CODE OF ORDINANCES CITY OF PELHAM, ALABAMA

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Published by Order of the City Council

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Adopted February 15, 1988
Effective February 20, 1988

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Republished in 2004 by Order of the City Council

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CURRENT OFFICIALS

of the

CITY OF PELHAM

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Bobby Hayes

Mayor

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Mike Dickens
Karyl Rice
Rosemary Metcalf
Willard Payne
Robert Sullivan

City Council

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Donna Treslar

Administrative Assistant

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Frank Ellis

City Attorney

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Peggy Bates

City Clerk

OFFICIALS

of the

CITY OF PELHAM

AT THE TIME OF CODIFICATION

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Bobby Hayes
Mayor

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Ken Maynard

Willard C. Payne

Beverly Hall

Karyl J. Rice

Jim Phillips

City Council

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Bill Overstreet
Administrative Assistant

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Frank C. Ellis
City Attorney

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Dee Dee Heslop
City Clerk

PREFACE

This Code constitutes a complete republication of the ordinances of the City of Pelham of a general and permanent nature.

Source materials used in the preparation of the Code were the 1988 Code and ordinances adopted by the city council through Ordinance No. 67-6, adopted March 1, 2004. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the 1988 Code. By use of the Comparative Table appearing in the back of this volume, the reader can locate any section of each ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been assigned catchlines to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their locations within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the tenth section of Chapter 5 is 5-10. Under this system, each section is identified with its chapter, and, at the same time, new sections or even whole chapters can be inserted in their proper places simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 4-2 and 4-3 is desired to be added, such new sections would be numbered 4-2.1, 4-2.2 and 4-2.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 8 and 9, it will be designated as Chapter 8.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Page Numbering System

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

CODE	CD1:1
APPENDIX A	APPA:1
APPENDIX B	APPB:1
CODE COMPARATIVE TABLE	CCT:1
TABLE OF OMITTED ORDINANCES	TOO:1
STATUTORY REFERENCE TABLE	SRT:1
CODE INDEX	CDi:1

 

Index

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

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

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

Acknowledgments

The publication of this Code was under the direct supervision of B. Meade White, Supervising Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project. The publishers are most grateful to Mr. Bill Overstreet, Administrative Assistant, Mr. Frank C. Ellis, City Attorney, and Ms. Dee Dee Heslop, City Clerk, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

The republication of this Code was under the supervision of A. Lawton Langford, President, and Wilma W. Reed, Supplement Editor, of Municipal Code Corporation. Appreciation is gratefully expressed to Ms. Peggy Bates, City Clerk and Frank Ellis, City Attorney for their capable assistance in the republication project.

It is hoped that their efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the City's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation and the City of Pelham, Alabama. Editorial enhancements include, but are not limited to: organization; table of contents; section catchlines; prechapter section analyses; editor's notes; cross references; state law references; numbering system; code comparative table; state law reference table; and index. Such material may not be used or reproduced for commercial purposes without the express written consent of Municipal Code Corporation and the City of Pelham, Alabama.

© Copyrighted material.
Municipal Code Corporation and the City of Pelham, Alabama 2004.

ADOPTING ORDINANCE

ORDINANCE NO. 168

An Ordinance Adopting and Enacting a New Code for the City of Pelham, Alabama; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and This Ordinance Shall Become Effective. The City Council of Pelham Ordains:

Section 1. The Code entitled the "The Code of Ordinances, City of Pelham, Alabama," published by Municipal Code Corporation, consisting of Chapters 1 through 15, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before October 5, 1987, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), and/or may be imprisoned or sentenced to labor for the city for a period not exceeding six (6) months, at the discretion of the court trying the case; provided, however, no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of a substantially similar offense. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.

Section 5. Additions or amendments to the Code, when passed in the form as to indicate the intention of the council to make the same a part of the Code, shall be deemed to be incorporated in the Code so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after October 5, 1987, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall become effective February 20, 1988.

Passed and adopted by the Pelham City Council this 15th day of February, 1988.

	/s/  Bobby Hayes       Mayor

/s/  Dee Dee Heslop       City Clerk

Certificate of Adoption

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting of the Council of the City of Pelham held on the 15th day of February, 1988.

	/s/  Dee Dee Heslop       City Clerk

Ken Maynard, a member of the City Council of the City of Pelham, moved that all rules which would prevent the immediate consideration of Ordinance No. 168, hereupon attached, should be suspended and immediate consideration given to the passage of said Ordinance. Said motion was seconded by Jim Phillips, a member, and upon a roll call vote was unanimously passed. The vote on said motion was as follows:

Bobby Hayes Mayor	y
Willard Payne Council Member	y
Beverly Hall Council Member	y
Ken Maynard Council Member	y
Karyl Rice Council Member	y
Jim Phillips Council Member	y

 

Therefore, Ken Maynard, a member, moved, and Jim Phillips, a member, seconded the motion that said Ordinance be approved as read.

APPROVED THIS 15th DAY OF FEBRUARY, 1988.

	/s/  Bobby Hayes       Mayor

SEAL

ATTEST

/s/  Dee Dee Heslop       City Clerk