deposited or such fund may be used for such other purposes as such cemetery corporation or association may lawfully declare.
(Acts 1957, No. 389, p. 523, §9.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 2 - Cemeteries and Burial Grounds. › Division 2 - Abandonment of Cemeteries and Removal and Reinterment of Human Remains. › Section 11-47-74 - Removal of Remains, etc., From Cemeteries Owned by Churches, Etc.

Section 11-47-74
Removal of remains, etc., from cemeteries owned by churches, etc.
Nothing contained in this division shall authorize or permit or be construed or deemed to authorize or permit the heirs, relatives, or friends of any deceased person whose body has been interred in any cemetery owned, governed or controlled by any religious corporation or by any church or religious society or any denomination or by any corporation sole administering temporalities of any religious denomination, society, or church or owned, governed or controlled by any person or persons as trustee or trustees for any religious denomination, society or church to disinter, remove, reinter, or dispose of any such body except in accordance with the rules, regulations, and discipline of such religious denomination, society, or church.
(Acts 1957, No. 389, p. 523, §15.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-90 - Authorization for Conduct by Municipality; Appointment, Oath, and Duties of Enumerators.

Section 11-47-90
Authorization for conduct by municipality; appointment, oath, and duties of enumerators.
Municipal corporations may by ordinance require a census to be taken of the inhabitants residing within the corporate limits of such municipality. Such census shall be taken by enumerators, who shall be responsible citizens appointed by the mayor and confirmed by the council. Such enumerator or enumerators shall take such census block by block and shall state, as far as practical, the name, age, sex, and race of each person residing within such municipality. They shall, before entering upon their duties, take and subscribe the following oath: "I solemnly swear that I will honestly and conscientiously enumerate the inhabitants living within the town or city, or portion thereof allotted to me for enumeration."
(Code 1907, §1060; Code 1923, §1751; Code 1940, T. 37, §481.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-91 - Arrangement and Return of Enumeration; Certification of Same to Secretary of State; Effect as to Conduct of School Census.

Section 11-47-91
Arrangement and return of enumeration; certification of same to Secretary of State; effect as to conduct of school census.
Such enumeration shall be alphabetically arranged and returned to the mayor, together with the original books of enumeration. The mayor shall thereupon certify to the Secretary of State the result of such census, giving the total number of each race residing within the corporate limits of the municipality, and the result so certified by the mayor under the seal of the municipality, attested by the clerk, shall be the official census of such city or town until the next federal census or until a new enumeration shall have been taken.
When a municipal census shall have been taken in an odd year, it shall not be necessary to take a separate school census in such municipality during such year, but such school census shall be taken from the result of the enumeration made by the municipality and certified as required by law to the State Superintendent of Education.
(Code 1907, §1061; Code 1923, §1752; Code 1940, T. 37, §482.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-92 - Authorization for Conduct by Federal Bureau of Census; Limitation.

Section 11-47-92
Authorization for conduct by federal bureau of census; limitation.
Any city or town may by ordinance provide for a census of all persons residing within the corporate limits of such city or town to be taken by the bureau of the census of the United States Department of Commerce, but no such census may be conducted more often than every five years.
(Acts 1953, No. 845, p. 1136, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-93 - Use of Federally Conducted Census.

Section 11-47-93
Use of federally conducted census.
Any census taken under the provisions of Section 11-47-92 shall be used only as the basis for any law which provides for the levy or collection of license taxes where such levy or collection of license taxes is based on population and as the basis for any law which provides for the distribution of state-collected or county-collected licenses, excises, revenues, or funds where such distribution is administered or distributed on a population basis. Such census shall be used in administering any such laws as soon as such census is certified by the bureau of the census, of the United States Department of Commerce and proclaimed by the governing body of the city or town providing for the taking of the census; provided, that where a municipality is annexed or otherwise merged with another municipality it shall not be necessary to take a census as provided in this section but the population of the municipality to which such other municipality is annexed or merged shall be the combined total of the population of each such municipality according to the last federal census and such total population shall be the official census of such municipality.
(Acts 1953, No. 845, p. 1136, §2.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-94 - Effect of Taking and Filing Report of Census.

