CODE OF ORDINANCES CITY OF VESTAVIA HILLS, ALABAMA

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Published by Order of the City Council, 1985

Republished by Order of the City Council, 1994

Republished by Order of the City Council, 2002

Republished by Order of the City Council, 2008

Republished by Order of the Mayor and City Council, 2013

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CURRENT
OFFICIALS
of the
CITY OF VESTAVIA HILLS, ALABAMA

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Alberto C. Zaragoza, Jr.
Mayor

____________

Steve Ammons
Mayor Pro Tem

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Alberto C. Zaragoza, Jr., President
John Henley
Jim Sharp
Steve Ammons
George B. Pierce
City Council

____________

Patrick H. Boone
City Attorney

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Rebecca Leavings
City Clerk

____________

Melvin Turner III
Finance Director/City Treasurer

OFFICIALS
of the
CITY OF VESTAVIA HILLS, ALABAMA
AT THE TIME OF THIS CODIFICATION

____________

Sara W. Wuska
Mayor

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Fred H. McCrory
Council President

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E. Byron Chew
Henry L. Battle
Charlie Davis
Bill G. Williams
City Council

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Patrick H. Boone
City Attorney

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Thelma Moon
City Clerk

OFFICIALS
of the
CITY OF VESTAVIA HILLS, ALABAMA
AT THE TIME OF THIS REPUBLICATION

____________

Alberto C. Zaragoza, Jr.
Mayor

____________

Steve Ammons
Mayor Pro Tem

____________

Alberto C. Zaragoza, Jr., President
John Henley
Jim Sharp
Steve Ammons
George B. Pierce
City Council

____________

Patrick H. Boone
City Attorney

____________

Rebecca Leavings
City Clerk

____________

Melvin Turner III
Finance Director/City Treasurer

PREFACE

This Code is a codification of the ordinances of the city of a general and permanent nature, and was originally published in 1985. The Code was subsequently republished in 1994, 2002, 2008 and 2013.

Source materials used in the preparation of the Code were the ordinances adopted by the 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 Code Comparative Table appearing in the back of this volume, the reader can locate any ordinance included herein.

As expressed in the Adopting Ordinance, this Code supersedes all ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. The Code contains only ordinances of a general and permanent nature, prescribed for and affecting the public as a whole. Special ordinances or ordinances dealing with only a portion of the inhabitants of the city, rather than all of them, or relating to special purposes, such as ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, etc., are not included herein.

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. 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.

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 2 is numbered 2-1 and the eleventh section of chapter 5 is 5-11. 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 1-1 and 1-2 is desired to be added, such new sections would be numbered 1-1.1, 1-1.2 and 1-1.3 respectively. New chapters may be included in the same manner. If the new material is to be included between chapters 4 and 5, it will be designated as chapter 4.5. 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 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 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 to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, 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.

The successful maintenance of keeping 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.

Acknowledgments

The publication of this Code was under direct supervision of George R. Langford, President, and Milton E. Lefkoff, 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 1994 republication of this Code was under direct supervision of Brian C. Taylor, Editor, of the Municipal Code Corporation, Tallahassee, Florida. The 2002 republication of this Code was under the direct supervision of Kathleen M. Grobe, Editor, of the Municipal Code Corporation. Legislation adopted on or before August 6, 2001, ending with Ordinance Number 1889, is included. The 2008 republication of this Code was under the direct supervision of Kathleen M. Grobe, Editor, of the Municipal Code Corporation. Legislation adopted on or before December 3, 2007, ending with Ordinance Number 2205, is included. The 2013 republication of this Code was under the direct supervision of Connie Hamilton, Editor, of the Municipal Code Corporation. Legislation adopted on or before August 26, 2013, ending with Ordinance Number 2463, is included. 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 Patrick H. Boone, City Attorney and Rebecca Leavings, City Clerk, for their cooperation and assistance during the progress of the work on this Code. It is hoped that their efforts and those of the publishers 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. 749

An Ordinance Adopting and Enacting a New Code for the City of Vestavia Hills; Establishing the Same; 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 VESTAVIA HILLS, ALABAMA, AS FOLLOWS:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 17, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Vestavia Hills, Alabama," which Code shall supersede all general and permanent ordinances of the City passed on or before August 15, 1983, to the extent provided in section 2 hereof.

Section 2. All provisions of the Code shall be in full force and effect from and after April 15, 1985, and all ordinances of a general and permanent nature enacted on final passage on or before August 15, 1983, and not included in the code or recognized and continues in force by reference therein are hereby repealed from and after the effective date of the Code.

