Ordinances and Resolutions.

Ala. Code tit. 11, tit. 2, ch. 45

in effect

Ala. Code § 11-45-1 Adoption and Enforcement Authorized.

11-45-1. Adoption and Enforcement Authorized. Municipal corporations may from time to time adopt ordinances and resolutions not inconsistent with the laws of the state to carry into effect or discharge the powers and duties conferred by the applicable provisions of this title and any other applicable provisions of law and to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of the inhabitants of the municipality, and may enforce obedience to such ordinances. (Code 1907, §1251; Code 1923, §1992; Code 1940, T. 37, §455; Acts 1971, No. 2279, p. 3670, §1.)

Ala. Code § 11-45-2 Style of Ordinances; Procedure for Adoption of Ordinances or Resolutions Generally; Manner of Awarding Contracts on Bids.

11-45-2. Style of Ordinances; Procedure for Adoption of Ordinances or Resolutions Generally; Manner of Awarding Contracts on Bids. (a) The style of an ordinance of a city or town shall be, “Be it ordained by the city (or town) council of _______ as follows:” inserting the name of the city or town as the case may be. (b) No ordinance or resolution intended to be of permanent operation shall be adopted by the council at the same meeting at which it is introduced, unless unanimous consent of those present is given for the immediate consideration of such ordinance or resolution, such consent to be shown by a vote taken by yeas and nays, and the names of the members voting shall be entered upon the minutes, and no ordinance or resolution intended to be of permanent operation shall become a law unless on its final passage a majority of the members elected to said council in cities of over 12,000 inhabitants shall vote in its favor. In all towns and in cities of less than 12,000 population an affirmative vote of a majority of the whole number of members of the council to which the corporation is entitled, including the mayor, shall be required to enact any ordinance or resolution intended to be of permanent operation. (c) The council shall award no contract on bids except by resolution. (Code 1907, §1252; Acts 1909, No. 200, p. 197; Code 1923, §1993; Code 1940, T. 37, §456; Acts 1961, No. 666, p. 910, §5; Acts 1991, No. 91-590, p. 1092, §1.)

Ala. Code § 11-45-3 Transmittal of Ordinances or Resolutions to Mayor for Consideration; Approval by Mayor and Publication by Clerk; Recall of Ordinances or Resolutions from Mayor.

11-45-3. Transmittal of Ordinances or Resolutions to Mayor for Consideration; Approval by Mayor and Publication by Clerk; Recall of Ordinances or Resolutions from Mayor. In cities having a population of 12,000 or more, all resolutions or ordinances intended to be of permanent operation, after having been passed by the council, shall be transmitted by the clerk, within 48 hours after their passage, to the mayor or acting mayor for his consideration, who, if he shall approve thereof, shall sign and return the same to the clerk, who shall publish them, and such ordinances and resolutions shall thereupon have the force of law; provided, that the council may provide that they shall be effective from approval. An ordinance or resolution may be recalled from the mayor at any time before it has become a law or has been acted on by him by a resolution adopted by a majority of the members elected to the council in regular or special session. (Code 1907, §1185; Code 1923, §1901; Code 1940, T. 37, §457; Acts 1961, No. 666, p. 910, §6.)

Ala. Code § 11-45-4 Veto of Ordinances and Resolutions, and Passage Over Veto Generally.

11-45-4. Veto of Ordinances and Resolutions, and Passage Over Veto Generally. (a) Except as provided in subsection (b), if the mayor shall disapprove of any ordinance or resolution transmitted to him or her as provided in Section 11-45-3, within 10 days of the time of its passage by the council, he or she shall return the same to the clerk with his or her objections in writing, and the clerk shall make report thereof to the next regular meeting of the city council. If two thirds of the members elected to the council shall adhere to the ordinance or resolution notwithstanding the objections, the vote being taken by yeas and nays and spread upon the minutes, then the ordinance or resolution, after publication thereof, shall have the force of law, unless by its terms it was to take effect on its approval, in which event it shall take effect upon its passage over the veto. The failure of the mayor to return to the clerk an ordinance or resolution with his or her veto within 10 days after its passage by the council shall operate and have the same effect as an approval of the same, and the clerk shall publish the same as is provided in subsection (b) of Section 11-45-8 for the publication of laws and ordinances of the city. (b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council. (Code 1907, §1186; Code 1923, §1902; Code 1940, T. 37, §458; Act 2018-281, §1.)

