Code of Alabama - Title 45: Local Laws - Chapter 17 - Colbert County
- Article 1 General and Miscellaneous Provisions.
- Section 45-17-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Colbert County local laws enacted after 1978 and all Colbert County prior...
- Article 2 Alcoholic Beverages.
- Part 1 Regulation.
- Division 1 Conduct Prohibted in Licensed Establishments.
- Division 2 Wholesalers.
- Division 3 Sunday Sales.
- Division 4 Sale of Draft or Keg Beer or Malt Beverages.
- Part 2 Taxation.
- Section 45-17-21 Beer tax distribution
(a) Any law to the contrary notwithstanding, in Colbert County, the proceeds of the beer tax collected pursuant to Article 5B, commencing with Section 28-3-190,...
- Article 3 Boards and Commissions.
- Article 4 Business, Labor, and Occupations.
- Article 5 Constables.
- Article 6 Coroner.
- Section 45-17-60 Expense allowance
The Coroner of Colbert County shall be entitled to receive an additional expense allowance in the amount of ten thousand dollars ($10,000) per year to...
- Article 7 County Commission.
- Part 1 Membership.
- Section 45-17-70 Membership
(a) The Colbert County Commission shall be composed of six members, elected from single-member districts one through six, inclusive, by the qualified voters residing within...
- Part 2 Compensation.
- Section 45-17-71 Salaries; expense allowances
(a) Effective beginning the term of office of commissioners beginning in November, 2016, and thereafter, the Colbert County Commission may decrease total amount of compensation...
- Article 8 Courts.
- Part 1 Court Costs.
- Section 45-17-80 Public law library; librarian and advisory committee; personnel; law library fund; fee
(a) The governing body of Colbert County, Alabama, by whatever name called, is hereby authorized to establish and maintain a public law library in the...
- Section 45-17-80.01 Additional court costs - Colbert County Drug Task Force
In addition to any court costs or fees now or hereafter authorized in Colbert County, an additional court cost of five dollars ($5) shall be...
- Section 45-17-80.02 Additional court costs - Domestic violence cases
In addition to all other costs and charges in circuit, district, and municipal court cases in Colbert County, there shall be levied and assessed a...
- Section 45-17-80.03 Solicitor's fee
Repealed by Act 2011-320, p. 594, §1, effective September 1, 2011.
- Part 2 District Attorney.
- Division 1
- Division 2 Pretrial Diversion Program.
- Section 45-17-81.10 Established; discretionary powers; supervision and control
(a) The District Attorney of the Thirty-first Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common...
- Section 45-17-81.11 Definitions
For purposes of this subpart, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The elected District Attorney of the Thirty-first Judicial Circuit...
- Section 45-17-81.12 Applicants for admittance
(a) A person charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit or district court of the Thirty-first Judicial...
- Section 45-17-81.13 Standards for admission
(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or...
- Section 45-17-81.14 Admission into program
(a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, an applicant may be required...
- Section 45-17-81.15 Program requirements
(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon...
- Section 45-17-81.16 Time for application
(a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever...
- Section 45-17-81.17 Costs and fees
(a) An applicant shall pay a nonrefundable application fee of one hundred fifty dollars ($150). The amount of the assessment for participation in the program...
- Section 45-17-81.18 Substance abuse treatment program; drug testing
The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender...
- Section 45-17-81.19 Written agreement; other terms and conditions
(a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney...
- Section 45-17-81.20 Pretrial Diversion Program Fund
The district attorney shall establish a Pretrial Diversion Program Fund. The district attorney shall use the funds in the Pretrial Diversion Program Fund to pay...
- Section 45-17-81.21 Violations; waiver
(a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district...
- Section 45-17-81.22 Liability of district attorney
The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
- Section 45-17-81.23 Funding
The pretrial diversion program may apply for grants applicable to the aims of the program, may accept gifts from individuals or corporations, and may receive...
- Section 45-17-81.24 Advisory board
The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final...
