Birmingham's Public Conduct: The Rules That Matter

Every city handles public conduct a little differently. In Birmingham, Alabama, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Outdoor Smoking Restrictions

Birmingham bans smoking within 7 feet of prohibited-smoking buildings, in outdoor restaurant/bar seating on public property, and within 30 feet of arena bleachers, and establishes a downtown 'health district' banning outdoor smoking on its streets, sidewalks and parks entirely.

Key details: Buffer from entrances: 7 feet (Sec. 11-9-10(e)(1)). Buffer from bleachers/grandstands: 30 feet. Health district effective date: December 1, 2019. Individual smoker fine: $50.00 per violation. Business first-violation fine: $100.00, rising to $500.00.

Sec. 11-9-10(k) makes an individual smoker's violation punishable by a $50.00 fine, treated like a traffic violation. A business owner, manager or operator who fails to comply faces $100.00 for a first violation, $200.00 for a second within one year, and $500.00 for each additional violation within that year, plus possible suspension or revocation of the establishment's permit or license; each day of violation is a separate offense.

This is not one of those rules that cities tend to ignore. Birmingham actively enforces its outdoor smoking restrictions requirements.

Skateboarding Rules

Skateboarding, roller skating and similar wheeled recreation are banned outright inside Linn Park and Kelly Ingram Park, Birmingham's two downtown civic parks, plus the sidewalks bordering them. City Code § 4-2-14 doesn't touch skateboarding elsewhere in the city; a related sidewalk law bans rollerskating in the downtown 'loop' business district and near churches during services.

Key details: Governing section: City Code § 4-2-14. Banned parks: Linn Park and Kelly Ingram Park. Also covered: Sidewalks abutting both parks. Related rule: § 4-5-34 bans rollerskating in downtown loop. Adopted: Ord. No. 96-137, July 9, 1996.

Skating on a skateboard, roller skates or similar device inside Linn Park, Kelly Ingram Park, or their abutting sidewalks is a misdemeanor punishable under the general penalty in § 1-1-6: a fine up to $500.00, up to six months in jail, or both, with each day of continued violation charged as a separate offense. The § 4-5-34 loop-area rollerskating ban carries the same general penalty.

This is one of the stricter rules in Birmingham's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Loitering Rules

Birmingham makes it a crime to loiter or wander in a public place for begging, gambling, or soliciting prostitution or deviate sexual intercourse, or to loiter in a bus or transit facility to solicit unauthorized sales. The offense reaches conduct in any place the public has substantial access to, not just streets and sidewalks.

Key details: Begging prong: Wandering a public place to beg. Gambling prong: Loitering for the purpose of gambling. Solicitation prong: Prostitution or deviate sexual intercourse. Transit prong: Unauthorized sales in transportation facilities. Penalty: Up to $500 fine or 6 months.

Loitering under Sec. 11-6-14 carries no chapter-specific fine, so it is punished under the city's general penalty, Sec. 1-1-6: a fine not exceeding $500.00, imprisonment in the city jail, workhouse or house of correction, or hard labor for up to six months, or both, at the municipal court's discretion.

Jaywalking

Birmingham requires pedestrians crossing outside a marked crosswalk to travel by the shortest, right-angle route to the opposite curb, and to use the right half of any crosswalk. Pedestrians must also obey traffic control signals, making mid-block diagonal crossing a ticketable offense.

Key details: Right-angle rule: Sec. 10-12-3 outside crosswalks. Crosswalk position: Right half required, Sec. 10-12-2. Signals apply: Pedestrians subject to traffic signals. State law mirror: Ala. Code Sec. 32-5A-210 to -214. Penalty: Up to $500 fine or 6 months.

Violating Sec. 10-12-3 is punished under the general penalty, Sec. 1-1-6: a fine not exceeding $500.00, imprisonment in the city jail, workhouse or house of correction, or hard labor upon the streets or public works for up to six months, or both. Officers commonly cite jaywalking following a near-miss or collision investigation rather than on sight alone.

If you are coming from a city with tighter rules, you will find Birmingham gives residents more flexibility on jaywalking.

Public Alcohol Use

Birmingham bans drinking liquor, wine, malt, or brewed beverages in any public place other than a licensed liquor or beer establishment. Section 12-10-9 extends that licensed-place exception to outdoor cafes the city council has specifically authorized by resolution, but anywhere else, open or unconcealed possession for drinking is itself unlawful.

Key details: Prohibited: drinking liquor/wine/beer in public. Exception: licensed liquor or beer place. Exception: council-authorized outdoor cafe. Penalty: up to $500 and/or 6 months (§ 1-1-6). Enforced by: Birmingham Police Department.

Drinking or carrying an open container of liquor, wine, malt, or brewed beverage in a public place outside a licensed liquor or beer establishment (or a council-authorized outdoor cafe) is punishable under the Code's general penalty, § 1-1-6: a fine up to $500, up to six months in jail or hard labor upon the streets, or both, and each day of a continuing violation counts as a separate offense.

Compared to other cities, Birmingham takes a harder line on public alcohol use. The enforcement and penalty structure reflects that.

Aggressive Panhandling

Birmingham bans begging in an aggressive manner, within 30 feet of ATMs and business entrances, from drivers in traffic, in groups of two or more, or with profane language or physical contact. Passive sign-holding is exempt. Violations carry the Code's general fine up to $500 and up to six months in jail.

Key details: Governing chapter: City Code Ch. 14, Art. B, §§ 12-14-11 to 12-14-16. ATM/business buffer: 30 feet. Group begging: Two or more people banned. After-dark begging: Banned sunset to sunrise. Maximum penalty: $500 fine and/or 6 months jail.

No dedicated penalty section applies to Chapter 14, so enforcement runs through the Code's general penalty, Sec. 1-1-6: a fine of up to $500.00, imprisonment in the city jail or at hard labor for up to six months, or both, upon conviction. Each violation is a separate offense, and Birmingham Police Department officers cite or arrest for conduct captured under Sec. 12-14-11 through 12-14-14.

This is one of the stricter rules in Birmingham's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Birmingham is tougher than many cities when it comes to public conduct. Out of the 6 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Birmingham, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Birmingham's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.