Alabama § 45-51-170 - Storage and Accumulation of Junk, Inoperable Motor Vehicles, Litter; Licensing and Operation of Junk-Yards.

§ 45-51-170. Storage and Accumulation of Junk, Inoperable Motor Vehicles, Litter; Licensing and Operation of Junk-Yards.

(a) It shall be unlawful for the owner or other person in charge or control of a building, lot, junkyard, or other premises within the unincorporated territory of Montgomery County to fail to keep the lot, junkyard, or premises clean and free from garbage, refuse, litter, junk, debris, salvaged materials, household furniture, trash, used motor vehicle tires, inoperable motor vehicles, kitchen and other household appliances, rags, paper, cardboard, and other nondecorative matter including any materials within which water may accumulate or which may shelter or encourage the growth of insects or rodents, or materials which generate obnoxious odors, or which offend the aesthetics of the community and thereby cause a substantial diminution in the value of other property nearby.

(b) It shall be unlawful for any person to park, leave, or store upon any place or premises within the unincorporated territory of Montgomery County more than one motor vehicle which is not currently and validly registered and tagged as required by state law; provided, that this subsection shall not apply to a licensed business if such parking, leaving, or storing of such motor vehicle is a reasonably necessary incident in the operation of the business. Each day such condition is maintained shall constitute a separate offense.

(c)(1) No person shall establish, operate, or maintain a junkyard containing any items listed in subsection (a), but not limited to those items, any portion of such junkyard which is within 1,000 feet of the nearest edge of the right-of-way of any highway, without obtaining a county license to do so from the county commission. No such license shall be granted except for other appropriate means so as not to be visible from the highway.

(2) The county commission shall have the authority to issue licenses for the operation of junkyards within the limits defined in this section, and may revoke the licenses at any time a junkyard fails to conform to the requirements of this section, and shall charge therefor a fee of twenty-five dollars ($25), payable annually in advance. This fee shall be in addition to the twenty-five dollars ($25) license fee required under Section 23-1-244. All licenses issued under this section shall expire on January 1 following the date of issue. Licenses may be renewed from year to year upon payment of the requisite fee. Proceeds from such fees shall be deposited in the general fund of the county.

(d)(1) This section shall be enforced by the Montgomery County Commission through its county road division and the Montgomery County Sheriff’s Department.

(2) Any person found in violation of this section, upon conviction, shall be deemed guilty of a misdemeanor and shall be sentenced according to law.

(e) Nothing in this section shall be deemed to preclude any aggrieved person from filing a civil suit to have any such overgrowth, storage, and accumulations abated.