0 chapters · 2,499 sections in this title.
Ala. Code § 11-40-1 Municipalities Declared Bodies Politic and Corporate; Seal Generally;
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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 o…
Ala. Code § 11-40-10 Police Jurisdiction; Force and Effect of Ordinances; Jurisdiction on
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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 muni…
Ala. Code § 11-40-10.1 Contracts for Certain Law Enforcement Services of Class 6 Municipality
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(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 m…
Ala. Code § 11-40-10.2 Rehiring of Certain Law Enforcement Officers Retired from State or
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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 al…
Ala. Code § 11-40-100 Completion of Training Courses Required; Subject Matter; Exemptions
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(a) Beginning January 1, 2025, each individual elected to serve as mayor or as a member of the governing body of any municipality shall enroll in, participate in, and satisfactorily complete, during each year of his or her first elected term that commences after January 1, 2025, …
Ala. Code § 11-40-101 Continuing Education Requirements
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Beginning January 1, 2025, each individual elected or appointed to serve as mayor or as a member of the governing body of any municipality who has already completed the training required by Section 11-40-100 shall enroll in, participate in, and satisfactorily complete, annually, …
Ala. Code § 11-40-102 Development of Training Courses
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Any training provided pursuant to this article shall be developed in consultation with the Alabama Ethics Commission, the Attorney General’s Office, and the Department of Examiners of Public Accounts. History: (Act 2024-194, §3.)
Ala. Code § 11-40-103 Payment of Expenses; Applicability of Article
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(a) All expenses incurred by an individual related to any training required by this article, including, but not limited to, the cost of the training and the reasonable costs of lodging, travel, and meals, shall be paid from the general fund of the municipality. (b) This article s…
Ala. Code § 11-40-11 When Change in Form of Government Takes Effect
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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 t…
Ala. Code § 11-40-12 Classification of Municipalities
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(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 inhabitant…
Ala. Code § 11-40-13 Notice Required for Enactment of General Law Applying to Single
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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 sp…
Ala. Code § 11-40-14 Expense Allowances for Members of Governing Body of Class 1
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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 dece…
Ala. Code § 11-40-15 Exemption of Incorporated Municipalities and Municipal Boards from
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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. History: (Acts 1982, No.…
Ala. Code § 11-40-16 Creation of Enterprise Zones Within Class 1 Cities; Purpose
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(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 economical…
Ala. Code § 11-40-17 Minimum Monthly Retirement and Survivor’s Benefits in Class 1
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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…
Ala. Code § 11-40-17.1 Class 1 Municipalities Authorized to Grant Pension Benefit Increases to
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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 th…
Ala. Code § 11-40-17.2 Inclusion of Longevity Component in Monthly Salary Used to Calculate
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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 …
Ala. Code § 11-40-17.3 Retroactive Deferred Retirement Option Plan
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(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 partic…
Ala. Code § 11-40-18 Minimum Benefits Under Certain Policemen’s and Firemen’s Pension
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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 o…
Ala. Code § 11-40-18.1 Minimum Benefits Under Certain Policemen’s and Firemen’s Pension
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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 …
Ala. Code § 11-40-18.2 Liability and Indemnification Under Firemen’s and Policemen’s
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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 munic…
Ala. Code § 11-40-19 Operation of Hotel and Related Facilities by Class 1 Municipalities and
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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 oper…
Ala. Code § 11-40-2 Seal
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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 pr…
Ala. Code § 11-40-20 Operation of Hotel and Related Facilities by Class 1 Municipalities and
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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 pri…
Ala. Code § 11-40-21 Number of Members on Municipal Boards, Committees, Etc., in Class 3
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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 mu…
Ala. Code § 11-40-22 Mayor Authorized to Award Municipal Employees for Exemplary
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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 employe…
Ala. Code § 11-40-23 License Tax for Collecting, Etc., Waste Grease and Animal By-Products
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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…
Ala. Code § 11-40-24 Employees of Separately Incorporated Public Corporation Not Deemed
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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 mu…
