§ 22-1-7 — Procedure When County Health Officer, Etc., Resisted

Alabama § 22-1-7

• Jurisdiction: Alabama
• Title 22: Health, Mental Health, and Environmental Control
• Ch. 1: General Provisions

Text

If, in the attempt to perform any duty enjoined by any public health law of the State of Alabama or rule or regulation of the State Board of Health, the health or quarantine officer of a county, or his duly authorized representative, shall be forcibly resisted or threatened with forceful resistance, such health officer shall, after conference with the county board of health, if found necessary, make affidavit before any judge of a circuit court, district court, municipal court or the judge of probate of the municipality or county where such resistance occurs or is threatened, whereupon the officer before whom said affidavit has been made shall forthwith issue his warrant directed to the sheriff or to any bonded constable of said county, commanding said sheriff or constable to remove or abate, under the direction of said health officer, said insanitary condition, or source of infection or offensive or indecent material or thing or to remove said afflicted person; and it shall be the duty of said sheriff or constable, to whom said warrant shall be delivered, to promptly execute the same. In executing every such warrant, the said sheriff or constable shall have the right to enter by force into any such lot, piece of ground, house or vessel or upon such pond, lake or stream.

Legislative History

(Code 1907, §721; Code 1923, §1141; Acts 1927, No. 640, p. 774; Acts 1935, No. 443, p. 918; Code 1940, T. 22, §80.)