HomeMy WebLinkAboutO-1397ORDINANCE NO. 1397
AN ORDINANCE OF THE CITY OF FAIRHOPE,
ALABAMA, TO PROTECT THE HEALTH, SAFETY
AND GENERAL WELFARE OF THE PEOPLE,
DECLARING A MORATORIUM ON THE ENFORCEMENT
OF NOISE AND THE HOURS OF SALE FOR ALCOHOL
WHEREAS the City of Fairhope has adopted ordinances to regulate noise and the hours of sale
for alcohol within the city limits and within the police jurisdiction;
WHEREAS the City Council desires to protect the City against issues related to noise and/or the
hours of sale for alcohol in and around the City of Fairhope; and give ample time to study these
issues;
WHEREAS the City Council has determined that the adoption of the moratorium is appropriate
to prevent conditions that may threaten the community's health, safety, and welfare;
WHEREAS placing a moratorium of limited duration and limited scope would be in the public
interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA,
DOES ORDAIN AS FOLLOWS:
Section 1. Moratorium Established. Except as hereinafter set forth, a moratorium is
imposed of the enforcement of noise and the hours of sale of alcohol, Sections
4-2, 12-3, 12-4, 12-5.1, 12-5.2, and 12-5.3 of the Code of Ordinances, City of
Fairhope, Alabama by the City of Fairhope within the City's corporate limits
and within the police jurisdiction (the "Moratorium").
Section 2. Effective Period of Moratorium. The Moratorium shall be effective
immediately upon passage and shall continue for a period of 60 (sixty) days,
unless terminated sooner by action of the City Council.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of
this ordinance be pre-empted by state or federal law or regulation, such decision
or pre -exemption shall not affect the validity of the remaining portions of this
ordinance or its application to other persons or circumstances.
ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE
27TH DAY OF JULY, 2009
ATTEST:
isa A. Hanks, City Clerk