HomeMy WebLinkAboutO-1443INDEX - PAGE 60 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1436 Ordinance — An Ordinance prohibiting Tobacco Use in All
Recreational Settings (Any Place for Physical Activity)
A — 09-27-10 P — 10-06-10
1437 Ordinance — An Ordinance to Amend Ordinance No. 1371, Known
as the City of Fairhope Rules of Procedure and Repealing
Ordinance No. 1415
A — 09-27-10 P — 10-06-10
1438 Ordinance — An Ordinance Repealing and Replacing Ordinance
No. 1345 to Protect the Public Health, Safety and Welfare by
Providing Policy and Procedure for Park Usage within the City of
Fairhope.
A — 10-11-10 P — 10-20-10
1439 Ordinance — An Ordinance Amending Ordinance No. 1255 Known
as the Personnel Rules, Policies and Procedures Ordinance.
A — 10-11-10 Mayor Vetoed Ordinance on 10-14-10; Council did
not Vote to Overturn Veto on 10-25-10
1440 Ordinance — An Ordinance to Amend and Add to Chapter 5,
Animals and Fowl, Sections 5-30 and 5-31, Fairhope Code of
Ordinances.
A — 10-11-10
P — 10-20-10
1441 Ordinance — An Ordinance Establishing a Procedure for any
Lawsuit or Legal Action against the City of Fairhope.
A — 10-11-10
P—10-20-10
1442 Ordinance — An Ordinance Amending Ordinance No. 1255 Known
as the Personnel Rules, Policies and Procedures Ordinance.
(Employee Benefits — Dental and OPEB)
A — 11-08-10
P — 11-17-10
1443 Ordinance — An Ordinance establishing the City of Fairhope's
Noise Ordinance which replaces and repeals Ordinance No. 554,
Ordinance No. 1100, Ordinance No. 1401, and Ordinance No.
1424.
A — 12-27-10 P — 01-07-11
C17��`►C17
1429
1430
INDEX - PAGE 59 OF THIS BOOK
A = ADOPTED
DESCRIPTION
P = PUBLISHED
Ordinance — Amending Ordinance No. 1413, An Ordinance to
Amend Chapter 8, Article IT Tobacco Products, Section 8-38.
A — 08-23-10
P — 09-01-10
Ordinance — Amending Ordinance No. 1414, An Ordinance to
Amend Chapter 4, Article II Beer, Sections 4-27 and 4-28.
A — 08-23-10
P — 09-01-10
1431 Ordinance — Authorizing Mayor Timothy M. Kant to execute an
Agreement for Sale and Purchase and an Appropriation Agreement for
Transfer of Property to the Fairhope Airport Authority.
($8,935,000 Airport Improvement Refunding Bond Series 2010)
A — 08-23-10 P — Does not have to be Published
1432 Ordinance — Directing the Transfer of Numerous Parcels of Land to
the Fairhope Airport Authority and Declaring Said Property to be
properly used by the Fairhope Airport Authority for Public
Purposes associated with Airport operation.
A — 08-23-10
P — 09-03-10
1433 Ordinance — Amending Zoning Ordinance No. 1253.
• Article V Special Districts, Section G. Tourism -Resort
District.
A — 08-23-10
P — 09-03-10
1434 Amend Zoning Ordinance No. 1253.
Request to zone the property of Point Clear Partners, LLC to TR
Tourist Resort District concurrent with annexation into the City of
Fairhope. This property is generally located off Battles Road,
Fairhope, Alabama. Parcel Contains 181.1 acres, more or less 46-
09-30-0-000-078.000, 46-09-30-0-000-078.002, 46-09-30-0-000-
078.003, 46-09-30-0-000-080.000, 46-09-30-0-000-081.000, 46-
09-30-0-000-088.000, 46-09-30-0-000-088.001, 46-09-30-0-000-
089.000. The Colony at the Grand
A — 08-23-10
P — 09-03-10
1435 Ordinance — Repealing Ordinance No. 1128 and Ordinance No.
1155 and to Establish the Bylaws of the Fairhope Environmental
Advisory Board.
A — 09-13-10 P — 09-24-10
INDEX - PAGE 58 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1421 Ordinance — Amending Zoning Ordinance No. 1253.
Request to rezone the property of Karen Urbanek from R-1 Low
Density Family Residential District to B-4 Business and
Professional District. This property is located at 860 Edwards
Avenue, Fairhope, Alabama.
A — 05-10-10
P — 05-15-10
1422 Ordinance — Amending Ordinance No. 1411, An Ordinance to Amend
Chapter 21, Article IV, Sewers, Section 21-54; which deletes the
paragraph regarding installing grinder pumps and sewer lines with
sewer rates at $54.50.