Ala. Code § 11-45-5 Veto, Passage Over Veto, Etc., of Ordinances and Resolutions Fixing Salaries of Officers and Employees.

11-45-5. Veto, Passage Over Veto, Etc., of Ordinances and Resolutions Fixing Salaries of Officers and Employees. (a) Except as provided in subsection (b), every ordinance and resolution fixing the salaries of employees and officers of the city shall be submitted to the mayor as other ordinances and resolutions are to be submitted and may be approved in part and vetoed as to specific items, to be mentioned by the mayor in his or her veto message, in which case there shall first be submitted to the council at its next regular meeting the question: “Shall the ordinance pass, the veto of the mayor notwithstanding?” and, in the event that two-thirds of the members elected to the council do not vote for the passage of the ordinance, the veto notwithstanding, there shall then be submitted the question: “Shall the ordinance stand as approved by the mayor?” and if a majority of those elected to the council vote in the affirmative, the law as amended and approved by the mayor shall have the force and effect of law as in other cases; otherwise, the salary ordinance shall be defeated. (b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council. (Code 1907, §1187; Code 1923, §1903; Code 1940, T. 37, §459; Act 2018-281, §1.)

Ala. Code § 11-45-6 Amendment of Ordinances.

11-45-6. Amendment of Ordinances. No ordinance shall be amended after its passage by providing that designated words be stricken out or that designated words be inserted or that designated words be stricken out and other words inserted in lieu thereof, unless the ordinance or section or subdivision thereof amended shall be set forth in full as amended. (Code 1907, §1253; Code 1923, §1994; Code 1940, T. 37, §460.)

Ala. Code § 11-45-7 Codification of Ordinances; Adoption of Code by Ordinance.

11-45-7. Codification of Ordinances; Adoption of Code by Ordinance. The council may provide at any time it may deem proper for the revision and codification of its ordinances or for the adoption of a code by ordinance. (Code 1907, §1254; Acts 1909, No. 200, p. 197; Code 1923, §1995; Code 1940, T. 37, §461.)

Ala. Code § 11-45-8 Publication and Recordation of Ordinances; When Ordinances Take Effect; Adoption of Certain Technical Codes by Reference.

