The bill amends Section 6-5-122 of the Code of Alabama 1975 to enhance the ability of municipalities and public institutions of higher education to address public nuisances. The new language allows these entities to initiate actions to abate or enjoin nuisances that are harmful to community health, morals, comfort, or welfare. Notably, the bill specifies that if a public nuisance arises from an event that was not properly permitted, the court is required to order those involved in promoting or organizing the event to compensate the local governing authority for expenses related to the nuisance's abatement, including public safety and sanitation services. Additionally, the court will award costs and reasonable attorney fees to the prevailing plaintiff.

The bill also clarifies that property owners, business owners, property managers, or landlords who are not involved in promoting the event cannot be held liable for actions taken under this new provision. This amendment aims to provide clearer guidelines for addressing public nuisances while protecting those who are not directly responsible for the events that lead to such nuisances. The act is set to take effect immediately upon passage.

Statutes affected:
Introduced: 6-5-122, 6-5-122
Engrossed: 6-5-122, 6-5-122