A — 05-10-10 P — 05-15-10
1423 Ordinance — Red Soil (Clay and Silt) Ordinance; To Repeal and
Replace Ordinance No. 759 and Ordinance No. 1313 Known as the
Coastal Protection Ordinance.
A — 05-24-10 P — 05-29-10
1424 Ordinance — Amending Ordinance No. 1401 to Amend Article I, In
General, Section 12-5.2 Relating to the Noise Section.
A — 05-24-10 P — 05-29-10
1425 Ordinance — Amending and Adding to Chapter 4 Alcoholic Beverages,
Article I, In General, Section 4-2, Relating to Hours of Sale.
A — 05-24-10 P — 05-29-10
1426 Ordinance — Establishing that the Placement, Use and Investment of
City Funds will be at the Sole Discretion of the City Treasurer.
A — 06-14-10 P — 06-19-10
1427 Ordinance — Establishing that No Waivers or Reductions of Fees shall
be allowed without the Approval of the Fairhope City Council.
A — 06-14-10 P — 06-19-10
1428 Ordinance — Amending Zoning Ordinance No. 1253.
• Article IV Site Design Standards, Section G. Signs
A — 08-09-10 P — 08-13-10
INDEX - PAGE 57 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1414 Ordinance — An Ordinance to Amend Ordinance No. 705,
Amending Chapter 4, Article II, Beer Products, Sections 4-27 and
4-28.
A — 03-22-10 P — 03-27-10
1415 Ordinance — An Ordinance to Amend Ordinance No. 1371, Known
as the City Council Rules of Procedure and Repealing Ordinance
No. 1395.
A — 03-22-10 P — 03-27-10
1416 Ordinance — An Ordinance to Amend Ordinance No. 1255, Known
as the Personnel Rules, Policies and Procedures Ordinance.
Section 8.10 Use of City Vehicles.
A — 04-26-10 P — 05-01-10
1417 Ordinance — An Ordinance to Amend Ordinance No. 700 and
Ordinance No. 1121, An Ordinance to Amend and Add to Chapter
21, Article V., Gas, Section 21-61.
A — 04-26-10 P — 05-01-10
1418 Ordinance — An Ordinance to Amend Ordinance No. 1122 and
Ordinance No. 1383, An Ordinance to Amend and Add to Chapter
21, Article IV, Sewers, Sections 21-56 and 21-57.
A — 04-26-10 P — 05-01-10
1419 Ordinance — An Ordinance Establishing the Position of Utility
Superintendent and Defining the Duties, Authority and Liabilities
of Said Superintendent.
A — 04-26-10 P — 05-15-10
1420 Annexation — The property of Leslie E. Odom and Alicia E.
Odom, located at 550 Fairland Avenue, Fairhope, Alabama.
Contains less than .50 acre 46-03-37-0-015-155.000.
A — 04-26-10 P — 05-01-10
INDEX - PAGE 56 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1406 Ordinance — Amending Ordinance No. 1255 known as the
Personnel Rules, Policies and Procedures Ordinance.
Zero Tolerance Substance Abuse Policy
A — 01-25-10 P — 01-30-10
1407 Annexation — City of Fairhope property located at the intersection
of County Road 13 and Manley Road, Fairhope, Alabama.
Contains 40 acres more or less 46-08-28-0-000-014.008.
A — 01-25-10 P — 01-30-10
1408 Annexation — The property of Aaron and Dorothy Norris and
Fairhope Single Tax Corporation, located at 20671 Northwood
Drive, Fairhope, Alabama. 46-06-14-0-000-001.814.
A — 01-25-10 P — 01-30-10
1409 Ordinance — Declaring Certain Real Property No Longer Needed
For Municipal Purposes and Authorizing the Sale of the Same to
Baldwin County Electric Membership Corporation.
A — 02-22-10
P — 02-27-10
1410 Ordinance — An Ordinance to Amend Ordinance No. 1303,
Amending Chapter 12, Article II, Sewage Disposal, Division I.
Generally, Section 12-42: Definitions.
A — 03-08-10
P — 03-20-10
1411 Ordinance — An Ordinance to Amend Ordinance No. 715 and
Ordinance No. 1383, Amending and Adding to Chapter 21, Article
IV, Sewers, Sections 21-52 and 21-54.
1412
A — 03-08-10
P — 03-20-10
Ordinance — An Ordinance to Amend Ordinance No. 1315 —
Electric Rates — Amend by Revision of Section 21-21.
A — 03-08-10
P — 03-20-10
1413 Ordinance — An Ordinance to Amend Ordinance No. 1175,
Amending Chapter 8, Article II, Tobacco Products, Section 8-38.
