SB388

By Senators Butler, Roberts, Enfinger, Barron, and Mitchem

ENROLLED, An Act,

Relating to Madison County; to authorize the Madison County Commission to enact a noise ordinance in the areas outside the corporate limits of any municipality and to provide that a violation of the ordinance constitutes a public nuisance and is unlawful; to provide civil penalties and civil remedies, including actions to enjoin and abate a public nuisance.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. In Madison County, the Madison County Commission may enact a noise ordinance for the areas outside of the corporate limits of any municipality and may provide that a violation of the ordinance constitutes a public nuisance subject to a civil fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation of the ordinance. The ordinance may provide that the person charged with a violation may pay a civil fine or request, within 30 days of receipt of the citation, a due process hearing before the Madison County Commission or a hearing officer designated by the Madison County Commission on the validity of the citation. An order of the Madison County Commission finding a violation and an assessment of a civil fine shall be final within 30 days thereof unless appealed to the Circuit Court in Madison County based on the administrative record of the hearing. Any fine due and owing shall be considered a debt owed to the Madison County Commission and shall be enforceable by civil action in the same manner as any other debt. The person owing the fine shall be liable for all costs, including court costs and attorney fees, and all other expenses of litigation if action is taken to collect the fine owed.

Section 2. The Madison County Commission may commence a civil action in the name of the Madison County Commission in the Circuit Court of Madison County, Alabama, to abate or enjoin any public nuisance declared pursuant to this act. In any such action, the Circuit Court of Madison County, Alabama, may assess all costs of abating the public nuisance declared by this action, including attorney's fees, court costs, and all other expenses of litigation against the person creating or maintaining the public nuisance.

Section 3. This act shall not allow for the enactment of ordinances regulating or restricting any state or federally permitted surface or underground mining activity or any operation or facility engaged in the activities of processing or distributing any product or material resulting from the mining activity. This act shall not allow for the enactment of ordinances regulating or restricting noise made by trains or locomotives which are conducting normal train movements and operations.

Section 4. All laws or parts of laws which conflict with this act are repealed.

Section 5. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.


Madison County
County Commissions
Counties
Nuisances
Noise
Civil Procedure