In General.

Ala. Code tit. 11, tit. 2, ch. 40, art. 1

in effect

Ala. Code § 11-40-1 Municipalities Declared Bodies Politic and Corporate; Seal Generally; Name; Powers, Duties, and Authority Generally.

11-40-1. Municipalities Declared Bodies Politic and Corporate; Seal Generally; Name; Powers, Duties, and Authority Generally. All municipal organizations now existing in the State of Alabama, whether incorporated under the general laws of the state or by special act of the legislative department of the state government, and now exercising corporate powers or functions and all towns and cities that may hereafter be incorporated under the provisions of this title shall be bodies politic and corporate, using a common seal, which may at any time be changed, and having perpetual succession under the name now used or hereafter assumed as provided in this title, and each under such name as the “City of _____” or “Town of _____,” as the case may be, shall sue and be sued, contract and be contracted with, acquire property by purchase, gift, devise, or appropriation for any municipal purpose authorized in this title, and the same shall be held, managed, and controlled by the said municipal corporations under the applicable provisions of law contained in this title and all rules, regulations, resolutions, and ordinances that may be required to carry out any or all of the applicable provisions of this title shall be adopted by the several councils thereof. Such municipal corporations shall be invested with the full powers, duties, and authority granted in this title. (Code 1907, §1046; Code 1923, §1739; Code 1940, T. 37, §1.)

Ala. Code § 11-40-2 Seal.

11-40-2. Seal. All cities and towns shall have a seal, in the center of which shall be the words, “city seal” or “town seal,” as the case may be, and around the margin the name of the city or town, which shall be affixed to all transcripts, orders or certificates which it may be necessary or proper to authenticate. (Acts 1961, No. 666, p. 910, §4.)

Ala. Code § 11-40-3 Acquisition of Rights, Power, and Authority Granted.

11-40-3. Acquisition of Rights, Power, and Authority Granted. Affirmative action shall not be necessary for cities and towns to acquire the rights, power, and authority granted in this title. Municipalities shall, however, hold such elections and pass such ordinances and resolutions as are required by this title. (Code 1907, §1049; Code 1923, §1740; Code 1940, T. 37, §2.)

Ala. Code § 11-40-3.1 Incorporation and Actions of Certain Municipalities Ratified, Validated, and Confirmed.

11-40-3.1. Incorporation and Actions of Certain Municipalities Ratified, Validated, and Confirmed. Notwithstanding any provision of law, any municipal corporation that was organized pursuant to the Code of Alabama of 1896, Chapter 94, Article 1, commencing with §2937, prior to the adoption of the Constitution of Alabama of 1901, that is currently functioning as an active municipality and has been continuously functioning as an active municipality, is hereby ratified, validated, and confirmed as a municipality without regard to any possible irregularity in its incorporation and without regard to any attempt to abolish the municipality. Any action of the municipality since its incorporation is ratified, validated, and confirmed. (Act 2018-247, §1.)

Ala. Code § 11-40-4 Property Rights, Rights of Action, Etc., Preserved and Enforced Notwithstanding Change of Name or Organization.

11-40-4. Property Rights, Rights of Action, Etc., Preserved and Enforced Notwithstanding Change of Name or Organization. Rights of action and rights of property arising before or existing at the time of a change of corporate organization, as directed in this title, shall be enforced against or in favor of such city or town, and all civil actions then pending in favor of or against municipal corporations shall continue to judgment unaffected by this title and shall be enforced in favor of or against such city or town, as the case may be, notwithstanding a change of name or of organization. (Code 1907, §1050; Code 1923, §1741; Code 1940, T. 37, §3.)

Ala. Code § 11-40-5 Corporate Limits Not Altered or Affected by Adoption of Code.

11-40-5. Corporate Limits Not Altered or Affected by Adoption of Code. The corporate limits of any city or town shall not be altered or affected by the adoption of this Code. (Code 1907, §1051; Code 1923, §1742; Code 1940, T. 37, §4.)

Ala. Code § 11-40-6 Municipal Corporations Classified as Cities or Towns; Holding of Election After Change in Government of Municipality.

11-40-6. Municipal Corporations Classified as Cities or Towns; Holding of Election After Change in Government of Municipality. Municipal corporations now existing or hereafter organized under this title containing 2,000 or more inhabitants shall be called cities. All incorporated municipalities containing less than 2,000 inhabitants shall be called towns. The last census, whether federal or taken as authorized in this title, shall be used in determining the population of a city or town. At the next election more than four months after the one hundred twentieth day after the first day of the first regular business session of the legislature held next after the publication by the federal government of the regular federal decennial population census for Alabama, if the municipality shows a population which authorizes a change in its government under this title, the proper officers for such a city shall be elected and perform the duties prescribed in this title. (Code 1907, §1052; Code 1923, §1743; Code 1940, T. 37, §5; Acts 1955, No. 162, p. 408.)

Ala. Code § 11-40-7 Change of Name.

11-40-7. Change of Name. Any city or town may change its corporate name by passing an ordinance stating the new name proposed and submitting the question of change to a vote of the qualified electors of such municipality at the next general municipal election to be held therein. The result of the election shall be ascertained by the officers holding such general election, and return shall be made to the council or other governing authorities which, in the event that a majority of the votes cast at such election are in favor of the change, shall pass a resolution or ordinance declaring the result of the election and stating the new name of the city or town. (Code 1907, §1074; Code 1923, §1768; Code 1940, T. 37, §6.)

Ala. Code § 11-40-8 Division of Municipalities into Wards.

