Code of Alabama - Title 45: Local Laws - Chapter 2 - Baldwin County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-2-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Baldwin County local laws enacted after 1978 and all Baldwin County prior...
• Part 2 Boundaries.
• Section 45-2-11 Boundary between Baldwin and Mobile Counties
  (a) The boundary between Mobile County and Baldwin County is hereby defined as follows, to wit: Beginning at a point at the three mile limit...
• Article 2 Alcoholic Beverages.
• Part 1 Conduct Prohibited in Licensed Estabishments.
• Section 45-2-20 Legislative findings
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• Section 45-2-20.01 Definitions
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• Section 45-2-20.02 Prohibited entertainment, attire, and conduct
  The following types of entertainment, attire, and conduct are prohibited upon any premises of a licensed establishment within the unincorporated area of Baldwin County. (1)...
• Section 45-2-20.03 Violations
  (a) Any person violating any provision of this part shall upon conviction be punished by a fine of not less than one dollar ($1) nor...
• Part 2 Sunday Sales.
• Division 1 Off-premises Consumption.
• Section 45-2-21 Applicability - Locality
  The Alabama Alcoholic Beverage Control Board may, in its discretion, grant permits to licensed clubs and retailers to sell or dispense draft or keg beer...
• Section 45-2-21.01 Applicability - Subject matter
  This subpart shall apply to the sale of alcoholic beverages for off-premises consumption on Sunday of certain licensees of the Alcoholic Beverage Control Board of...
• Section 45-2-21.02 Referendum - Authorized
  The governing bodies of municipalities within the county, may, by resolution, call for a referendum within the corporate limits of the municipality to determine if...
• Section 45-2-21.03 Referendum - Procedures; districts; notification; exclusion of incorporated areas; approval in incorporated areas
  (a) Any county commission district, or areas within a district to be defined by the county commission, may hold a referendum administered by the Judge...
• Section 45-2-21.04 Referendum - Powers of governing body
  The governing body in the jurisdiction of the referendum shall have the authority to establish hours of sale and other provisions of the referendum necessary...
• Section 45-2-21.05 Referendum - Timing costs
  A referendum provided for by this subpart shall be held not less than 60 days from the date of the local authorization and not more...
• Section 45-2-21.06 Referendum - Ballot
  The question on the ballot shall be: "Do you favor approving the sale of alcoholic beverages for off-premises consumption on Sunday under the same license...
• Section 45-2-21.07 Subsequent referendum
  A referendum for any area held pursuant to this subpart which fails to win approval for the sale of alcoholic beverages for off-premises consumption on...
• Section 45-2-21.08 Construction
  This subpart shall be construed together with all other existing laws not in conflict with this subpart relating to the sale of alcoholic beverages in...
• Division 2 On-premises Consumption.
• Section 45-2-21.30 Applicability - Locality
  This subpart applies only to Baldwin County.
• Section 45-2-21.31 Applicability - Subject matter
  This subpart shall apply to the sale of alcoholic beverages for consumption on the licensed selling premises on Sunday of certain licensees of the Alcoholic...
• Section 45-2-21.32 Referendum - Authorized
  The governing bodies of municipalities within the county may, by resolution, call for a referendum within the corporate limits of the municipality to determine if...
• Section 45-2-21.33 Referendum - Procedures; districts; notification; exclusion of incorporated areas; approval in incorporated areas
  (a) Any county commission district, or areas within a district to be defined by the county commission, may hold a referendum administered by the Judge...
• Section 45-2-21.34 Referendum - Powers of governing body
  The governing body in the jurisdiction of the referendum shall have the authority to establish hours of sale and other provisions of the referendum necessary...
• Section 45-2-21.35 Referendum - Timing; costs
  Any referendum authorized by this subpart shall be held not less than 60 days from the date of that authorization and not more than 120...
• Section 45-2-21.36 Referendum - Ballot
  The question on the ballot shall be: "Do you favor approving the sale of alcoholic beverages for consumption on the licensed selling premises on Sunday...
• Section 45-2-21.37 Subsequent referendum
  Any referendum for any area held pursuant to this subpart which fails to win approval for the sale of alcoholic beverages for consumption on the...
• Section 45-2-21.38 Construction
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• Part 3 Wine Sales.
• Section 45-2-22 Applicability
  This part shall be operative only in Baldwin County.
