reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 4 - Aviation. › Chapter 3 - Airport Authorities. › Article 2 - Alternate Procedure for Incorporation. › Section 4-3-59 - Exemption of Bonds, Property and Income of Authority From Taxation; Concessionaires, Tenants, etc., of Authority Subject to State and Local Taxation; Exemption From Payment of Deed Recording Fees and Roll-Back Taxes.

Section 4-3-59
Exemption of bonds, property and income of authority from taxation; concessionaires, tenants, etc., of authority subject to state and local taxation; exemption from payment of deed recording fees and roll-back taxes.
The bonds issued by the authority and the income therefrom shall be exempt from all taxation in the state. All property and income of the authority shall be exempt from all state, county, municipal and other local taxation; provided however, that this exemption shall not be construed to exempt concessionaires, licensees, tenants, operators or lessees of the authority from the payment of any licenses or privilege taxes levied by the state, the county or any municipality in the state. Any deeds or other documents whereby properties are conveyed to the authority, any indentures executed by the authority and any leases made by the authority may be filed for record in the office of the judge of probate of the county without the payment of any tax or fees other than such fees as are prescribed by law for the recording of such instruments. In addition, the authority shall not be required to pay any tax resulting from the conversion of property qualified for assessment based on its current use value, with respect to either property conveyed to the authority or property sold or otherwise disposed of by the authority; provided, however, that this exemption shall not be construed to exempt from liability for such additional ad valorem taxes any person otherwise liable, under applicable provisions of law, for the payment of such taxes.
(Acts 1977, No. 331, p. 433, §17; Acts 1991, No. 91-268, p. 499, §4.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 3 - Airport Authorities. › Article 2 - Alternate Procedure for Incorporation. › Section 4-3-60 - Exemption From State Contracting, Purchasing and Zoning Restrictions; Zoning Powers.

Section 4-3-60
Exemption from state contracting, purchasing and zoning restrictions; zoning powers.
Authorities organized pursuant to this article shall be exempt from the laws relating to the advertising and award of construction contracts and purchase contracts made by or in behalf of the state and its departments and public bodies and shall be exempt from all zoning laws, ordinances and regulations, but nothing in this section shall exempt such authorities from laws relating to surety bond requirements for such contracts.
Any authority organized pursuant to the provisions of this article shall have the same zoning powers with respect to the zoning of airports in unincorporated areas owned or operated by such authority and the zoning of unincorporated areas lying within two miles of the boundaries of such airports as are conferred by Sections 4-6-1 through 4-6-15 on municipalities owning or operating airports.
(Acts 1977, No. 331, p. 433, §21.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 3 - Airport Authorities. › Article 2 - Alternate Procedure for Incorporation. › Section 4-3-61 - Procedure for Dissolution.

Section 4-3-61
Procedure for dissolution.
At any time when no bonds of the authority are outstanding, the authority may be dissolved upon the filing with the judge of probate in the county in which is filed the certificate of incorporation of an application for dissolution, which shall be subscribed by each of the members of the authority and sworn to by each member before an officer authorized to take acknowledgments to deeds and shall have appended thereto a certified copy of a resolution of the authorizing subdivision or authorizing subdivisions consenting to such dissolution. Upon the filing of such application for dissolution, the authority shall cease to exist. Said probate judge shall receive and record the application for dissolution in an appropriate book of record in his office. Upon dissolution, all rights, title and interests of the authority in property shall be vested in the authorizing subdivisions pursuant to the provisions of the certificate of incorporation or, in the absence of such provisions, shall be vested in the authorizing subdivisions, share and share alike.
(Acts 1977, No. 331, p. 433, §22.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 3 - Airport Authorities. › Article 2 - Alternate Procedure for Incorporation. › Section 4-3-62 - Provisions of Article Cumulative.