11-40-8. Division of Municipalities into Wards. The several councils of cities or towns shall divide such cities or towns into wards having as nearly as may be the same number of inhabitants, the lines thereof conforming to the center of the streets or alleys and being rectangular as far as practicable. Ward lines, having once been fixed, shall not be changed by the council within three months previous to an election nor within 18 months of the time last established; except, that in the cases where a census showing a population authorizing a change in the form of government shall have been taken or where, within such time, additional territory shall have been annexed to such city or town, such councils shall have the right to create new wards or annex such territory to wards already established. (Code 1907, §§1062, 1065; Acts 1909, No. 56, p. 100; Code 1923, §§1753, 1756; Code 1940, T. 37, §7.)

Ala. Code § 11-40-9 Continuation of Present Organization.

11-40-9. Continuation of Present Organization. The organization of cities and towns existing at the adoption of this Code shall continue until changed in accordance with the provisions of this Code or some subsequent statute. (Code 1923, §1755; Code 1940, T. 37, §8.)

Ala. Code § 11-40-10 Police Jurisdiction; Force and Effect of Ordinances; Jurisdiction on Islands and Offshore Water Adjacent to Florida; Annexations.

11-40-10. Police Jurisdiction; Force and Effect of Ordinances; Jurisdiction on Islands and Offshore Water Adjacent to Florida; Annexations. (a)(1) Except as otherwise provided in this section, the police jurisdiction in municipalities having 6,000 or more inhabitants shall cover all adjoining territory within three miles of the corporate limits, and in municipalities having less than 6,000 inhabitants, the police jurisdiction shall cover all adjoining territory within a mile and a half of the corporate limits of the municipality. (2)a. Except as provided in paragraph b., notwithstanding any other provisions of this section, the police jurisdiction of a municipality outside of the corporate limits of the municipality shall not extend beyond the police jurisdiction of the municipality on January 1, 2021. The annexation of property by general or local law shall not extend the area of a police jurisdiction of a municipality after January 1, 2021, except to include that property annexed into the corporate limits. b. Notwithstanding paragraph a., the governing body of a municipality having less than 6,000 inhabitants according to the 2010 federal decennial census which has 6,000 or more inhabitants according to the 2020 federal decennial census, not later than 180 days following the final release of the 2020 federal decennial census population data by the United States Census Bureau, may extend its police jurisdiction to include all territory within three miles of the corporate limits upon adoption of an ordinance. (3)a. Any municipality, by ordinance, may eliminate or reduce its police jurisdiction outside the corporate limits of the municipality by any number of half-mile increments, which shall take effect on the first day of January following its adoption on or before the preceding first day of October. A municipality eliminating or reducing its police jurisdiction outside the corporate limits shall send written notice to the county commission no later than 30 days following the adoption of the ordinance. A municipality shall cease to levy any licenses or fees under Section 11-51-91 or any other taxes, licenses, or fees, except for those relating to the regulation of subdivisions, within the area removed from the police jurisdiction. A municipality may reduce its police jurisdiction pursuant to this paragraph no more than once during any 24 month period. An ordinance adopted under this paragraph cannot otherwise be amended, altered, or repealed, except by local law. b. Any municipality, by ordinance, may cease to provide any service to its police jurisdiction outside its corporate limits, which shall take effect on the first day of January following its adoption on or before the preceding first day of October. A municipality ceasing to provide a service in its police jurisdiction outside its corporate limits shall send written notice to the county commission no later than 30 days following the adoption of the ordinance. A municipality may adopt an ordinance pursuant to this paragraph no more than once during any 24 month period. An ordinance adopted under this paragraph cannot otherwise be amended, altered, or repealed, except by act of the Legislature. (b)(1)a. Ordinances of a municipality enforcing police or sanitary regulations and prescribing fines and penalties for violations thereof shall have force and effect only in the corporate limits of the municipality and on any property or rights-of-way belonging to the municipality, and on any drinking water reservoir owned by the municipality and on any property adjoining that reservoir. Ordinances of a county enforcing police or sanitary regulations and prescribing fines and penalties for violations thereof shall have force and effect in any area in that county not lying within the corporate limits of any municipality or on any property or rights-of-way belonging to a municipality and that is not a drinking water reservoir owned by the municipality or on any property adjoining that reservoir. b. Ordinances of a municipality prescribing fines and penalties for violations thereof which are state misdemeanors adopted as municipal ordinance violations shall have force and effect in the police jurisdiction of the municipality. (2)a. Except as provided in paragraph b., a municipality enforcing ordinances regulating the construction of buildings in the area of its police jurisdiction outside the corporate limits on January 1, 2021, including the issuance of building permits, inspection of construction, and enforcement of building codes, may continue to adopt and enforce ordinances regulating the construction of buildings within the area of its police jurisdiction outside the corporate limits. b.1. In any county where the county commission is enforcing ordinances regulating the construction of buildings in the area of a municipality’s police jurisdiction outside the corporate limits of the municipality, the municipality shall discontinue enforcing any ordinance regulating the construction of buildings within that area no later than 24 months after the receipt of written notice by the municipal governing body from the county commission detailing that the county commission is enforcing those ordinances, except as provided by agreement adopted under subparagraph 2. 2. The county and the municipality may enter into an agreement for the municipality to regulate by ordinance the construction of buildings in the area of the municipality’s police jurisdiction outside its corporate limits upon adoption of an ordinance by the municipal governing body and a resolution by the county commission. The county or the municipality may waive this agreement upon adoption of an ordinance by the municipal governing body or a resolution by the county commission; provided, that the waiver shall take effect 24 months after receipt of written notice by the non-waiving body from the waiving body detailing the adoption of the ordinance or resolution. c. A municipality may not collect a fee for a building permit unless the municipality conducts a building inspection. The cost of the fee for any building permit shall be reasonably related to the cost of providing building code enforcement and inspection services, and revenue from the fees shall be used for building code enforcement and inspection services and not for general revenue purposes. (3) In order for an ordinance adopted after July 26, 2021, to have force and effect in a police jurisdiction of a municipality or town, the municipal governing body shall provide a 30-day notice that the ordinance shall be effective in the police jurisdiction. The notice given shall be the same as required for adoption of an ordinance under Section 11-45-8. Additionally, if available at no cost to the municipality, the notice shall be submitted to any state-operated website providing information to businesses as directed by the Department of Revenue. No ordinance adopted after September 1, 2015, may be enforced against an individual or entity in the police jurisdiction affected by the ordinance until and unless the municipality has complied with the notice requirements provided for in this section. (c)(1) Notwithstanding any provision of this section to the contrary, the police jurisdiction of any municipality which pursuant to this section extends to include part of any island which has water immediately offshore adjacent to the boundary of the State of Florida, upon approval of the council of the municipality, shall extend to include the entire island including the water adjacent to the island extending to the existing police jurisdiction of the municipality and extending to the Florida state boundary where applicable. (2) Nothing in this section shall prohibit or restrict a municipality from exercising authority within existing rights-of-way, in any public waterway immediately adjacent to territory within its corporate limits, on any uninhabited island which lies directly across a public waterway from territory within the corporate limits and would be contiguous with that territory except for the intervention of that public waterway, or on any public land or beach within its police jurisdiction. For purposes of this subdivision, “uninhabited island” means any land surrounded by water which has no residential or commercial buildings on it. (d) When any noncontiguous property has been annexed into a municipality, the municipal governing body shall not exercise any jurisdiction or authority in any portion of the police jurisdiction that was extended beyond the corporate limits as a result of the annexation, notwithstanding any other law to the contrary. (e) In no event shall a municipality, its officers, agents, contractors, subcontractors, or employees be liable for a reduction or elimination of the municipal police jurisdiction or the reduction or elimination of any service provided within the police jurisdiction, including, but not limited to, any equitable relief or indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever arising in any manner as a result of the elimination of the police jurisdiction. (f) Act 2021-297 does not affect any public or private contracts, or any mutual aid agreements between law enforcement, fire service, public safety, or emergency service agencies. (Code 1907, §1230; Code 1923, §1954; Code 1940, T. 37, §9; Act 2003-388, p. 1093, §1; Act 2015-361, p. 1101, §1; Act 2016-391, p. 1046, §1; Act 2021-297, §§1,4.)

