SB 295

Session
Regular Session 2018
Title
Madison Co., noise ordinances outside municipality, co. commission authorized to enact criminal penalties
Description

This bill would propose a local amendment to the Constitution of Alabama of 1901, relating to Madison County and the areas outside of the corporate limits of any municipality, to authorize the Madison County Commission to adopt and enforce ordinances or resolutions to limit and restrict noise levels and public nuisances caused by excessive noise levels, and would authorize criminal penalties

Proposing an amendment to the Constitution of Alabama of 1901, relating only to the areas of Madison County outside of the corporate limits of any municipality, to authorize the Madison County Commission to adopt and enforce ordinances or resolutions to limit and restrict noise levels and public nuisances caused by excessive noise levels; and to authorize criminal penalties for violations.

Subjects
Constitutional Amendments
View Original PDF: SB 295 - Introduced - PDF

This bill would propose a local amendment to the Constitution of Alabama of 1901, relating to Madison County and the areas outside of the corporate limits of any municipality, to authorize the Madison County Commission to adopt and enforce ordinances or resolutions to limit and restrict noise levels and public nuisances caused by excessive noise levels, and would authorize criminal penalties

Proposing an amendment to the Constitution of Alabama of 1901, relating only to the areas of Madison County outside of the corporate limits of any municipality, to authorize the Madison County Commission to adopt and enforce ordinances or resolutions to limit and restrict noise levels and public nuisances caused by excessive noise levels; and to authorize criminal penalties for violations.

Section 1

The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled: PROPOSED AMENDMENT (a) This amendment shall apply only to portions of Madison County outside the corporate limits of any municipality. (b) The purpose of this amendment is to protect and to provide for the health, safety, and welfare of the citizens of Madison County, and to promote commerce, property enjoyment, quality of life, and quality of the environment by authorizing the Madison County Commission to adopt, amend, and enforce ordinances or resolutions to limit noise levels and to regulate public nuisances caused by noise levels in order to minimize the exposure of its citizens to the physiological and psychological dangers of excess noise. (c) The Madison County Commission may adopt and amend ordinances or resolutions applicable in the unincorporated areas of Madison County to prohibit excessive noise; to regulate, limit, and control noise levels; to control public nuisances caused by excessive noise levels; and to provide criminal penalties for violations. These ordinances and resolutions shall be enforceable in any court of competent jurisdiction within the county. Notwithstanding the foregoing, no ordinance or resolution may be adopted to restrict noise produced in the ordinary course of business by industrial manufacturing, or farming facilities or activities. (d) The Madison County Commission may provide criminal penalties for violation of the ordinance or resolution adopted pursuant to this amendment not to exceed the penalties for a Class C misdemeanor.

Section 2

An election upon the proposed amendment shall be held in accordance with Sections 284 and 284.01 of the Constitution of Alabama of 1901, now appearing as Sections 284 and 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3

The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

Relating to Madison County and the areas outside the corporate limits of any municipality, proposing an amendment to the Constitution of Alabama of 1901, to authorize the county commission to adopt ordinances or resolutions to prohibit excess noise, to regulate, limit, and control excess noise levels, and to control public nuisance caused by excess noise levels in the unincorporated areas of Madison County and to authorize penalties not to exceed the penalties for a Class C misdemeanor."

Proposed by Act ________." This description shall be followed by the following language:

Yes ( ) No ( )."

No articles found.
Action Date Chamber Action
March 6, 2018SAssigned Act No. 2018-167.
March 6, 2018HSignature Requested
March 6, 2018SEnrolled
March 6, 2018SPassed Second House
March 1, 2018HWilliams (P) motion to Local Application adopted Roll Call 545
March 1, 2018HMotion to Read a Third Time and Pass adopted Roll Call 544
March 1, 2018HThird Reading Passed
February 27, 2018HRead for the second time and placed on the calendar
February 22, 2018HRead for the first time and referred to the House of Representatives committee on Madison County Legislation
February 22, 2018SHoltzclaw motion to Adopt Local Application Resolution adopted Roll Call 472
February 22, 2018SMotion to Read a Third Time and Pass adopted Roll Call 471
February 22, 2018SThird Reading Passed
February 20, 2018SRead for the second time and placed on the calendar
February 8, 2018SRead for the first time and referred to the Senate committee on Local Legislation, Madison County
2018-03-01
Chamber: House
Result: Failed
2018-03-01
Chamber: House
Result: Passed
2018-02-22
Chamber: Senate
Result: Passed
2018-02-22
Chamber: Senate
Result: Passed