Code of Alabama - Title 45: Local Laws - Section 45-37-73 - Curfew regulation

Section 45-37-73 - Curfew regulation.

(a) The Jefferson County Commission may regulate and restrict the activity of minors under 17 years of age in the unincorporated areas of the county, by resolution or ordinance, in public places and establishments.

(b) The resolution or ordinance may include any one or more of the following:

(1) Definitions of certain words and terms and descriptions of the places and locations to which the regulation and restriction are applicable.

(2) The individuals who are responsible for violations, including parents and custodians of the minors, and the responsibility of owners, operators, managers, and employees of establishments.

(3) The regulated or restricted curfew hours and the days of the week when the curfew applies.

(4) A requirement to post notice of the curfew hours.

(5) The defenses or situations and activities which are excluded from the resolution or ordinance.

(c) A violation of the curfew established by ordinance or resolution pursuant to this section constitutes a public nuisance against the health, safety, and welfare of the citizens of Jefferson County. The resolution or ordinance shall be enforced by the sheriff of the county in the best interests of the citizens of Jefferson County. The sheriff may also notify the proper authorities of any truant student. The sheriff may commence a civil action in the name of the county in the Juvenile Court of Jefferson County, to abate or enjoin any responsible person or minor found in violation of the ordinance or resolution. The minor and, if applicable, the parents or legal guardian of the minor or other responsible person, shall be served with the notice to appear in the juvenile court to show cause why an injunction should not be issued against the responsible person, minor, parent, or legal guardian. The juvenile court may assess all costs against the responsible person, minor, parent, or legal guardian of abating a public nuisance declared by this section, including attorney fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance. Any responsible person, minor, parent, or legal guardian violating an injunction issued pursuant to this section may be assessed civil fines of increasing severity by the juvenile court in amounts to be set by the ordinance or resolution.

(Act 99-306, p. 414, §§1-3.)

Last modified: May 3, 2021