§ 37-1-35 — Jurisdictional Exemptions or Limitations - Exercise of Certain Municipal Powers

Alabama § 37-1-35

• Jurisdiction: Alabama
• Title 37: Public Utilities and Public Transportation
• Ch. 1: Public Service Commission
• Art. 2: Powers and Duties Generally
• Div. 1: General Provisions

Text

Nothing in this title is intended or shall be construed:
(1) To limit or restrict the police jurisdiction or power of municipalities over their streets and other highways and public places or the power to maintain or the power to require maintenance of the same;
(2) To limit or restrict any right or power, by contract or otherwise, of any municipality to require utilities to pave and maintain the portions of highways used and occupied by them;
(3) In respect of matters other than rates and service regulations and equipment, over which exclusive jurisdiction is conferred by this title upon the commission to affect existing rights and powers or rights and powers hereafter acquired by municipalities under valid contracts with utilities;
(4) In respect of matters other than rates and service regulations and equipment, to repeal any power of any municipality to adopt and enforce reasonable police regulations and ordinances in the interest of the public safety, morals and convenience, or to protect the public against fraud, imposition or oppression by utilities within their respective jurisdiction, or to require the discharge by utilities of their respective duties within such municipalities, whether arising out of contract with the municipality or by statute or regulation by the commission or otherwise.

Legislative History

(Acts 1920, No. 37, p. 38; Code 1923, §9814; Code 1940, T. 48, §20.)