Alabama § 45-49-151.40 Limitations on Construction or Operation of Racetrack in County

Alabama Statutes

§ 45-49-151.40 — Limitations on Construction or Operation of Racetrack in County

Alabama § 45-49-151.40

JurisdictionAlabama

Title 45Local Laws

Ch. 49Mobile County

Art. 15Gambling

Part 2Racing Commission and Racetracks

Subpart 2Racetracks

This text of Alabama § 45-49-151.40 (Limitations on Construction or Operation of Racetrack in County) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 45-49-151.40 (2026).

Text

(a)The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack.

(b)No person shall construct or operate a racetrack, for any purpose, in any area of the county within 1,000 yards of the location of the residence. Any person who violates this section shall be guilty of a public nuisance.

(c)(1) This section shall be enforced by the Mobile County Commission.

(2)The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any violation of this section. In any action pursuant to this subdivision, the Circuit Court of Mobile C

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(a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that has five or more residences within 1,000 yards of the location for the racetrack.
(b) No person shall construct or operate a racetrack, for any purpose, in any area of the county within 1,000 yards of the location of the residence. Any person who violates this section shall be guilty of a public nuisance.
(c)(1) This section shall be enforced by the Mobile County Commission.
(2) The Mobile County Commission may commence a civil action in the name of the Mobile County Commission in the Circuit Court of Mobile County, Alabama, to abate or enjoin any violation of this section. In any action pursuant to this subdivision, the Circuit Court of Mobile County, Alabama, is authorized to assess all costs of abating a public nuisance declared by this section, including attorney’s fees, court costs, and all other expenses of litigation, against the person creating or maintaining the public nuisance.
(d) This section shall not be applicable for any existing racetrack in operation on May 28, 1996.