Code of Alabama - Title 45: Local Laws - Chapter 10 - Cherokee County

• Article 1 General and Miscellaneous Provisions.
• Section 45-10-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Cherokee County local laws enacted after 1978 and all Cherokee County prior...
• Article 2 Alcoholic Beverages.
• Section 45-10-20 Regulation of liquor traffic
  (a) The Legislature of Alabama is cognizant of "Opinion of the Justices No. 376," issued April 9, 2002, which states that a local bill for...
• Section 45-10-20.01 Classifications of municipalities as wet or dry
  Notwithstanding any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant to authority to regulate the liquor traffic...
• Section 45-10-20.02 Municipal option election
  (a) Upon petition of 25 percent of the number of voters voting in the last general election of the municipality having a population of not...
• Section 45-10-20.03 Draft and keg beer sales authorized
  (a) This section only applies in Cherokee County. (b) The sale of draft or keg beer or malt beverages for on-premises consumption by retail licensees...
• Article 3 Boards and Commissions.
• Section 45-10-30 Reserved
• Article 4 Business, Labor, and Occupations.
• Section 45-10-40 Reserved
• Article 5 Constables.
• Section 45-10-50 Reserved
• Article 6 Coroner.
• Section 45-10-60 Expense allowance; compensation
  REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-210 EFFECTIVE BEGINNING THE NEXT TERM OF OFFICE OF THE CHEROKEE COUNTY CORONER. THIS IS NOT IN...
• Section 45-10-60.01 Additional expense allowance; increase of salary
  REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-210 EFFECTIVE BEGINNING THE NEXT TERM OF OFFICE OF THE CHEROKEE COUNTY CORONER. THIS IS NOT IN...
• Section 45-10-60.02 Expenses necessary for operation of office
  (a) In Cherokee County, in addition to any compensation paid to the coroner by law, the Cherokee County Commission may pay the actual and necessary...
• Section 45-10-60.03 Expense allowance; salary
  (a) The coroner of Cherokee County shall be entitled to an additional expense allowance so that the total compensation of the coroner including expense allowances...
• Section 45-10-60.04 Deputy coroner
  The Coroner of Cherokee County may appoint a qualified person to serve as deputy coroner to perform the duties of the coroner when the coroner...
• Article 7 County Commission.
• Part 1 Chair.
• Section 45-10-70 Powers and duties; compensation
  At the expiration of the term of office of the President of the Cherokee County Commission, the office, power, and duties of such officer shall...
• Part 2 Compensation.
• Section 45-10-71 Salaries; travel allowance
  (a) The President of the Cherokee County Commission shall be entitled to an annual salary of nine thousand six hundred dollars ($9,600). Such annual salary...
• Article 8 Courts.
• Part 1 Circuit Court.
• Section 45-10-80 Arrests and service of search warrants by investigators for district attorney,
  Repealed by Act 2013-315, §2, effective August 1, 2013.
• Part 2 Court Costs.
• Section 45-10-81 Public law library; Law Library Fund
  (a) The governing body of Cherokee County, Alabama, may establish and maintain a public law library in the county, and, to accomplish that purpose, may,...
• Section 45-10-81.01 Juvenile Court Services Fund
  (a) In Cherokee County, a probation supervision fee may be assessed at the discretion of the judge of the juvenile court when a juvenile is...
• Section 45-10-81.02 Additional booking fee in certain cases
  (a) In Cherokee County, a booking fee in the amount of twenty dollars ($20) shall be assessed against and collected from each person booked or...
• Part 3 Probate Court.
• Division 1 Compensation.
• Section 45-10-82 Expense allowance; salary
  (a) The probate judge, tax assessor, and tax collector of Cherokee County shall each receive an additional annual expense allowance in the amount of two...
• Division 2 Fees.
• Section 45-10-82.20 Mental Health Fund; filing fees
  (a) The Probate Judge of Cherokee County will charge a fee of two dollars ($2) for filing for record or for recording each and every...
• Section 45-10-82.21 Marriage rites
  The Judge of Probate of Cherokee County may charge an additional fee when celebrating the rites of marriage. The amount of the additional fee shall...
• Section 45-10-82.22 Recording fee
  (a) This section shall apply only in Cherokee County. (b) In addition to any other fees provided for by law, the county commission may increase...
• Part 4 District Attorney.