11-45-8. Publication and Recordation of Ordinances; When Ordinances Take Effect; Adoption of Certain Technical Codes by Reference. (a) All ordinances shall as soon as practicable after their passage be recorded in a book kept for that purpose and be authenticated by the signature of the clerk. (b)(1) All ordinances of a general or permanent nature, except as provided in subdivision (2) and in subsection (d) of this section, shall be published in some newspaper of general circulation published in the municipality, but if no such newspaper is published in the municipality such ordinances may be published by posting a copy of the ordinance in three public places within the municipality, one of which shall be at the mayor’s office in the city or town. In the event there is no newspaper published in the municipality and there is a newspaper published in the county in which the municipality is located having general circulation in the municipality, at the option of the governing body of such municipality the ordinance may be published in that newspaper. In towns having a population of less than 2,000 inhabitants as shown by the 1950 federal census, the governing body of such town shall have the option of publication of the ordinance by posting as above provided or in a newspaper published in the town or in the county having a general circulation in the town. (2) All ordinances of a general and permanent nature relating to planning or zoning or the licensing or franchising of businesses, as an alternative to the publishing requirements of subdivision (1), may be published in a synopsis form in some newspaper of general circulation published in the municipality provided that the synopsis, at a minimum, includes the following information: a. A summary of the purpose and effect of the ordinance. b. If the ordinance relates to planning or zoning, a general description of the property or properties affected by the ordinance including the common name by which the property or properties are known and the substance of the ordinance. c. If the ordinance relates to the licensing of businesses or the granting of a franchise, the categories of businesses affected by the ordinance and the substance of the ordinance. d. The date upon which the ordinance was passed and, if different from the date of publication, the effective date of the ordinance. e. A statement that a copy of the full ordinance may be obtained from the office of the city or town clerk during normal business hours. (3) When the ordinance or notice of the substance of an ordinance is published in the newspaper, it shall take effect from and after the time it shall first appear therein, and when published by posting it shall take effect five days thereafter. When an ordinance is published by posting, the municipality shall take reasonable steps to maintain the posting for not less than 30 days. In addition, if the municipality maintains an Internet website, the municipality, at a minimum, shall include a copy of the ordinance or notice of the substance of an ordinance on its website for 30 days. (4) Immediately following the record of any ordinance, the clerk shall append a certificate stating therein the time and manner of publication, which certificate shall be presumptive of the facts stated therein. (5) All ordinances or notices of the substance of an ordinance granting a franchise shall be published at the expense of the party or parties to whom the franchise is granted. (c) Ordinances may adopt by reference thereto, without setting the same out at length in the ordinance, rules, and regulations which have been printed as a code in book or pamphlet form for any of the following: (1) The construction, erection, alteration, or improvement of buildings. (2) Installation of plumbing or plumbing fixtures. (3) Installation of electric wiring or lighting fixtures. (4) Installation of gas or gas fixtures. (5) Fire prevention. (6) Health and sanitation. (7) Milk and milk products. (8) Parks. (9) Airports. (10) Waterworks and sewers. (11) Traffic. (12) Mechanical. (13) Swimming pools. (14) Housing. (15) Standard code for elimination and repair of unsafe buildings. (16) Other like codes. If, before adopting the code in book or pamphlet form, the governing body of the city or town shall by resolution hold a public hearing of which there shall be at least 15 days’ notice of the time, place, and purpose of the hearing by publication of the resolution once a week for two successive weeks or by posting notices of the hearing for the length of time, as the case may be, under subsection (b) of this section, the resolution shall provide that not less than three copies of the code shall be filed for not less than 15 days prior to the holding of the public meeting for use and examination by the public in the office of the city or town clerk. Amendments to such rules or regulations adopted as a code thereafter shall be adopted by ordinances published as provided in subsection (b) of this section. (d) The following shall not be deemed ordinances of a general or permanent nature requiring publication: (1) Ordinances authorizing or ratifying contracts with public utilities for utility services for a specified term. (2) Ordinances authorizing the issuance or sale or security of bonds, debentures, notes, warrants and other obligations, whether full faith and credit obligations or payable from general revenues or special taxes or from revenues of a utility or other property of a municipality. (e) The provisions of this section shall not apply to the adoption of a code for the revision and codification of the ordinances of a municipality and the adoption of such code by ordinances as provided in Section 11-45-7. (Code 1907, §1258; Acts 1915, No. 676, p. 735; Code 1923, §1999; Code 1940, T. 37, §462; Acts 1943, No. 303, p. 261; Acts 1949, No. 405, p. 577; Acts 1959, No. 353, p. 942; Acts 1961, No. 268, p. 287; Acts 1987, No. 87-668, p. 1193, §1; Act 2011-618, p. 1414, §1.)

Ala. Code § 11-45-9 Penalties Which May Be Imposed for Violations of Ordinances.

