Code of Alabama - Title 45: Local Laws - Section 45-49-151.41 - Limitation on construction or operation of racetrack outside Prichard and Saraland

Section 45-49-151.41 - Limitation on construction or operation of racetrack outside Prichard and Saraland.

(a) This section relates only to Mobile County and only to lands located outside of the municipalities of Prichard and Saraland.

(b) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, on lands located outside of the municipalities of Prichard and Saraland that has five or more residences within 1,000 yards of the location for the race track.

(c) No person shall construct or operate a racetrack, for any purpose, on lands located outside of the municipalities of Prichard and Saraland that has five or more residences within 1,000 yards of the location for the racetrack. Any person who violates this section shall be guilty of a public nuisance.

(d) This section shall be enforced by the Mobile County Commission.

(e) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any violation of this section. In any action pursuant to this section, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating a public nuisance declared by this section, including attorney's fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance.

(f) This section shall not be applicable for any existing race track in operation on June 14, 2007.

(Act 2007-496, p. 1054, §§ 1-6.)

Last modified: May 3, 2021