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 which is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, a violation of any provision of such Code or of any other ordinance of the City, shall be punished by a fine of not less than one dollar ($1.00) and not more than five hundred dollars ($500.00), or shall be imprisoned or sentenced to hard labor for not more than six (6) months, as provided in section 1-5 of such Code.

Section 5. Any and all additions and amendments to the Code, when passed in the form as to indicate the intention of the 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 shall be understood and intended to include the additions and amendments.

Section 6. In case of the amendment of any section of the Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance and in section 1-5 of such Code shall apply to the section as amended, or in case the amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in the other section shall be held to relate to the section so amended, unless the penalty is specifically repealed therein.

Section 7. Any ordinance adopted after August 15, 1983, which amends or refers to ordinances which have been codified in such Code, shall be construed as if they amend or refer to like provisions of such Code.

Section 8. This ordinance and the Code adopted hereby, shall become effective.

Adopted by roll call vote as follows:

AYES	NAYS	ABSENT AND NOT VOTING
Councilman Battle
Councilman Davis
Councilman Chew
Council Pro Tem Williams

 

/s/ Sara W. Wuska       Mayor

	/s/ Fred H. McCrory       Council President

ORDINANCE NUMBER 1952

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF THE CITY OF VESTAVIA HILLS, 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 the City of Vestavia Hills in the State of Alabama, as follows:

Section 1. That code entitled "The Code of the City of Vestavia Hills, Alabama" consisting of Chapters 1-17, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before June 3, 2002, 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, rules or regulation adopted or issued in pursuance thereof shall be punished by a fine of not less than $1.00 nor more than $500.00 or by imprisonment at hard labor for not exceeding six months or by both such fine and imprisonment. Each act or 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 ordinances. 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 and amendments to the Code when passed in such 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. Ordinance adopted after June 3, 2002, 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.

DONE, ORDERED and APPROVED this the 4th day of November, 2002.

Greg Canfield
Council President

ATTESTED BY:

T. M. Jones
City Clerk

APPROVED BY:

Charles A. McCallum
Mayor

CERTIFICATION:

I, T. M. Jones, as City Clerk of the City of Vestavia Hills, Alabama, hereby certify that the above and foregoing copy of 1 (one) Ordinance # 1952 is a true and correct copy of such Ordinance that was duly adopted by the City Council of the City of Vestavia Hills on the 4th day of November, 2002 as same appears in the official records of said City.

Posted at Vestavia Hills Municipal Center, Vestavia Hills Richard M. Scrushy Public Library, Vestavia Hills Food World and Vestavia Hills Recreational Center this the ____________ / ____________ / ____________ day of ____________ / ____________ / ____________ , 2002.

T. M. Jones
City Clerk

ORDINANCE NUMBER 2241

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF THE CITY OF VESTAVIA HILLS, 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 the City of Vestavia Hills in the State of Alabama, as follows:

Section 1. That code entitled "The Code of the City of Vestavia Hills, Alabama, Republished 2008" consisting of Chapters 1—17, each inclusive, is adopted.

Section 2. All ordinances of a general and permanent nature enacted on or before December 3, 2007 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, rules or regulation adopted or issued in pursuance thereof shall be punished by a fine of no more than $500.00 or by imprisonment at hard labor for not exceeding six months or by both such fine and imprisonment. Each act or 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 ordinances. 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 and amendments to the Code when passed in such 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. Ordinance adopted after December 3, 2007 that amend or refer to ordinances that have been codified in the Code shall be construed as they amend or refer to like provisions of the code.

DONE, ORDERED and APPROVED this the 7 ^th day of July, 2008.

	Mary Lee Rice Council President Pro-Tem
ATTESTED BY:
Rebecca Leavings Acting City Clerk
	APPROVED BY:
	Charles A. McCallum Mayor

 

CERTIFICATION:

I, Rebecca H. Leavings, as Acting City Clerk of the City of Vestavia Hills, Alabama, hereby certify that the above and foregoing copy of 1 (one) Ordinance # 2241 is a true and correct copy of such Ordinance that was duly adopted by the city council of the City of Vestavia Hills on the 7 ^th day of July, 2008 as same appears in the official records of said City.

Posted at Vestavia Hills Municipal Center, Vestavia Hills Public Library, Vestavia Hills City Center and Vestavia Hills Recreational Center this the ____________ day of ;daterule;, 2008.

	Rebecca Leavings Acting City Clerk