Ala. Code § 11-40-25 Municipal Officers Removed by Operation of Law
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(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 municipa…
Ala. Code § 11-40-26 Limitation on a Municipality’s General Operating Budget That May Be
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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 …
Ala. Code § 11-40-3 Acquisition of Rights, Power, and Authority Granted
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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. History: (Code 1907, §1049;…
Ala. Code § 11-40-3.1 Incorporation and Actions of Certain Municipalities Ratified, Validated,
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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 …
Ala. Code § 11-40-30 Demolition of Unsafe Structures
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Any incorporated municipality of the state may, after notice as provided herein, move or demolish buildings and structures, or parts of buildings and structures, party walls, and foundations when found by the governing body of the municipality to be unsafe to the extent of being …
Ala. Code § 11-40-31 Notice from Appropriate Municipal Officer of Unsafe Condition
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The term “appropriate municipal official” as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the…
Ala. Code § 11-40-32 Hearing; Appeal
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(a) Within the time specified in the notice, but not more than 30 days from the date the notice is given, any person, firm, or corporation having an interest in the building or structure may file a written request for a hearing before the governing body of the municipality, toget…
Ala. Code § 11-40-33 Costs of Demolition
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Upon demolition of the building or structure, the appropriate municipal official shall make a report to the governing body of the cost thereof, and the governing body shall adopt a resolution fixing the costs which it finds were reasonably incurred in the demolition and assessing…
Ala. Code § 11-40-34 Assessment of Costs
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The municipality may assess the costs authorized herein against any lot or lots, parcel or parcels of land purchased by the State of Alabama at any sale for the nonpayment of taxes, and where the assessment is made against the lot or lots, parcel or parcels of land, a subsequent …
Ala. Code § 11-40-35 Payment of Assessments
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Payment of the assessment shall be made in the manner and as provided for the payment of municipal improvement assessments in Section 11-48-48, as the same has heretofore or may hereafter be amended. Any Class 2 municipality may use the provisions of Section 11-48-48.1 as the sam…
Ala. Code § 11-40-36 Article Cumulative
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This article is cumulative in nature and is in addition to any power and authority which any municipality may have under any other law. History: (Acts 1989, No. 89-376, § 7; Act 99-702, 2nd Sp. Sess., p. 216, § 1.)
Ala. Code § 11-40-4 Property Rights, Rights of Action, Etc., Preserved and Enforced
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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 …
Ala. Code § 11-40-5 Corporate Limits Not Altered or Affected by Adoption of Code
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The corporate limits of any city or town shall not be altered or affected by the adoption of this Code. History: (Code 1907, §1051; Code 1923, §1742; Code 1940, T. 37, §4.)
Ala. Code § 11-40-50 Meaning of “Appropriate City Official.”
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Repealed by Act 2017-304, §11, effective May 16, 2017. History: (Acts 1992, No. 92-471, p. 939, §1.)
Ala. Code § 11-40-51 Authority of City to Prescribe Standards for Continued Use and
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Occupancy of Buildings. Repealed by Act 2017-304, §11, effective May 16, 2017. History: (Acts 1992, No. 92-471, p. 939, §2.)
Ala. Code § 11-40-52 Administrative Review; Petition; Hearing
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Repealed by Act 2017-304, §11, effective May 16, 2017. History: (Acts 1992, No. 92-471, p. 939, §3.)
Ala. Code § 11-40-53 Appeal from Order of Administrative Review Body to Circuit Court
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Repealed by Act 2017-304, §11, effective May 16, 2017. History: (Acts 1992, No. 92-471, p. 939, §4.)
Ala. Code § 11-40-54 Failure of Owner to Comply with Notice of Non-conformity, Certificate of
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Modified Approval, Etc.; Civil Penalties; Collection and Enforcement of Penalties. Repealed by Act 2017-304, §11, effective May 16, 2017. History: (Acts 1992, No. 92-471, p. 939, §5.)
Ala. Code § 11-40-6 Municipal Corporations Classified as Cities or Towns; Holding of
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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 tow…
Ala. Code § 11-40-60 Applicability to Class 2 Municipalities
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This article applies only to Class 2 municipalities. History: (Act 2017-304, §1.)
Ala. Code § 11-40-61 Adoption of Article; Exception
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(a) The provisions of this article shall apply in any Class 2 municipality that adopts the provisions of this article to be applicable to the collection of municipal code liens as to real property, other than owner occupied property, in the municipality. (b) The provisions of thi…
Ala. Code § 11-40-62 Definitions. (Amended by Act 2026-407) [Effective until October 1,
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2026.] AMENDED BY ACT 2026-407, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. As used in this article, the following words and phrases have the following meanings: (1) INTERESTED PARTY. a. Includes the following parties: 1. The person who last appears as owner of the r…