Ala. Code § 11-40-10.1 Contracts for Certain Law Enforcement Services of Class 6 Municipality.

11-40-10.1. Contracts for Certain Law Enforcement Services of Class 6 Municipality. (a) The governing body of a Class 6 municipality may enter into contracts which provide for the police department of the municipality to provide law enforcement services beyond the corporate limits of the municipality, but within the police jurisdiction of the municipality, and may prescribe the conditions under which the services may be rendered. The governing body of the municipality may enter into a contract or contracts with any county or county board, any property owner of a manufacturing or industrial concern, or any property owner within any residential or business area for its police department to render law enforcement services on the terms as may be agreed to by the governing body of a Class 6 municipality and the contracting party or parties. (b) Notwithstanding subsection (a), the governing body of the municipality may not enter into a contract or contracts with any county or county board, any property owner of a manufacturing or industrial concern, or any property owner within any residential or business area for its police department to render law enforcement services to enforce traffic regulations, including speeding and enforcement of speed zones. (c) When the police department of a Class 6 municipality is operating pursuant to a contract or contracts pursuant to this section on any call beyond the corporate limits, but within the police jurisdiction of the Class 6 municipality, the department shall be deemed to be operating in a governmental capacity and subject to the same liability for injuries as the department would be if the department was otherwise operating within the corporate limits of the Class 6 municipality. (Act 2001-693, p. 1452, §1.)

Ala. Code § 11-40-10.2 Rehiring of Certain Law Enforcement Officers Retired from State or Local Law Enforcement Agency.