• Section 45-10-83 Investigators to receive badge and pistol upon leaving office in good standing
  (a) Any person employed as an investigator for the District Attorney of the Ninth Judicial Circuit, composed of Cherokee and DeKalb Counties, for a period...
• Article 9 Economic and Industrial Development.
• Section 45-10-90 Reserved
• Article 10 Education.
• Section 45-10-100 Reserved
• Article 11 Elections.
• Part 1 Advertising.
• Section 45-10-110 Prohibited activities
  (a) Signs, markers, and advertising, pertaining to political campaigns, on the rights-of-way of state and county controlled highways are prohibited in Cherokee County except those...
• Part 2 Poll Workers.
• Section 45-10-111 Increase in compensation
  (a) In addition to any compensation heretofore provided by law for the poll workers in Cherokee County, each poll worker shall be entitled to a...
• Section 45-10-111.01 Compensation for returning officers; mileage allowance
  (a) This section shall apply only to Cherokee County. (b) All returning officers, as appointed by the local appointing board, the judge of probate, sheriff,...
• Article 12 Employees.
• Section 45-10-120 Reserved
• Article 13 Enginee, County.
• Section 45-10-130 Reserved
• Article 14 Fire Protection.
• Section 45-10-140 Reserved
• Article 15 Gambling.
• Section 45-10-150 Reserved
• Article 16 Government Finance and Operations.
• Section 45-10-160 Distribution of Tennessee Valley Authority funds
  Upon the receipt by Cherokee County of any funds received pursuant to Act 2010-135 of the 2010 Regular Session amending Section 40-28-2, the additional amounts...
• Article 17 Health and Environment.
• Part 1 Environment.
• Division 1 Litter.
• Section 45-10-170 Enforcement
  (a) The Cherokee County Health Department may, at its discretion, enforce littering laws, and other laws relating to litter in Cherokee County, in addition to...
• Division 2 Decentralized Wastewater Authority.
• Section 45-10-170.20 Creation; composition; powers; advisory committee
  (a) For purposes of this section, the term "decentralized wastewater system" is defined as a system for collection, treatment, and dispersal or reuse of wastewater...
• Division 3 Sewage Systems in Resort Areas.
• Section 45-10-170.40 Applicability
  This subpart shall apply only in Cherokee County.
• Section 45-10-170.41 ”Resort area” defined
  As used in this subpart, the term "resort area" means any area located outside the corporate limits of any municipality in Cherokee County in which...
• Section 45-10-170.42 Connection with public sewerage system
  (a)(1) The Cherokee County Commission, through the county health department, shall compel connection of any new construction in resort areas to any available public sewerage...
• Section 45-10-170.43 Notice
  (a) When the county health department determines that the connection of property to an available public sewerage system, whether publicly or privately owned, shall be...
• Section 45-10-170.44 Violations
  (a) Any violation of this subpart shall constitute a public nuisance subject to a civil fine of fifty dollars ($50) per day not to exceed...
• Section 45-10-170.45 Causes of action
  Nothing in this subpart shall be construed as creating a cause of action against the county or any of its officials or employees based upon...
• Part 2 Health.
• Division 1 Death Certificates.
• Section 45-10-171 Persons authorized to issue death certificates; availability to next of kin; fees; violations
  (a) In Cherokee County any county health officer or administrator is hereby authorized to issue an official death certificate in any case within the county,...
• Division 2 Fees.
• Section 45-10-171.20 Designation of services; setting of fees; inability to pay
  (a) The Cherokee County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
• Division 3 Health Care Authority.
• Section 45-10-171.40 Use of proceeds for indigent health care
  In Cherokee County, the Cherokee County Healthcare Authority may use a portion of the proceeds of any special county ad valorem tax for indigent health
• Article 18 Highways and Bridges.
• Section 45-10-180 County roads - Construction, maintenance, and repair
  County roads in Cherokee County shall be constructed, repaired, and maintained as a unit without regard to district or beat lines.
• Section 45-10-180.01 County roads - Permit for certain activities; fines and liability
  (a) In Cherokee County, any person or entity engaged in construction, excavation, or similar activity resulting in the cutting across or going under a county...
• Article 19 Legislature.
• Article 20 Licenses and Licensing.
• Part 1 Fees.
• Section 45-10-200 Local license inspector citation fee
  (a) In Cherokee County, for citations personally served by the license inspector, there is hereby levied a local license inspector citation fee of eighteen dollars...
• Part 2 License Commissioner.
