CODE OF ORDINANCES CITY OF TUSCUMBIA, ALABAMA  


Latest version.
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    GENERAL ORDINANCES OF THE CITY

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    Adopted, July 20, 1982
    Effective, July 29, 1982

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    Published in 1982 by Order of the Board of Commissioners

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    OFFICIALS

    of the

    CITY OF TUSCUMBIA, ALABAMA

    AT THE TIME OF THIS CODIFICATION

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    W. H. Bendall

    Chairman

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    David P. Thompson

    Carolyn G. Regan

    Commissioners

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    Hughston, Hughston and Hughston

    City Attorney

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    Flora Hanback

    City Clerk

    PREFACE

    This Code is a codification of the ordinances of the City of Tuscumbia, Alabama, of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

    The chapters of the Code have been arranged in alphabetical order and the sections within each chapter have been catchlined 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 location within the Code is included at the back of this volume. The source of each section is indicated by 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 Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

    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 referring to the chapter number and the figure after the dash referring to 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 16 is 16-10. 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 place 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 in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. 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.

    Index

    The general index of the Code 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 appropriate 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. Each such amendment, when incorporated into this Code, may be cited as a part hereof, as provided in section 4 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 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.

    Acknowledgements

    The publication of this Code was under direct supervision of George R. Langford, President, and Mr. B. Meade White, of the editor's staff, 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 the City Clerk and the City Attorney for their cooperation and untiring efforts during the preparation of the editorial work on this Code.

    July 20, 1982.

    MUNICIPAL CODE CORPORATION
    Tallahassee, Florida

    ADOPTING ORDINANCE
    ORDINANCE NO. A-28

    Whereas, on the 15 Day of June, 1982, at a Regular Meeting of the Board of Commissioners of the City of Tuscumbia, Alabama, the Following Resolution was Adopted:

    "Be It Resolved by the Board of Commissioners of the City of Tuscumbia, Alabama, as Follows:

    1.

    That the Board of Commissioners of the City of Tuscumbia proposes to consider the adoption of a new revision and codification of its ordinances and the adoption of such Code by ordinance, as provided by Code of Alabama 1975, and to adopt by reference as a part of such Code the following technical codes: Alabama misdemeanor "violation" and offenses laws, and the Alabama traffic laws. The Board of Commissioners will hold a public hearing thereon at the regular meeting of the Board of Commissioners to be held in the Commission Room in the City Hall in Tuscumbia, Alabama, on the 20th day of July, 1982, at 5:30 P.M. Said code shall be known as the 'Code of Ordinances, City of Tuscumbia, Alabama.'

    2.

    This resolution shall be published once a week for two (2) successive weeks in the Tuscumbia, a newspaper of general circulation in the City of Tuscumbia, Alabama, as provided by Code of Alabama 1975, as amended, the first of which publications shall be made on or before the 1st day of July, 1982. A copy of this resolution and of said publications shall be carefully preserved by the City Clerk in his office as part of the public records of his office.

    3.

    Three (3) copies of said proposed Code of Ordinances, City of Tuscumbia, Alabama, and of each of said technical codes adopted in such Code shall be filed in the office of the City Clerk by the 1st day of July, 1982, for use and examination by the public from that date through the 20th day of July, 1982, as provided by Code of Alabama 1975, as amended.

    ADOPTED this 15th day of June, 1982.

    APPROVED this 15th day of June, 1982.

    /s/  W. H. Bendall
    Chairman

    ATTEST:

    /s/  Flora Hanback
    City Clerk"

    and

    Whereas, the Board of Commissioners of Tuscumbia, Alabama, Now Finds That Said Resolution Has Been Complied With;

    Now, Therefore, Be It Ordained by the Board of Commissioners of the City of Tuscumbia, Alabama, as Follows:

    Section 1. That the Code of Ordinances, consisting of Chapter 1 to 16, each inclusive, together with the codes, rules and regulations mentioned in said resolution, is hereby adopted and enacted as the "Code of Ordinances, City of Tuscumbia, Alabama." 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 Board of Commissioners on or before December 15, 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 29th day of July, 1982, and all ordinances of a general and permanent nature enacted on or before the date specified in Section 1, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this Code. No resolution of the City, not specifically mentioned, is hereby repealed.

    Section 3. 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 a "violation," 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 less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or as otherwise limited by state law, 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 1-8 of such Code.

    Section 4. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the Board of Commissioners to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the Code of Ordinances, City of Tuscumbia, Alabama, shall be understood and intended to include such additions and amendments.

    Section 5. 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 3 of this ordinance and Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains a penalty, other than the aforementioned general penalty, it shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

    Section 6. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form or in such other form as the Board of Commissioners 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 Board of Commissioners 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 Board of Commissioners. A copy of such Code shall be available for all persons desiring to examine the same.

    Section 7. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portion 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 Tuscumbia to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 3 of this ordinance.

    Section 8. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

    Section 9. This ordinance shall become in full force and effect in accordance with law.

    Section 10. This ordinance shall take effect as provided by law after passage, approval and publication.

    ADOPTED this 20th day of July, 1982.

    APPROVED this 20th day of July, 1982.

    /s/  W. H. Bendall
    Chairman

    ATTEST:

    /s/  Flora Hanback
    City Clerk