Section 11-47-94
Effect of taking and filing report of census.
Where the census of any city or town in this state has been or may hereafter be taken as provided by this article and the report of the census thus taken has been or may hereafter be filed with the Secretary of State, the census, purporting to be a true and correct enumeration of the inhabitants residing in said cities and towns, is and shall be ratified, confirmed, and validated and the report of said census which has been or may hereafter be filed shall for all purposes govern and be taken as the true and correct census for all such cities and towns in the state when so taken. The form of government of such cities and towns shall be governed and controlled by such census when the same is so taken and a report thereof is filed in accordance with the provisions of this section.
(Acts 1919, No. 357, p. 465; Code 1923, §1762; Code 1940, T. 37, §483; Acts 1953, No. 855, p. 1146.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 3 - Census. › Section 11-47-95 - Limitation Upon Taking of Census.

Section 11-47-95
Limitation upon taking of census.
A census may be taken by the cities and towns as provided by this article and a report of the same be filed in accordance with the provisions of Section 11-47-94 as often as the city or town council of any such city or town may deem advisable, but in no event shall such census be taken more than once in each five years.
(Acts 1919, No. 357, p. 465; Code 1923, §1763; Code 1940, T. 37, §484.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-110 - Animals Running at Large on Streets; Driving Livestock Through Streets.

Section 11-47-110
Animals running at large on streets; driving livestock through streets.
All cities and towns of this state shall have the power to regulate and prevent the running at large on the streets of all equine or equidae, cows, hogs, dogs, or other animals and to pass all laws necessary for the impounding and sale of the animals and destruction of dogs and to regulate and prohibit the driving of livestock in droves through the streets of a city or town.
(Code 1907, §1285; Code 1923, §2042; Code 1940, T. 37, §485; Act 2004-627, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-110.1 - Certified Animal Control Officer in Class 5 and Class 8 Municipalities.

Section 11-47-110.1
Certified animal control officer in Class 5 and Class 8 municipalities.
(a) As used in this section, a local animal control law means a municipal ordinance or local law governing the treatment, care, well-being, or safety of animals.
(b) A Class 5 and Class 8 municipality, by ordinance, may:
(1) Establish civil penalties for violations of local animal control laws in an amount not to exceed one thousand dollars ($1,000) for any violation.
(2) Establish the position of certified animal control officer as well as the authorities and responsibilities of a certified animal control officer, which may include the authority to issue citations, as further provided in this section.
(c) The chief of police of a Class 5 and Class 8 municipality or his or her designee shall be responsible for certifying and revoking the certification of animal control officers, which shall include establishing minimum standards for training and experience that an individual must meet to qualify for certification.
(d) A certified animal control officer authorized by municipal ordinance to issue citations for violations of local animal control laws may do so by either certified mail or personal service.
(e) The municipal court of the respective Class 5 and Class 8 municipality shall have the authority to hear any appeal and impose and enforce civil penalties issued pursuant to this section.
(Act 2017-320, §1.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-111 - Prohibition of Gaming and Gambling Houses, Etc.

Section 11-47-111
Prohibition of gaming and gambling houses, etc.
All cities and towns of this state shall have the power to restrain and prohibit gaming and the keeping of gambling houses or tables and may by ordinance authorize the police to enter such house or part thereof, seize all gambling implements, and arrest all persons therein whenever any reputable person shall make affidavit that he has good cause to believe and does believe that any house is being kept for the purpose of carrying on gambling therein.
(Code 1907, §1291; Code 1923, §2049; Code 1940, T. 37, §486.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-112 - Promotion of Temperance; Suppression of Intemperance and Traffic in Certain Beverages, Etc.

Section 11-47-112
Promotion of temperance; suppression of intemperance and traffic in certain beverages, etc.
All cities and towns of this state shall have the power to adopt ordinances not inconsistent with the laws of the state to promote temperance and to suppress intemperance and to suppress the traffic in such beverages as the laws of the state prohibit to be manufactured, sold, or otherwise disposed of, and to prevent evasion of such ordinances. Such cities and towns shall also have the power to provide for the destruction of liquors and beverages kept for sale in violation of law or for other illegal purposes and that may be declared to be contraband.
(Acts 1909, No. 161, p. 174; Code 1923, §2054; Code 1940, T. 37, §487.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-113 - Prohibition of Houses of Prostitution.