A — 03-22-10 P — 03-27-10
INDEX - PAGE 55 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1399 Ordinance — An Ordinance to Amend Ordinance No. 1397
Extending the Regulation of the Hours of Sale for Alcohol
Moratorium.
A — 09-28-09 P—10-03-09
1400 Ordinance — An Ordinance to Amend and Add to Chapter 16
Personnel of the Fairhope Code of Ordinances, regarding Badge
and Pistols for Police Officers as a Retirement Benefit.
A — 09-28-09 P — 10-03-09
1401 Ordinance — An Ordinance to Amend and Add to Article I, In
General, Sections 12-3, 12-4, 12-5.1, 12-5.2, and 12-5.3, relating to
the Noise Section, Fairhope Code of Ordinances.
A — 10-12-09 P — 10-17-09
1402 Ordinance — Amending Zoning Ordinance No. 1253.
Request to rezone the property of Klumpp Family Limited
Partnership from RA Residential Agriculture to PUD Planned
Unit Development. This property is located on the west side of
State Highway 181 just south of Fairhope Avenue, Fairhope,
Alabama.
A — 10-26-09 P — 10-31-09
1403 Annexation — The property of Ladnier Properties, LLC located at
8281 Gayfer Road Extension, Fairhope, Alabama. Contains 2.66
acres more or less 46-02-09-0-000-012.000 and 46-02-09-0-000-
012.003.
A — 10-26-09 P — 10-31-09
1404 Ordinance — An Ordinance establishing that no employment to fill
non -budgeted positions shall be allowed without the approval of
the Fairhope City Council. Further, no pay raises or promotions
whatsoever shall be allowed without the approval of the Fairhope
City Council.
A — 12-14-09 P — 12-19-09
1405 Ordinance — Declaring a Moratorium on the Enforcement of the
Hours of Sale for Alcohol.
A — 01-11-10 P — 01-16-10
INDEX - PAGE 54 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1391 Ordinance — An Ordinance to Amend Ordinance No. 1378, Article
I, In General, Section 2-15, City Administrator, Fairhope Code of
Ordinances.
A — 06-22-09 P — 07-25-09
1392 Ordinance — Authorizing the issuance of the City's General
Obligation Warrant in the principal amount of $2,000,000 (in
evidence of a revolving one-year line of credit with Compass Bank
for current operating expenses and unanticipated, or emergency,
capital improvements related to the city's utilities systems).
A — 07-13-09 P — Does not have to be Published
1393 Ordinance — Authorizing and granting to the Utilities Board of the
City of Foley d/b/a Riviera Utilities the right to use the Rights -of -
Way of the City of Fairhope, Alabama to provide electrical services
to the citizens of the City under the terms of a Franchise
Agreement.
A — 07-13-09 P — 07-25-09
1394 Ordinance — Authorizing and granting to Mediacom Southeast LLC
the right to use the Rights -of -Way of the City of Fairhope, Alabama
to provide cable services to the citizens of the City under the terms
of a Cable Television System Franchise Agreement.
A — 07-13-09 P — 07-25-09
1395 Ordinance — Amending Ordinance No. 1371, Rules of Procedure in
all instances for Meetings of the City Council, Section IV: Order of
Business.
A — 07-27-09 P — 08-01-09
1396 Ordinance — Providing for the Protection of Animals in Unattended
Vehicles.
A — 07-27-09 P — 08-01-09
1397 Ordinance — Declaring a Moratorium on the Enforcement of Noise
and the Hours of Sale for Alcohol.
A — 07-27-09 P — 08-01-09
1398 Ordinance — Repealing and Replacing Ordinance No. 1000 known
as the Fairhope Erosion and Sediment Control Ordinance.
A — 08-10-09 P — 08-15-09
INDEX - PAGE 53 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1383 Ordinance — An Ordinance to establish water and wastewater
(sewer) rates for all customers of the City of Fairhope water and
wastewater systems; amending Ordinance No. 953 and repealing
Ordinance No. 1122.
A — 03-23-09 P — 03-28-09
1384 Ordinance — An Ordinance allocating the funds collected from the
City of Fairhope's Sales and Use Tax.
A — 04-27-09 P — 05-16-09
1385 Ordinance — An Ordinance to levy a privilege, license, or excise tax
against person, firms, or corporations storing, using, or otherwise
consuming or engaged in the business of selling at retail tangible
personal property or conducting places of amusement in the City of
Fairhope, Alabama, and its Police Jurisdiction; and provides for
penalties for the violation of this Ordinance.
A — 04-27-09 P — 05-16-09
1386 Ordinance — An Ordinance to provide for an Identity Theft
Prevention Program; to comply with Federal Regulations relating
to address discrepancies; and to comply with Federal Regulations
relating to Red Flags and Identity Theft.
