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Birmingham, AL Curfew Laws: Park Curfew (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 4-2-13
Who sets hours
Park and recreation board, by resolution
Notice required
Posted at 4+ conspicuous spots per park
Exemptions
Board may exempt for good cause shown
Penalty
Up to $500 fine or 6 months jail (§ 1-1-6)
Adopted
Ord. No. 82-137, Aug. 3, 1982

Summary

Birmingham's park and recreation board sets each park's closing hours by its own resolution rather than one citywide curfew fixed in the code. Once a resolution restricts a park's hours and the board posts notice at four conspicuous spots, entering or staying past that hour violates City Code § 4-2-13 and is a criminal offense enforceable citywide.

(a)Authorized. The park and recreation board of the city is hereby authorized and empowered to limit access, by resolution duly adopted, to any park of the city or any area thereof to certain hours of the day or night.(b)Exemptions. The park and recreation board may, by resolution duly adopted, provide for exemption from such limitations for good cause shown.(c)Notice. ...the director of the park and recreation board shall cause to be posted at a minimum of four conspicuous places around any such park a notice that access to such park is restricted to the hours of the day or night set forth in such resolution...(d)Unlawful to enter or remain in city park during restricted hours. It shall be unlawful for any person to enter or remain within the confines of any city park in violation of restrictions placed upon access to such park pursuant to this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

Birmingham City Code § 4-2-13 gives the park and recreation board, not the city council, the power to close any city park or any part of a park to the public during set hours of the day or night. The board acts by formal resolution for each park rather than a single ordinance applying the same hours to every park citywide, so the actual closing time varies by park and is set administratively. Once the board adopts an hours-restriction resolution, it must keep a copy on file at both the park and recreation board's office at Legion Field Stadium and the office of the city clerk for public inspection.

The director of the park and recreation board must then post notice of the restricted hours at a minimum of four conspicuous locations around the affected park, and that notice must state it is issued under § 4-2-13. The board may also grant an exemption from a park's restricted hours for good cause shown, again by its own resolution. Subsection (d) makes it unlawful to enter or remain within the confines of any city park in violation of the access restriction once it is posted, so the offense attaches only after the notice requirement is met.

The section traces to Ord. No. 82-137, adopted August 3, 1982, and sits in Title 4, Chapter 2, Article A of the general code, the same article covering general park conduct such as bathing in fountains (§ 4-2-12) and skating bans (§ 4-2-14). Because the hours themselves are set by park-board resolution rather than printed in the code, residents checking a specific park's closing time should look for posted signage at the park itself or confirm with the park and recreation board's office.

Violations & Fines

Entering or remaining in a city park after posted closing hours violates § 4-2-13(d) and is prosecuted under the general penalty in § 1-1-6: a fine up to $500.00, up to six months in the city jail or workhouse, or both, at the municipal court's discretion. Because the closing-hours resolution and posted notice create the violation, enforcement depends on confirming signage was posted at that specific park before a citation issues.

Frequently Asked Questions

Does Birmingham have one citywide park curfew?
No. City Code § 4-2-13 lets the park and recreation board set closing hours park-by-park through its own resolutions rather than fixing one curfew for every park in the general code. Actual hours are posted at each park, so a downtown park and a neighborhood park can close at different times.
How do I know what time a specific park closes?
The board must post notice of restricted access hours at a minimum of four conspicuous locations around the park itself, and keep a copy of the governing resolution on file at its office at Legion Field Stadium and at the city clerk's office for public inspection.
What happens if I'm caught in a park after hours?
Under § 4-2-13(d) it is unlawful to enter or remain in a city park in violation of posted access restrictions. Violators face the general Code penalty in § 1-1-6: a fine up to $500.00, up to six months in jail, or both.
Can the park board make exceptions to posted hours?
Yes. Section 4-2-13(b) allows the park and recreation board to adopt a resolution exempting specific uses or events from the restricted hours for good cause shown, separate from the general closing-hours resolution for that park.

Sources & Official References

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