Section 4-3-62
Provisions of article cumulative.
This article shall provide an alternate and additional procedure for incorporating airport authorities and governing such authorities when incorporated. The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent with provisions of this article.
(Acts 1977, No. 331, p. 433, §23.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 3 - Airport Authorities. › Article 3 - Borrowing by Municipalities. › Section 4-3-80 - Authority and Procedure.

Section 4-3-80
Authority and procedure.
Any incorporated city or town in this state may borrow money to the extent of its constitutional debt limit for the purpose of providing funds to enable or assist any airport authority incorporated as a public corporation with the consent and approval of such city or town to acquire, own and operate any airport, including related facilities, situated within or without the corporate limits of such city or town or partly within or without such limits and to pay all costs, fees and commissions agreed upon in connection with any such loans, and the governing body thereof may, without an election, issue evidences of its indebtedness in the form of interest-bearing warrants, notes or bills payable, maturing at such time or times as such governing body may determine, not exceeding 20 years from the date of issue, and any such city or town may, as security for any such evidences of indebtedness and as a part of the contract whereunder any money is borrowed, agree to annually levy, collect and apply to the payment thereof, so long as the same or any part thereof remains unpaid, any special tax or license authorized on the date of such contract to be levied and collected.
(Acts 1977, No. 330, p. 432, §1.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-1 - Definitions.

Section 4-4-1
Definitions.
When used in this chapter, unless the context plainly indicates otherwise, the present tense shall include the future tense and the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) AIRCRAFT. Any contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for use primarily as safety equipment.
(2) CIVIL AIRCRAFT. Any aircraft, other than a military aircraft of the United States or of a state, territory or possession of the United States.
(3) OPERATING AIRCRAFT. Performing the services of an aircraft pilot.
(4) STATE. The State of Alabama.
(5) MUNICIPALITY. Any county, city, town or incorporated village of the State of Alabama.
(6) MUNICIPAL AIRPORT. An airport under the direct control and management of a municipality; provided, that for the purpose of this and the following definition, the letting by a municipality to others of any privilege or concession upon an airport shall not be construed as depriving the municipality of any control or management over any part of such airport or the operations thereon.
(7) OPERATING AIRPORT. Managing and controlling an airport open for use.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §21.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-2 - Authority to Acquire, Establish, etc., Municipal Airports.

Section 4-4-2
Authority to acquire, establish, etc., municipal airports.
Each municipality of this state is hereby authorized to acquire, establish, construct, expand, own, control, equip, improve, maintain, operate and regulate airports or landing fields for the use of airplanes and other aircraft, either within or without the geographical limits thereof.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §22.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-3 - Use of Parks for Airports, Etc.

Section 4-4-3
Use of parks for airports, etc.
Each such municipality shall have power and authority to establish, construct, equip, improve, maintain, operate and regulate airports or landing fields in and upon any public parks or other property now or hereafter owned by such municipality, whether acquired by condemnation or otherwise, and the use of parks for such purpose or purposes is hereby declared a proper park use.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §23.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-4 - Municipal, etc., Immunity From Liability for Negligence.

Section 4-4-4
Municipal, etc., immunity from liability for negligence.
The construction, maintenance and operation of municipal airports is hereby declared a public governmental function, and no action or suit shall be brought or maintained against any municipality for or on account of the negligence of such municipality or of its officers, agents, servants or employees, in or about the construction, maintenance, operation, superintendence or management of any municipal airport.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §24.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-5 - Methods of Acquisition.

Section 4-4-5
Methods of acquisition.
Whenever, in the judgment of the council or other governing body of any municipality of this state, it shall appear necessary or expedient for such municipality to acquire privately owned lands for airport uses, either within or without the geographical limits thereof, such municipality shall have power to acquire the same in fee simple by exercise of the right of eminent domain, by purchase or by gift. Each such municipality shall also have power to acquire a term of years in lands for airport uses; provided, however, that such municipality, upon the passage of proper and regular resolution or ordinance authorizing such action, may provide all or part of the cost of land so acquired for airport or airpark uses by giving as security a regular mortgage on the lands so acquired.
(Acts 1931, No. 136, p. 197; Acts 1935, No. 493, p. 1046; Code 1940, T. 4, §25.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-6 - Acquisition of Lands by Condemnation.

