Marion Ordinance Chapter 1

Chapter 1
GENERAL PROVISIONS
Sec. ·1-1. How Code designated and cited.
The ordinances embraced in the following chapters and
sections shall constitute and be designated the “Code of
Ordinances, City of Marion, Alabama,” and may be so
cited.
State law reference-Authority of city to provide for the revision and
codification of its ordinances and for the adoption of a code, Code of Ala.,
Tit. 37, § 461.
Sec. 1-2. Rules of construction and definitions.
In the construction ·of this Code, and of all ordinances and
resolutions passed by the city council, the following rules
shall be observed and the following definitions shall apply,
unless such construction would be inconsistent with the
manifest intent of the council:
Generally. The provisions of this Code shall be liberally
construed to effect the purposes expressed therein or implied
from the expression thereof. In case of doubt or ambiguity in
the meaning of such provisions, the general shall yield to
the particular. Reference for interpretation and construction
shall tend to further the accomplishment of the elimination
of the particular mischiefs for which the provisions where
enacted. Words shall be construed in their common and
usual significance unless the contrary is clearly indicated.
Bond. When a bond is required, an undertaking in writing
shall be required.
City. The words “the city” or “this city” shall mean· the
City of Marion, Alabama.
City council. The term ”’council» or “city council” 5hall
mean the City Council of the City of Marion, constituting
the governing body of the city.
City officers and departments. Whenever reference is
made to an officer or a department, it shall be construed as
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§ 1-2 MARION CODE
if followed by the words “of the City of Marion, Alabama.”
Reference to a specific officer shall include his authorized
deputies, agents and representatives.
Code. The term “this Code” or “the Code” shall mean the
Code of Ordinances, Marion, Alabama.
Code of Alabama. Wherever the “Code of Alabama” or the
“Alabama Code” is mentioned, it shall refer to the Code of
Alabama, 1940, as recompiled and amended.
Computation of time. The tinle in which an act is to be
done shall be computed by excluding the first and including
the last day, and, if the last day is Sunday or a legal holiday,
that shall be excluded.
County. The words “the county” or “this county” shall
mean the County of Perry, Alabama.
Gender; A word importing the masculine gender only
shall extend and be applied to females and to firms,
partnerships and corporations as well as to males.
In the city or within the city. The term “:in the city” or
“within the city” shall mean the corporate limits of the city
and the police jurisdiction thereof, except as otherwise
provided.
Joint authority. Words purporting to give authority to
three (3) or more officers or other persons shall be construed
as giving such authority to a majority of such officers or
other persons, unless it is otherwise declared.
Month. The word “month” shall mean a calendar month.
Number. ¥lords used in the singular include the plural
and the plural includes the singular.
Oath. The word’ “oath” shall be construed to include an
affirmation in all cases in which, by law, an affirmation
may be substituted for an oath, and in such cases, the words
“swear” and “sworn” shall be equivalent to the words
“affirm” and “affirmed.”
Owner. The word “owner,,” applied to a building or land,
shall include any part owner, joint owner, tenant in
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GENERAL PROVISIONS § 1-2
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common, joint tenant, or tenant by the entirety, of the whole
or of a part of such building or land.
Person. The word “person” shall include a corporation, a
firm, partnership, association, organization, or any other
group acting as a unit, or its or their agent or assignee, as
well as a natural person.
Personal property includes every species of property
except real property, as herein defined.
Police jurisdiction. The term “police jurisdiction” means
the territorial jurisdiction of the city outside of its corporate
limits.
Preceding, following. The words “preceding” and· “following”
mean next before and next after, respectively.
Property. The word “property” includes real and personal
property.
Real property. The term “real property” includes lands,
tenements and hereditaments.
Sidewalk. The term “sidewalk” shall mean a strip of land
in front of or on the sides of a building or lot of land, lying
between the property line. and the street.
Signature or subscription. A “signature” or “subscription”
includes a mark when the person cannot write.
State. The words “the state” or “this state” shall be
construed to mean the State of Alabama.
Street. The word “street” shall be construed to embrace
streets, avenues, boulevards, roads, alleys, lanes, viaducts
and all other public ways in the city and shall embrace all
parts thereof within the designated right-of-way.
Tense. Words used in the present or past tense include the
future as well as the present and past.
Writing, written. The word “writing” or “written” shall
include printing on paper.
Year. The word “year” shall mean a calendar year. (Code
1916, § 328)
State law reference—.,Similar state law definitions, Code of Ala., Tit. 1,
§§ 1, 2.
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Sec. 1-3. Application of Code to corporate limits and
police jurisdiction.