- Part 3 Probate Court.
- Division 1 License Division.
- Division 2 Recording Fees.
- Division 3 Reimbursement for Errors.
- Article 9 Economic and Industrial Development and Tourism.
- Part 1 Economic Development.
- Division 1 Shoals Economic Development Authority.
- Section 45-17-90 Definitions
When used in this subpart, the following words and phrases shall have the following meanings, unless the context clearly indicates otherwise: (1) AUTHORITY. The Shoals...
- Section 45-17-90.01 Authority created; composition
(a) To improve the Shoals economic quality of life through the active promotion and development of better employment opportunities and to assist the county commissions...
- Section 45-17-90.02 Board of directors; meetings; compensation
(a) The 24 members of the authority shall constitute the board of directors of the authority. The authority shall hold an organizational meeting within 30...
- Section 45-17-90.03 Bylaws
The board of directors of the authority shall have the authority to enact bylaws for the organization not inconsistent with this subpart or any law...
- Section 45-17-90.04 Exercise of functions and powers
Upon the organization of the Shoals Economic Development Authority, the authority shall be constituted as an instrumentality for the exercise of public and essential governmental...
- Section 45-17-90.05 Executive director
The authority may employ an executive director, who shall be its chief administrative officer and serve as secretary to the board. The board of the...
- Section 45-17-90.06 Powers and duties
The authority, or its agents and employees as directed, may do any of the following: (1) Investigate, study, and engage in basic research relative to...
- Section 45-17-90.07 Maintenance of office space
The authority may maintain an office in Colbert County or Lauderdale County, or both. The cost of securing, furnishing, equipping, lighting, heating, and maintaining the...
- Section 45-17-90.08 Exemption from competitive bid law
The provisions of Articles 2 and 3 of Chapter 16 of Title 41, or other similar laws, commonly referred to as the Alabama Bid Law...
- Section 45-17-90.09 Exemption from taxation
The authority, its property, real and personal, any income produced and all conveyances, deeds, leases, mortgages, and deeds of trust, shall be exempt from all...
- Section 45-17-90.10 Power to sue and be sued; recovery of damages
(a) The authority may institute and defend legal proceedings in any court of competent jurisdiction and proper venue. The authority may be sued only in...
- Section 45-17-90.11 Continuation of prior authority
It is the intention of the Legislature in enacting this subpart that the Shoals Industrial Development Authority created pursuant to Act No. 86-231, S. 515...
- Division 2 Funding for the Shoals Economic Development Project.
- Section 45-17-90.40 Definitions
For the purposes of this subpart, the following terms shall have the respective meaning ascribed by this section: (1) AUTHORIZED MUNICIPALITIES. The Cities of Sheffield,...
- Section 45-17-90.41 Imposition of tax
The Colbert County Commission is hereby authorized to impose excise taxes in an amount not to exceed two cents ($.02) per gallon on persons selling,...
- Section 45-17-90.42 Statement of sales and withdrawals
On or before the 20th day of each month after April 11, 2002, every person upon whom the excise tax is levied shall render to...
- Section 45-17-90.43 Recordkeeping
All distributors, storers, and retail dealers shall keep for not less than three years within the State of Alabama at some certain place or office...
- Section 45-17-90.44 Report of business location and postal address; change of address
Within 30 days after any tax shall have been levied under authority of this subpart, every distributor, storer, or retail dealer engaged in the sale...
- Section 45-17-90.45 Failure to report
If any distributor, storer, or retail dealer of gasoline or motor fuel in Colbert County shall fail to make the reports or any of them...
- Section 45-17-90.46 Review of records; rules and regulations; recovery of collection costs
It shall be the duty of the County Commission of Colbert County to enforce the provisions of this subpart upon its imposing the tax thereunder,...
- Section 45-17-90.47 Penalty for delinquency
If any distributor, storer, or retail dealer in gasoline or motor fuel shall fail to make monthly reports or shall fail to pay the tax...
