(a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack.

Attorney's Note

Under the Alabama Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Violationup to 30 daysup to $200
For details, see Ala. Code § 13A-5-7
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Terms Used In Alabama Code 45-49-151.40

  • circuit: means judicial circuit. See Alabama Code 1-1-1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
(b) No person shall construct or operate a racetrack, for any purpose, in any area of the county within 1,000 yards of the location of the residence. Any person who violates this section shall be guilty of a public nuisance.
(c)

(1) This section shall be enforced by the Mobile County Commission.
(2) 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 subdivision, 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.
(d) This section shall not be applicable for any existing racetrack in operation on May 28, 1996.
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