Section 4-4-6
Acquisition of lands by condemnation.
In the event any municipality shall resort to condemnation proceedings for the acquisition of lands for airport uses, such proceedings shall be governed in all respects by the laws of this state applicable to the condemnation by such municipality of lands for other public purposes.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §26.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-7 - Control of Airports by Municipal Governing Bodies; Delegation of Powers to Other Bodies or Officers.

Section 4-4-7
Control of airports by municipal governing bodies; delegation of powers to other bodies or officers.
When any municipality has acquired or set apart land for use as a municipal airport, the council or other governing body of such municipality shall have the power and authority to develop the same into a municipal airport and to improve, equip, maintain, operate, regulate and police the same. Such governing body may adopt regulations for the government of the municipal airports of such municipality, provide penalties for violation of such regulations and establish and collect fees, tolls and charges for the use of such airports or parts thereof or any facilities thereof or any equipment thereof. The power and authority committed by this section to the governing body of such municipality may be by it conferred upon a board or officer of such municipality or upon any board created by law for the government of the parks of such municipality, subject always, however, to the superior control of such governing body.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §27.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-8 - Municipality May Provide Goods, Services, etc.; Grant of Concessions.

Section 4-4-8
Municipality may provide goods, services, etc.; grant of concessions.
Any municipality which has established, or which shall hereafter establish, a municipal airport shall have authority to furnish or supply upon said airport, to persons and aircraft thereon, for reward or compensation, goods, commodities, area, facilities and services convenient or useful to the owners, operators and users of aircraft and to persons upon said airport, including, without limiting the generality of the foregoing, food, lodging, shelter, lawful drinks, confections, reading matter, oil, gasoline, motors and aircraft, motor and aircraft parts, space in buildings, space for buildings and structures and the service of mechanics, instructors and hostlers. Any such municipality may, for reward or compensation, confer upon individuals, firms, corporations or companies, the privilege or concession of supplying upon such airport all or any part of the goods, commodities, things, services and facilities in this section authorized to be supplied.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §28.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-9 - Municipal Liens for Supplies, Services, etc.; Liens of Concessionaires; Priority and Enforcement of Liens.

Section 4-4-9
Municipal liens for supplies, services, etc.; liens of concessionaires; priority and enforcement of liens.
Each municipality which is operating a municipal airport shall have a lien upon any civil aircraft for the reasonable price of supplies, space, facilities or services furnished by such municipality upon said airport to such aircraft or the operator thereof. Each such municipality may, by ordinance, rule or regulation, give to concessionaires of such municipality liens upon civil aircraft for the reasonable price of supplies, space, facilities or services furnished upon said airport to such aircraft or the operator thereof by such concessionaires and may prescribe the circumstances and conditions under which such liens shall attach. The liens provided for in this section shall be superior to all other liens, except the liens of state, county and city for taxes, and the operator of such aircraft shall be deemed the agent of any owner, mortgagee or lienor thereof for the creation of such superior liens. The lien given by this section to municipalities shall be superior to liens of concessionaires. The lien provided for in this section may be enforced in the manner provided for the enforcement of landlords' liens. The municipality shall also have the right to detain such aircraft upon said airport until its lien or the liens of concessionaires have been fully satisfied.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §29.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-10 - Abatement or Removal of Hazards; Acquisition of Air Rights; Markers or Lights on Hazards.

