City of Birmingham’s Curfew Ordinance

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City of Birmingham Curfew Ordinance  

Friday, August 12, 2022 

Statement from Mayor Randall Woodfin

As we recover from a violent night in Birmingham, I want to remind our residents that Birmingham Police are committed to public safety. We will continue to use every tool in our toolbox to protect the people. Remember, the city has a 2008 curfew law in place for those under the age of 17 during the following hours: 

  • During daytime school hours 
  • Weeknights from 9 p.m. to 6 a.m. 
  • Weekend and holiday nights from 11 p.m. to 6 a.m. 

We need to understand the safety of our community isn’t only in the hands of police and laws on the books. We all must play a role and take responsibility. As a community, we must learn to police ourselves and keep the peace within our own homes and neighborhoods. 

Details regarding the ordinance 

The city’s curfew applies to minors, defined as persons under the age of 17 years, unless they have been emancipated under Alabama law. The curfew is in effect at the times below, and it is unlawful for a minor to remain in public places or at establishments during these times; this applies to minors who have been suspended or expelled from school, unless the minor is emancipated: 

  • During city school system scheduled school hours; 
  • From 9 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6 a.m. of the following day; 
  • From 11 p.m. on any Friday, Saturday or the official city holiday as declared by the mayor until 6 a.m. of the following day. 

A curfew on minors was first adopted by the Council in 1996 and amended once the same year. (Ord. No. 96-10, § 1, 1-9-1996; Ord. No. 96-57, § 1, 2-27-1996) 

The ordinance was amended in 2008, under Mayor Larry Langford.  After the fatal shooting outside Banana Joe’s in Five Points South on July 5, 2008, Mayor Langford asked for stepped up enforcement of the curfew.  That led to additional review and decisions to amend the ordinance.  The current ordinance was adopted by the Council on August 19, 2008.  (Ord. No. 08-190, § 1, 8-19-2008) 

Penalties 

The maximum fine Municipal Court can impose for any municipal ordinance violation (with the exception of some DUI, theft and domestic violence misdemeanors) is $500 and up to 180 days in jail. In the curfew ordinance, the Council expressed that each violation should carry the maximum fine.  For third and subsequent violations, the Council expressed that jail time should be included with the maximum fine, but the court has discretion to suspend the sentence or impose probation.   

GCC Sec. 11-6-20  

(d) Penalties. 

(1) Before taking any enforcement action under this section, a police officer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (c) of this section is present. When a police officer or other law enforcement officer observes or has probable cause to believe that a violation of this section has been committed he or she shall detain the juvenile to be released only to the parent or custodian. When more than one child under the control of the same parent or custodian is found in violation of the provisions of this section in the same act or incident, that parent or custodian shall be issued one citation. 

(2) Upon receiving a citation for an initial violation of this section within any 12-month period, a violator shall be required to appear in court and, upon conviction, shall be punished by a fine of $500.00. 

(3) Upon receiving a citation for a second violation of this section within any 12-month period of receiving an initial citation, the violator shall be required to appear in court and, upon conviction, shall be punished by a fine of $500.00. 

(4) Upon receiving a citation for a third or subsequent violation of this section within any 12-month period of receiving an initial citation, the violator shall be required to appear in court and, upon conviction, shall be punished by a fine of $500.00. A parent or custodian who has received a citation for a third or subsequent violation of this section within any 12-month period of receiving an initial citation shall be punished, upon conviction, by a fine of $500.00 and/or by imprisonment in the city jail, workhouse, or house of correction or at hard labor upon the streets and public works for not exceeding six months. The court may suspend or probate the sentence upon a conviction. 

(5) As part of or in lieu of any penalty that may be imposed, a violator may be required by the court to obtain counseling or attend classes or programs to improve parenting and child-raising skills. 

(6) The provisions of this section shall be enforced equally without regard to race, ethnicity or sex.