Lewdness, Assignation, or Prostitution.

Ala. Code tit. 6, ch. 5, art. 9, div. 2

in effect

Ala. Code § 6-5-140 Definitions.

6-5-140. Definitions. For the purposes of this division, the following terms shall have the meanings respectively ascribed to them by this section: (1) PLACE. Any building, erection, or place, any separate part or portion thereof or the ground itself. (2) PERSON. Any individual, corporation, association, partnership, trustee, lessee, agent, or assignee. (3) NUISANCE. Any place in or upon which lewdness, assignation, or prostitution is conducted, permitted, continued, or exists and the personal property and contents used in conducting or maintaining any such place for any such purpose. (Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1091.)

Ala. Code § 6-5-141 Who Deemed Guilty of Maintaining Nuisance.

6-5-141. Who Deemed Guilty of Maintaining Nuisance. Any person who shall use, occupy, establish, or conduct a nuisance, as defined in Section 6-5-140, or aid or abet therein, and the owner, agent, or lessee of any interest in any such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent, or lessee shall for the purpose of this division be guilty of maintaining a nuisance and shall be enjoined as provided in this division. (Acts 1919, No. 53, p. 52; Code 1923, §9281; Code 1940, T. 7, §1092.)

Ala. Code § 6-5-142 By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced.

6-5-142. By Whom Action to Abate and Perpetually Enjoin Nuisance Commenced. Whenever a nuisance exists, the Attorney General of the state, the district attorney or assistant district attorney, or any citizen or citizens may commence an action in the name of the State of Alabama, upon the relation of such Attorney General or such other officer or person to abate such nuisance and to enjoin perpetually the person or persons maintaining the same from further maintenance thereof. (Acts 1919, No. 53, p. 52; Code 1923, §9282; Code 1940, T. 7, §1093.)

Ala. Code § 6-5-143 Venue; Filing of Complaint; Application for Preliminary Injunction.

6-5-143. Venue; Filing of Complaint; Application for Preliminary Injunction. (a) Such action shall be commenced in the circuit court of the county in which the property is located. (b) At or before the commencement of the action, a verified copy of the complaint alleging the facts constituting the nuisance shall be filed in the office of the probate judge of the county, together with a notice of the pendency of the action, containing the name of the court, the names of the parties, the object of the action, and a brief description of the property affected thereby. The probate judge shall be paid the usual fee for recording such lis pendens and shall immediately record such notice. (c) After the filing of the complaint, application for a preliminary injunction may be made to the circuit court, a judge thereof or any judge authorized by the laws of the state to make an order for a preliminary injunction, who shall grant a hearing thereon within 10 days thereafter. (Acts 1919, No. 53, p. 52; Code 1923, §9284; Code 1940, T. 7, §1095.)

Ala. Code § 6-5-144 Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing.

6-5-144. Bond for Preliminary Injunction or Temporary Restraining Order Prior to Hearing. No preliminary injunction or temporary restraining order shall be issued before hearing in any action commenced by a citizen or citizens under the provisions of this division unless such citizen or citizens have made bond in such sum as may be fixed by the judge to whom the application for such injunction or restraining order is made, such bond to be approved by the register or clerk of the circuit court of the county in which the proceeding is filed and to be payable and conditioned as provided by the Alabama Rules of Civil Procedure. (Acts 1919, No. 53, p. 52; Code 1923, §9283; Code 1940, T. 7, §1094.)

Ala. Code § 6-5-145 Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order.

6-5-145. Issuance and Return of Temporary Restraining Order; Return of Inventory; Contempt for Violation of Restraining Order. (a) Where such application for a preliminary injunction has been made, the court or judge thereof may, on the application of the plaintiff, issue an ex parte temporary restraining order, restraining the defendants and all other persons from the moving, or in any manner interfering with, the personal property and contents of the place where such nuisance is alleged to exist until the decision of the court or judge granting or refusing such preliminary injunction and until the further order of the court thereon. (b) The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein or by posting a copy thereof in a conspicuous place at, or upon one or more of the principal doors or entrances to such places, or the judge may order it served on the parties defendant. (c) The officer serving such restraining order shall forthwith make and return into the court an inventory of the personal property and contents situated in and used in conducting and maintaining such nuisance. (d) Any violation of such restraining order shall be a contempt of court; and, where such order is so posted, mutilation or removal thereof while the same remains in force shall be a contempt of court. (Acts 1919, No. 53, p. 52; Code 1923, §§9285, 9286; Code 1940, T. 7, §§1096, 1097.)

