CODE OF ORDINANCES CITY OF DAPHNE, ALABAMA

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Published in 1997 by Order of the City Council

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Adopted: December 7, 2015
Effective: December 7, 2015

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CURRENT OFFICIALS

of the

CITY OF

DAPHNE, ALABAMA

September 2017

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Dane Haygood

Mayor

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Tommie Conaway, District 1

Pat Rudicell, District 2

Joel Coleman, District 3

Doug Goodlin, District 4
Ron Scott, District 5
Robin LeJeune, District 6
Joe Davis, District 7

City Council

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Jay M. Ross

City Attorney

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Candace G. Antinarella

City Clerk

OFFICIALS

of the

CITY OF

DAPHNE, ALABAMA

AT THE TIME OF THIS REPUBLICATION

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Fred Small

Mayor

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Bailey Yelding, Jr., District 1
Cathy Barnette, District 2
John L. Lake, District 3
Greg W. Burnam, District 4
Ron Scott, District 5
Regina Landry, District 6
August A. Palumbo, District 7

City Council

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Jay M. Ross

City Attorney

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David L. Cohen, MMC

City Clerk

PREFACE

This Code constitutes a complete codification of the general and permanent ordinances of the City of Daphne, Alabama.

Source materials used in the preparation of the Code were the ordinances adopted by the city council. 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 this Code, the reader can locate any section of any ordinance included herein.

This 2005 republication includes all amendatory legislation through Ord. No. 2005-25, adopted May 17, 2005, and was accomplished under the supervision of Diana Ossi, Editor.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law 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 Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. 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 by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. 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 shall be assigned to the new 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 which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government 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 the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation 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 publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. 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 publisher 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.

Acknowledgments

This publication was under the direct supervision of Roger Merriam, Supervising Editor, 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 publisher is most grateful to Mr. David L. Cohen, City Clerk, and Mr. Jay M. Ross, City Attorney, for their cooperation and assistance during the progress of the work on this republication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ORDINANCE NO. 1996-15

An ordinance adopting and enacting a new code for the City of Daphne, Alabama providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such Code; and providing when such Code and this ordinance shall become effective.

BE IT ORDAINED BY THE CITY COUNCIL OF DAPHNE, ALABAMA:

Section 1: ;hg;The Code entitled "Code of Ordinance, City of Daphne, Alabama" published by Municipal Code Corporation consisting of Chapters 1 through 20, each inclusive, is adopted; as public notice of adoption is provided in Resolution No. 1996-23 adopted the eighteenth day of March, 1996, as required by Code of Alabama Section 11-45-8(c) for the adoption of codes in book form.

Section 2: ;hg;All ordinances of a general and permanent nature enacted on or before August 16, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3: ;hg;The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4: ;hg;Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) and imprisonment for not more than six (6) months, or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as amendment of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5: ;hg;Additions or amendments to the Code when passed in form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6: ;hg;Ordinances adopted after August 16, 1993 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7: ;hg;Severability Clause—The provisions of this ordinance and the Daphne Code of Ordinances adopted hereby are severable. In the event that any of the provisions hereof, or of the Daphne Code of Ordinances are declared invalid by a court of competent jurisdiction, then the remaining portions shall remain in full force and effect notwithstanding such invalidity.

Section 8: ;hg;This ordinance shall become effective upon publication of such notice April 24, 1996.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, THIS 15th day of April, 1996.

	/s/ E. Harry Brown, Mayor E. Harry Brown, Mayor

ATTEST:

/s/ Ruth P. Martin, City Clerk Ruth P. Martin, City Clerk

STATE OF ALABAMA	)
COUNTY OF BALDWIN	)

 

I, Ruth P. Martin, hereby certify the foregoing to be a true copy of the ordinance passed at the regular meeting of the City Council of the City of Daphne, Alabama, held on the 15th day of April, 1996.

	/s/ Ruth P. Martin, City Clerk Ruth P. Martin, City Clerk

ORDINANCE NO. 1998-04

An ordinance adopting and enacting the 1997 Supplement Code for the City of Daphne, Alabama providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such Code; and providing when such Code and this ordinance shall become effective.

BE IT ORDAINED BY THE CITY COUNCIL OF DAPHNE, ALABAMA:

Section 1: ;hg;The Code entitled "Code of Ordinance, City of Daphne, Alabama" published by Municipal Code Corporation consisting of Chapters 1 through 20, each inclusive, is adopted; as public notice of adoption is provided in Resolution No. 1996-23 adopted the eighteenth day of March, 1996, as required by Code of Alabama Section 11-45-8(c) for the adoption of codes in book form.

Section 2: ;hg;All ordinances of a general and permanent nature enacted on or before August 16, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3: ;hg;The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4: ;hg;Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) and imprisonment for not more than six (6) months, or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as amendment of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5: ;hg;Additions or amendments to the Code when passed in form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6: ;hg;Ordinances adopted after August 16, 1993 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7: ;hg;Severability Clause—The provisions of this ordinance and the Daphne Code of Ordinances adopted hereby are severable. In the event that any of the provisions hereof, or of the Daphne Code of Ordinances are declared invalid by a court of competent jurisdiction, then the remaining portions shall remain in full force and effect notwithstanding such invalidity.

Section 8: ;hg;This ordinance shall become effective upon publication of such notice.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, THIS 16th day of February, 1998.

	/s/ E. Harry Brown, Mayor E. Harry Brown, Mayor

ATTEST:

/s/ Ruth P. Martin, City Clerk, CMC Ruth P. Martin, City Clerk, CMC

STATE OF ALABAMA	)
COUNTY OF BALDWIN	)

 

I, Ruth P. Martin, hereby certify the foregoing to be a true copy of the ordinance passed at the regular meeting of the City Council of the City of Daphne, Alabama, held on the 16th day of February, 1998.

	/s/ Ruth P. Martin, City Clerk Ruth P. Martin, City Clerk

ORDINANCE NO. 2015-69

An Ordinance adopting and enacting the 2005 Supplement Code for the City of Daphne, Alabama providing for the repeal of certain ordinances not included therein; providing a penalty for the violation thereof; providing for the manner of amending such Code; and providing when such Code and this ordinance shall become effective.

BE IT ORDAINED BY THE CITY COUNCIL OF DAPHNE, ALABAMA:

SECTION 1: The Code entitled "Code of Ordinance, City of Daphne, Alabama" published by Municipal Code Corporation consisting of Chapters 1 through 21, each inclusive, is adopted.

SECTION 2: All ordinances of a general and permanent nature enacted on or before August 16, 1993, and not included in the Code or recognized and continued in force by reference therein, are repealed.

SECTION 3: The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

SECTION 4: Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) and imprisonment for not more than six (6) months, or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

SECTION 5: Additions or amendments to the Code when passed in form as to indicate the intention of the City Council to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

SECTION 6: Ordinances adopted after August 16, 1993 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

SECTION 7: Severability Clause - The provisions of this ordinance and the Daphne Code of Ordinances adopted hereby are severable. In the event that any of the provisions hereof, or of the Daphne Code of Ordinances are declared invalid by a Court of competent jurisdiction, then the remaining portions shall remain in full force and effect notwithstanding such invalidity.

SECTION 8: This ordinance shall become effective upon publication of such notice.

APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DAPHNE, THIS 7 ^th day of December, 2015.

	/s/         DANE HAYGOOD,       MAYOR

ATTEST:

/s/         REBECCA A. HAYES        CITY CLERK