Section 4-4-10
Abatement or removal of hazards; acquisition of air rights; markers or lights on hazards.
Any municipality of this state which has established and is operating a municipal airport shall have the power and authority to condemn, or acquire by purchase or gift, the right to abate or remove any structure, building, tower, pole, wire, tree, woods or other thing, or portion thereof, located within one quarter of a mile of such airport, which the governing body of such municipality shall determine to constitute a menace to the safety of aircraft using such airport, including the right of ingress to and egress from the land upon which such structure, building, tower, pole, wire, tree, woods or other things exist, for the purpose of such abatement or removal. In addition to the foregoing power and authority, any such municipality shall also have the power and authority to condemn or acquire by purchase or gift the right to the unobstructed use of such portion of the airspace above lands within one quarter of a mile of such airport as the governing body of such municipality may determine to be necessary for the safe landing and taking-off of aircraft utilizing such airport. Such municipality shall have the further power and authority to acquire by purchase or gift or to condemn, for a term of years or perpetually the right to place and maintain obstruction markers or lights upon any structure, building, tower, pole, wire, tree, woods or other thing located within one quarter of a mile of such airport, which the governing body shall determine to constitute a menace to the safety of aerial navigation to or from said airport, including the right to lay and maintain conduits and wires to such obstruction markers or lights. Proceedings for the condemnation of any of the rights mentioned in this section shall be governed in all respects by the laws of this state applicable to the condemnation by such municipality of easements in land for public purposes.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §30.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-11 - Bonds for Airport Purposes.

Section 4-4-11
Bonds for airport purposes.
Each municipality in this state shall have full and continuing power and authority, within the limits of the constitution now or hereafter in effect, to issue and sell bonds for the purpose of extending, enlarging and improving its airport or airports or an airport in which it is or may be a joint owner or operator and of acquiring or improving or paying for land for airport uses, or property purchased or condemned to facilitate the operation of an airport or airports, when the issuance of such bonds has been heretofore or shall be hereafter authorized by a majority vote of the qualified electors of such municipality voting at an election called and held, and the result declared, in the manner required by law for securing authorization for the issuance by such municipality of other bonds requiring authorization through or by means of an election.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §32.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-12 - Joint Airports.

Section 4-4-12
Joint airports.
Two or more municipalities may jointly acquire real property by condemnation, purchase or gift, for airport purposes, and may jointly establish, construct, equip, maintain and operate an airport thereon for the joint benefit of such municipalities. The governing body of each participating municipality shall adopt a resolution authorizing and directing the president, mayor or other member of such governing body to enter into a contract with the other named participating municipality or municipalities for the acquisition, establishment, construction, improvement, equipment, maintenance, operation, regulation, government or financing of the joint airport. The form and terms of the contract authorized to be executed shall be set out in full in such resolution. Whenever there shall be, or exist, any officer, board, department, agency or instrumentality of the United States or of the State of Alabama authorized to negotiate such a contract upon behalf of its government, creator or principal, one or more municipalities may, through such authorized officer, board, department, agency or instrumentality, enter into a contract with the United States or the State of Alabama, or both, for the acquisition, establishment, construction, improvement, equipment, maintenance, operation, regulation, government or financing of a joint airport for the joint benefit of the participating governments, such contract, or contracts, to be authorized by such municipality or municipalities in the same manner as that prescribed in this section for authorization of contracts between municipalities. Each participating municipality may pay its proportion of the cost of any joint enterprise authorized by this section out of any funds which it is authorized to expend for the acquisition, establishment, construction, improvement, equipment, maintenance or operation of an airport for its own separate benefit.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §35.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-13 - Procedure for Sale of Airports; Disposition of Proceeds of Sale.

Section 4-4-13
Procedure for sale of airports; disposition of proceeds of sale.
(a) When any city, town or other municipal corporation in this state is or may hereafter be the owner of any airport or landing field for the use of airplanes and other aircraft and the board of aldermen or other governing body of such city, town or municipal corporation deems it to the best interest of such city, town or municipal corporation and the inhabitants thereof to sell such airport or landing field, such sale may be made by the governing body of such city, town or municipal corporation; provided, that in the event there have been any federal funds expended in the construction of said airport, it shall be necessary to secure the concurrence of the federal agency granting such funds in said sale.
(b) Any and all proceeds derived from the sale of such airport or landing field shall be used for the purpose of discharging any outstanding indebtedness of the city, town or municipal corporation incurred in the acquisition, establishment, improvement, construction, enlargement or expansion of such airport or landing field.
(Acts 1943, No. 371, p. 340.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-14 - Municipal Regulation of Private Airports.

