Alabama § 45-58-170.02 - Noise Levels; Public Nuisances.

(a) This section is adopted partially pursuant to Amendment 707 to the Constitution of Alabama of 1901, now appearing as Section 58–3.00 of the Constitution of 2022.

(b) The purpose of this section is to protect and to provide for the health, safety, and welfare of the citizens of Shelby County by authorizing the Shelby County Commission to adopt ordinances or resolutions, and to amend and enforce the same, to limit and restrict noise levels and to authorize the prohibition, regulation, limitation, and control of public nuisances caused by noise levels as declared or determined to be appropriate by the Shelby County Commission to minimize the exposure of the citizens of Shelby County to the physiological and psychological dangers of excess noise and to protect, pro-mote, and preserve the public health, safety, and welfare, and to control the levels of noise in a manner which promotes commerce, the use, value, and enjoyment of property, sleep and repose, the quality of life, and the quality of the environment.

(c) The Shelby County Commission may adopt ordinances or resolutions, and may amend the same to prohibit excess noise, to regulate, limit, and control noise levels within the unincorporated areas of Shelby County, and to control public nuisances caused by noise levels within the county, which ordinances and resolutions shall be enforceable in any court of competent jurisdiction within the state. Notwithstanding the foregoing, no ordinance may be adopted to restrict noise produced in the ordinary course of business by an industrial or manufacturing facility operating in the county, nor shall such powers be exercised to restrict activities within an area designated as an industrial park under Chapter 23 or Chapter 92 of Title 11; provided further that such powers shall not be exercised to restrict activities of a utility regulated by the Public Service Commission or any entity engaged in the generation, transmission, or distribution of electric power.

(d) The Shelby County Commission, by ordinance or resolution, may prohibit excess noise, may prevent, restrict, modify, control, and make illegal excess noise, and may control, regulate, and prohibit public nuisances created by excess noise or noise which the Shelby County Commission deems not in the best interest of public health, safety, and welfare. Notwithstanding the foregoing, no ordinance may be adopted to restrict noise produced in the ordinary course of business by an industrial or manufacturing facility operating in the county.