Code of Alabama - Title 11: Counties and Municipal Corporations - Section 11-45-4 - Veto of ordinances and resolutions, and passage over veto generally

Section 11-45-4 - Veto of ordinances and resolutions, and passage over veto generally.

(a) Except as provided in subsection (b), if the mayor shall disapprove of any ordinance or resolution transmitted to him or her as provided in Section 11-45-3, within 10 days of the time of its passage by the council, he or she shall return the same to the clerk with his or her objections in writing, and the clerk shall make report thereof to the next regular meeting of the city council. If two thirds of the members elected to the council shall adhere to the ordinance or resolution notwithstanding the objections, the vote being taken by yeas and nays and spread upon the minutes, then the ordinance or resolution, after publication thereof, shall have the force of law, unless by its terms it was to take effect on its approval, in which event it shall take effect upon its passage over the veto. The failure of the mayor to return to the clerk an ordinance or resolution with his or her veto within 10 days after its passage by the council shall operate and have the same effect as an approval of the same, and the clerk shall publish the same as is provided in subsection (b) of Section 11-45-8 for the publication of laws and ordinances of the city.

(b) The mayor of a city or town who operates pursuant to Section 11-43-2 as it relates to the legislative functions of the mayor in cities and towns having a population of 12,000 or more but less than 25,000 inhabitants according to the last or any subsequent federal decennial census, may not exercise veto power pursuant to this section and his or her signature as the mayor may not affect the validity of an ordinance or resolution passed by the council while the mayor is a voting member of the council.

(Code 1907, §1186; Code 1923, §1902; Code 1940, T. 37, §458; Act 2018-281, §1.)

Last modified: May 3, 2021