Section 4-4-14
Municipal regulation of private airports.
The council or other governing body of each municipality of this state shall have power to enact ordinances, not inconsistent with the laws of this state, designed to safeguard the public upon or beyond the limits of private airports or landing fields within such municipality or its police jurisdiction against the perils and hazards of instrumentalities used in aerial navigation.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §31.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-15 - Police Powers as to Airports.

Section 4-4-15
Police powers as to airports.
Each municipality which is now, or which hereafter may be, engaged in the operation of a municipal airport, whether within or without, or partly within and partly without the geographical limits of such municipality, shall have the same police powers over such airport or landing field as it now has, or may hereafter have, over territory within its geographical limits. Such municipality shall also have the same police powers over all portions of public highways beyond the geographical limits of such municipality, but within one quarter of a mile of such airport as it is now, or may hereafter be, authorized to exercise over public highways within its geographical limits.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §34.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 4 - Municipal Airports and Regulations. › Section 4-4-16 - Provisions of Chapter Cumulative.

Section 4-4-16
Provisions of chapter cumulative.
Nothing in this chapter shall be construed as a limitation upon any power, right or authority which any municipality of this state may have over any subject mentioned in this chapter by virtue of any other law of this state, the powers, rights and authority conferred by this chapter being cumulative of all other powers, rights and authority possessed by such municipality.
(Acts 1931, No. 136, p. 197; Code 1940, T. 4, §36.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-1 - Applicability and Purpose of Chapter.

Section 4-5-1
Applicability and purpose of chapter.
This chapter shall apply to each county in the State of Alabama and have for its purpose the authorization of the sale and issuance of interest-bearing warrants and certificates of indebtedness for the purpose of acquiring and providing county airports.
(Acts 1955, No. 363, p. 881, §1.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-2 - Issuance and Sale; Form; Denominations; Terms; Disposition of Proceeds of Sale.

Section 4-5-2
Issuance and sale; form; denominations; terms; disposition of proceeds of sale.
Each county shall have the power from time to time to sell and issue interest-bearing warrants of such county or interest-bearing certificates of indebtedness of such county for the purpose of paying the cost of acquiring and providing county airports, including lands, structures, runways and all other airport facilities whatsoever. Such warrants and certificates may be in such denomination or denominations, may have such maturity or maturities not exceeding 30 years from their date, may bear interest from their date at such rate or rates not exceeding six percent per annum, payable semiannually, may be payable at such place or places within or without this state, may be sold at such time or times and in such manner, may be executed in such manner and may contain such terms not in conflict with the provisions of this chapter, all as the governing body of such county may provide in the proceedings wherein the warrants or certificates are authorized to be issued. All such warrants and certificates shall evidence general obligation indebtedness of the county by which they are issued, and the full faith and credit of the county shall be irrevocably pledged for the payment of the principal thereof and interest thereon. The proceeds derived from the sale of any such warrants and certificates shall be used solely for the purpose for which they are authorized to be issued, including the payment of any expense incurred in connection with the issuance thereof.
(Acts 1955, No. 363, p. 881, §2.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-3 - Pledge of Special Taxes.