Ala. Code § 6-5-146 Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction.

6-5-146. Service of Complaint on and Answer by Defendants; Granting of Preliminary Injunction. (a) A copy of the complaint, together with a notice of the time and place of the hearing of the application for a preliminary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing shall then be continued at the instance of any defendant, the temporary writ as petitioned for shall be granted as a matter of course. (b) Each defendant so notified shall serve upon the plaintiff or the attorney filing the complaint a verified answer on or before the date fixed in said notice for said hearing, and such answer shall be filed with the register or clerk of the court wherein such case is triable, but the court or judge may allow additional time for answering, providing such extension of time shall not prevent the issuing of said temporary writ as petitioned for. (Acts 1919, No. 53, p. 52; Code 1923, §§9287, 9288; Code 1940, T. 7, §§1098, 1099.)

Ala. Code § 6-5-147 Closing Place Pending Final Decision - Order.

6-5-147. Closing Place Pending Final Decision - Order. (a) If on the hearing for a preliminary injunction it shall appear that the person owning, in control, or in charge of the nuisance so enjoined has received five days’ notice of the hearing, then, unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, the court or judge shall issue an order closing the place against its use for any purpose until final decision shall be entered on the application for a permanent injunction. (b) Such order shall also continue in effect for such further period the temporary restraining order provided in Section 6-5-145 if already issued or, if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as provided, and such restraining order shall be served and the inventory of such property shall be made and filed as provided in such section. (Acts 1919, No. 53, p. 52; Code 1923, §9290; Code 1940, T. 7, §1101.)

Ala. Code § 6-5-148 Closing Place Pending Final Decision - Release of Property on Bond.

6-5-148. Closing Place Pending Final Decision - Release of Property on Bond. The owner or owners of any real property or personal property closed or restrained, or to be closed or restrained, may appear at any time between the filing of the complaint and the hearing of the application for a permanent injunction, and, upon payment of all costs incurred and upon the filing of a bond payable to the state by the owner of the real property, with sureties or a surety company to be approved by the register or clerk in the full value of the property to be ascertained by the court or the judge, conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established or kept until the decision of the court or judge shall have been entered on the application for a permanent injunction, then, in that case, the court or judge, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance and that with reasonable care and diligence such owner could not have known thereof, shall deliver such real or personal property, or both, to the respective owners thereof and cancel or refrain from issuing at the time of the hearing on the application for the injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property. The release of any personal property or real property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subjected by law. (Acts 1919, No. 53, p. 52; Code 1940, T. 7, §1102.)

Ala. Code § 6-5-149 Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment.

6-5-149. Precedence of Action Over Other Cases; Evidence; Dismissal of Action; Continuance; Costs; Judgment. (a) The action, when commenced, shall have precedence over all other cases except injunctions. (b) In such action, evidence of the general reputation of the place or any admission or finding of guilt of any person under the original laws against prostitution, lewdness, or assignation at any such place shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge of and acquiescence and participation therein on the part of the person, or persons, charged with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his personal representative or agent, and his attorney or of the officer filing the complaint, setting forth the reasons why the action should be dismissed and the dismissal be approved by the attorney filing the complaint in writing or in open court. If the court or judge is of the opinion that the action ought not be dismissed, he may direct the district attorney to prosecute such action to judgment at the expense of the county, and if the action is continued more than once, any person who is a citizen of the county, the Attorney General, the district attorney may be substituted for the plaintiff and prosecute said action to judgment. (d) If the action is commenced by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed against such person. (e) If the existence of the nuisance is established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and any other person or persons from further maintaining the nuisance at the place complained of and the defendants from maintaining such nuisance elsewhere in the county. (Acts 1919, No. 53, p. 52; Code 1923, §9292; Code 1940, T. 7, §1103.)