- Section 45-17-90.48 Actual payment deemed a credit against amount due
The acceptance of any amount paid for the excise tax imposed under this subpart shall not preclude the collection of the amount actually due. However,...
- Section 45-17-90.49 Violations
Any distributor, storer, or dealer who shall violate any provisions of this subpart or shall fail to comply with any reasonable rule or regulation promulgated...
- Section 45-17-90.50 Report of gasoline or motor fuel shipments
Each agent of any railroad company, bus, or truck operator or other transportation company or agency operating in Colbert County shall report to the County...
- Section 45-17-90.51 Special fund
Unless otherwise directly deposited with a paying agent or trustee as permitted in Section 45-17-90.52, the proceeds of the taxes imposed under authority of this...
- Section 45-17-90.52 Disposition of funds
Expenditures from the special fund provided for in Section 45-17-90.51 shall be made exclusively for the purposes of paying principal of, premium, if any, and...
- Section 45-17-90.53 Duration of tax; referendum
(a) Subject to subsection (b), the taxes herein authorized shall continue so long as securities secured by a pledge of such taxes shall remain outstanding....
- Section 45-17-90.54 Purpose; powers
(a) It is hereby determined that the development of the Shoals Economic Development Project is for a public purpose and will be in the best...
- Division 3 County Community Development Commission.
- Part 2 Industrial Development.
- Division 1
- Section 45-17-91 Contingency fund
In Colbert County, there is hereby established a county contingency fund to be funded by the county general fund in an amount up to ten...
- Division 2 Shoals Industrial Development Committee.
- Section 45-17-91.20 Definitions
The following words and phrases used in this subpart shall, in the absence of clear implication herein otherwise, be given the following respective interpretations herein:...
- Section 45-17-91.21 Creation of the committee; membership; officers
(a) There is created the Shoals Industrial Development Committee, which shall be an intergovernmental agency or instrumentality of each of the counties. The committee shall...
- Section 45-17-91.22 Power of the committee to approve and reject requests for expenditures and appropriations of moneys, etc., in Shoals Economic Development Fund
(a)(1) Subject to the provisions of this subpart, the committee shall have the power to approve and reject requests made to it by the authority...
- Section 45-17-91.23 Creation of Shoals Economic Development Fund; purposes for which moneys in such fund may be expended
(a) There is created the Shoals Economic Development Fund, which shall be a special or trust fund or account of the committee, and which shall...
- Section 45-17-91.24 Public meetings; notices of meetings; public records
(a) The committee shall be deemed a governmental body, as that term is defined in Section 36-25A-2. Meetings of the committee shall be held and...
- Section 45-17-91.25 Investment of moneys in Shoals Economic Development Fund
Moneys on deposit in the Shoals Economic Development Fund may be invested, at the direction and discretion of the committee, only in investments that are...
- Part 3 Tourism.
- Article 10 Education.
- Section 45-17-100 Reserved
404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
- Article 11 Elections.
- Article 12 Employees.
- Article 13 Engineer, County.
- Article 14 Fire Protection and Emergency Medical Services.
- Article 15 Gambling.
- Article 16 Government Finance and Operations.
- Article 17 Health and Environment.
- Article 18 Highways and Bridges.
- Article 19 Legislature.
- Article 20 Licenses and Licensing.
- Article 21 Motor Vehicles and Transportation.
- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Part 1 Historic Preservation.
- Section 45-17-220 LaGrange Historical Site
(a) The LaGrange Historical Site in Colbert County, owned by the Alabama Historical Commission, is transferred to the LaGrange Living Historical Association, a nonprofit corporation,...
- Part 2 Recreation.
- Article 23 Sheriff.
- Part 1 Compensation.
- Section 45-17-230 Total compensation
Commencing with the next term of office, the Sheriff of Colbert County shall receive total compensation of fifty thousand dollars ($50,000) per annum payable from...
- Part 2 Deputies and Sheriff Reserve Officer.
- Division 1 Deputies.