Section 4-5-3
Pledge of special taxes.
The governing body of the county issuing any such warrants or certificates may, in its discretion, pledge and use, or cause to be used, for the payment of the principal of and interest on such warrants and certificates, so much as may be necessary for said payment of any privilege, license or excise tax now or hereafter levied in such county for the purpose of construction, maintenance and operation of a county airport, or, if only a portion of such tax is levied for said purpose, so much as may be necessary for said payment of that portion of any such tax that may be now or hereafter levied for the said purpose. If more than one such pledge shall be made of the said tax, then such pledges shall take precedence in the order in which they are made unless the proceedings making such pledge shall expressly provide that such pledge shall be on a parity with or subordinate to a subsequent pledge of the said tax. All warrants and certificates for which the pledge authorized in this section may be made shall constitute preferred claims against that portion of the said tax so pledged and shall have preference over claims incurred by the county against said portion of the said tax for operation and maintenance of any such airport and claims for any other purpose whatsoever.
(Acts 1955, No. 363, p. 881, §3.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-4 - Refunding Warrants and Certificates.

Section 4-5-4
Refunding warrants and certificates.
Each such county may in like manner from time to time issue refunding warrants and certificates, either by sale or by exchange, for the purpose of refunding a like or greater principal amount of warrants and certificates then outstanding, which were issued under the provisions of this chapter and the interest thereon, and paying any premium necessary to be paid to retire the outstanding warrants and certificates refunded thereby. The provisions of this chapter applicable to the warrants and certificates so refunded shall likewise be applicable to such refunding warrants and certificates.
(Acts 1955, No. 363, p. 881, §4.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 5 - County Warrants and Certificates of Indebtedness for Airport Purposes. › Section 4-5-5 - Provisions of Chapter Control as to Warrants or Certificates Issued Hereunder.

Section 4-5-5
Provisions of chapter control as to warrants or certificates issued hereunder.
Insofar as the provisions of this chapter may be inconsistent with the provisions of any other law, the provisions of this chapter shall control, it being hereby specifically declared that the provisions of Section 11-8-10 shall not be applicable to the warrants and certificates issued under the provisions of this chapter.
(Acts 1955, No. 363, p. 881, §5.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-2 - Definitions.

Section 4-6-2
Definitions.
As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings respectively ascribed to them by this section:
(1) AIRPORT. Any area of land or water designed and set aside for the landing and taking-off of aircraft and utilized or to be utilized in the interest of the public for such purposes.
(2) AIRPORT HAZARD. Any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking-off at any airport or is otherwise hazardous to such landing or taking-off of aircraft.
(3) AIRPORT HAZARD AREA. Any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.
(4) POLITICAL SUBDIVISION. Any municipality, city, town, village or county.
(5) PERSON. Any individual, firm, copartnership, corporation, company, association, joint stock association or body politic and includes any trustee, receiver, assignee or other similar representative thereof.
(6) STRUCTURE. Any object constructed or installed by man including, but without limitation, buildings, towers, smokestacks and overhead transmission lines.
(7) TREE. Any object of natural growth.
(Acts 1953, No. 730, p. 985, §1.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-3 - Airport Hazards Contrary to Public Interest; Elimination, Alteration, etc., of Hazards Declared Public Purpose.

Section 4-6-3
Airport hazards contrary to public interest; elimination, alteration, etc., of hazards declared public purpose.
It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. Accordingly, it is hereby declared:
(1) That the creation or establishment of an airport hazard is an injury to the community served by the airport in question;
(2) That it is therefore necessary in the interest of the public health, public safety and general welfare that the creation or establishment of airport hazards be prevented; and
(3) That this should be accomplished, to the extent legally possible, by exercise of the police power.
It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein.
(Acts 1953, No. 730, p. 985, §2.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-4 - Authority of Counties and Municipalities to Adopt Regulations; Zoning Jurisdiction of Counties and Municipalities.