11-45-9. Penalties Which May Be Imposed for Violations of Ordinances. (a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such penalties for violation of ordinances. (b) Except as otherwise provided in this section, no fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor shall exceed six months. (c) In the enforcement of the penalties prescribed in Section 32-5A-191, the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment or hard labor shall not exceed one year. (d) Notwithstanding any other provision of law, the maximum fine for every person either convicted for violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000): (1) Criminal mischief in the second degree, Section 13A-7-22. (2) Criminal mischief in the third degree, Section 13A-7-23. (3) Theft of property in the third degree, Section 13A-8-5. (4) Theft of lost property in the third degree, Section 13A-8-9. (5) Theft of services in the third degree, Section 13A-8-10.3. (6) Receiving stolen property in the third degree, Section 13A-8-19. (7) Tampering with availability of gas, electricity, or water, Section 13A-8-23. (8) Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property, Section 13A-8-71 and Section 13A-8-72. (9) Offenses against intellectual property, Section 13A-8-102. (10) Theft by fraudulent leasing or rental, Section 13A-8-140 through Section 13A-8-144. (11) Charitable fraud in the third degree, Section 13A-9-75. (12) Illegal possession of food stamps in the third degree, Section 13A-9-91. (e) The penalty imposed upon a corporation shall consist of the fine only, plus costs of court. (f) In the enforcement of a Class A misdemeanor, including a domestic violence offense, the fine may not exceed five thousand dollars ($5,000) and the sentence of imprisonment may not exceed one year. (Acts 1975, No. 1205, p. 2384, §8-104; Acts 1983, No. 83-620, p. 959, §1; Act 2011-680, p. 2004, §1; Act 2015-493, §5.)

Ala. Code § 11-45-9.1 Issuance of Summons and Complaint in Lieu of Custodial Arrest for Certain Offenses; Fines; Failure to Appear; Disposition of Funds.

11-45-9.1. Issuance of Summons and Complaint in Lieu of Custodial Arrest for Certain Offenses; Fines; Failure to Appear; Disposition of Funds. (a)(1) Except as provided in subdivision (2), the governing body of any municipality, by ordinance, may authorize any law enforcement officer of a municipality or any law enforcement officer of the state, in lieu of placing an individual under custodial arrest, to issue a summons and complaint to any individual charged with violating any municipal ordinance or any misdemeanor or violation within the corporate limits or the police jurisdiction of the municipality. A county law enforcement officer who issues a summons and complaint in lieu of placing an individual under custodial arrest shall in all respects be acting as an agent of the governing body of the municipality. The governing body of the municipality shall be liable for all actions and inactions of the officer, who shall not be considered to be acting on behalf of the county commission, the sheriff of the county, or the county. (2) An ordinance adopted pursuant to subdivision (1) may not authorize a law enforcement officer to issue a summons and complaint in lieu of arrest under any of the following circumstances: a. The individual is charged with committing a crime involving violence, threat of violence, or domestic violence, as defined under Article 7 (commencing with Section 13A-6-130) of Chapter 6, Title 13A. b.1.(i) The individual is charged with the use or possession of alcohol and, in the opinion of the law enforcement officer, is a risk to public safety. (ii) The individual is charged with the use or possession of a controlled substance. 2.(i) This paragraph does not apply in any municipality that had an ordinance in effect on May 1, 2022, which allowed a citation in lieu of arrest for the use or possession of alcohol or a controlled substance. (ii) On or after June 15, 2023, a municipality, by local law, may allow a citation in lieu of arrest for the use or possession of alcohol or a controlled substance. c. A victim of the crime is a minor. d. The individual is charged with a violation of Section 32-5A-191. e. The individual is charged with a crime that would require restitution to the victim. f. The individual is charged with identity theft, as provided under Section 13A-8-192. g. The individual is charged with the crime of theft of property in the fourth degree, as defined under Section 13A-8-5. h. The individual is charged with fleeing or attempting to elude a law enforcement officer under Section 13A-10-52. i. The individual is charged with a crime involving cruelty to or abuse of an animal, including a violation of Section 13A-11-241. j. The individual is charged with a crime that is sexual in nature. (b) The summons and complaint shall be on a form approved by the governing body of the municipality and shall contain the name of the court; the name of the defendant; a description of the offense, including the municipal ordinance number; the date and time of the offense; the place of the offense; signature of the officer issuing the citation; the scheduled court date and time; an explanation to the individual cited of the ways in which he or she may settle his or her case; and a signature block for the magistrate to sign upon the officer’s oath and affirmation given prior to trial. (c) Whenever any individual is arrested for a violation of an offense subject to the summons and complaint procedure of subdivision (a)(1), the arresting officer shall take the name and address of the individual and any other identifying information and issue a summons and complaint to the individual charged. The officer shall release the individual from custody upon his or her written promise to appear in court at the designated time and place as evidenced by his or her signature on the summons and complaint, without any condition relating to the deposit of security. (d) If any individual refuses to give a written recognizance to appear by placing his or her signature on the summons and complaint, the officer shall take that individual into custody and bring him or her before any officer or official who is authorized to approve bond. (e) Before implementation of the summons and complaint procedure under subsection (a), the governing body of the municipality shall adopt a schedule of fines for first, second, and subsequent offenders of the alleged violation of offenses subject to the summons and complaint procedure. The schedule of fines shall be posted in a place conspicuous to the public within the court clerk’s office and the police department. The filing fee provided in Section 12-19-311(a)(1)a. shall apply to each summons and complaint issued under this section, and the filing fee shall be distributed as provided by Section 12-19-311. (f)(1) When an individual is charged with an offense subject to the summons and complaint procedure, he or she may elect to appear before the municipal court magistrate, or where the municipal court has been abolished, the district court magistrate, within the time specified in the summons and complaint, and upon entering a plea of guilty, pay the fine and court costs. A plea of guilty shall only be accepted by the magistrate after the defendant has executed a notice and waiver of rights form. (2) In the alternative, the defendant shall have the option of depositing the required bail, and upon a plea of not guilty, shall be entitled to a trial as authorized by law. (g) The court clerk or magistrate shall receive and issue receipts for cash bail from individuals who wish to be heard in court; enter the time of their appearance on the court docket; and notify the arresting officer and witnesses, if any, to be present. (h) If the defendant fails to appear as specified in the summons and complaint, the judge or magistrate having jurisdiction of the offense may issue a warrant for his or her arrest commanding that he or she be brought before the court to answer the charge contained on the summons and complaint. In addition, any individual who willfully violates his or her written promise or bond to appear, given in accordance with this section, shall be guilty of the separate offense of failing to appear, a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested. (i) All fines and forfeitures collected upon a conviction or upon the forfeiture of bail of any individual charged with a violation of the ordinances shall be remitted to the general fund of the municipality or as otherwise provided by law; provided, however, fines, forfeitures, and court costs assessed and collected in district court shall be distributed as now provided by law. (Acts 1989, No. 89-954, §§1-9; Acts 1992, No. 92-588, p. 1212, §1; Act 2021-495, §1; Act 2023-509, §1.)