Section 11-47-113
Prohibition of houses of prostitution.
The council or other governing body of any town or city of this state may prohibit houses of prostitution and punish the inmates thereof.
(Code 1907, §1294; Code 1923, §2052; Code 1940, T. 37, §488.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-114 - Regulation of Running, etc., of Trains or Automobiles Within Corporate Limits.

Section 11-47-114
Regulation of running, etc., of trains or automobiles within corporate limits.
All towns or cities shall have the power to regulate the running of railroad trains or engines or automobiles within the corporate boundaries, and to prohibit the standing thereof on or across the streets or highways within the corporate boundaries.
(Code 1876, §1801; Code 1886, §1519; Code 1896, §2970; Code 1907, §1452; Code 1923, §2308; Code 1940, T. 37, §489.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-115 - Regulation of Operation of Street Railroad Company Over Tracks of Another.

Section 11-47-115
Regulation of operation of street railroad company over tracks of another.
Any street railroad company operating its railroad by steam, electric, or other power shall have the right and may be required by the council or other governing body of any town or city of this state to operate its cars over the tracks of any other street railroad company in whole or in part in said city or town under such rules and regulations as may be prescribed by ordinance, upon the payment by the company so using the tracks of another of just compensation for the use thereof, and the council or other governing body of said city or town shall pass such ordinances as may be necessary to carry this provision into effect.
(Code 1907, §1267; Code 1923, §2015; Code 1940, T. 37, §490.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-116 - Taking Up and Storing of Abandoned and Stolen Personal Property; Redemption by Owner; Sale and Disposition of Proceeds.

Section 11-47-116
Taking up and storing of abandoned and stolen personal property; redemption by owner; sale and disposition of proceeds.
(a) All municipalities are hereby authorized to provide by ordinance for the taking up and storing of abandoned and stolen personal property found within the corporate limits or outside the corporate limits but within the police jurisdictions and to sell the same in the manner provided in subsection (b) of this section. A permanent record giving the date of the taking of each piece of such property, the place where found and taken and a description of the property shall be kept. The property so taken shall be stored in a suitable place to protect it from deterioration; provided, that if the property be perishable the same may be sold at once without notice, in which case the proceeds shall be held for a period of six months for the account of the owner and if not called for within that time shall be converted into the general fund.
(b) At least every six months the chief officer of the law enforcement department of each such city and town adopting an ordinance under subsection (a) of this section shall sell at public auction to the highest bidder for cash the property which shall have then been taken up and stored for a period of three months or more, the sales to be made after notice of the time and place thereof shall have first been given by publication of notice once a week for two successive weeks in a newspaper of general circulation published in the city or town in question and, in cities and towns in which no newspaper is published, by posting such notice in a conspicuous place at the city hall or police station. The first publication or posting of notice, as the case may be, shall be at least 20 days before the sale. The owner of any of the property taken up and stored may redeem the same at any time prior to its sale by paying the reasonable expense of taking the property in charge, its maintenance and storage and a pro rata of the cost of publication. Each article shall be sold separately and a notation in the storage record book shall be made of the amount received for each article. The person making the sale shall have the right to reject any and all bids if the amount bid be unreasonably low and shall have the right to continue the sales from time to time if no bidders are present. After deducting and paying all expenses incurred in the taking up, storing, maintaining and selling of the property, the balance, if any, shall be paid into the general fund of the municipality making the sale.
(Acts 1943, No. 533, p. 507.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-117 - Abatement of Nuisances, etc., Generally; Assessment of Costs of Abatement.

Section 11-47-117
Abatement of nuisances, etc., generally; assessment of costs of abatement.
All cities and towns of this state shall have the power to prevent injury or annoyances from anything dangerous or offensive or unwholesome and to cause all nuisances to be abated and assess the cost of abating the same against the person creating or maintaining the same.
(Code 1907, §1278; Code 1923, §2034; Code 1940, T. 37, §505.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 4 - General Police Powers. › Section 11-47-118 - Maintenance of Civil Actions to Enjoin and Abate Public Nuisances.