- Division 2 Sheriff Reserve Officers.
- Part 3 Jails.
- Division 1 Day Reporting Fee.
- Division 2 Jail Store.
- Part 4 Pistol Permits.
- Part 5 Service of Process.
- Section 45-17-234 Contracts for service of process; fees; Sheriff's Civil Process Fund
(a) The Sheriff of Colbert County, except for warrants for arrest, may contract with or enter into contract or agreement with a private, public, or...
- Section 45-17-234.01 Additional fees; disposition of funds
(a) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division...
- Article 24 Taxation.
- Part 1 Revenue Commissioner.
- Division 1 Creation of Office.
- Division 2 Redemption of Land.
- Division 3 Expense Allowance, Salary.
- Part 2 Tax, Lodging.
- Part 3 Tax, Tobacco.
- Section 45-17-242 Election to authorize tax
The board of revenue, court of county commissioners, or like governing body of Colbert County is hereby authorized to call an election of the qualified...
- Section 45-17-242.01 Levy of tax
The county governing body shall declare the result of the election, and if a majority of the electors voting on the question have voted in...
- Section 45-17-242.02 Use of stamps for payment
The tax herein authorized, when levied in accordance with the provisions of this part, shall be paid through the use of stamps, bearing the words...
- Section 45-17-242.03 Issuance of stamps
If the tax herein authorized is imposed, the board of revenue, court of county commissioners, or other like governing body of Colbert County shall provide...
- Section 45-17-242.04 Rules and regulations; enforcement; compensation of officers and employees
The board of revenue, court of county commissioners, or other like governing body of Colbert County shall promulgate and adopt such rules and regulations, not...
- Section 45-17-242.05 Payment of tax; records; inspections; seizure and sale of contraband; appraisal; return of confiscated property; re-use of stamps or refill of packages
(a) After the tax herein authorized has been levied in accordance with the provisions of this part, no person, firm, or corporation shall sell, store,...
- Section 45-17-242.06 Disposition of funds for hospital purposes
The proceeds of the tax authorized by this part, if imposed, less the cost of collection as provided herein, shall be paid into the county...
- Section 45-17-242.07 Violations
404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
- Section 45-17-242.08 Penalties
Any person, firm, or corporation who violates any provisions of this part, or any rules or regulations promulgated and adopted by the county governing body...
- Part 4 Tax, Sales and Use.
- Section 45-17-243 Definitions
(a) The following words, terms, and phrases, as used in this part, shall have the following respective meanings except where the context clearly indicates a...
- Section 45-17-243.01 Authorization of levy of sales tax
(a) The governing body of the county is authorized to levy and impose in the county, in addition to all other taxes of every kind...
- Section 45-17-243.02 Authorization of levy of use tax
(a) The governing body of the county is hereby authorized to levy and impose an excise tax, at the rate of one-half of one percent...
- Section 45-17-243.03 Sales tax to be added to sales price
Each person engaging or continuing within the county in a business subject to the sales tax authorized to be levied in Section 45-17-243.01 shall add...
- Section 45-17-243.04 Collection of taxes
(a) The governing body of the county shall administer and collect the taxes herein authorized to be levied and collected, or shall cause such taxes...
- Section 45-17-243.05 Enforcement of this act; civil suit; taxes a lien
The taxes authorized to be imposed by this part shall constitute a debt due the county and may be collected by civil suit, in addition...
- Section 45-17-243.06 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 45-17-243.07 Use of proceeds
The entire proceeds derived by the county from the taxes herein authorized to be levied, including any income derived from the investment of such proceeds,...
- Section 45-17-243.08 Effective date; reduction in rates of taxes; termination of levy of taxes
(a) If the governing body of the county elects to levy or impose any of the taxes herein authorized to be levied and imposed, it...
- Section 45-17-243.09 No abatement of taxes
Notwithstanding any provision of law to the contrary, none of the taxes herein authorized to be levied and collected may be abated by any governmental...
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021