Ala. Code § 11-45-10 Procedure for Adoption or Repeal of Canine Leash Ordinance in Class 5 Municipalities.

11-45-10. Procedure for Adoption or Repeal of Canine Leash Ordinance in Class 5 Municipalities. (a) The provisions of this section shall apply to all Class 5 municipalities of this state, as such class is designated by act of the legislature. (b) The municipal governing bodies are hereby authorized by resolution to call for referendum elections, which shall be held only upon the dates of regularly scheduled municipal elections, to either call for the adoption of a canine leash ordinance, or to call for the repeal of any existing canine leash ordinance. (c) The question to be presented at any such election shall be substantially as follows: “Do you favor the adoption (repeal) of a canine leash ordinance by the municipal governing body? Yes ___. No ___.” If a majority of the qualified electors of the municipality vote “Yes,” the appropriate action shall be taken by the municipal governing body within 90 days following any such election. If a majority vote “No,” no action shall be taken. (Acts 1983, No. 83-423, p. 603.)

Ala. Code § 11-45-11 Judicial Notice of Ordinances of Class 1 or Class 2 Municipalities.

11-45-11. Judicial Notice of Ordinances of Class 1 or Class 2 Municipalities. All courts of the State of Alabama shall take judicial notice of all municipal ordinances of each Class 1 or Class 2 municipality. (Acts 1987, No. 87-645, p. 1150; Acts 1987, No. 87-780, p. 1532; Act 2021-501, §1.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026