When we left off last week we were discussing Cherokee County's garbage pickup requirements and, specifically, the details of what is called a “certificate of exception” for anyone who does not want to participate in the county's garbage program.

In order to obtain a certificate of exception, an application, a $10 application fee and a garbage disposal plan must be filed with the county health officer. The plan must set out the proposed method of storing, hauling, and/or disposing of garbage and must comply with rules and regulations adopted by the county board of health.

At that point, the county health officer investigates the application and plan and, if approved, issue a certificate of exception within 60 days. The county health officer then notifies the County Commission or municipal governing body in writing of its intention to grant a certificate of exception. At this point, the Commission must vote to approve the certificate of exception, thereby validating it. If the certificate of exception is approved, it is valid for one year, meaning the application and plan must be re-filed and approved annually.

The constitutionality of Alabama's mandatory garbage pickup law has been repeatedly upheld in state courts as a “reasonable provision enacted under Alabama's police power to promote public health.” Alabama courts have noted that “government does not violate the constitutional prohibitions against the taking of property without compensation and due process of law by requiring participation in a mandatory system of waste disposal.”

The courts admit that “mandatory participation in garbage pickup restricts a citizen's right to exercise dominion and control over his property.” Courts have gone on to state, however, that these rights are trumped by reasonable conditions as may be deemed by local governments to be essential to the “safety, health, peace, good order, and morals of the community.”

The courts basically have ruled that if the county government feels garbage is a problem, it can rightfully require it to be removed and disposed of. In such circumstances, Alabama courts say “property rights of individuals must be sub-ordinated to the general good.”

The law also provides for certain penalties for those who have not been granted a certificate of exception yet refuse to participate in an available mandatory garbage pickup service. For one, the County Commission may bring a civil action in circuit court to compel participation. Further, the law states that any person in violation of complying with the mandatory garbage pickup law can also be charge with a misdemeanor and, upon conviction, shall be fined not less than $ 50 nor more than $ 200, plus court costs. If the violation is continuing, each day's violation shall constitute a separate offense and shall carry the same range of fines.

Ultimately, unless someone falls within one of the exceptions noted in this column or last week's, state and local law requires that they subscribe to garbage pickup.