Section 4-6-4
Authority of counties and municipalities to adopt regulations; zoning jurisdiction of counties and municipalities.
(a) Counties. - In order to prevent the creation or establishment of airport hazards, any county having an airport hazard area within its zoning jurisdiction, as hereinafter defined, may adopt, administer and enforce, under the police power and in the manner and upon the conditions hereinafter prescribed, airport zoning regulations for such airport hazard area, which regulations may divide such area into zones, and within such zones specify the land uses permitted and regulate and restrict the height to which structures and trees may be erected or allowed to grow.
The zoning jurisdiction of the county is hereby declared to be all unincorporated areas in the county, except within the police jurisdiction of any municipality and the area within two miles of an airport owned or operated by a municipality when said municipality exercises or declares its intention to exercise zoning control over these areas; provided, that when by local acts the jurisdiction of zoning regulations is limited to the corporate limits of a city, this chapter shall not confer any further territorial jurisdiction on such city or its planning board or boards.
(b) Municipalities. - Any municipality having an airport hazard area within its zoning jurisdiction, as herein defined, is hereby granted the same powers contained in subsection (a) of this section.
The zoning jurisdiction of any municipality, zoning under the authority of this chapter, may include, in addition to the corporate area of said municipality, the area within the police jurisdiction of such municipality and the area lying within two miles of the boundary of any airport owned or operated by said municipality; except, that where a local act limits the territorial jurisdiction of a city planning board to the corporate limits of a city, this chapter limits zoning jurisdiction to such corporate limits.
The provisions of this section shall not apply to counties having a population of not less than 54,500 nor more than 56,000 according to the most recent federal decennial census.
(Acts 1953, No. 730, p. 985, §3; Acts 1973, No. 965, p. 1482.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-5 - Airport Zoning Commission.

Section 4-6-5
Airport zoning commission.
Prior to the initial zoning of any airport hazard area under this chapter, the political subdivision which is to adopt the regulations shall be authorized to appoint an airport zoning commission consisting of five members, each to be appointed for a term of three years, or may designate any existing planning commission to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision shall not hold its public hearings or take other action until it has received the final report of such commission.
(Acts 1953, No. 730, p. 985, §5.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-6 - Procedure for Adoption of Regulations.

Section 4-6-6
Procedure for adoption of regulations.
The legislative body of such political subdivision in question shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established and enforced, and from time to time amended, supplemented or changed, and may adopt such ordinances or regulations as may be necessary to carry into effect and make effective the provisions of this chapter. No airport zoning regulations shall be adopted under the authority of this chapter unless and until the proposed ordinance has been published at least once a week for two consecutive weeks in advance of its passage in a newspaper of general circulation within the political subdivision, or, if there is no newspaper, then by posting the same in four conspicuous places within the political subdivision, together with a notice stating the time and place that the ordinance is to be considered by the legislative authorities, and stating further that at such time and place all persons who desire shall have an opportunity of being heard in opposition to or in favor of such regulations. No such regulations shall become effective until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Such regulations, restrictions and boundaries and ordinances passed under the authority of this chapter, may from time to time be amended, supplemented, changed, modified or repealed. The preceding provisions of this section relative to public hearings and official notices shall apply equally to all changes and amendments.
(Acts 1953, No. 730, p. 985, §5.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-7 - Reasonableness of Regulations; Standards for Adoption of Regulations; Nonconforming Uses.

Section 4-6-7
Reasonableness of regulations; standards for adoption of regulations; nonconforming uses.
(a) Reasonableness. - All airport zoning regulations adopted under this chapter shall be reasonable, and none shall impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, the political subdivision shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area, the character of the neighborhood and the uses to which the property to be zoned is put and adaptable.
(b) Nonconforming uses. - No airport zoning regulations adopted under this chapter shall require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations when adopted or amended or otherwise interfere with the continuance of any nonconforming use, except as provided in subsection (c) of Section 4-6-8.
(Acts 1953, No. 730, p. 985, §6.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-8 - Permits; Variances; Installation, etc., of Markers and Lights Upon Airport Hazards.

