How Montgomery Handles Public Conduct: A Practical Guide

Montgomery maintains 101 local ordinances across all categories, and 4 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Montgomery falls on the strict-to-permissive spectrum compared to other cities.

Loud Party Ordinance

Montgomery treats a rental property as a 'disruptive residential rental property' and a public nuisance when loud music, boisterous gatherings, or other conduct that disturbs the neighborhood happens there. Sec. 18-286 lets code enforcement, police, or fire officials issue a written warning before seeking a municipal court summons against the owner or tenant.

Key details: Prohibited conduct includes: Loud music, boisterous gatherings, brawling. Requires: At least one written warning first. Warning window: Summons only if warned within 30 days. Owner defense: Eviction filed within 30 days of notice. Penalty: Fine $1.00-$500.00, jail, or hard labor.

A disruptive residential rental property violation under Sec. 18-289 is punished under section 1-6's general penalty: a fine of $1.00 to $500.00, up to six months in city jail, or hard labor, imposed after the required written warning under Sec. 18-287 and a municipal court hearing. An owner who starts eviction within 30 days has a defense under Sec. 18-290.

This is not one of those rules that cities tend to ignore. Montgomery actively enforces its loud party ordinance requirements.

Skateboarding Rules

Montgomery, Alabama's code doesn't use the word 'skateboard,' but City Code Sec. 27-12 bars anyone on roller skates or riding a coaster, toy vehicle or 'similar device' from going onto any roadway, except while crossing at a marked crosswalk with pedestrian rights and duties.

Key details: Covered devices: Roller skates, coasters, toy vehicles, similar devices. Prohibited: Going upon any roadway. Exception: Crossing at a marked crosswalk only. While crossing: Rider has pedestrian rights and duties. Origin: Ord. No. 54-72; Code 1980, § 25-23.

Sec. 27-12 does not set its own fine, so a violation is punished under Chapter 1's general penalty, Sec. 1-6: a fine of not less than $1.00 nor more than $500.00, imprisonment in the city jail for up to six months, hard labor for up to six months, or any combination, at the municipal judge's discretion. Each instance of unlawfully riding in the roadway is a separate offense.

Jaywalking

In Montgomery, Alabama's business districts, City Code Sec. 27-344 requires pedestrians to cross only in a crosswalk. Elsewhere, mid-block crossing is legal but Sec. 27-343 requires the pedestrian to yield the right-of-way to vehicles already on the roadway.

Key details: Business districts: Crosswalk crossing mandatory (Sec. 27-344). Elsewhere: Mid-block crossing legal, must yield (Sec. 27-343). Crosswalk etiquette: Use the right half (Sec. 27-341). Crossing angle: Shortest, right-angle route required off-crosswalk. State reference: Code of Ala. § 32-5A-210 et seq..

None of Sections 27-341 through 27-344 states its own fine, so a violation is punished under the general penalty in Sec. 1-6: a fine of not less than $1.00 nor more than $500.00, imprisonment in the city jail for up to six months, hard labor for up to six months, or any combination, at the municipal judge's discretion.

Public Alcohol Use

Montgomery, Alabama bans drinking or selling alcohol on streets, sidewalks, public buildings and public property citywide, including inside any vehicle on a public street. The ban lifts only inside a designated entertainment district or wherever a city permit specifically allows on-site consumption.

Key details: Governing section: City Code Sec. 3-10. Covers: Streets, public buildings, public property, vehicles. Exceptions: Entertainment district, permitted municipal areas. Enforcement: Montgomery Police Department. Amended by: Ord. No. 71-2012, Nov. 6, 2012.

Violating Sec. 3-10 is a misdemeanor prosecuted in Montgomery Municipal Court under the general penalty provision of City Code Sec. 1-6. Montgomery Police Department officers issue citations for open containers on streets, sidewalks and in vehicles; officers may seize the container as evidence. A conviction carries a fine and possible court costs, and repeat violations near licensed premises can trigger separate ABC board scrutiny of the establishment's license.

This is not one of those rules that cities tend to ignore. Montgomery actively enforces its public alcohol use requirements.

The Bottom Line

Montgomery is tougher than many cities when it comes to public conduct. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Montgomery, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

These rules come from Montgomery's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.