CODE CITY OF AUBURN, ALABAMA

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GENERAL ORDINANCES OF THE CITY

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Published in 1984 by Order of the City Council

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OFFICIALS
of the
CITY OF AUBURN, ALABAMA

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Bill Ham, Jr., Mayor
Arthur L. Dowdell, Sr.
Sheila H. Eckman
Thomas Worden
Brent Beard
Robin Kelley
Dick Phelan
Gene Dulaney
Bob Norman
City Council

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Arnold W. Umbach, Jr.
City Attorney

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Charles M. Duggan, Jr.
City Manager

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Auburn, Alabama, of a general and permanent nature. As expressed in the Adopting Ordinance, The Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto.

Source materials used in the preparation of the Code where the City's 1956 Code, as supplemented through January 2, 1968 and ordinances subsequently adopted by the governing body. 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 volume, the reader can locate any section of the 1956 Code, as supplemented, and any subsequent ordinance included herein.

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 places, 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 3-1 and 3-2 is desired to be added, such new sections would be numbered 3-1.1, 3-1.2 and 3-1.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 15 and 16 it will be designated as Chapter 15.5. 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 itself 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 is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of 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 Roger D. Merriam, Supervising Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff, particularly Rebecca DeNeve, for their sincere interest and able assistance throughout the project.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 1157

An Ordinance Adopting and Enacting a New Code of Ordinances for the City of Auburn; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein; 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 Auburn, Alabama, as follows:

Section 1.  The Code of Ordinances, consisting of Chapters 1—23, each inclusive, is hereby adopted and enacted as the "The Code of the City of Auburn" which Code shall supersede all general and permanent ordinances of the city adopted on or before June 8, 1983, to the extent provided in Section 2 hereof.

Section 2.  All provisions of such Code shall be in full force and effect from and after the adoption and passage of this ordinance and all conflicting provisions of ordinances of a general and permanent nature enacted on final passage on or before June 8, 1983, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from after the effective date of such 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.  Any person convicted of a violation of such Code shall be punished as prescribed in section 1-9 hereof, or as provided in any other applicable section of such Code.

Section 5.  Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the city to make the same a part of such Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.

Section 6.  In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 1-9 of such Code shall apply to the section as amended, or in case such 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 such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7.  Any ordinance adopted after June 8, 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.  All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 9.  This ordinance and the Code adopted hereby, shall become effective upon its adoption and approval by the Mayor or upon its otherwise becoming law, but shall be published as required by law.

ADOPTED AND APPROVED by the City Council of the City of Auburn, Alabama, this the 5th day of June, 1984.

	/s/ Victor E. Vance       President of the City Council

ATTEST:

/s/ Douglas J. Watson       City Manager

TRANSMITTED to the Mayor, this the 6th day of June, 1984.

	/s/ Douglas J. Watson       City Manager

ACTION BY THE MAYOR

APPROVED this the 6th day of June, 1984.

	/s/ Jan M. Dempsey       Mayor

ATTEST:

/s/ Douglas J. Watson       City Manager