A — 04-27-09 P — 05-02-09
1387 Annexation — The property of Christopher and Laura W. Oberg,
located at 7125 Forest Park Drive, Fairhope, Alabama. Contains
.42 acres more or less 43-09-43-0-000-018.000.
A — 04-27-09 P — 05-02-09
1388 Ordinance — An Ordinance to Exempt Certain "Covered Items"
from the Municipal Sales and Use Tax during the first weekend of
August, 2009, as authorized by Act 2006-574, generally referred to
as the State Sales Tax Holiday Legislation.
1389
P — 06-13-09
Ordinance — Amending City of Fairhope's Sales and Use Tax
Ordinance No. 1385; Certain Sections and All Other Sections
within this Ordinance remain as written and adopted.
1. 1: 1•
P — 06-13-09
1390 Ordinance — Amending and Adding to Article VI, Garbage and
Trash, Sections 21-70 and 21-73.
�l
P — 06-27-09
INDEX - PAGE 52 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1375 Ordinance — Amend Zoning Ordinance No. 1253.
Request to repeal and replace Ordinance No. 1373 and to zone the
property of Christopher L. Haley to Planned Unit Development
(PUD) concurrent with annexation. This property is generally
located 7220 Parker Road, Fairhope, Alabama. Parcel contains
3.795 acres more or less 05-46-03-07-0-000-18.000.
Parker Place Subdivision.
A — 01-12-09 P — 01-17-09
1376 Ordinance — Amend Zoning Ordinance No. 1253.
Request to amend the Planned Unit Development (PUD) for North
Village at Stone Creek (Ordinance No. 1322). This property is
located north of Stone Creek Subdivision, west of State Highway
181 (aka County Road 27), Fairhope, Alabama. Parcel Contains
63.61 acres more or less. 46-07-26-0-000-002.000.
A — 01-12-09 P — 01-17-09
1377 Ordinance — Amending Ordinance No. 1255 - Personnel Rules,
Policies and Procedures Ordinance by changing Part XI. Personnel
Board, Sections 1 and 2.
A — 02-26-09 P — 03-07-09
1378 Ordinance — Establishing the position of City Administrator and
defining the duties, authority and liabilities of said Administrator.
A — 03-09-09 P — 03-21-09
1379 Ordinance - Repealing Ordinance No. 1374 and to establish the
City Council as the appointing authority for designated
employment positions in the City of Fairhope.
A — 03-09-09 P — 03-21-09
1380 Ordinance - To establish the By-laws for the Fairhope Museum of
History.
A — 03-09-09 P — 03-21-09
1381 Ordinance — An Ordinance to authorize the issuance of the City's
Utility Revenue Warrants in the principal amount of $1,250,000.
A — 03-23-09 P — Does not have to be Published
1382 Ordinance — An Ordinance to authorize the issuance of the City's
General Obligation Warrant in the principal amount of $3,430,000.
A — 03-23-09 P — Does not have to be Published
INDEX - PAGE 51 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1367 Ordinance — Authorizing and Granting to Bellsouth
Telecommunications, Inc. d/b/a AT&T Alabama the right to use the
rights -of -way of the City of Fairhope, Alabama to provide video
services to the citizens of the City under the terms of a video
service agreement.
IeQ11:�►.T.�II<:3
1368 Flood Damage Prevention Ordinance — Repealing Ord. No. 1165
A — 09-22-08
P — 09-27-08
1369 Ordinance - Amending Zoning Ordinance No. 1253.
Request to rezone the property of Leon Saltz from R-3 High
Density Single Family Residential District to B-4 Business and
Professional District. This property is located at 1090 Fairhope
Avenue, Fairhope, Alabama.
A — 10-13-08
�1 1:
1370 Ordinance — Relating to the Issuance of Land Disturbance Permits
for activities that may result in the loss, fill or destruction of
wetlands within the City Limits and the City's building permitting
Jurisdictional Authority.
1371
1372
A — 10-13-08
Ordinance — Adopting the Rules of Procedures in all instances for
meetings of the City Council as amended.
A — 11-10-08
P — 11-22-08
Ordinance — Repealing Sections 21-1, 21-2, and 21-3 of the City of
Fairhope Code of Ordinances.
A — 11-10-08 P — 11-22-08
1373 Ordinance — Amending Zoning Ordinance No. 1253.
Request to zone the property of Christopher L. Haley to Planned
Unit Development (PUD) concurrent with annexation into the City
of Fairhope. This property is generally located at 7220 Parker
Road, Fairhope, Alabama. Parcel contains 3.795 acres more or less
05-46-03-07-0-000-018.000. Parker Place
A — 11-24-08
P — 12-20-08
1374 Ordinance — Election and Appointment of City Officers and City
Council as Appointing Authority.
