GOOD HOPE, Ala. – The Good Hope City Council agreed Monday night to seek the Attorney General’s opinion regarding a portion of County Road 469 and who is responsible for its upkeep.
One side of the road is inside the city limits of Good Hope. In 2012, a parcel on the other side of County Road 469 was annexed by the City of Cullman from Cullman County. The resolution passed Monday night states, “By State law, once a municipality annexes across the road, the road then becomes a city street. In this case, no municipality annexed across the road.”
The council had the first reading of a proposed ordinance (017-2021) which addresses several issues, including pharmacies, manufactured home sales and fireworks.
The ordinance, if passed, would be, “prohibited for any pharmacy to be located within 1,000 feet of any other pharmacy unless divided by a four-lane highway.”
The ordinance would also limit the number of manufactured home sales lots by prohibiting, “any mobile home sales lot business to be located within 1.5-mile radius of any siting licensed manufactured homes sales lot business.” Limitations would also be placed on business licenses issued for the manufactured home sales businesses.
Fireworks are also addressed in the proposed ordinance making it unlawful for “any person to have, keep, store, use, manufacture, sell or handle within the city or its police jurisdiction any pyrotechnics except as otherwise provided in the article.”’ Exceptions include existing business license holders as long as there is no lapse in their business license. Pyrotechnic displays would require a permit.
Find the ordinance in full below:
PROPOSED: ORDINANCE NO: 017-2021
DISTANCING OF BUSINESSES PERTAINING TO PHARMACY’S AND MANUFACTURED HOMES SALES AND PROHIBITING PYROTECHNICS WITHIN THE CORPORATE LIMITS OF THE CITY OF GOOD HOPE
BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
GOOD HOPE, ALABAMA, AS FOLLOWS:
PHARMACY’S: It shall be prohibited for any pharmacy to be located withing 1,000
feet of any other pharmacy unless divided by a four-lane highway.
MANUFACTURED HOME SALES LOTS: (A) Current existing business license
holders within city limits, provided that such business shall purchase and maintain a current city
business license with no lapse therein; but at such time as there is a lapse in the business license
then there shall not be another license issued. (B) It shall be prohibited for any mobile home
sales lot business to be located within 1.5 (one-and-a-half) mile radius of any existing licensed
manufactured home sales lot business, as described in Section 4 of Ordinance Number 007-2013.
FIREWORKS:
FIREWORKS DEFINITIONS
As used in this chapter, the term “pyrotechnics” means any:
(1) Sparkler
(2) Squib
(3) Rocket
(4) Firecracker
(5) Roman candle
(6) Fire balloon
(7) Signal light
(8) Railroad track torpedo
(9) Flashlight composition
(10) Fireworks or
(11) Other device or composition used to obtain a visible or audible pyrotechnic display.
Section 1. It shall be unlawful for any person to have, keep, store, use, manufacture, sell or
handle within the city or its police jurisdiction any pyrotechnics except as otherwise provided in
this article.
Exception: (A) Current existing business license holders within city limits, provided
that such business shall purchase and maintain a current city business license with no lapse
therein; but at such time as there is a lapse in the business license then there shall not be another
license issued. (B) it shall be prohibited for any pyrotechnic business to be located within
1.5 (one-and-a-half) mile radius of any existing licensed pyrotechnic business, as described in
Section 4 of Ordinance Number 007-2013.
Section 2. Pyrotechnics Display
(a) The city may, upon due application, issue a permit to a properly qualified person with
a state permit for public display; for giving a pyrotechnic display of fireworks in the public parks
or other open place within the city.
(b) An application for permit shall be made not less than 30 days prior to the planned date
of display to the city clerk and must be accompanied by proof of approval of and issuance of
permit for the proposed display by the state fire marshal.
(c) Upon receipt of an application for permit hereunder with the proper supporting
documentation, the clerk shall provide a copy thereof to the fire chief. The fire chief shall submit
their recommendation regarding approval or denial of the application to the clerk within seven
days from the date the application is received by them. A recommendation for denial shall
include a statement of the reason for denial.
(d) If the recommendation of the fire chief is to approve the application, the clerk shall
schedule the application for hearing before the city council at its next regularly scheduled
meeting. If the recommendations of the fire chief is for denial of the application, the clerk shall
notify the applicant and provide to the applicant the recommendations for denial including the
reason, therefore.
(e) Upon notification of denial, the applicant may submit a corrected application for
display or may appeal the recommendation of the fire chief, or both, to the city council by
notifying the city clerk, who shall place the appeal on the agenda for the next regularly scheduled
council meeting.
(f) Any permits issued pursuant to this section shall impose such restrictions as in the
opinion of the fire chief and may be necessary to properly safeguard life and property in each
case.
(g) The fee for issuance of a fireworks display permit shall be as provided in the city fee
schedule.
(h) At such time as the permittee under this section has set up the fireworks for the
planned display, he shall notify the fire chief, who shall inspect the setup and give approval for
the event to proceed or advise the permittee of any corrective action that must be taken before
approval for the event will be given. If the corrective actions cannot be completed, the display
must be cancelled, and the permit issued therefor shall become null and void.
Section 3. Signage
Under Alabama Code Section 23-1-6, signs, markers and advertising on the rights-of-way of
state-controlled highways are prohibited except those official signs or markers placed in the right
of way by the State Department of Transportation or under its authority. In other words, Alabama
state law allows only authorized regulatory signs or signs that the Alabama Department of
Transportation (DOT) gives special permission for to be placed in road’s right of way. Any
object placed in the right of way that does not have special permission from the DOT is illegally
placed.
Section 4. Penalty
Any individual, firm, partnership, corporation or other entity violating any provision of this ordinance
shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more that $500 or imprisoned for not more than six (6) months, or both, in the discretion of the court.
Section 5. Severability
Should any section or provision of this ordinance be held invalid, such holding shall not affect
the validity of any other section or provision hereof.
Section 6. Effective Date
This ordinance shall become effective upon its adoption and publication as required by
law and shall supersede and repeal all ordinances in conflict herewith.
The next reading will take place when the council meets again Monday, Sept. 13.
Good Hope City Council meets on the second and fourth Monday of each month at 6:30 p.m. at Good Hope City Hall. The public is invited to attend.
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