THE CODE OF THE CITY OF ANNISTON, ALABAMA

____________

The General Ordinances of the City

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Adopted December 14, 1982
Effective February 1, 1983

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Original Codification by

Michie City Publications Company

Charlottsville, Virginia

1981

Republished by

OFFICIALS

of the

CITY OF ANNISTON, ALABAMA

William A. Robison

Mayor

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Chester Weeks, Jr., Ward 3

Vice-Mayor

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Jerre Ford, Ward 1

Walter L. Young, Ward 2

Sam Stewart, Ward 4

Council Members

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Thomas N. Wright

City Manager

PREFACE

This Code is a republication of the 1981 recodification, by Michie City Publishing Company, of ordinances and laws of the City of Anniston, Alabama of a general and permanent nature.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. 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 Code. By use of the Comparative Tables appearing in the back of the volume, the reader can locate all laws and ordinances included herein. Appropriate footnotes which tie related sections of the Code together and which refer to relevant state laws have been included.

Numbering System

Each section number in this Code consists of two component parts separated by a decimal point, the figure before the decimal point, representing the chapter number and the figure after the decimal point, 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 17 is 17.10. 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 4.4 and 4.5 is desired to be added, such new sections would be numbered 4.4.1, 4.4.2 and 4.4.3, respectively. New chapters may be included by the addition of a fractional number after the chapter number. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12 1/2. 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.

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 municipal 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 removing the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, a 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 removed pages be saved and filed for historical reference purposes.

Acknowledgments

The republication of this Code was under the direct supervision of George R. Langford, President, Robert L. Laslie, Vice-President-Supplements and Diane Johnson, Editor-Supplements, 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.

This Code is presented for the use and benefit of the citizens of the City of Anniston.

ORDINANCE NUMBER 83-O-1

An Ordinance Adopting and Enacting a New Code of the City of Anniston, Alabama, Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; Except as Herein Expressly Provided; Providing for the Effective Date of Such Code and Penalty for the Violation Thereof; and Providing for the Manner of Amending Such Code; and Providing when this Ordinance Shall Become Effective.

WHEREAS, on the 14th day of December, 1982, at a regular meeting of the City Council of the City of Anniston, Alabama, the following Resolution was adopted:

"BE IT RESOLVED by the City Council of the City of Anniston, Alabama, as follows:

Section 1. That the City Council of the City of Anniston, Alabama, proposes to consider the adoption of a new revision and codification of its ordinances in the adoption of such code by ordinances, as provided by Code of Alabama, 1975, and to adopt by reference as a part of such code the following technical codes; Standard Building Code, 1979 Edition, with 1980 and 1981 revisions; National Electrical Code, 1981 Edition; City of Anniston, Alabama, Electrical Code, 1981 Edition; Standard Fire Prevention Code, 1979 Edition, with 1980 and 1981 revisions; Standard Housing Code, 1979 Edition, with 1980 and 1981 revisions; Standard Plumbing Code, 1979 Edition, with 1980 and 1981 revisions; Standard Gas Code, 1979 Edition, with 1980 and 1981 revisions; Alabama Misdemeanor Laws and State Right of Way Standards. The Council shall hold a public hearing thereon at the regular meeting of the City Council of the City of Anniston, Alabama, to be held in the Council Chambers in the City Hall in Anniston, Alabama, on the 11th day of January, 1983, at 7:00 p.m. Central Standard Time. Said code shall be known as "The Code of the City of Anniston, Alabama, 1981."

Section 2. The City Council does hereby order that not less than three copies of the proposed "Code of the City of Anniston, Alabama, 1981," together with not less than three copies of each technical code referred to in Section 1 hereof, complete with revisions, be filed in the Office of the City Clerk, for use and examination by the public from that date through the 11th day of January, 1983, for not less than fifteen days prior to the date of the public hearing referred to in Section 1 herof.

Section 3. This resolution shall be published once a week for two successive weeks in The Anniston Star, a newspaper of general circulation of the City of Anniston, Alabama, the first of which publications shall be made on or before the 20th day of December, 1982.

PASSED AND ADOPTED this the 14th day of December, 1982.