Section 11-47-118
Maintenance of civil actions to enjoin and abate public nuisances.
Municipalities may maintain a civil action to enjoin and abate any public nuisance, injurious to the health, morals, comfort, or welfare of the community or any portion thereof.
(Acts 1919, No. 49, p. 50; Code 1923, §2055; Code 1940, T. 37, §506.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-130 - Maintenance of Health and Cleanliness Generally.

Section 11-47-130
Maintenance of health and cleanliness generally.
All cities and towns in this state shall have the power to maintain the health and cleanliness of the city or town within its limits and within the police jurisdiction thereof.
(Code 1907, §1290; Code 1923, §2048; Code 1940, T. 37, §491.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-131 - Powers as to Health, Sanitation and Quarantine Generally.

Section 11-47-131
Powers as to health, sanitation and quarantine generally.
In addition to the powers granted to them by the applicable provisions of this title or any other provisions of law, all cities and towns of this state shall have the following powers, and the councils or other governing bodies of such cities and towns may provide by ordinance or resolution for the exercise or enforcement of the same:
(1) To prevent the introduction of contagious, infectious, or pestilential diseases into such cities or towns;
(2) To establish and regulate a sufficient quarantine, not inconsistent with laws of the state, in the towns and cities and within the police jurisdiction thereof and to punish any breach of quarantine law;
(3) To adopt such ordinances and regulations as the council or other governing body may deem necessary to insure good sanitary condition in public places or in private premises in the cities and towns; and
(4) To prescribe the duties and fix the salaries and compensation for such health officials as they may deem necessary.
(Code 1907, §1276; Code 1923, §2032; Code 1940, T. 37, §492.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-132 - Provision for System of Compulsory Vaccination, Etc.

Section 11-47-132
Provision for system of compulsory vaccination, etc.
All cities and towns of this state shall have the power to adopt all necessary ordinances and enforce the same to prevent the introduction or spread of contagious, infectious, or pestilential diseases in such cities or towns and, to that end, may provide for a system of compulsory vaccination and enforcement of the same.
(Code 1907, §1289; Code 1923, §2047; Code 1940, T. 37, §493.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-133 - Appropriation of Funds for Care of Certain Sick and Wounded Persons in Municipal Hospitals.

Section 11-47-133
Appropriation of funds for care of certain sick and wounded persons in municipal hospitals.
The board of mayor and aldermen or other governing body of cities or towns in this state may make appropriations out of the revenues of their respective cities or towns to aid in maintaining and taking care of sick or wounded persons who are unable to provide such maintenance and care for themselves in any hospital maintained in their respective cities or towns exclusively for the care of the sick or wounded within the limits of such cities or towns.
(Code 1907, §1460; Code 1923, §2316; Code 1940, T. 37, §494.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-134 - Establishment, Aid, etc., of Hospitals, Poorhouses, etc., in Counties; Removal and Detention of Persons With Contagious, etc., Diseases.

Section 11-47-134
Establishment, aid, etc., of hospitals, poorhouses, etc., in counties; removal and detention of persons with contagious, etc., diseases.
All cities and towns of this state shall have the power to aid, establish, set up, and regulate hospitals, poorhouses, workhouses, houses of correction, and pesthouses anywhere in the county in which the city or town is situated and cause persons afflicted with contagious, infectious, or pestilential diseases to be removed to such hospitals or pesthouses as may be provided for the purpose and to cause persons who have been exposed to such diseases, or any of them, to be removed to some suitable place of detention and detained for a reasonable length of time.
(Code 1907, §1277; Code 1923, §2033; Code 1940, T. 37, §495.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-135 - Establishment of Incinerators, etc., for Disposal of Garbage, etc.; Hauling and Disposal of Garbage and Trash; Fees.

Section 11-47-135
Establishment of incinerators, etc., for disposal of garbage, etc.; hauling and disposal of garbage and trash; fees.
All cities and towns of this state shall have the power to establish and maintain incinerators for the destruction of garbage and like substances or to otherwise dispose of garbage, either within or without the city limits, and to haul or cause to be hauled to such incinerators or other places of disposal trash and garbage of all kinds and cause the destruction of the same in such manner as may be deemed expedient by the proper municipal authorities and to fix and collect such reasonable fees as may be necessary to carry out the provisions of this section.
(Code 1907, §1282; Code 1923, §2039; Code 1940, T. 37, §496; Acts 1947, No. 61, p. 26.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-136 - Prohibition of Sale, etc., of Impure, Adulterated, etc., Food, Drink, etc.; Provision for Inspections; Fees.