• Section 45-10-201 Probate judge; clerks and assistants
  There is hereby created within the Cherokee County Courthouse the permanent office of license commissioner. The duties and responsibilities of the office shall be performed...
• Section 45-10-201.01 Motor vehicles taxes; certificate of titles
  The office shall perform all duties relating to the assessment and collection of taxes on motor vehicles in the county and issue applications for certificates...
• Section 45-10-201.02 Records
  The license commissioner's office shall keep at all times an accurate record of all licenses received from the state Comptroller and of the disposition made...
• Section 45-10-201.03 Fees
  The license commissioner shall charge and collect all fees that are required by law. All collected fees shall be the property of the county and...
• Section 45-10-201.04 Ad valorem taxes; license tag as evidence of payment
  To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no...
• Section 45-10-201.05 Assessment of vehicles
  Before any vehicle can be assessed, the license commissioner shall be furnished the tag number presently on the vehicle unless the vehicle is new, in...
• Section 45-10-201.06 Notice or application for renewal of licenses
  The license commissioner may mail a notice or an application for renewal of licenses to the named licensee to which the motor vehicle has been...
• Section 45-10-201.07 Compensation
  Repealed by Act 2006-382, §1, effective April 14, 2006.
• Article 21 Motor Vehicles and Transportation.
• Article 22 Parks, Historic Preservation, Musuems, and Recreation.
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-10-230 Expense allowance; salary increase
  (a) The Sheriff of Cherokee County shall receive an additional expense allowance of fifteen thousand dollars ($15,000) per annum, payable in equal monthly installments. The...
• Part 2 Jails.
• Division 1 Jail Store.
• Section 45-10-231 Jail store; telephone system for prisoners; law enforcement fund
  (a) The Sheriff of Cherokee County or the authorized agents of the sheriff may operate a jail store and telephone system for prisoners within the...
• Division 2 Work Release.
• Section 45-10-231.20 Applicability
  This subpart shall apply only to Cherokee County.
• Section 45-10-231.21 Definitions
  For purposes of this subpart, the following terms shall have the following meanings: (1) BOARD. The Cherokee County Work Release Board, which shall be composed...
• Section 45-10-231.22 Cherokee County Work Release Board
  The Cherokee County Work Release Board is established to develop, promulgate, and adopt rules for the operation and maintenance of the Cherokee County Work Release...
• Section 45-10-231.23 Participation in program
  Any inmate qualified and eligible to participate in the program may be released from housing at the Cherokee County Detention Center during the hours of...
• Section 45-10-231.24 Cherokee County Work Release Fund
  (a) The board may establish the Cherokee County Work Release Fund at a bank selected by the board located in Cherokee County. The employer of...
• Section 45-10-231.25 Escape from custody
  The willful failure of an inmate to remain within the extended limits of his or her confinement or to return within the time prescribed by...
• Section 45-10-231.26 Implementation of program
  Employees of the board, or its designees, may make investigations and recommendations pertaining to the validity of requests for job opportunities for inmates and otherwise...
• Section 45-10-231.27 Employment criteria
  The board, or its designee, shall endeavor to secure employment for eligible inmates under this subpart, subject to all of the following: (1) Employment shall...
• Section 45-10-231.28 Employment status
  No inmate granted privileges under this subpart shall be deemed to be an agent, employee, or involuntary servant of the board, state, county, or municipality...
• Section 45-10-231.29 Liability for negligence
  Cherokee County, its commission, sheriff, and board members or their designated agent shall be immune from any claims of negligence that may be made against...
• Section 45-10-231.30 Audit of fund
  The sheriff shall keep an account of all fund transactions for audit by the Department of Examiners of Public Accounts. The fund shall be audited...
• Section 45-10-231.31 Ratification of prior actions
  Any actions relating to the operation of the program prior to April 30, 2009, are ratified and confirmed. Any existing proceeds derived from the operation...
• Part 3 Pistol Permits.
• Section 45-10-232 Fee; Sheriff's Law Enforcement Fund
  (a) In Cherokee County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person...
• Part 4 Retirement.
• Section 45-10-233 Receipt of badge, pistol, etc., upon retirement
  Any person employed as a law enforcement officer by the Sheriff's Office of Cherokee County for a period of 10 years or more who retires...
• Part 5 Stolen, Abandon, and Unclaimed Property, Sale of
• Section 45-10-234 Records of abandoned and stolen property; storage
  (a) The Sheriff of Cherokee County shall keep and maintain a record of all abandoned and stolen personal property recovered by the sheriff's office. These...