Section 4-6-8
Permits; variances; installation, etc., of markers and lights upon airport hazards.
(a) Permits. - Any airport zoning regulations adopted under this chapter may require that a permit be obtained before any new structure or use may be constructed or established and before any existing use or structure may be substantially changed or substantially altered. All such regulations may provide rules under which nonconforming uses shall be discontinued and removed in case of being abandoned, destroyed, deteriorated or decayed. In any event, however, all such regulations shall provide that before any nonconforming structure or tree may be replaced, substantially altered, rebuilt, allowed to grow higher or replanted, a permit must be secured from the administrative agency authorized to administer and enforce the regulations, authorizing such replacement or change; but no such permit shall be required to make maintenance repairs to or to replace parts of existing structures which do not enlarge or increase the height of an existing structure. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or tree or nonconforming use to be made or become higher or become a greater hazard to air navigation than it was when the applicable regulation was adopted or than it is when the application for a permit is made.
(b) Variances. - Any person desiring to erect any structure, or increase the height of any structure, or permit the growth of any tree, or otherwise use his property in violation of airport zoning regulations adopted under this chapter, may apply to the administrative agency for a variance from the zoning regulations in question. Such variances shall be allowed where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this chapter; provided, that any variance may be allowed subject to any reasonable conditions that the board of adjustment may deem necessary to effectuate the purposes of this chapter.
(c) Hazard marking and lighting. - In granting any permit or variance under this section, the administrative agency may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the political subdivision, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard, upon payment to the owner for all damage resulting to his property by such maintenance.
(Acts 1953, No. 730, p. 985, §7.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-9 - Administration and Enforcement of Regulations.

Section 4-6-9
Administration and enforcement of regulations.
All airport zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by an administrative agency which may be an agency created by such regulations or any official or other existing agency of the political subdivision adopting the regulations. The duties of any administrative agency designated pursuant to this chapter shall include that of hearing and deciding all permits under this chapter.
(Acts 1953, No. 730, p. 985, §9.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-10 - Powers and Duties of Administrative Agency; Procedure and Records of Official Actions of Agency.

Section 4-6-10
Powers and duties of administrative agency; procedure and records of official actions of agency.
(a) All airport zoning regulations adopted under this chapter shall provide for an administrative agency to have and exercise the following powers:
(1) To hear and decide any special exceptions to the terms of the airport zoning regulations upon which such agency may be required to pass under such regulations.
(2) To authorize in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.
(b) The agency shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called on by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(c) The agency shall adopt rules in accordance with the provisions of the ordinance or resolution by which it was created. Meetings of the agency shall be held at the call of the chairman and at such other times as the agency may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the agency shall be public. The agency shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the agency and shall be a public record.
(Acts 1953, No. 730, p. 985, §10.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-11 - Appeals From Action of Administrative Agency or Governing Body.

Section 4-6-11
Appeals from action of administrative agency or governing body.
(a) Any person aggrieved by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this chapter or any governing body of a political subdivision which is of the opinion that a decision of such an administrative agency is an improper application of airport zoning regulations of concern to such governing body or board may appeal to the circuit court of the county where such airport is located.
(b) All appeals taken under this section must be taken within 10 days by filing with the agency from which the appeal is taken a notice of appeal specifying the grounds thereof. The agency from which the appeal is taken shall forthwith transmit to the court all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the agency from which the appeal is taken certifies to the court, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property and file bond to indemnify the owner for damages as may be fixed by the court. In such cases proceedings may be stayed upon the filing by the appellant of a supersedeas bond in an amount to be set by the circuit court of the county in which the subject matter of such decision lies on application by the appellant or the agency from which the appeal is taken.
(d) The court may, in conformity with the provisions of this chapter, reverse, affirm wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the administrative agency from which the appeal is taken.
(Acts 1953, No. 730, p. 985, §8.)
2023 Code of Alabama › Title 4 - Aviation. › Chapter 6 - Airport Zoning. › Section 4-6-12 - Remedies for Correction, Abatement, etc., of Violations of Regulations, Etc.

Section 4-6-12
Remedies for correction, abatement, etc., of violations of regulations, etc.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(Acts 1953, No. 730, p. 985, §11.)