Every section contained. in this Code, whether expressed
to apply “within the city” or “in the city,” or not so expressed,
shall apply, and have full force and effect, within the corporate
limits of the city and within the police jurisdiction
thereof and within the territorial limits of any property or
right-of-way owned by the city, wheresoever situated; provided,
that any such section shall not apply within said police
jurisdiction if expressed to apply within the “corporate”
limits of the city or if the violation thereof be expressly
exempted from the application of section 1-7 or if the same
cannot legally be made to apply in said police jurisdiction,
or if the same cannot physically apply in said police jurisdiction,
or if the same, otherwise than by use of such terms
as “in the city” or “within the· city,”· contains clear inherent
evidence of intent that it shall not apply in said police
jurisdiction.
Sec. 1-4. Police jurisdiction.
The police jurisdiction of the city shall extend over all
territory within its limits, and also over all adjoining
territory within one and· one-half (1%) miles of the city
limits; and all provisions of this Code and other ordinances
of the city for the enforcement of police and sanitary
regulations and prescribing fines and penalties for violation
thereof shall have force and effect in the lindts of the city,
in the police jurisdiction thereof, and on any property or
rights-of-way belonging to the city; however, the police
jurisdiction of the city may not be extended to embrace
territory within the confines of other municipalities.
State law references-Similar provisions, Code of Ala., Tit. 37, § 9;
police jurisdiction over lands belonging to city, Code of Ala., Tit. 37, § 477.
Sec. 1-5. Catchlines of sections.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate
the contents of the sections and shall not be deemed or
taken to be the titles of such sections, nor as any part of the
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GENERAL PROVISIONS § 1-8
sections, nor, unless expressly so provided, shall they be so
deemed when any of such sections, including the catchlines,
are amended or reenacted.
Sec. 1-6. Parenthetical and reference matter.
The matter in parentheses at the ends of sections is for
information only and is not a part of the Code. Citations to
the 1916 Code of the city (Code 1916) and to later ordinances
indicate only the source, and the text mayor may not be
changed by this Code. Reference matter not in parentheses
is for information only and is not a part of this Code.
Sec. 1-7. General penalty; continuing offenses.
Any person, firm or corporation committing an offense
within the corporate limits of the City of Marion, Alabama,
or within the police jurisdiction thereof, which is in violation
of an ordinance of the City of Marion, Alabama, now existing
or hereafter enacted, shall, upon conviction, be punished
by a fine of not less than one dollar ($1.00) nor more than
five hundred dollars ($500.00). In addition thereto, any per.
son so convicted may be imprisoned or sentenced to hard labor
for the City of Marion, Alabama, for a period not exceeding
six (6) months, at the’ discretion of the court trying the
case. Provided, however, that no penalty shall consist of a
fine or sentence of imprisonment exceeding the maximum
fine or sentence of imprisonment established under state law
for the commission of substantially similar offenses. Each
day’s violation of this Code or of any ordinance shall constitute
a separate offense. (Code 1916, §§ 45, 320; Ord. No. 77-7, § 1,
11-17-77)
Editor’s note-Ord. No. 77-7, § 1, adopted Nov. 11, 1977, did not
expressly amend the Code; codification herein as superseding former
§ 1-7 is at the discretion of the editor.
State law reference-Penalties which may be imposed for violations of
ordinances, Code of Ala. 1975, § 11.-45-9.
Sec. 1-8. Use of fines, penalties, etc.
All fines, penalties, forfeitures and recoveries for violation
of any provision of this Code, law, or ordinance of the city
shall be for the use and benefit of the city unless otherwise
expressly provided.
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Sec. 1-9. Apl11eaI from judgment of conviction for a violation
of ordinance.
If not oth4~rwise provided by law, an appeal to the circuit
court, or court of like jurisdiction of the county will lie from
a judgment of conviction for a violation·· of ~,n .ordinance of
the city. Sue~ appeal shall be taken within five (5) days
after the rendition of such  judgment, and shall be governed
in all respects by the laws regulating appeals from judgments
of lower courts in criminal cases.
State law references-Similar provisions, Code of Ala., Tit. 37, § 464;
justice courts, Code of Ala., Tit. 13, § 506 et seq.
Sec. 1-10. Altering Code.
It shall be unlawful for any person to change or amend by
additions or deletions, any part or portion of this Code, or to
insert or delete pages, or portions thereof, or to alter or
tamper with this Code in any manner whatsoever which
will cause the~ law of the city to be misrepresented thereby.
Sec. 1-11. Effect of repeal of ordinance.
The repeal of an ordinance shall not revive any· ordinances
in force before or at the time the ordinance repealed took
effect.
The repeal of an ordinance shall not affect any punishment
or penalty incurred before the repeal took effect, nor any
suit, prosecution or proceeding pending at th,~ time of the
repeal, for an offense committed or cause of action arising
under the ordinance repealed.
Sec. 1-12. Severability of parts o1~ Code.
The .section:~, paragraphs, sentences, clauses and phrases
of this Code are severable, and if any phrase, clause, sentence,
paragraph or section of this Code shall .be declared
unconstitutional by the valid judgment or decree of a court
of competent jurisdiction, such uIlconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this Code.
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