CODE OF ORDINANCES CITY OF MONROEVILLE, ALABAMA

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GENERAL ORDINANCES OF THE CITY

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Adopted: February 22, 1977
Effective: March 3, 1977

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REPUBLISHED IN 2019 BY ORDER OF THE CITY COUNCIL

OFFICIALS
OF THE
CITY OF MONROEVILLE, ALABAMA

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Sandy Smith
Mayor

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Al Brewton, District 1
Thelma McDaniel, District 2
Brenda Dean, District 3
Anthony Thomas, District 4
Larry Hines, District 5
Melvin Foukal, District 6
Councilmembers

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Mary Jackson
City Clerk/Treasurer

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Nicholas S. Hare
City Attorney

PREFACE

This volume is a republication of the Code of Ordinances of Monroeville, Alabama, of 1977, including all general and permanent ordinances enacted by the City Council through Ordinance No. 2019-01-002, adopted January 8, 2019.

The 1997 Code constituted a complete codification of the ordinances of Monroeville, Alabama of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto.

The source of each section is included in the history note which appears in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Table appearing in the back of the volume, the reader can locate all laws and ordinances included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Appropriate footnotes which tie related sections of the Code together and which also refer to relevant state laws have been included.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the eleventh section of Chapter 7 is 7-11. Under this system, each section is identified with its chapter, and, at the same time, new sections, or even whole chapters, can be inserted in their proper places, simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between Sections 4-3 and 4-4 is desired to be added, such new sections would be numbered 4-3.1, 4-3.2, 4-3.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13 it will be designated as Chapter 12.1. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of each chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Page Numbering System

The page numbering system used in this republication is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CODE INDEX	CDi:1

 

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental servicing for the Code. With this looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Codes with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Index

The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings; some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by city officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Acknowledgments

The republication of this Code was under the direct supervision of Tassy Spinks, Vice President of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to all city officers and employees for their supervision, cooperation and interest during the preparation of this Code.

March 2019

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

RESOLUTION NO. 77-02-113

Be It Resolved by the City Council of the City of Monroeville, Alabama, as Follows:

WHEREAS, on the 8th day of February, 1977, at a regular meeting of the City Council of the City of Monroeville, Alabama, the following resolution was adopted:

BE IT RESOLVED by the City Council of the City of Monroeville, Alabama, as follows:

1.

That the City Council of the City of Monroeville proposes to consider the adoption of a new revision and codification of its ordinances and the adoption of such Code by ordinance, as provided by Code of Alabama, Title 37, Sections 461 and 462 and to adopt by reference as part of such Code the following technical codes: Southern Standard Building Code, 1973 Edition and 1974 Revision; National Electrical Code, 1975 Edition; Southern Standard Gas Code, 1973 Edition; Southern Standard Housing Code, 1973 Edition; Southern Standard Plumbing Code, 1971 Edition and 1974 Revision; and Fire Prevention Code of the American Insurance Association, 1970 Edition; Alabama misdemeanor laws and Alabama traffic laws. The Council will hold a public hearing thereon at the regular meeting of the City Council to be held at the Council Chamber in the City Hall of Monroeville, Alabama, on the 22nd day of February, 1977, at 7:00 o'clock P. M. Said Code shall be known as the "Code of Ordinances, City of Monroeville, Alabama."

2.

This resolution shall be published once a week for two (2) successive weeks in the MONROE JOURNAL, a newspaper of general circulation in the City of Monroeville, Alabama, as provided by Code of Alabama, Title 37, Sections 461 and 462, as amended, the first of which publications shall be made on or before the 10th day of February, 1977. A copy of this resolution and of said publications shall be carefully preserved by the City Clerk in his office as part of the public records of his office.

3.

Three (3) copies of said proposed Code of Ordinances, City of Monroeville, Alabama, and of each of said technical codes and State Board of Health rules and regulations adopted in such Code shall be filed in the office of the City Clerk by the 10th day of February, 1977, for use and examination by the public from that date through the 22nd day of February, 1977, as provided by Code of Alabama, Title 37, Sections 461 and 462, as amended.

ADOPTED AND APPROVED This 8th day of February, 1977.

APPROVED:

	B.C. Hornady, Mayor

ATTEST:

Mary S. Myrick, City Clerk

MONROEVILLE CODE

An Ordinance Adopting and Enacting a New Code of the City of Monroeville, County of Monroe, State of Alabama, Establishing the Same; Providing for the Repeal of Certain Ordinances not Included Therein, Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and Penalty for the Violation Thereof; and Providing When this Ordinance Shall Become Effective.

Be It Ordained by the City Council of the City of Monroeville, Alabama, as Follows:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 17, each inclusive, together with the codes, rules and regulations mentioned in said resolution, is hereby adopted and enacted as the "Code of Ordinances, City of Monroeville, Alabama." Such Code shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before September 10, 1974, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 22nd day of February, 1977, and all ordinances of a general and permanent nature enacted on or before September 10, 1974, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 22nd day of February, 1977, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(b)

Any ordinance promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(c)

Any contract or obligation assumed by the City;

(d)

Any ordinance prescribing zoning or subdivision regulations, or zoning of particular property;

(e)

Any right or franchise granted by the City;

(f)

Any ordinance dedicating, naming, establishing, locating, opening, widening, paving, etc., any street or public way in the City;

(g)

Any appropriation ordinance, or ordinance levying or imposing any tax;

(h)

Any ordinance which, by its own terms, is effective only for a stated or limited time;

(i)

Any ordinance providing for local improvements and assessing taxes therefor;

(j)

Any ordinance dedicating or accepting any subdivision plat;

(k)

Any ordinance or resolution not in conflict with such Code, regulating traffic on specific streets or portions thereof or in specific areas of the City;

(l)

Any ordinance enacted after September 10, 1974.

Section 4. That whenever in this Ordinance or such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Ordinance or such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision shall be punishable by a fine of not more than two hundred dollars ($200.00); and in addition may be punishable by imprisonment or hard labor for the City, or a combination thereof, for a period not exceeding six (6) months, as is provided by Section 1-8 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part therof, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances, City of Monroeville, Alabama, shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance and Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form or in such other form as the City Council may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by the Clerk to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the City Council. A copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portion of the Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Monroeville to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this Ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. This Ordinance shall become in full force and effect in accordance with the laws of Alabama.

Section 11. This Ordinance shall take effect as provided by law after passage, approval and publication.

ADOPTED AND APPROVED this 22nd day of February, 1977.

APPROVED:

	/s/ B.C. Hornady       Mayor

ATTESTED AND AUTHENTICATED:

/s/ Mary S. Myrick       City Clerk