Section 11-47-136
Prohibition of sale, etc., of impure, adulterated, etc., food, drink, etc.; provision for inspections; fees.
All cities and towns of this state shall have the power to prohibit and prevent the gift, barter, sale, or display of impure or adulterated foods and drinks and of diseased or unsound meats or decayed fruits and vegetables or impure, adulterated, unsound, or unwholesome articles of food or drink of any kind and to provide all such inspection laws as may be deemed advisable or necessary and to prescribe and require the payment of all such reasonable fees as may be necessary to defray the expenses of carrying out the powers granted in this section.
(Code 1907, §1295; Code 1923, §2053; Code 1940, T. 37, §497.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-137 - Regulation, etc., of Markets and Marketing of Food Products, Etc.

Section 11-47-137
Regulation, etc., of markets and marketing of food products, etc.
All cities and towns of this state shall have the power to establish, regulate and control markets and market houses and to require and provide for the proper inspection of food products and articles offered for sale or barter within the police jurisdiction of the city or town and for the punishment of persons or corporations offering for sale unsound or unwholesome articles in markets or other places in the city or town or within the police jurisdiction thereof.
Such cities and towns shall have the power to inspect all dairies and the products of the same in the county in which the city or town or any part thereof is located and the owner of which sells or disposes of milk or butter in such city or town and to regulate the same, and the council or other governing body of such city or town may fix and prescribe the payment of a reasonable fee for such inspection. Such council or other governing body shall have the power to regulate the sale of meats, vegetables, fruits, and other articles and to prescribe the localities in which the same may be sold, but any person may keep and sell fresh meats in such localities in any grocery store, green grocery store, or other store of similar nature, subject to the ordinances of the city or town regulating the slaughtering, inspecting, and keeping and selling of such meats, and this right shall not be restrained or denied by the imposition of unnecessary, unreasonable, or discriminatory regulations or excessive licenses. In the territory outside of the corporate limits and inside of the police jurisdiction of a municipality, any person shall have the right to sell fresh meats subject to the inspection of such meats on the premises where sold and subject to the same sanitary and slaughtering regulations governing meats sold inside of the corporate limits and subject to a license to be fixed by the city or town.
(Code 1907, §1279; Acts 1915, No. 555, p. 619; Code 1923, §2035; Code 1940, T. 37, §498.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-138 - Establishment, Regulation, etc., of Slaughterhouses and Pens; Regulation of Sale, etc., of Fresh Meats, etc.; Fees and Charges.

Section 11-47-138
Establishment, regulation, etc., of slaughterhouses and pens; regulation of sale, etc., of fresh meats, etc.; fees and charges.
All cities and towns of this state shall have the power to establish, control, and regulate slaughterhouses and pens and to confine the same to a specified limit in or outside of the city or town or prohibit the same within the police jurisdiction of the city or town, and to regulate the sale of fresh meats within the city or town, whether butchered therein or not, and to establish a system of inspecting such slaughterhouses and such meats, either before or after the same are butchered, and to prohibit the sale of such meats after the same are condemned, and provide for the disposition thereof. Such cities and towns shall also have the power to provide for the weighing and herding outside of the city or town of all livestock intended for slaughter and to fix, regulate, and collect reasonable fees and charges to pay the expenses of carrying out the powers granted in this section.
(Code 1907, §1281; Code 1923, §2038; Code 1940, T. 37, §499.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-139 - Inspection of Dairies, Meats, etc., for Other Municipalities.

Section 11-47-139
Inspection of dairies, meats, etc., for other municipalities.
All municipalities of this state may inspect dairies, milk, meats and other food products for other municipalities and may make contracts and agreements with such other municipalities with reference to payment or compensation for such services, and the governing bodies of such municipalities may apportion the costs of such inspections or agree upon such terms as they deem proper.
(Acts 1919, No. 43, p. 41; Code 1923, §2036; Code 1940, T. 37, §500.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 5 - Powers as to Health, Sanitation and Quarantine. › Section 11-47-140 - Construction, Regulation, etc., of Public Wells, Cisterns, etc.; Requirement of Cutting of Weeds, Proper Setting of Gutters, Etc.