• Section 45-10-234.01 Sale of perishable property
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-10-234.02 Record of abandoned or stolen firearms; sale or destruction
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-10-234.03 Notice and sale of stolen or abandoned property
  (a) As often as necessary, the sheriff shall sell at public auction, including an Internet auction, to the highest bidder all abandoned or stolen personal...
• Section 45-10-234.04 Claim of property
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-10-234.05 Record of sale; rejection of bid
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-10-234.06 Disposition of sale proceeds
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Part 6 Fees.
• Section 45-10-235 Fingerprinting fee
  (a) The Sheriff of Cherokee County may charge a fee of up to fifty dollars ($50) for fingerprinting persons for passport identification, employment purposes, or...
• Article 24 Taxation.
• Part 1 Redemption of Lands.
• Section 45-10-240 Procedure for selling and redeeming lands
  (a) The provisions of this section shall apply to Cherokee County. (b) The procedure for selling and redeeming lands for taxes in such county shall...
• Part 2 Revenue Commissioner.
• Section 45-10-241 Establishment of office; duties; deputies; bond; compensation
  (a) At the expiration of the terms of office, or if a vacancy occurs in either the office of tax assessor or the office of...
• Section 45-10-241.01 Budgetary operations and functions; financing of office
  (a) The Revenue Commissioner of Cherokee County is hereby authorized to take the necessary action to merge the budgetary operations and functions of the office....
• Part 3 Tax, Ad Valorem
• Section 45-10-242 Authorization to increase ad valorem school tax
  In addition to any taxes now authorized or that may hereafter be authorized by the constitution and laws of the State of Alabama, pursuant to...
• Part 4 Tax, Lodging
• Division 1 1997 Lodging Tax.
• Section 45-10-243 Lodging tax levied
  In Cherokee County, in addition to all other taxes imposed by law, there is levied a privilege or license tax in the amount herein prescribed...
• Section 45-10-243.01 Exemptions
  (a) There are exempted from the provisions of the tax levied by this part and from the computation of the amount of the tax levied...
• Section 45-10-243.02 Monthly report; payment of tax; records; penalties
  (a) The tax levied by this part, except as otherwise provided, shall be due and payable to the Department of Revenue on or before the...
• Section 45-10-243.03 Application of state statutes
  All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax, making of reports and keeping...
• Section 45-10-243.04 Deposit of proceeds
  Except as otherwise provided in this part, all proceeds from the tax levied by this part shall be deposited into the Cherokee County General Fund.
• Section 45-10-243.05 Commerce Clause
  None of the provisions of this part shall be applied in a manner to violate the Commerce Clause of the United States Constitution. If a...
• Section 45-10-243.06 Deduction of cost of making collections
  The Department of Revenue shall charge and deduct from the proceeds of the tax levied, an amount equal to the cost to the department of...
• Division 2 2017 Lodging Tax.
• Section 45-10-243.20 Additional lodging tax levied
  (a) In addition to all other taxes of every kind now imposed by law, the Cherokee County Commission may levy a privilege or license tax...
• Part 5 Tax, Sales and Use.
• Division 1 1979 Tax.
• Section 45-10-244 Definitions
  (a) The following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a...
• Section 45-10-244.01 Authorization of levy of sales tax
  (a) The governing body of the county is hereby authorized to levy and impose in the county, in addition to all other taxes of every...
• Section 45-10-244.02 Authorization of levy of use tax
  (a) The governing body of the county is hereby authorized to levy and impose excise taxes on the storage, use, or other consumption of property...
• Section 45-10-244.03 Payment of taxes herein levied: Reports by taxpayers
  The sales taxes authorized to be levied in Section 45-10-244.01 shall be due and payable in monthly installments on or before the twentieth day of...
• Section 45-10-244.04 Sales tax to be added to sales price or admission fee
  Each person engaging or continuing within the county in a business subject to the sales taxes authorized to be levied in Section 45-10-244.01 shall add...
• Section 45-10-244.05 Special provisions respecting payment of use tax: receipts and returns by registered sellers
  Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county (which storage, use, or other consumption is...
• Section 45-10-244.06 Enforcement of this subpart; civil suit; taxes a lien
  The taxes authorized to be imposed by this subpart shall constitute a debt due the county and may be collected by civil suit, in addition...
• Section 45-10-244.07 Applicability of state sales and use tax statutes
  All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of monthly reports and...
