Title 45

Any city which adopts the mayor-council form of government shall continue its existence as a body corporate under the name of “City of ..........” (inserting the name of such city). The word city, as hereinafter used, shall mean and refer to any city which has adopted the mayor-c…

The municipal government of any such city proceeding under this part shall be known as the mayor-council form of government. Pursuant to the provisions and limitations of this part and subject to the limitations imposed by the Constitution of Alabama of 1901 and its laws, all pow…

The city shall have all the powers granted to municipal corporations and to cities by the constitution and laws of this state together with all the implied powers necessary to carry into execution all the powers granted. The city may acquire property within or without its corpora…

The council shall consist of nine members who shall be known as district councilmen. Subsequent to the election of the first council, all elections of councilmen shall be held at the same times and in the same manner as provided by law in respect to municipal elections in cities …

(a) Any person desiring to become a candidate at any election for the offices of councilperson may become a candidate by filing in the office of the judge of probate of the county in which the city is situated, a statement in writing of his or her candidacy, accompanied by an aff…

Every person who shall be elected or appointed to the office of member of the council, on or before the second Tuesday of November following his or her election or before the Tuesday following the date of his or her appointment, shall qualify by making oath that he or she is elig…

Councilmen shall be qualified electors of the city, and shall have been residents of the district which they represent for at least six months prior to their election, and shall reside in the district during their terms of office and shall hold no other public office except that …

Commencing with the 1995 term, the council shall receive such salary as the council, by resolution or by ordinance, may prescribe. Such salary and the manner in which it is to be paid, shall be established by the council. In no event shall the council set the annual salary of the…

The council shall elect an officer of the city who shall have the title of president of the council and shall preside at meetings of the council. The council shall also elect a president pro tem, who shall act as president of the council during the absence or disability of the pr…

All powers of the city, including all powers vested in it by this part, by the laws, general and local, of the state, and by Title 62 of the Code of Alabama of 1940, as amended, and the determination of all matters of policy, shall be vested in the council. Without limitation of …

The council shall approve or disapprove the appointment of every department head or assistant department head within 14 calendar days after such appointment has been sent to the council for its approval or disapproval, or the appointments shall be in effect. (Acts 1973, No. 618, …

(a) A vacancy in the city council other than those occurring less than four months prior to the date of the next regular council election shall be filled by special elections to be held for that purpose. The date of the election shall be set by the city council at the next regula…

The council by ordinance may create, change, and abolish offices, departments, or agencies, other than the offices, departments, and agencies established by this part. The council by ordinance may assign additional functions or duties to offices, departments, or agencies establis…

If the city clerk of any city which adopts the mayor-council form of government holds office subject to any civil service or merit system, such clerk shall continue to be the city clerk under the mayor-council form of government of such city, and his or her successor shall be sel…

The first meeting of each newly elected council for induction into office, shall be held at 10 o’clock in the morning on the second Tuesday in November next following its election, after which the council shall meet regularly at such times as may be prescribed by its rules. All m…

The council shall be the judge of the election and qualifications of its members and for such purpose shall have power to subpoena witnesses and require the production of records, but the decision of the council in any such case shall be subject to review by the courts. (Acts 197…

The council shall determine its own rules and order of business. It shall keep a journal of its proceedings and the journal shall be open to public inspection. (Acts 1973, No. 618, p. 879, § 3.14.)

The council shall hold regular public meetings at least twice per month, one meeting to be held between the first and fifteenth day of the month and one meeting to be held between the sixteenth and the last day of the month, at a regular hour to be fixed by the order of the counc…

No resolution or ordinance, granting to any person, firm, or corporation any franchise, lease, or right to use the streets, public highways, thoroughfares, or public ways of any city organized under this part, either in, under, along, through, or over same shall take effect and b…

The council may provide at any time it may deem proper, for the revision and codification of its ordinances, bylaws, and permanent resolution, or for the adoption of a code or codes by ordinance. Such code or codes and the revisions or amendments thereof may relate to the whole s…

The council shall each month print in pamphlet form a detailed statement of all receipts and expenses of the city, and a summary of its proceedings during the preceding month, and furnish printed copies thereof to the daily newspapers of the city and to persons who apply therefor…

The first mayor shall be elected at the same election at which the council-men are elected under Section 45-51A-33.06 and shall hold office until the second Tuesday in November of that year ending in an odd number which would give him or her a term of office most closely approxim…

(a) Any person desiring to become a candidate at any election for the office of mayor may become a candidate by filing in the office of the judge of probate of the county in which the city is situated, a statement in writing of his or her candidacy, accompanied by a petition sign…

The mayor shall be a qualified elector of the city, and shall hold no other public office. (Acts 1973, No. 618, p. 879, § 4.03.)

