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HB564 INTRODUCED
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HB564
W1J4L9E-1
By Representative Givan (N & P)
RFD: Jefferson County Legislation
First Read: 03-Mar-26
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W1J4L9E-1 11/06/2025 JWB (L)JWB 2025-3294
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First Read: 03-Mar-26
A BILL
TO BE ENTITLED
AN ACT
Relating to Jefferson County; to authorize the
Jefferson County Commission to adopt an ordinance prohibiting
noise disturbances in unincorporated residential areas of the
county; to define "noise disturbance"; and to provide for
collection of civil fines for violations of the ordinance.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) BOUNDARY LINE. Any line that distinguishes
ownership or possession of real property, including a survey
line separating lots, or a common wall or ceiling or floor
within a building with more than one dwelling such as a
duplex, condominium, apartment, or townhouse, and extending
outside to any feature such as a fence, hedge, path or
walkway, or ditch that is shared by at least two dwellings.
(2) dBA. Sound level as measured by A-weighted decibel
units.
(3) NOISE DISTURBANCE. a. Any of the following
conditions:
1. When an individual plays any electronic device for
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1. When an individual plays any electronic device for
emitting sound in any of the following ways:
(i) The source of the sound is in a moving or
stationary vehicle, and the volume is plainly audible at a
distance of 25 feet or more from the source of the sound.
(ii) The source of the sound is on any road, street,
sidewalk, parking lot, park, or common area, and the volume is
plainly audible at a distance of 25 feet or more from the
source of the sound.
(iii) The volume is plainly audible across at least one
boundary line from the source of the sound.
2. When an individual, having the right to control the
source of the sound, causes or permits the sound to continue
for one minute or more such that the sound measures at the
boundary line nearest its source at the following levels:
(i) At 70 dBA or more between the hours of 8:00 a.m.
and 8:00 p.m.
(ii) At 50 dBA or more between the hours of 9:00 p.m.
and 6:00 a.m.
3. When an individual in control of a vehicle causes or
permits the sound from the vehicle to continue for one minute
or more such that the sound measures at 70 dBA or more at the
exterior of the vehicle.
4. When an individual in control of a vehicle that has
been modified to amplify or increase the sound emitted by the
mechanical components of the vehicle causes or permits the
sound to continue for one minute or more such that the sound
measures at 70 dBA or more in the area surrounding the
vehicle.
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HB564 INTRODUCED
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vehicle.
5. When an individual, having the right to control the
source of the sound, causes or permits any sound between the
hours of 8:00 p.m. and 8:00 a.m., which is not continuous but
repeats at intervals within a period of at least one-half hour
such that a reasonable individual located across at least one
boundary line from the source would be disturbed in the
enjoyment of his or her property.
6. When an individual who owns or controls a dog
permits the dog to be outdoors and bark continuously for 10
minutes or more.
b. The term does not include any of the following sound
sources:
1. Any equipment operated by any police, fire
department, rescue squad, ambulance, or other emergency
response service.
2. Any school-related activity, including sound
incidental to the start and end of a school day, recess, bells
and alarms, athletic training, a band, an orchestra, a dance,
a concert, or a sporting event.
3. Any construction-related activity, including
demolition, excavation, filling, grading, delivery of
materials, operation of machinery and power equipment, and
building, assembly, and installation.
4. Any home or vehicle security system or alarm,
provided that the individual in control of the system or alarm
silences the system or alarm as soon as is reasonably
possible.
5. Any lawn mower or domestic power tool operated
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5. Any lawn mower or domestic power tool operated
between the hours of 6:00 a.m. and 9:00 p.m.
6. Any electric generator in the case of a power
outage.
7. Vehicle traffic, aircraft, and trains.
8. Any lawful public gathering or rally, including live
music or amplified sound.
9. Garbage and recycling collection.
(4) RESIDENTIAL AREA. Any real property within an area
that has a zoning classification beginning with 'R-'.
Section 2. (a) The Jefferson County Commission may
adopt for the residential area within Jefferson County and
outside of the corporate limits of any municipality an
ordinance that prohibits any noise disturbance in that area.
(b) The Jefferson County Commission may provide that a
violation of the ordinance shall be a public nuisance subject
to a civil fine, to be issued by citation by a law enforcement
officer or constable, of not more than two hundred dollars
($200) for the first violation, not more than six hundred
dollars ($600) for the second violation, and not more than one
thousand eight hundred dollars ($1,800) for the third
violation.
(c) The civil fine shall be considered a debt owed to
the Jefferson County Commission when it becomes final in one
of the following ways:
(1) Thirty days after issuance of the citation, unless
the person cited within that period requests a due process
hearing challenging the validity of the citation before the
Jefferson County Commission or a hearing officer designated by
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Jefferson County Commission or a hearing officer designated by
the Jefferson County Commission.
(2) Thirty days after the due process hearing concludes
with an order upholding the validity of the citation, unless
the person cited within that period files an appeal in the
Circuit Court of Jefferson County for a hearing de novo on the
validity of the citation.
(3) Immediately upon the issuance of an order of the
Circuit Court of Jefferson County concluding that the citation
is valid.
(d)(1) The Jefferson County Commission may enforce a
final civil fine by civil action in the same manner as any
other debt. The individual owing the fine shall be liable for
all costs, including court costs and attorney fees, if a civil
action is necessary to collect the fine.
(2) The Jefferson County Commission may commence a
civil action in the Circuit Court of Jefferson County to abate
or enjoin any ongoing or persistent violation of either
ordinance. The person cited shall be assessed all costs of
abatement, including court costs and attorney fees.
Section 3. This act shall become effective on October
1, 2026 .
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