• Section 45-10-244.08 Charge of State Department of Revenue: its disposition of tax proceeds
  The State Department of Revenue shall charge the county, for collecting the taxes authorized to be levied herein, the costs of the department in collecting...
• Section 45-10-244.09 Use of tax proceeds
  The proceeds of any taxes herein authorized to be levied shall be paid over by the county within 10 days after their receipt as follows:...
• Section 45-10-244.10 Effective date of levy
  If the governing body of the county elects to levy or impose any of the taxes herein authorized to be levied and imposed, it shall...
• Division 2 1985 Tax
• Section 45-10-244.30 Applicability
  The provisions of this subpart shall only apply to Cherokee County.
• Section 45-10-244.31 Definitions
  All words, terms, and phrases as defined in Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, providing for the levy of a state sales tax shall, wherever...
• Section 45-10-244.32 Authorization of levy of tax
  The Cherokee County Commission is hereby authorized to levy and impose a one percent sales or gross receipts tax upon the sales of all tangible...
• Section 45-10-244.33 Payment of taxers herein levied; reports by taxpayers
  The sales taxes authorized to be levied in Section 45-10-244.32 shall be due and payable in monthly installments on or before the twentieth day of...
• Section 45-10-244.34 Sales tax to be added to sales price or admission fee
  Each person engaging or continuing within Cherokee County in a business subject to the tax levied in Section 45-10-244.32, shall add to the sales price...
• Section 45-10-244.35 Enforcement; civil suit; taxes a lien
  The tax authorized to be imposed by this subpart shall constitute a debt due Cherokee County and may be collected as provided by law. The...
• Section 45-10-244.36 Applicability of state sales tax statutes
  All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of reports and keeping...
• Section 45-10-244.37 Charge of State Department of Revenue; disposition of tax proceeds
  The State Department of Revenue shall charge Cherokee County for collecting the sales tax levied under this subpart such amount or percentage of total collections...
• Part 6 Tax, Tobacco.
• Section 45-10-245 Imposition of tax
  (a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in...
• Section 45-10-245.01 Tax to be added to sales price of tobacco products
  Commencing August 1, 1989, there is levied on every person, firm, corporation, club, or association that sells or stores or receives for the purpose of...
• Section 45-10-245.02 Tobacco stamps
  The tax hereby levied shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section...
• Section 45-10-245.03 Rules and regulations
  The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this part. All such rules...
• Section 45-10-245.04 Application of Department of Revenue laws, rules, and regulations
  All laws and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section...
• Section 45-10-245.05 Disposition of proceeds
  The proceeds from the tax hereby levied, less the actual costs of collection not to exceed 10 per centum, shall be paid by the State...
• Section 45-10-245.06 Construction and application
  (a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses...
• Article 25 Utilities.
• Section 45-10-250 Reserved
• Article 26 Zoning and Planning.
• Part 1 Wiind Energy Conversion Systems.
• Section 45-10-260 Applicability
  This part shall only apply in Cherokee County.
• Section 45-10-260.01 Definitions
  For the purposes of this part, the following words shall have the following meanings: (1) DECIBEL. The unit of measure for sound pressure using dBA...
• Section 45-10-260.02 Permit required
  (a) It shall be unlawful to construct, erect, install, alter, operate, or locate a wind energy conversion system in Cherokee County without first obtaining a...
• Section 45-10-260.03 Adoption of rules, laws, or ordinances
  (a) Each local governing body of Cherokee County shall adopt rules, laws, or ordinances governing the construction, installation, and operation of a wind energy conversion...
• Section 45-10-260.04 Financial assurance
  (a) An applicant shall maintain financial assurance in an amount equal to the costs associated with the reclamation plan and the removal of abandoned or...
• Section 45-10-260.05 Certification, safety, and setback requirements
  (a) The safety of the design of all conversion system towers shall be certified by a licensed engineer with prior experience with wind energy conversion...
• Section 45-10-260.06 Abandonment and removal of system or tower
  A wind energy conversion system or tower that does not operate continuously for 365 consecutive days may be deemed abandoned and shall be removed by...
• Section 45-10-260.07 Construction of part
  This part shall not interfere with, abrogate, or annul any covenant or other agreement between any parties. However, if this part imposes a greater restriction...
• Section 45-10-260.08 Jurisdiction and regulation of Public Service Commission
  To the extent that any applicant or owner of a wind energy conversion system undertakes business activities that cause it to be a utility or...

Last modified: May 3, 2021