11-40-10.2. Rehiring of Certain Law Enforcement Officers Retired from State or Local Law Enforcement Agency. (a) Notwithstanding any provision of law to the contrary, a Class 5, Class 6, Class 7, or Class 8 municipality may rehire a retired law enforcement officer to perform duties as needed if the mayor, or town or city council, as appropriate, declares all of the following: (1) There is a critical personnel shortage such that the rehiring is necessary to provide public safety services. (2) The retired law enforcement officer retired from any state or local law enforcement agency within the State of Alabama which subscribes to the same pension system as the reemploying authority, and has been retired for at least 45 consecutive days prior to reemployment with a municipality. (3) The retired law enforcement officer, at the time of retirement, met the qualifications as a law enforcement officer provided in Section 36-21-46, and the standards and rules issued by the Alabama Peace Officers’ Standards and Training Commission which were in place at the time of his or her retirement. (4) The poverty rate of the county in which the municipality is situated is greater than 25 percent, as measured by the most recent decennial census. (b) The chief of police, mayor, or town or city council, as appropriate, shall approve a retired law enforcement officer for reemployment pursuant to the established guidelines for new hires of the reemploying authority. (c) The number of retirees from the Alabama State Law Enforcement Agency reemployed by a municipality pursuant to this section may not exceed 10 percent of the reemploying authority’s entire authorized law enforcement officer force on September 1, 2019. (d) The job duties of a rehired retired law enforcement officer by a reemploying authority shall not consist primarily of an administrative nature, and shall be limited to tasks which are traditionally performed by patrolmen and detectives. For the purposes of this article, “tasks which are traditionally performed by patrolmen and detectives” includes: (1) Providing for public safety by maintaining order, responding to emergencies, protecting people and property, enforcing motor vehicle and criminal laws, and promoting good community relations. (2) Identifying, pursuing, and arresting suspects and perpetrators of criminal acts. (3) Obtaining warrants and arresting suspects and perpetrators of criminal acts. (4) Recording facts to prepare reports that document incidents and activities. (5) Reviewing facts of incidents to determine if a criminal act or a statutory violation was involved. (6) Rendering aid to accident victims and other persons requiring first aid for physical injuries. (7) Testifying in court to present evidence or acting as witness in traffic and criminal cases. (8) Evaluating complaint and emergency-request information to determine response requirements. (9) Patrolling specific areas on foot, horseback, bicycle, or motorized conveyance and responding promptly to calls for assistance. (10) Monitoring, noting, reporting, and investigating suspicious persons and situations, safety hazards, and unusual or illegal activity in patrol area. (11) Investigating traffic accidents and other accidents to determine causes and to determine if a crime has been committed. (12) Photographing or drawing diagrams of crime or accident scenes and interviewing principals and eyewitnesses. (13) Monitoring traffic to ensure motorists observe traffic regulations and exhibit safe driving procedures. (14) Relaying complaint and emergency-request information to appropriate agency dispatchers. (15) Issuing citations or warnings to violators of motor vehicle ordinances. (16) Directing traffic flow and rerouting traffic in case of emergencies. (17) Informing citizens of community services and recommending options to facilitate longer-term problem resolution. (18) Providing road information to assist motorists. (19) Processing prisoners, and preparing and maintaining records of prisoner bookings and prisoner status during booking and pre-trial process. (20) Inspecting public establishments to ensure compliance with rules and regulations. (21) Acting as official escorts, such as when leading funeral processions or firefighters. (e) The period of reemployment for a retired law enforcement officer pursuant to this section may be no more than a total of 10 years from the date of rehiring by the reemploying authority. (f) The compensation of the rehired retired law enforcement officer may not exceed the compensation that he or she received at the time of his or her retirement. (g) Notwithstanding subsection (f), a retired law enforcement officer rehired under this section is subject to Section 36-27-8.2. (Act 2019-448, §1.)

Ala. Code § 11-40-11 When Change in Form of Government Takes Effect.

11-40-11. When Change in Form of Government Takes Effect. No change from the mayor-council form of municipal government to the commission form of municipal government hereafter directed by vote of the electors of any municipality in this state shall become effective until October 1 of the general municipal election year next following the election at which such change is voted. No change from the commission form of municipal government to the mayor-council form of municipal government hereafter directed by vote of the electors of any municipality in this state shall become effective until October 1 of the general municipal election year next following the election at which such change is voted. The term of any commissioner which might expire before such date is hereby extended until such date when the form of government changes. (Acts 1959, No. 71, p. 477.)

Ala. Code § 11-40-12 Classification of Municipalities.

11-40-12. Classification of Municipalities. (a) There are hereby established eight classes of municipalities based on the population as certified by the 1970 federal decennial census, as authorized by Amendment No. 375, Constitution of Alabama of 1901, as follows: Class 1: All cities with a population of 300,000 inhabitants or more; Class 2: All cities with a population of not less than 175,000 and not more than 299,999 inhabitants; Class 3: All cities with a population of not less than 100,000 and not more than 174,999 inhabitants; Class 4: All cities with a population of not less than 50,000 and not more than 99,999 inhabitants; Class 5: All cities with a population of not less than 25,000 and not more than 49,999 inhabitants; Class 6: All cities with a population of not less than 12,000 and not more than 24,999 inhabitants; Class 7: All cities with a population of not less than 6,000 and not more than 11,999 inhabitants; Class 8: All cities and towns with a population of 5,999 inhabitants or less. (b) The Legislature may refer, in the title thereof, to the class or classes of municipalities herein set out, in adopting general laws. (c) Any municipality incorporated after June 28, 1979, shall be placed in one of the above classes according to the population of the municipality at the time of its incorporation. (Acts 1979, No. 79-263, p. 402, §§1, 3.)

Ala. Code § 11-40-13 Notice Required for Enactment of General Law Applying to Single Municipality.

11-40-13. Notice Required for Enactment of General Law Applying to Single Municipality. No general law which at the time of its enactment applies to only one municipality of the state shall be enacted unless notice of the intention to apply therefor shall have been given and shown as provided in Section 106 of the Constitution of Alabama of 1901 for special, private, or local laws; provided, that such notice shall not be deemed to constitute such law a local law. (Acts 1979, No. 79-263, p. 402, §2.)

Ala. Code § 11-40-14 Expense Allowances for Members of Governing Body of Class 1 Municipalities; Reimbursement for Expenses Incurred Beyond Corporate Limits.