A — 12-08-08 P — 12-17-08
INDEX - PAGE 50 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1360 Ordinance - Amending Zoning Ordinance No. 1253.
Establish regulations regarding A -Frame Signs.
A — 05/12/08 P — 05/17/08
1361 Ordinance — Amending Zoning Ordinance No. 1253.
Request to rezone the property of The Groves at Point Clear,
LLC from R-5 High Density Dwelling Residential District to B-4
Business and Professional District. This property is located on the
south side of Fairhope Avenue, just east of Hoffren Drive,
Fairhope, Alabama.
A — 06/09/08 P — 06/14/08
1362 Amend Zoning Ordinance No. 1253.
Request to amend the Planned Unit Development (PUD) for
Fairfield, Phase VI (Ordinance No. 1308), property of The
Riverton Land Co. LLC. This property is located at the northeast
corner of Twin Beech Road and Boothe Road, Fairhope, Alabama.
Parcel Contains 9.24 acres more or less. 46-05-21-0-000-031.187.
A — 06/09/08 P — 06/14/08
1363 Ordinance — Declaring a Moratorium on the Issuance of Land
Disturbance Permits for activities that may result in the loss, fill or
destruction of wetlands within the City Limits and the City's
building permitting Jurisdictional Authority.
A — 06/09/08
P — 06/14/08
1364 Ordinance - Establishing the use of Electronic Vote Counting
Devices for use in all Municipal Elections.
A — 06/23/08
P — 06/28/08
1365 Ordinance - Authorizing the issuance of the City's General
Obligation Warrant in the principal amount of $2,000,000 (in
evidence of a revolving one-year line of credit with RBC Bank for
current operating expenses and unanticipated, or emergency,
capital improvements).
A — 06/23/08 P - Does not have to be Published
1366 Ordinance — Setting Compensation for Absentee Election Manager.
A — 07/14/08 P — 07/19/08
INDEX - PAGE 49 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1353 Ordinance - Amending the City of Fairhope Code of Ordinance
(Section 2-21) Monthly Salary for the Mayor and Councilmembers.
Vetoed by Mayor Kant 2/21/08
Overturned by Councilmembers on 2/25/08
A — 02/11/08 P — 03/05/08
1354 Ordinance - Amending an Ordinance directing the transfer of a ten
foot strip of land to Colony Square, L.L.C., for $5,000.00 and
declaring said property to be surplus and not needed for public or
municipal purposes. The amendment is necessary to correct an
error in the legal description.
1355
1356
1357
1358
A — 02/25/08 P — 03/08/08
Ordinance — An Ordinance to authorize the issuance of the City's
General Obligation Warrant in the principal amount of$1,300,000.
A — 03/06/08
P — Does not have to be Published
Ordinance - Adopting new building, mechanical, plumbing, fuel
and gas, fire and electric codes.
A — 03/24/08
P — 03/29/08
Ordinance - establishing the City of Fairhope Museum Advisory
Board.
A — 03/24/08
P — 03/29/08
Ordinance - Amend Zoning Ordinance No. 1253.
Request to rezone the, property of Herbert & Ruth Pierce
from B4 Office and Professional District to B3b Tourist Resort
Commercial Service District. This property is located at 19182
Greeno Road, Fairhope, Alabama, on the east side of Greeno Road,
just north of Twin Beech Road.
A — 04/28/08
P — 05/03/08
1359 Annexation — The property of Eastern Shore Presbyterian
Church, Inc., located at 23050 U. S. Highway 98, Fairhope,
Alabama. Contains 13.07 acres more or less 43-09-32-0-000-
001.038, 43-09-32-0-000-001.035,and 43-09-32-0-000-001.001.
A -- 04/28/08 P — 05/10//08
INDEX - PAGE 48 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1346 Annexation — The property of Richard and Cara Shelby, located
at/21297 Meadows Drive South, Fairhope, Alabama. Contains .46
acres more or less 46-02-10-0-000-050.016.
A — 10/22/07 P — 10/27/07
1347 Annexation — The property of Randall J. Billingsley, Jr., located
North of Bishop Road, West County Road 13, and immediately
East of the Airport, a strip of land 3 feet wide, Fairhope, Alabama.
Contains 1964.16 square feet more or less 56-02-09-1-001-
002.001.
A — 10/22/07 P -- 10/27/07
1348 Annexation — The property of The Groves at Point Clear, LLC,
located North of Bishop Road, West County Road 13, and
immediately East of the Airport, Fairhope, Alabama. Contains
39.59 acres more or less 56-02-09-1-001-001.000.