CITY COUNCIL OF THE
CITY OF ANNISTON, ALABAMA

BY: /s/ _____
Gertrude R. Williams, Mayor

BY: /s/ _____
Pink Junior Wood, Councilman

BY: /s/ _____
Charles A. Daugherty, Councilman

BY: /s/ _____
William A. Robison, Councilman

BY: /s/ _____
O. Clayton Dobbins, Councilman

ATTEST:

/s/ _____
Mary Owen Brisky, City Clerk"

WHEREAS, the City Council of the City of Anniston, Alabama, now finds that the mandates of said Resolution have been complied with; and

WHEREAS, this is the time and place heretofore fixed by said Resolution for this public hearing or meeting after all the provisions of said resolution have been complied with; and

WHEREAS, this ordinance has been duly considered by the City Council of the City of Anniston, Alabama, after giving all persons at this meeting an opportunity of being heard in opposition to or in favor of this ordinance.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Anniston, Alabama, as follows:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 33, each inclusive, together with the codes, rules and regulations mentioned in said resolution, is hereby adopted and enacted as "The Code of the City of Anniston, Alabama, 1981." Such Code shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before October 31, 1981, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 1st day of February, 1983, and all ordinances of a general and permanent nature enacted on or before the date specified in Section 1 above, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date hereof, the 1st day of February, 1983, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect any of the following:

(a)

Any offense or act committed or done or any forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(b)

Any prosecution, suit, action or proceeding or any judgment rendered before the effective date of this Code, or any ordinance or resolution upon which same is based;

(c)

Any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(d)

Any contract or obligation assumed by the City;

(e)

Any administrative ordinances and resolutions of the city not in conflict or inconsistent with the provisions of said Code;

(f)

Any ordinance or resolution relating to the salaries of the officers or employees of the City;

(g)

Any right or franchise conferred by any ordinance or resolution of the City in any person, firm, corporation or other legal entity;

(h)

Any ordinance approving the incorporation of any public corporation or authority;

(i)

Any ordinance or resolution relating to the assessment and collection of ad valorem taxes for the City by the Tax Assessor and Tax Collector, respectively, of Calhoun County, Alabama, or relating to the collection of taxes for the City by the Department of Revenue of the State of Alabama, or relating to authorizing contracts or conveyances;

(j)

Any appropriation ordinance or resolution;

(k)

Any ordinance or resolution not inconsistent with the terms and provisions of Chapter 6 (Buildings), Chapter 9 (Electricity), Chapter 13 (Housing) and Chapter 23 (Plumbing and Gas);

(l)

Any ordinance or resolution prescribing zoning or subdivision regulations, or zoning particular property;

(m)

Any ordinance dedicating or accepting any subdivision plat;

(n)

Any ordinance or resolution not in conflict with such Code regulating traffic on specific streets or portions thereof or in specific areas of the City;

(o)

Any ordinance or resolution annexing territory to the City or renaming, opening, accepting or vacating streets or alleys in the City;

(p)

Any ordinance or resolution which has fulfilled its function or which has accomplished the purpose for which it was adopted;

(q)

Any ordinance or resolution which is temporary, although general in effect, or special, although permanent in effect;

(r)

Any ordinance or resolution adopted subsequent to October 31, 1981.

Section 4. That whenever in this Ordinance or such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this Ordinance or such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision shall be punishable by a fine of not more than five hundred dollars ($500.00); and in addition, may be punishable by imprisonment or hard labor for the City, or a combination thereof, for a period not exceeding six (6) months, as is provided by Section 1.14 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to The Code of the City of Anniston, Alabama, 1981, shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance and Section 1.14 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form as the City Council may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by the Clerk to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time, repealed by the City Council. A copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portions of the Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Anniston to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this Ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. Mary Owen Brisky, City Clerk of the City of Anniston, Alabama, is hereby ordered, directed and empowered to cause a copy of this ordinance to be published one time in the Anniston Star, a newspaper of general circulation in Calhoun County, Alabama.

CITY COUNCIL OF THE
CITY OF ANNISTON, ALABAMA

BY: /s/ _____
Gertrude R. Williams, Mayor

BY: /s/ _____
Pink Junior Wood, Councilman

BY: /s/ _____
Charles A. Daugherty, Councilman

BY: /s/ _____
William A. Robison, Councilman

BY: /s/ _____
O. Clayton Dobbins, Councilman

ATTEST:

/s/ _____
Mary Owen Brisky, City Clerk"