Listed below are the most common and relevant sections of the Nuisance Abatement Ordinances. For additional sections or clarification, please call the Building Department at 334-448-2740.
Chapter 13 Code of Alabama
13A-7-29 Criminal Littering
A person commits the crime of criminal littering if he:
- Knowing deposits in any manner litter on any public or private property or in any public or private waters, having no permission to do so; or
- Negligently deposits in any manner glass dangerously pointed or edged objects on or adjacent to water to which the public has lawful access for bathing, swimming or fishing, or on or upon a public highway, or within the right of way thereof; or
- Discharges sewage, oil products or litter from a watercraft vessel of more than 25 feet in length into a river, inland lake or stream within the state or within three miles of the shoreline of the state; or
- a. Drops or permits to be dropped or thrown upon any highway any destructive or injurious material and does not immediately remove the same or cause it to be removed; or
- b. Removes a wrecked or damaged vehicle from a highway and does not remove glass or other injurious substance dropped upon the highway from such vehicle.
- “Litter” means rubbish, refuse, waste material, garbage, dead animals or offal, paper, glass, cans, bottles, trash, scrap metal, debris or any foresight substance of whatever kind and description, and whether or not it is of value.
- It is no defense under subsections (a)(3) and (a)(4) of this section that the actor did not intend, or was unaware of, the act charged.
- Criminal littering is a Class C misdemeanor.
Code of Ordinances: Phenix City
Section 70-29 Unlawful deposits of garbage and trash
(a) No person shall place, or cause to be placed, upon the public streets, sidewalks, or alleys of the city any garbage, trash, refuse, or like matter so as to block the street, sidewalk or alley from its intended use (except as provided in this chapter).
(b) No person shall throw, place or dispose of any trash, litter, garbage, refuse or like matter upon the property of another person or property which is in the possession of another person.
(c) It shall be unlawful for any person, firm, or corporation to sweep or throw trash, garbage, garden trash, waster matter or other substance into the streets, alleys or on the sidewalks of the city or upon any property within the city not his own or under his control or in any waters lying within the city. It shall also be unlawful for any person, firm or corporation to allow garbage to remain exposed to flies on their premises.
(d) Placement. All garbage must be placed at the curbside within six feet of the street before 7:00 a.m. on the day scheduled for pick up. No garbage shall be placed at the curbside more than 24 hours prior to service. If trash and garbage are scheduled for collection on the same day, materials should be neatly placed in separate areas of the curbside. Empty containers shall be removed from the curbside within 12 hours after collection has occurred.
- Garbage receptacles shall be placed at ground level, within six feet of the roadway on the property of the residential unit or commercial establishment which has accumulated the garbage, and shall not be kept upon the city or public property or neighboring property not in the ownership or tenancy of the person or persons accumulating garbage, whether such neighboring property by vacant or improved except that it may be kept on the city right-of-way. Such placement shall be easily accessible for collection.
- Garbage shall be neatly placed to allow convenient passage of persons and vehicles on the roadway. At no time shall a receptacle or garbage container be placed in a street, drainage ditch, storm drain, gutter or near trees, power lines, street signs or near utility, cable, or telephone equipment. If garbage is placed near service equipment and damage occurs to said equipment owner shall be responsible for all necessary repairs of replacements.
- Ownership of and responsibility for garbage material shall remain with the producer until collected.
Section 70-68 Collection of grass leaves, trimmings, appliances and bulk items and construction debris
(a) Containerized grass, leaves and yard waste not exceeding 50 pounds in weight and trimmings and shrubbery cuttings not over six feet in length or four inches in diameter or 50 pounds in weight and originating on private premises from which the city removes garbage and trash for a service charge shall be placed in front of such premises for removal by the city without additional charge therefor; provided, however, not more than one 20-cubic yard-load per week shall be moved without charge on any one collection day. The charge for additional loads shall be based on the current collection rate schedule as approved by city council. In times of emergencies such as storms, etic. The city council may waive the costs for additional loads.