11-40-14. Expense Allowances for Members of Governing Body of Class 1 Municipalities; Reimbursement for Expenses Incurred Beyond Corporate Limits. (a) The council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or more according to the last and any subsequent federal decennial census, shall have the power and authority to grant to any member of such council or other governing body an amount of money for expenses incurred by such member on account of such member’s attending the business of such municipality within its corporate limits. The maximum expense allowance shall be $300.00 per month for each member of the council, except the president or chairman of the council or other governing body who may be given an allowance not to exceed $350.00 per month. (b) In addition to the authority granted by subsection (a) of this section, the council or other governing body of Class 1 municipalities in Alabama and all municipalities in Alabama having a population of 250,000 or more according to the last and any subsequent federal decennial census commencing November 15, 1983, shall have the power and authority to grant to any member of such council or other governing body who was elected for a term commencing in November, 1981, an amount of money in addition to that provided in subsection (a) of this section, for expenses incurred by such member on account of such member’s attending the business of such municipality within its corporate limits. The maximum additional expense allowance shall be $200.00 per month for each such member of the council. No such additional expense allowance shall be paid to any council member after November 15, 1985. (c) The provisions of this section shall not be construed so as to prevent any such member of such council or other governing body from being reimbursed for actual expenses incurred by him on or in connection with a trip on municipal business beyond the corporate limits of such municipality, which amount shall not accrue against the monetary amounts provided in subsection (a) of this section. (Acts 1982, No. 82-188, p. 217, §§1-3.)

Ala. Code § 11-40-15 Exemption of Incorporated Municipalities and Municipal Boards from Uniform Disposition of Unclaimed Property Act.

11-40-15. Exemption of Incorporated Municipalities and Municipal Boards from Uniform Disposition of Unclaimed Property Act. The incorporated municipalities and incorporated municipal boards of this state shall be exempt from the Uniform Disposition of Unclaimed Property Act, which is codified in sections 35-12-20 through 35-12-48. (Acts 1982, No. 82-483, p. 801.)

Ala. Code § 11-40-16 Creation of Enterprise Zones Within Class 1 Cities; Purpose.

11-40-16. Creation of Enterprise Zones Within Class 1 Cities; Purpose. (a) The Legislature of Alabama hereby finds and declares that the health, safety, and welfare of the people of Class 1 cities are enhanced by the continual encouragement, development, growth, and expansion of private enterprise within this state. That there are certain economically depressed areas in such cities that need particular attention to create new jobs, stimulate economic activity, and attract private sector investment rather than government subsidy to improve the quality of life of their citizens. It is the purpose of this section to encourage new economic activity in these depressed areas of such Class 1 cities by means of reduced taxes and the removal of unnecessary governmental barriers to the production and earning of wages and profits and the creation of economic growth. (b) In order to further the purposes of this section, Class 1 cities are hereby authorized to create by ordinance one or more specific areas as enterprise zones which the governing body finds are areas of pervasive poverty, unemployment, and general economic distress, and, in order to encourage private investment, to promote the creation of jobs within such zones, such Class 1 cities are hereby authorized within such zones to initiate and carry out special programs which include, but are not limited to, the following: (1) A reduction of municipal tax rates, municipal license rates, and/or municipal fees for governmental services within such zones. (2) An increase in the level or efficiency of public services within the zone including provision for the providing of such services by nongovernment entities. (3) Reduction, removal, simplification, or other modification of regulatory requirements applying within such zones. (4) Involvement of private entities, organizations, neighborhood associations, and community groups with such zones, including the provision by such entities of jobs, job training, and technical, financial, and other assistance to employers, employees, and residents of such zones. (5) Other services or modification of requirements as may be necessary or desirable to qualify for financial assistance to such Class 1 cities or private entities within such zones under any act of the Congress of the United States heretofore or hereafter enacted. (c) In carrying out any program established in an enterprise zone created hereunder, the governing body of the county in which such Class 1 city is situated, and all agencies of such Class 1 city and county agencies created thereby, and the State of Alabama and all agencies thereof, are hereby authorized to carry out programs which include, but are not limited to, those authorized for such Class 1 cities under the provisions of subdivisions (1), (2), (3), and (4) of subsection (b) above. (Acts 1983, 2nd Ex. Sess., No. 83-142, p. 150.)

Ala. Code § 11-40-17 Minimum Monthly Retirement and Survivor’s Benefits in Class 1 Municipalities.

11-40-17. Minimum Monthly Retirement and Survivor’s Benefits in Class 1 Municipalities. In all Class 1 municipalities, notwithstanding any provision to the contrary in any section of Article VI of Act No. 929, S. 676, Regular Session 1951 (Acts 1951, p. 1579), as amended, any benefit payable on a monthly basis to a participant or retiree under Act No. 929, S. 676, Regular Session 1951 (Acts 1951, p. 1579), as amended, shall not be of an amount less than $400.00 per month, and any survivor’s or spouse’s benefit payable on a monthly basis shall not be of an amount less than $160.00 per month. (Acts 1987, No. 87-227, p. 325, §1.)

Ala. Code § 11-40-17.1 Class 1 Municipalities Authorized to Grant Pension Benefit Increases to Participants in Former Municipal Pension Plans.

11-40-17.1. Class 1 Municipalities Authorized to Grant Pension Benefit Increases to Participants in Former Municipal Pension Plans. The city council of any Class 1 municipality may grant pension plan benefit increases to retired employee participants, and their beneficiaries, in terminated or inactive former pension plans of any Class 1 municipality, provided the increases shall not exceed the increases granted to retired participants in the City of Birmingham Retirement and Relief System created under Act No. 929, 1951 Regular Session, as amended. The benefit increases may be retroactive but shall be granted only after the city council receives the opinion of a licensed actuary regarding the cost of any increase. (Acts 1995, No. 95-562, p. 1174. §1.)

Ala. Code § 11-40-17.2 Inclusion of Longevity Component in Monthly Salary Used to Calculate Extraordinary Disability Benefits in Class 1 Municipalities.