A -- 10/22/07 P — 10/27/07
1349 Amend Zoning Ordinance No. 1253.
Request to zone the property of Thompson Achee Development.,
Inc to R-2 Medium Density Single Family Residential District
concurrent with annexation into the City of Fairhope. This
property is generally located south of Copper Key Subdivision and
east of Quail Creek Estates, Fairhope, Alabama. Parcel Contains
9.55 acres, more or less 46-06-24-0-000-024.001.
Steel Branch Subdivision
A -- 11 /08/07
P — 11/17/07
1350 Amend Zoning Ordinance No. 1253.
Request to zone the property of Eastern Shore Affordable
Houses, Inc. to R-3 High Density Single Family Residential
District concurrent with annexation into the City of Fairhope.
This property is generally located at the end of New Era Drive,
Fairhope, Alabama. Parcel contains 2_0 acres more or less
05-46-03-37-0-015-177.000. St. Joseph's Way
1351
A — 01/14/08
P — 01/19/08
Amending Tree Ordinance No. 1193
A — 01/28/08
P — 02/02/08
1352 Ordinance - Amending the City of Fairhope Code of Ordinance
(Section 2-21) monthly salary for the mayor and councilmembers.
A — 02/11/08
M
INDEX - PAGE 47 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1338 Annexation - City of Fairhope property, located at Clay Pit,
Fairhope, Alabama. Contains 3.89 acres more or less. 46-04-20-3-
000-067.000
A — 07/23/07 P -- 07/28/07
1339 Annexation - City of Fairhope property, located North of
Substation on Twin Beech Road, Fairlope, Alabama. Contains 2.0
acres more or less. 46-04-20-3-000-072.000
A — 07/23/07 P — 07/28/07
1340 Annexation - City of Fairhope property, located at Substation of
Twin Beech Road, Fairhope, Alabama. Contains 1.66 acres more
or less. 46-04-20-3-000-073.000
A -- 07/23/07 P -- 07/28/07
1341 Annexation - City of Fairhope property, located at 19128 Young
Street, Fairhope, Alabama. Contains 8.0 acres more or less. 46-04-
20-4-000-050.000
A — 07/23 /07 P — 07/28/07
1342 Ordinance -- $1,458,578 City of Fairhope, Alabama General
Obligation Refunding Warrant Series 2007 (FBO Library Board)
Renewal of Bridge Loan
A - 08/27/07 P - Does not have to be Published
1343 Ordinance — Declaring a Moratorium on the Building of Modular
Buildings within the City Limits and the one and one-half mile
permitting Jurisdiction.
A -- 09/10/07 P — 09/15/07
1344 Ordinance — Replacing Ordinance No. 1220 to Protect the Public
Health, Safety and Welfare by Providing Policy and Procedure for
Sidewalk and/or Street Usage within the City of Fairhope.
A --- 09/24/0 7 P — 09/29/07
1345 Ordinance -- Replacing Ordinance No. 1221 to Protect the Public
Health, Safety and Welfare by Providing Policy and Procedure for
Park Usage within the City of Fairhope.
A - 09i24/07 P -- 09/29/07
INDEX - PAGE 46 OF THIS BOOK
A = ADOPTED P = PUBLISHED
ORD. NO DESCRIPTION
1328 Ordinance Rescinding Ordinance No. 1190 — Establishing Safety
and Security procedures for the H. L. "Sonny" Callahan Airport
A — 02/26/07 P — 03/03/07
1329 Airport Authority 2007 Bond Issue - Approving the Incorporation
of the Fairhope Airport Authority - Resolution.
A — 03/14/07 P — Published by Attorney
1330 Amending Ordinance No. 1225 — Council Procedures
A — 03!26/07 P — 03/31/07
1331 Impact Fee Ordinance
A — 05/31/07
II"IZ1112Till
1332 Amending Zoning Ordinance No. 1253
a. Site Density
b. Buffer Widths, Lighting, and plant materials
c. Sidewalks in the Central Business District
d. Definition of "family"
A — 06/25/07 P - 07/14/07
1333 2007 Bond Issue GOW - $7,900,000.
A — 06/25/07
P — Does not have to be Published
1334 Ordinance Amending Zoning Ordinance No. 1253
• Storage and Parking of Trailers and Commercial Vehicles
A — 07/09/07 P -- 07/21/07
1335 Ordinance — Repealing Ordinance No. 1267 -- False Alarm
A — 07/09/07 P — 07/21 /07
1336 Amending Zoning Ordinance No. 1253
• Short -Term Rentals
A - 07/23/07 P -- 07/28/07
1337 Annexation - City of Fairhope property, located next to current City
Landfill, Fairhope, Alabama. Contains 3.0 acres more or less.