Ala. Code § 6-5-150 Grant and Effect of Permanent Injunction.

6-5-150. Grant and Effect of Permanent Injunction. If upon the final hearing the allegations are sustained to the satisfaction of the court or judge, the court or judge shall enter a judgment restraining the defendants and all other persons from continuing the nuisance. When any injunction has been granted, it shall be binding on the defendants throughout the county. Any violation thereof shall be contempt of court and punished as provided in Section 6-5-154. (Acts 1919, No. 53, p. 52; Code 1923, §9289; Code 1940, T. 7, §1100.)

Ala. Code § 6-5-151 Order of Abatement; Sale of Property.

6-5-151. Order of Abatement; Sale of Property. (a) If the existence of the nuisance is admitted or established in an action as provided in this division, or in a criminal proceeding in the circuit court, an order of abatement shall be entered as a part of the judgment in the case, which shall direct the removal from the place of all personal property and contents used in conducting the nuisance not already released under authority of the court as provided in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such thereof as belonged to the defendants notified or appearing in the manner provided for the sale of chattels under execution. (b) Such order shall also require the renewal for one year of any bond furnished by the owner of the real property as provided in Section 6-5-148 or, if not so furnished, shall continue for one year any closing order issued at the time of granting the preliminary injunction or, if no such closing order was then issued, shall include an order directing the effectual closing of the place against its use for any purpose, so keeping it closed for a period of one year unless sooner released; but the owner of the place so closed and not released under bond as provided in Section 6-5-148 may appear and obtain such release in the manner and upon fulfilling the requirements as provided in such section. (c) The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. (d) Owners of unsold property and contents so seized must appear and claim same within 10 days after such order of abatement is made and prove innocence to the satisfaction of the court of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence shall be so established, such unsold personal property and contents shall be delivered to the owner; otherwise, it shall be sold as provided in this section. (e) If any person shall break and enter or use a place so directed to be closed, he shall be punished for contempt as provided in Section 6-5-154. (Acts 1919, No. 53, p. 52; Code 1923, §§9293, 9294; Code 1940, T. 7, §§1104, 1105.)

Ala. Code § 6-5-152 Fees of Officers Selling Property, Etc.

6-5-152. Fees of Officers Selling Property, Etc. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees as he would for levying and selling like property on execution; and, for closing the place and keeping it closed, a reasonable fee shall be allowed by the court. (Acts 1919, No. 53, p. 52; Code 1923, §9295; Code 1940, T. 7, §1106.)

Ala. Code § 6-5-153 Effect of Establishment of Nuisance in Criminal Proceedings.

6-5-153. Effect of Establishment of Nuisance in Criminal Proceedings. In case the existence of such nuisance is established in a criminal proceeding in a court not having equitable jurisdiction, the district attorney shall proceed promptly under this division to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against the defendant as to the existence of the nuisance. The proceeds of the sale of the personal property as provided in Section 6-5-152 shall be applied in payment of the costs of the action and abatement, including the plaintiff’s costs, or so much of such proceeds as may be necessary, except as provided in this division. (Acts 1919, No. 53, p. 52; Code 1923, §9296; Code 1940, T. 7, §1107.)

Ala. Code § 6-5-154 Violations Constituting Contempt; Proceedings Thereon.

6-5-154. Violations Constituting Contempt; Proceedings Thereon. (a) In case of the violation of any injunction or closing order granted under the provisions of this division or of any restraining order or the commission of any contempt of court in proceedings under this division, the court or the judge thereof may try and punish the offender. The proceedings shall be commenced by filing with the register or clerk of the court a complaint under oath setting out and alleging facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested; he may be released on bond, pending the hearing, to be fixed by the judge. The trial may be had upon affidavits or either party may demand the production and oral examination of witnesses. (b) A party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $100 nor more than $200, or by imprisonment in the county jail not less than one nor more than three months, or by both such fine and imprisonment. (Acts 1919, No. 53, p. 52; Code 1923, §9297; Code 1940, T. 7, §1108.)

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