11-40-17.2. Inclusion of Longevity Component in Monthly Salary Used to Calculate Extraordinary Disability Benefits in Class 1 Municipalities. (a) The Legislature finds that in all Class 1 municipalities some recipients of extraordinary disability benefits awarded prior to May 23, 1977, did not have a longevity component included in the monthly salary used to calculate their extraordinary disability benefit and hereby intends to remedy that omission. (b) In all Class 1 municipalities, notwithstanding any provision to the contrary in any section of Article VI of Act No. 929, S. 676, Regular Session 1951, as amended, all recipients of extraordinary disability benefits whose longevity payment received during the year prior to their disability was not included in the amount of monthly salary used in the calculation of the extraordinary disability benefit shall receive an increase in the monthly benefit of 70 percent of one-twelfth of the total longevity payment received during the year immediately preceding the recipient’s disability application. The increase shall apply to future benefits only and no retroactive increase shall be paid. (Acts 1996, No. 96-549, p. 802, §§1, 2.)

Ala. Code § 11-40-17.3 Retroactive Deferred Retirement Option Plan.

11-40-17.3. Retroactive Deferred Retirement Option Plan. (a) This section shall apply to Class 1 municipalities only. (b) There is established a Retroactive Deferred Retirement Option (“Back Drop”) Plan for any retirement and relief system established pursuant to Act 1272, 1973 Regular Session (Acts 1973, p. 2124), as amended. A participant who retires at least 90 days following July 1, 2002, who has then completed at least 23 years of credited service, and who is otherwise entitled to retire and receive a normal retirement benefit, shall have the opportunity to elect a Back Drop plan. A participant eligible for the Back Drop plan can elect in writing at his or her retirement to retroactively drop his or her credited service in excess of 20 years, for a period of months not exceeding 36 months immediately preceding the date of retirement (the “Back Drop period”); provided that the beginning of the Back Drop period may not extend past the earliest date on which the participant would have qualified for a normal retirement benefit. A participant who is not actively employed may not make a Back Drop election. To be effective, a Back Drop election by a married participant must be approved in writing by his or her spouse. (c) Notwithstanding the provisions of Section 1 of Article VI of Act 1272, 1973 Regular Session (Acts 1973, p. 2124), as amended, in effect as of the date of a participant’s retirement, any participant making the Back Drop election shall have his or her retirement benefits determined under said section as if retirement had occurred on the beginning date of the Back Drop period, so that for purposes of calculating the retirement benefits, service during the Back Drop period shall not count as credited service, and salary earned during the Back Drop period shall not be included in the calculation of final average salary. (d) Any participant who elects the Back Drop plan shall receive, not less than 30 days or more than 90 days after his or her retirement, a lump-sum distribution equal to the monthly benefits that would have been paid during the Back Drop period if the participant’s retirement had occurred on the beginning date of the Back Drop period, calculated as provided in subsection (c), together with interest thereon at a percentage rate as the board may determine, annually, compounded monthly from the date on which each monthly benefit would have been paid; provided that no interest shall be paid unless the actuary retained by the board determines that sufficient funds are available to pay the interest on a cost-neutral basis. (e) If any participant who elects the Back Drop plan dies before the lump-sum distribution referred to in subsection (d) is paid, the Back Drop election shall be null and void, and the benefits to which the participant and his or her surviving spouse, if any, are entitled will be calculated as if the Back Drop election had never been made. (f) If any participant was receiving retirement benefits under a Back Drop election made in accordance with the preceding provisions of this section, then notwithstanding any other provisions of Section 10 of Article VI of Act 1272, 1973 Regular Session (Acts 1973, p. 2124), as amended, the benefits to which the participant’s surviving spouse is entitled shall be calculated on the basis of the retirement benefit which the participant was receiving as a result of the Back Drop election. (g) The board shall have the authority to terminate the Back Drop plan created in this section prospectively at any time if it is determined that contributions to the system are not sufficient to pay the costs of the Back Drop plan; provided that no termination shall affect the rights of any participant, or surviving spouse of a participant, who has properly made his or her Back Drop election as required herein but has not yet begun receiving benefits to which he or she would be entitled as a result of the election. (h) The board is authorized, with approval of the governing body of the municipality primarily served by the system, to make any and all rules and regulations necessary to implement and administer the Back Drop plan which are not inconsistent with this section or applicable law. (Act 2001-544, p. 1095, §§1, 2.)

Ala. Code § 11-40-18 Minimum Benefits Under Certain Policemen’s and Firemen’s Pension and Relief Plans.

11-40-18. Minimum Benefits Under Certain Policemen’s and Firemen’s Pension and Relief Plans. In all Class 1 municipalities, notwithstanding any provision of law to the contrary, any benefit payable on a monthly basis to a participant or retiree under the Policemen’s Pension and Relief Plan provided by Act No. 502 of the 1923 Session of the legislature of Alabama, as amended or codified; the Firemen’s Pension and Relief Plan provided by Act No. 307 of the 1943 Session of the legislature of Alabama, as amended (General Acts of Alabama of 1943, p. 264); the Limited Policemen’s Retirement and Relief System provided by Act No. 470 of the 1955 Regular Session of the legislature of Alabama, as amended (Acts of Alabama of 1955, p. 1067); and Limited Firemen’s Pension and Relief System provided by Act No. 217 of the 1966 Special Session of the legislature of Alabama, as amended (Acts of Alabama, Special Session 1966, p. 280) shall not be of an amount less than $400.00 per month, and any survivor’s or spouse’s benefit payable on a monthly basis shall not be of an amount less than $160.00 per month. (Acts 1988, No. 88-642, p. 1028, §1.)