Section 11-47-140
Construction, regulation, etc., of public wells, cisterns, etc.; requirement of cutting of weeds, proper setting of gutters, etc.
All cities and towns of this state shall have the power to construct, repair, and regulate public wells and cisterns and to compel the screening of all wells, cisterns, and other places in the city or town in which water is collected where mosquitoes or other insects of like kind are apt to propagate. Such cities and towns shall also have the power to compel the proper setting of gutters so as to prevent stagnant water therein and to require weeds to be cut or other things or conditions favorable to the harboring of such insects to be abated or to do such work at the expense of the owner, the same to be a lien on the property to be collected as any other debts are collected or liens enforced.
(Code 1907, §1280; Code 1923, §2037; Code 1940, T. 37, §501.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 7 - Acquisition of Lands, Easements, Rights-of-Way, Etc. › Section 11-47-171 - Authorization of Acquisition by Municipal Governing Body.

Section 11-47-171
Authorization of acquisition by municipal governing body.
Whenever in the opinion of the council or other governing body of a city or town, a right-of-way through the lands of others (whether in or out of the city or town) is necessary for obtaining a water supply or for sewerage or drainage purposes and whenever the council or other governing body may determine to change the grade of any street, sidewalk, or public place and whenever any property is needed for any city or town purpose, the council or other governing body shall authorize the mayor or other chief executive officer to attempt to acquire such right by purchase from the owner or owners thereof and, in case of failure, to acquire the same by condemnation.
(Code 1907, §1440; Code 1923, §2296; Code 1940, T. 37, §508.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 7 - Acquisition of Lands, Easements, Rights-of-Way, Etc. › Section 11-47-173 - Right of Entry of Municipality Pending Appeal.

Section 11-47-173
Right of entry of municipality pending appeal.
When an appeal is taken from any preliminary assessment as provided for in subsection (c) of Section 11-47-172, such appeal shall not deprive the municipal corporation obtaining the judgment of condemnation from a right of entry for any or all of the purposes provided for in Section 11-47-171 or subsection (a) of Section 11-47-172; provided, that the amount of damages assessed shall be paid into court in money and a bond shall be given in not less than double the amount of damages assessed, with good and sufficient sureties, to be approved by the clerk of the court to which the appeal is taken, conditioned to pay such damages as the owner of the property may sustain.
(Code 1907, §1442; Code 1923, §2298; Code 1940, T. 37, §510.)
2023 Code of Alabama › Title 11 - Counties and Municipal Corporations. › Title 2 - Provisions Applicable to Municipal Corporations Only. › Chapter 47 - Powers, Duties and Liabilities Generally. › Article 8 - Liability for Negligence of Agents, Etc. › Section 11-47-190 - When Municipality Liable; Joint Liability of Other Persons or Corporations.

Section 11-47-190
When municipality liable; joint liability of other persons or corporations.
No city or town shall be liable for damages for injury done to or wrong suffered by any person or corporation, unless such injury or wrong was done or suffered through the neglect, carelessness, or unskillfulness of some agent, officer, or employee of the municipality engaged in work therefor and while acting in the line of his or her duty, or unless the said injury or wrong was done or suffered through the neglect or carelessness or failure to remedy some defect in the streets, alleys, public ways, or buildings after the same had been called to the attention of the council or other governing body or after the same had existed for such an unreasonable length of time as to raise a presumption of knowledge of such defect on the part of the council or other governing body and whenever the city or town shall be made liable for damages by reason of the unauthorized or wrongful acts or negligence, carelessness, or unskillfulness of any person or corporation, then such person or corporation shall be liable to an action on the same account by the party so injured. However, no recovery may be had under any judgment or combination of judgments, whether direct or by way of indemnity under Section 11-47-24, or otherwise, arising out of a single occurrence, against a municipality, and/or any officer or officers, or employee or employees, or agents thereof, in excess of a total $100,000 per injured person up to a maximum of $300,000 per single occurrence, the limits set out in the provisions of Section 11-93-2 notwithstanding.
(Code 1907, §1273; Code 1923, §2029; Code 1940, T. 37, §502; Acts 1994, No. 94-641, p. 1202, §1.)