Montgomery Ordinances: Severability & Enforceability

General Governance and Administration Alabama 3 Minutes Read · published February 10, 2026 Flag of Alabama

In Montgomery, Alabama, municipal ordinances include severability provisions and varied enforceability rules that determine what happens if a court finds part of an ordinance invalid. This guide explains where severability language appears in the City code, how enforcement and penalties are applied, the agencies that enforce city rules, practical steps to challenge or comply with an ordinance, and where to find permits and forms. For official ordinance text consult the City of Montgomery code distributor and the city departments that handle permits and enforcement[1].

Penalties & Enforcement

Severability clauses allow the remainder of an ordinance to stay in force if a portion is struck down; they do not themselves create penalties. Penalties, enforcement mechanisms, and escalation are set within each ordinance chapter or section. If a chapter sets fines or other sanctions those amounts and escalation rules are shown in the specific ordinance text; consolidated fine tables are not provided on the general severability page cited here[1].

Severability preserves enforceable provisions even when one part is invalidated.
  • Fine amounts: not specified on the cited page; amounts are set per ordinance chapter and vary by violation.
  • Escalation: some ordinances specify progressive fines or daily continuing penalties; where unspecified, escalation details are in the individual ordinance text.
  • Non-monetary sanctions: common tools include abatement orders, stop-work orders, license suspension, civil injunctions, property liens, or referral to Municipal Court.
  • Enforcer: departments such as Code Enforcement, Building Inspections, Police, and Licensing carry out enforcement and may refer matters to Municipal Court.

Inspection and complaint pathways vary by subject: housing and property complaints go to Code Enforcement or Building Inspections; business licensing and permit violations go to Licensing or Planning & Development; noise, parking, and public-safety matters often involve Police or Parking Enforcement. Appeal routes commonly proceed to the Municipal Court or to administrative hearing processes identified in the specific ordinance; explicit time limits for appeals are set in those provisions and are not consolidated on the general code page cited here[1].

Applications & Forms

Many enforcement outcomes can be prevented by obtaining required permits or approvals. Building permits, business licenses, zoning variances, and special-event permits are examples. Where a form is required, the department publishing the permit provides the application, fee schedule, and submission method; if a specific form number or fee is not published on the department page, state "not specified on the cited page" and contact the department for current rates.

Always check the specific chapter of the City code and the responsible department for current forms and fee schedules.
  • Building permits: apply via the Planning & Development or Building Inspections office; fees and submission instructions appear on the permitting page of the city.
  • Business licenses and zoning variances: applications are handled by Licensing and Planning; specific form names and fees are provided by those departments.
  • Complaints and referrals: most departments provide an online complaint form or contact details for intake.

Common Violations

  • Property maintenance violations (overgrown lots, structural hazards) — enforcement usually leads to abatement orders and fines.
  • Parking and right-of-way violations — citations, towing, and fines may apply.
  • Building without a permit — stop-work orders, required permit application, and fines or retrofit orders.
Failure to comply with an abatement or order can result in additional fines or court enforcement.

FAQ

What is a severability clause and why does it matter?
A severability clause states that if a court invalidates part of an ordinance, the rest remains effective unless the remaining provisions cannot stand independently.
Where can I read the actual ordinance language?
Official ordinance texts are published in the City code accessible via the municipal code publisher; consult the city code for the precise wording of severability and enforcement provisions.[1]
How do I appeal a municipal citation?
Appeals and review procedures depend on the ordinance; many violations are appealed through Municipal Court or an administrative hearing process identified in the ordinance text.

How-To

  1. Identify the exact ordinance chapter and section that applies to your situation by searching the City code.
  2. Obtain any required permits or file applications with the responsible department to cure compliance issues.
  3. If cited, consult the citation for appeal instructions and file within the time limit specified in that ordinance or citation.
  4. Contact the enforcing department early to discuss mitigation, payment plans, or administrative remedies.
Document communications and keep copies of permits and submitted forms to support compliance or appeal arguments.

Key Takeaways

  • Severability keeps valid provisions enforceable even if part of an ordinance is struck down.
  • Penalties and appeals are defined per ordinance; check the specific chapter for amounts and time limits.

Help and Support / Resources

  1. [1] City of Montgomery Code of Ordinances - Municode

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