(b) Items over six feet in length, four inches in diameter, or 50 pounds in weight will be picked up by special collection. Arrangement for collection will be made with the public works office and charges will apply according to the current collection rate schedule as approved by city council.
(c) Bulk items such as electronics, appliances and tires shall be arranged for pickup with the public works office. Costs for collection and disposal shall be based upon the current collection rate schedule as approved by the city council.
Section 70-69 Placement of grass, leaves, tree trimmings, appliances and bulk items
(a) Items must be placed at the curbside behind the curb and within six feet of the street. If trash, garbage or other debris is scheduled for collection the same day, materials should be neatly placed in a separate area along the curbside. Any items not intended for collection must not be placed or located in the vicinity of the materials that are to be collected.
(b) Items shall be neatly placed to allow convenient passage of vehicles and persons on the roadway and sidewalk. At no time shall items be placed in the street, drainage ditch, storm drain, gutter, manhole, near trees, utility poles or pedestals, and any other utility equipment or structure. If items are placed near any of the locations set forth in subsection (a) of this section and damage occurs, the owner shall be responsible for all necessary repairs or replacements.
(c) Ownership of and responsibility for material shall remain with the producer until collected.
Section 70-70 Construction debris
It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition project to permit or allow to be permitted and maintain the accumulation of any construction and demolition debris on the site of any project before, during or after its completion. It shall be the duty of the owner, agent or contractor to have on site adequate receptacles for the containment of construction and demolition debris. All loose materials, such as packing paper, plastic bags and other materials that are subject to being windblown, shall be contained in a plastic trash bag or bundled and tied securely before being placed in the receptacle. The owner, agent and contractor shall be responsible for the removal and hauling off of said receptacles to the city’s C&D landfill or other approved landfill either personally or by the use of a private waste disposal company.
Section 70-71 Unlawful deposits of garbage, trash and C&D debris
(a) No person shall place or cause to be placed upon the public streets, sidewalks, or alleys of the city any garbage or any other sort of debris so as to block the street, sidewalk or alley from its intended use.
(b) No person shall throw, place or dispose of any garbage or other sort of debris upon the property of another person or property which is in the possession of another person.
(c) It shall be unlawful for any person to sweep, throw or deposit garbage, garden trash or any other sort of debris into the streets, alleys or on the sidewalks of the city, or upon any property within the city that is not his own or under his control or in any waterways or bodies (i.e., creeks, streams, ditches or lakes and ponds lying within the city). It shall also be unlawful for any person to allow garbage to remain exposed, on their premises, to the elements for public health reasons (i.e., noxious fumes and/or vermin).
(d) It shall be unlawful for any person to place or cause to be placed any uncontainerized leaves, pine straw or weeds at the curbside or street edge or on the right-of-way on any street within the city. Any uncontainerized leaves, pine straw or weeds placed at the curbside, right-of-way or street edge shall be removed by the limbs and debris division and a service charge based on the current fee schedule shall be billed to the owner or tenant where such unlawful accumulation has been removed.
Section 74-1 General obstructions
It shall be unlawful for any person to obstruct any of the streets, sidewalks, avenues, alleys, or public ways of the city without the written permission of the chief of police and only in cases of necessity.
Section 19 Signs and Outdoor Advertising
To regulate signs and outdoor advertising displays, to promote the use of signs to assist the public in its orientation within the City, to express the history and character of the City, to prevent the degradation of the aesthetic qualities of the City, and to promote the public safety by limiting the clutter of signage and its tendency to distract drivers of vehicles.
Political Signs. Signs may not be placed earlier than thirty days prior to the election date. Signs may not be placed in the public right-of-way; on any structures in the right-of-way, including utility poles and traffic signs; in road medians; or any property owned by the City of Phenix City or Phenix City Schools. Signs are limited in size to a maximum of thirty-two (32) feet. It is the candidate’s responsibility to ensure that the volunteers who distribute and erect political signs are doing so in compliance with these regulations. Signs must be removed within seven (7) days after the election.