Ala. Code § 11-40-18.1 Minimum Benefits Under Certain Policemen’s and Firemen’s Pension and Relief Plans.

11-40-18.1. Minimum Benefits Under Certain Policemen’s and Firemen’s Pension and Relief Plans. Notwithstanding any other laws, in Class 1 municipalities, any benefit payable on a monthly basis to a participant or retiree under the Policemen’s Pension and Relief Fund provided by Act No. 502 of the 1923 Session of the Legislature, as amended, the Firemen’s Pension and Relief Fund provided by Act No. 307 of the 1943 Session of the Legislature, as amended, the Separate Policemen’s Retirement and Relief System provided by Act No. 470 of the 1955 Regular Session of the Legislature, as amended, or the Separate Firemen’s Pension and Relief System provided by Act No. 217 of the 1966 Special Session of the Legislature, as amended, shall be in an amount not less than five hundred fifty dollars ($550) per month, and any survivor’s or spouse’s benefit payable therefrom on a monthly basis shall be in an amount not less than three hundred twenty dollars ($320) per month. (Acts 1994, No. 94-658, p. 1271, §1.)

Ala. Code § 11-40-18.2 Liability and Indemnification Under Firemen’s and Policemen’s Supplemental Pension System.

11-40-18.2. Liability and Indemnification Under Firemen’s and Policemen’s Supplemental Pension System. In the absence of wantonness or willful misconduct, in any Class 1 municipality, the board of firemen and policemen for the Class 1 municipality, the members of the board of firemen and policemen, and any officer, employee, or agent of a Class 1 municipality or of the board of firemen and policemen shall not incur any liability, individually or on behalf of any other individuals or on behalf of a Class 1 municipality or the board of firemen and policemen in a Class 1 municipality, for any act or failure to act in relation to the plan or the fund of any firemen’s and policemen’s supplemental pension system established pursuant to Act 556 of the 1959 Regular Session (Acts 1959, p. 1376). In the absence of wantonness or willful misconduct, officers and members of the board, employees in any Class 1 municipalities, and agents of any Class 1 municipality and of the board of firemen and policemen shall be indemnified against any and all liabilities arising by reason of any act, or failure to act, in relation to the plan or the fund of the firemen’s and policemen’s supplemental pension system. This indemnification shall not apply to any act or failure to act made in bad faith, nor shall it apply to a paid consultant or paid agent of the fund. This indemnification shall include, without limitation, expenses reasonably incurred in the defense of any claim relating to the plan or the fund of the firemen’s and policemen’s supplemental pension system, and amounts paid in any compromise or settlement relating to the plan or the fund of the firemen’s and policemen’s supplemental pension system. The indemnification shall be paid from the fund and shall apply retrospectively as well as prospectively. (Act 2001-966, 3rd Sp. Sess., p. 860, §1; Act 2004-438, p. 748, §1.)

Ala. Code § 11-40-19 Operation of Hotel and Related Facilities by Class 1 Municipalities and Certain Public Corporations - Requirements.

11-40-19. Operation of Hotel and Related Facilities by Class 1 Municipalities and Certain Public Corporations - Requirements. In addition to all other powers heretofore granted by law, any Class 1 municipality that owns a civic center, or any public corporation that owns a civic center located within a Class 1 municipality, shall have the power to own and operate a hotel, together with any related restaurants, meeting rooms and other facilities and services commonly provided by hotels, subject to the requirements that (i) such hotel and such restaurants and other facilities are located within, or are located on a tract of land contiguous to, the area designated for civic center purposes by the governing body of the municipality in which such civic center is located, (ii) such hotel is of sufficient size and quality to accommodate persons attending conventions held at such civic center, and (iii) if such hotel is to be owned or operated by the Class 1 municipality, and if there is at the time a public corporation in existence that owns a civic center located within such municipality, such municipality shall obtain the approval of the governing body of such public corporation and the approval of the governing body of the county in which all or the largest part of the area of such municipality is located as conditions precedent to the ownership or operation of such hotel by such municipality, such approvals to be evidenced by formal resolutions respectively adopted by the governing bodies of such public corporation and such county. For purposes of clause (i) in the preceding sentence, two tracts of land shall be deemed to be contiguous if such tracts share a common boundary line or perimeter point or if such tracts are separated only by a public street or highway. A hotel shall be deemed to satisfy the requirement set forth in clause (ii) in the first sentence of this paragraph if either of the following two conditions is satisfied: (a) The governing body of the municipality in which such civic center is located, or, alternatively, if such civic center is owned by a separate public corporation, the governing body of such public corporation, shall adopt a resolution finding that the size, quality, and other physical and operating characteristics of such hotel are appropriate for its use as a primary lodging facility for guests attending conventions at such civic center; or (b) at the time such hotel is acquired by any municipality or separate public corporation, or at the time any project for the construction, expansion, or renovation of such hotel is undertaken by any municipality or separate public corporation, as the case may be, such hotel, as it then exists or as it is expected to exist after completion of any planned construction, expansion, or renovation project, shall have the largest number of rentable rooms of any hotel that is then operational and located in the same municipality. (Acts 1989, No. 89-794, §1.)

Ala. Code § 11-40-20 Operation of Hotel and Related Facilities by Class 1 Municipalities and Certain Public Corporations - Hotel Management Contracts.