46-04-20-3-000-024.000
A — 07/23/07 P — 07/28/07
ORDINANCE NO. 1443
AN ORDINANCE ESTABLISHING
THE CITY OF FAIRHOPE'S NOISE ORDINANCE
WHICH REPLACES AND REPEALS ORDINANCE NO.554,
ORDINANCE NO. 1100, ORDINANCE NO. 1401, AND
ORDINANCE NO. 1424
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Article I. — Division 1. IN GENERAL
Section 12-3. Noise —General prohibition.
It shall be unlawful for any person to make, continue, or cause to be made or continued any
excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of others, within the corporate
limits of the City.
Section 12-4. Noise in Residential Districts.
(a) Intent. It is the intent of the City to endeavor to provide citizens an environment free from
such excess sounds or noise as may jeopardize their health, welfare and safety, or degrade the
quality of life.
(b) Definitions. For the purposes of this section:
(1) Construction activities shall mean any and all activity incidental to the construction,
erection, demolition, assembling, altering, installing or equipping of buildings, structures,
roads or appurtenances thereto, including land clearing, grading, excavating and filling.
(2) Construction equipment shall mean construction activity utilizing and equipment or
devices, such as but not limited to, pile drivers, power shovels, derricks, hoist tractors, rollers,
concrete hauling motor vehicles, pavement breakers, bulldozers, crawler -tractors, rotatory
drills and augers, cranes, ditchers, trenchers, scrapers, wagons, pumps, compressors,
pneumatic power equipment, or other mechanical apparatus operated by fuel or electric power
in the construction, repair or demolition of any building, structure, land, street, alley,
waterway, or appurtenance thereto.
(3) Continuous noise shall mean the equivalent continuous A -frequency weighted sound
pressure level per American National Standards Institute (ANSI) Section 1.43-1997 (R 2007),
taken over a thirty-second time interval.
(4) db(a) shall mean a measure of sound pressure level in decibels on the A- weighted
scale.
(5) Decibel meter shall mean an instrument to measure decibels which meets or exceeds
American National Standards Institute (ANSI) Section 1.43-1997 (R 2007) standards for type
2 special meters and is capable of measuring the equivalent continuous A -frequency weighted
sound pressure level per ANSI S 1.43-1997 (R 2007). These devices will be rechecked once a
year for accuracy.
(6) Domestic power equipment shall mean any equipment or device used for routine home
or building repairs and grounds maintenance.
(7) Device shall mean any mechanism which is intended to produce or which
actually produces sound when operated or handled.
(8) Noise shall mean any sound which exceeds the prescribed decibel levels, at a time and
location described in this section.
Ordinance No. 1443
Page — 2 —
(9) Person shall mean and include any individual, corporation, association, partnership or
limited partnership.
(10) Property line. The boundary lines distinguishing ownership or the common wall of a
townhouse, condominium, or leased premises.
(11) Residential district shall have the same meaning as in the zoning ordinance of the City,
including residential/agriculture districts (RA), low density single-family residential districts
(R-1), medium density single family residential districts (R-2), high density single-family
residential districts (R-3), low density multi -family residential districts (R-4), and high
density dwelling residential districts (R-5), or established by future zoning ordinances as
residential.
(12) Sound shall mean that which is or can be heard, or particularly a temporal and spatial
oscillation in pressure, or other physical quality, in a medium with internal forces that cause
compression and rarefaction of that medium and which propagates at finite speed to distant
points.
(13) Sound -amplifying equipment shall mean any machine or device for the amplification of
the human voice, music, or any other sound or noise.
(c) Noise in residential districts restricted.
(1) Generally. It shall be unlawful for any person to use, operate, or permit to be used or
operated, any device, radio, musical instrument, television, phonograph, drum, sound
amplifying equipment or device which produces or reproduces sound, either stationary or
mobile, in such a manner so as to create any continuous noise which exceeds 85db(a) during the
hours of 6:00 a.m. until 10:00 p.m. and 50 db(a) during the hours from 10:00 p.m. until 6:00
a.m. at the corner of residence nearest the source of the sound within a residential district or
upon any public street or right-of-way within, or bordering upon, any residential district within
the corporate limits of the City.
(2) Loud or raucous sounds or noises. It shall be unlawful for any person to willfully make
or cause a continuous noise which disturbs the peace or quiet of any residential district and
which exceeds 85 db(a) during the hours of 6:00 a.m. until 10:00 p.m. and 50 db(a) during the
hours from 10:00 p.m. until 6:00 a.m. at the corner of residence nearest the source of the sound
within a residential district or upon any public street or right-of-way within, or bordering upon,
any residential district within the corporate limits of the City.
Any person creating any such sound or noise as described in this section and/or anyone
permitting such a sound or noise to be created in, or emanate from, any premises under his/her
care, custody or control, shall be presumed responsible for any such sound or noise.
(d) Exceptions.