Commencing with the 1995 term, the mayor shall receive such salary as the council, by resolution or ordinance, may prescribe. Such salary and the manner in which it is to be paid, shall be established by the council. In no event shall the council set the annual salary of the mayo…

(a) Whenever a vacancy in the office of the mayor shall occur by reason of death, resignation, removal, or any other cause, the president of the council shall assume the duties of the office of mayor effective on the date such vacancy occurs and shall serve as acting mayor until …

The mayor shall be the head of the administrative branch of the city government. He or she shall not sit with the council nor shall he or she have a vote in its proceedings and he or she shall have the power and duties herein conferred. The mayor shall be responsible for the prop…

There shall be a department of finance, and such other departments as may be established by ordinance upon the recommendation of the mayor. (Acts 1973, No. 618, p. 879, § 4.07.)

At the head of each department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to the mayor. Two or more departments may be headed by the same individual, the mayor may head one or more departments, a…

The work of each department may be distributed among such divisions thereof as may be established by ordinance upon the recommendation of the mayor. Pending the passage of an ordinance or ordinances distributing the work of departments under the supervision and control of the may…

In any Class 3 municipality organized under Part 4 in the case of any overgrown grass or weeds which may be abated pursuant to Article 4, commencing with Section 11-67-60, Chapter 67, of Title 11, the city council may adopt procedures different from the procedures provided in Art…

In honor and recognition of the significant contributions and achievements of Mr. E.D. Nixon to the Civil Rights Movement, Clinton Street in the City of Montgomery, Alabama, is hereby renamed E.D. Nixon Avenue. (Act 2003-147, p. 452, § 1.)

In honor and recognition of the significant contributions and achievements of Odessa Redden to the Civil Rights Movement, Bragg Street in the City of Montgomery, Alabama, is hereby renamed Odessa Redden Avenue. (Act 2003-148, p. 452, § 1.)

In honor and recognition of the significant contributions and achievements of Johnnie R. Carr to the Civil Rights Movement, Hall Street in the City of Montgomery, Alabama, is hereby renamed Johnnie R. Carr Boulevard. (Act 2003-159, p. 464, § 1.)

(a) In honor and recognition of the significant contributions and achievements of Martin Luther King, Jr. to the Civil Rights Movement, that portion of the existing Jackson Street in the City of Montgomery, Alabama, located south of Adams Avenue is hereby renamed Martin Luther Ki…

(a) This subpart shall be known and may be cited as the Montgomery Red Light Safety Act. (b) The City of Montgomery, Alabama, by ordinance, heretofore or hereafter enacted, may adopt the procedures set out in this subpart. (Act 2009-740, p. 2208, § 1.)

The Legislature finds and declares the following: (1) Accident data establishes that vehicles running red lights have been and are a dangerous problem in Montgomery, Alabama. (2) Studies have found that automated traffic camera enforcement in a municipal area is a highly accurate…

As used in this subpart, the following terms shall have the following meanings: (1) CITY. The City of Montgomery, Alabama. (2) CIVIL FINE. The monetary amount assessed by the City of Montgomery pursuant to this subpart for an adjudication of civil liability for a traffic signal v…

(a) The City of Montgomery is empowered to utilize an automated photographic traffic signal enforcement system to detect and record traffic signal violations, to issue notices of civil violations by mail, and to prosecute civil violations for the recorded traffic signal violation…

(a) Prior to imposing a civil penalty under this subpart, the City of Montgomery shall first mail a notice of violation by certified United States mail, return receipt requested, to the owner of the motor vehicle which is recorded by the photographic traffic signal enforcement sy…

(a) The Montgomery Municipal Court is vested with the power and jurisdiction to hear and adjudicate the civil violations provided for in this subpart, and to issue orders imposing the civil fines and costs set out in this subpart. (b) A person who receives a notice of violation m…

(a) Following an adjudicative hearing, the municipal court judge shall issue an order stating: (1) Whether the person charged with the civil violation is liable for the violation; and, if so. (2) The amount of the civil fine assessed against the person, along with the fees and co…

(a) The circuit court hearing an appeal shall use the procedures that apply to criminal convictions in municipal court with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidenc…

In the event the evidence produced by a photographic traffic signal enforcement system does not produce an image of the license plate with sufficient clarity for a trained technician to determine the identity of the owner, and if the identity cannot otherwise be reliably establis…

The city may provide by ordinance that a late fee not exceeding twenty-five dollars ($25) shall attach to untimely paid civil fines that are authorized in this subpart. No person may be arrested or incarcerated for nonpayment of a civil fine or late fee. No record of an adjudicat…

The city, by Ordinance 10-2007, hereby validated ab initio, adopted the procedures authorized by this subpart, and shall keep statistical data regarding the effectiveness of photographic traffic signal enforcement systems in reducing traffic-control device violations and intersec…