11-40-20. Operation of Hotel and Related Facilities by Class 1 Municipalities and Certain Public Corporations - Hotel Management Contracts. Any municipality or separate public corporation authorized to own and operate a hotel pursuant to the provisions of Section 11-40-19 and this section may operate such hotel through one or more management contracts with private companies experienced in the operation of hotels, and such management contract shall be exempt from the provisions of Sections 41-16-50 through 41-16-63, inclusive, and shall be awarded for such term and in accordance with such conditions as shall be determined by the governing body of said municipality or separate public corporation, as the case may be. Nothing contained in Section 11-40-19 or this section shall be construed to limit any hotel owned and operated by any municipality or public corporation to providing services to persons attending conventions that use the civic center facilities owned by such municipality or public corporation, and any hotel owned and operated by a municipality or a public corporation pursuant to Section 11-40-19 and this section shall be entitled to serve the general public to the full extent permitted hotels under the laws of the state. (Acts 1989, No. 89-794, §2.)

Ala. Code § 11-40-21 Number of Members on Municipal Boards, Committees, Etc., in Class 3 Municipalities.

11-40-21. Number of Members on Municipal Boards, Committees, Etc., in Class 3 Municipalities. In any Class 3 municipality, any law to the contrary notwithstanding, the number of members who shall serve on any existing or future municipal board, committee, or like body, shall be the same as the number of members on the municipal governing body unless the municipal governing body by a two-thirds vote of the total membership of the municipal governing body shall provide for a greater or lesser number of members. (Acts 1993, No. 93-704, p. 1349, §1.)

Ala. Code § 11-40-22 Mayor Authorized to Award Municipal Employees for Exemplary Performance, Etc.

11-40-22. Mayor Authorized to Award Municipal Employees for Exemplary Performance, Etc. (a) Notwithstanding any limitations of law pertaining to the municipality, the mayor of any municipality in Alabama is hereby authorized, subject to budget restraints approved by the governing body, to make cash or non-cash awards not to exceed $1,000 to employees of the municipality in recognition of exemplary performance or for innovations that significantly reduce costs or result in outstanding improvements in services to the public. (b) Any employee selected to receive a cash or non-cash award for exemplary performance or for innovations that significantly reduce costs must first be recommended by his or her supervisor and approved by the governing body of the municipality. (c) Nothing in this section shall affect any program in existence on September 22, 1997. (Acts 1997, No. 97-948, §§ 1, 2; Act 98-614, p. 1354, §1.)

Ala. Code § 11-40-23 License Tax for Collecting, Etc., Waste Grease and Animal By-Products.

11-40-23. License Tax for Collecting, Etc., Waste Grease and Animal By-Products. Each person engaged in the business of purchasing and receiving or collecting waste grease and animal by-products for rendering or recycling, from businesses, schools, and institutions located in various cities of the state, shall pay the following annual license tax in cities of: over 100,000 population | $50.00 25,000 to 100,000 population | 25.00 12,000 to 25,000 population | 20.00 6,000 to 12,000 population | 15.00 2,000 to 6,000 population | 10.00 0 to 2,000 population | 5.00 (Formerly §40-12-180; Acts 1991, No. 91-598, p. 1101, §1; transferred to this section by Act 99-526, p. 1152, §1.)

Ala. Code § 11-40-24 Employees of Separately Incorporated Public Corporation Not Deemed Employees of Municipality.

11-40-24. Employees of Separately Incorporated Public Corporation Not Deemed Employees of Municipality. Notwithstanding any other provision of law, employees of any separately incorporated public corporation authorized to be created by a municipality pursuant to state law are employees of that separately incorporated entity and are not employees of the municipality authorizing the creation of the entity. (Act 2006-548, p. 1265, §1.)

Ala. Code § 11-40-25 Municipal Officers Removed by Operation of Law.

11-40-25. Municipal Officers Removed by Operation of Law. (a) For purposes of this section, the term elected municipal official means any mayor, council member, or commission member elected or appointed to municipal office whose presence at council or commission meetings is counted towards establishing a quorum. (b) Any elected municipal official who misses all regular and special called council or commission meetings for 90 consecutive days, beginning on the date of any absence, shall be removed from office by operation of law. (c) For the purpose of applying subsection (b), on the date and time of any regular or special called council or commission meeting of a municipality, the clerk shall make a record of all elected municipal officials present or absent regardless of whether or not a quorum is present. (d) At the next council or commission meeting following the date an elected municipal official has been removed from office pursuant to this section, the council or commission may vote to reinstate the elected municipal official removed from office as provided herein for any mitigating or extenuating circumstances as determined by a majority vote of the remaining voting members of the council or commission, including the mayor if the mayor is a voting member of the council as provided by law. (e) If the council or commission does not reinstate the removed elected municipal official pursuant to subsection (d), the council or commission shall fill the vacancy as provided by law. (f) This section shall not apply to any elected municipal official whose absence from any council or commission meeting is a result of military service. (Act 2010-611, p. 1567, §1.)

Ala. Code § 11-40-26 Limitation on a Municipality’s General Operating Budget That May Be Derived from Traffic Ticket Fines and Penalties.

11-40-26. Limitation on a Municipality’s General Operating Budget That May Be Derived from Traffic Ticket Fines and Penalties. (a) Only 10 percent of a municipality’s general operating budget may come from fines and penalties retained by a municipality from traffic tickets. Any remaining amount in excess of the 10 percent threshold shall be transferred to the Department of Finance for allocation, in equal amounts, to the Crime Victims’ Compensation Fund, created pursuant to Section 15-23-16, and the Fair Trial Tax Fund, created pursuant to Section 12-19-251. (b) In determining the total general operating budget, a municipality shall use the most recently completed year’s budget. (c) Class 1 municipalities are excluded from this section. (Act 2022-419, §1.)

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