(1) Emergency and public work. Noise or sound created in the performance of public
service by governmental agencies or their contractors; or emergency work engaged in by
persons for the public safety, health or welfare; or to restore property to a safe condition
following a public emergency; or work to restore essential public services, including
construction activities directly related to the abatement of any emergency, shall not be subject
to the provisions of this section.
(2) Noises from authorized activities. The prohibitions of this section shall not apply to air
traffic at the H. L. "Sonny" Callahan Airport in Fairhope, Alabama; or any activities of a
temporary duration which are permitted by law and for which a license or permit has been
granted by the City including but not limited to parades, sporting events, concerts, arts and
crafts festivals, and fireworks displays.
Ordinance No. 1443
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(3) Sirens, horns and whistles. The provisions of this section shall not apply to any siren,
whistle, horn, or bell used by emergency vehicles or civil defense or used by motor vehicles
and boats as warning devices to avoid collisions.
(4) Bells or chimes. The provisions of this section shall not apply to any bell or chimes, or
any device for the production or reproduction of the sound thereof which are associated
with a clock of time keeping device, a church or school.
(5) Burglar alarm. The provisions of this section shall not apply to any burglar alarm or
security device, provided, however, no burglar alarm or security device shall sound for more
than fifteen (15) minutes after being activated.
(6) Construction activity or equipment. The provisions of this section shall not apply to
any construction activity or equipment operated between the hours of 7:00 a.m. to 7:00 p.m.
(7) Domestic power equipment. The provisions of this section shall not apply to any
domestic power equipment operated between the hours of 7:00 a.m. to 7:00 p.m.
(8) Vessels. The provisions of this section shall not apply to the operation of any motor
boat or vessel on any lake, river, stream or waterway.
(9) Motor vehicles. The provisions of this section shall not apply to the normal and usual
operation of motor vehicles.
Section 12-5. Sound trucks, etc.
It shall be unlawful for any person, by agent or otherwise, to operate on or along the streets,
sidewalks or other public places of the City or its police jurisdiction any vehicle with a
loudspeaker, phonograph, radio or other instrument of like kind or nature in operation when the
sound from such instrument can be heard in the buildings adjoining the street, sidewalk or other
place along which the vehicle containing the instrument is traveling.
Section 12-5.1. Noise generally.
(a) Noise prohibited.
(1) It shall be unlawful for any person to play, use or operate, or permit to be played,
used or operated, any radio, tape player, cassette player, compact disc player, or other
machine or device for reproducing sound, in or on any public property, including any
public street, road, building, sidewalk, or park, in such a manner that the sound
generated is plainly audible at a distance of twenty-five (25) feet or more from the source of
the sound.
(2) It shall be unlawful for any person to play, use or operate, any radio, tape player,
cassette player, compact disc player, or other machine or device for reproducing sound
in any motor vehicle on a street or highway in such a manner that the sound generated
in plainly audible at a distance of twenty-five (25) feet or more from the motor vehicle.
(3) Possession by a person or persons of any of the machines or devices enumerated above
shall be prima facie evidence that the person operates or those persons operate the machine
or device.
(b) Exceptions. The prohibition of this section shall not apply to:
(1) Any athletic event, cultural event or concert authorized by the City.
(2) Any noises or sounds produced by radios, sirens, or other equipment attached to, or
being operated by, any police, fire, rescue, or other emergency vehicles or personnel.
Ordinance No. 1443
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Section 12-5.2. Penalties for violations.
Any person violating any provision of Sections 12-3, 12-4, 12-5, or 12-5.1 of the City of
Fairhope Code of Ordinances shall first be warned that he/she is in violation of the City's Code
of Ordinances. And if found to be violating any provision of Sections 12-3, 12-4, 12-5, or 12-
5.1 of the City's Code of Ordinances within thirty (30) calendar days of the first warning, a
citation shall be issued for a first offense and shall be punished by a fine of not less than two
hundred dollars ($200.00). Subsequent or repeated violations shall subject the violator to arrest
and shall be punishable by a fine of five hundred dollars ($500.00) and/or six (6) months in the
Fairhope City Jail. Subsequent and repeated violations will result in arrest. Each violation shall
be a separate offense. The person in charge of the premises at the time of the violation shall be
deemed the person responsible for the violation under this article.
Section 2. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be
declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect
any other paragraphs and sections, since the same would have been enacted by the municipality
council without the incorporation of any such unconstitutional phrase, clause, sentence,
paragraph or section.
Section 4. This ordinance shall take effect on January 1, 2011after the date of its approval by
the City Council of Fairhope and publication as required by law.
ADOPTED THIS 27TH DAY OF DECEMBER, 2010
ATTEST:
isa A. anks, City Clerk