• Section 45-2-22.01 Purpose
  The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine...
• Section 45-2-22.02 Definitions
  (a) The following words or phrases, or the plural thereof, whenever they appear in this part, unless the context clearly requires otherwise, shall have the...
• Section 45-2-22.03 Wholesaler licensees; exclusive sales territories
  Each supplier of wine licensed by the board authorizing such licensee to sell its wine within the State of Alabama shall sell its wine through...
• Section 45-2-22.04 Prohibited activities - Supplier
  A supplier is prohibited from doing the following: (1) Fail to provide each wholesaler of the supplier's brand or brands with a written agreement which...
• Section 45-2-22.05 Prohibited activities - Wholesaler
  A wholesaler is prohibited from doing the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated sales territory, to the sale and...
• Section 45-2-22.06 Conditions of amendment, modification, termination, etc., of agreement
  (a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier shall not: Amend or modify an agreement; cause a wholesaler...
• Section 45-2-22.07 Transfer of wholesaler business
  (a) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may...
• Section 45-2-22.08 Compensation for violation; arbitration
  (a) Except as provided for in this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused...
• Section 45-2-22.09 Waiver of rights; voluntary settlements
  A wholesaler may not waive any of the rights granted in any provision of this part and the provisions of any agreement which would have...
• Section 45-2-22.10 Agreements governed by this part; transferees; successors
  (a) This part shall apply to agreements in existence on April 19, 2004, as well as agreements entered into or renewed after May 6, 2004....
• Section 45-2-22.11 Remedies
  (a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action...
• Section 45-2-22.12 Provisions cumulative
  This part is cumulative, and supplements and is in addition to Sections 28-8-1 to 28-8-8, inclusive.
• Article 3 Boards and Commissions.
• Section 45-2-30 Reserved
• Article 4 Business, Labor, and Occupations.
• Section 45-2-40 Applicability
  The provisions of this article shall apply to Baldwin County, Alabama.
• Section 45-2-40.01 Definitions
  The following words and terms as used in this article shall, unless the context requires a different meaning, have the meanings respectively ascribed to them...
• Section 45-2-40.02 License required for operation of massage parlor
  It shall be unlawful for any person to operate a massage parlor as herein defined without first having acquired from the county governing body a...
• Section 45-2-40.03 Compliance with health requirements
  Any massage parlor licensed by the county governing body shall at all times comply with all health regulations, rules, and requirements as shall now or...
• Section 45-2-40.04 Sanitary requirements
  (a) No towels, wash cloths, or other linen items shall come in contact with the body or any other part thereof of any customer or...
• Section 45-2-40.05 Use of massage parlor as dormitory or place of sleep
  No massage parlor shall be used as and for a dormitory or place of sleep, nor shall any licensee under this article permit any massage...
• Section 45-2-40.06 Massages administered only at regular, licensed place of business
  No massage shall be administered or applied by any licensee hereunder or any employee, operator, or attendant while working for such licensee, except in or...
• Section 45-2-40.07 Treatment prohibited behind locked doors
  No masseur, masseuse, or other employee or attendant in any massage parlor shall apply or administer any massage or other treatment to any person behind...
• Section 45-2-40.08 Written medical verification required for persons administering treatment
  Subsequent to May 19, 1980, it shall be unlawful for any masseur, masseuse, or other employee or attendant to administer massages in any massage parlor...
• Section 45-2-40.09 Services rendered only when establishment open to public; inspections
  It shall be unlawful for any person to render any service to the public upon the premises of a massage parlor within the county except...
• Section 45-2-40.10 Use of establishment for unlawful behavior; termination of license
  (a) It shall be unlawful for the owner, manager, or supervisor of a massage parlor within the county to allow, authorize, or tolerate in his...
• Section 45-2-40.11 Treatment by person of opposite gender prohibited
  It shall be unlawful for any person to operate a massage parlor, regardless of whether it is a public or private facility, or any bath...
• Section 45-2-40.12 Unlawful massage or touching of another
  It shall be unlawful for any masseur, masseuse, attendant, or person employed in a massage parlor within the county to massage or in any way...
• Section 45-2-40.13 Notification and hearing; revocation of license
  Any license issued hereunder by the county governing body upon the violation of any section, requirement, or provision of this article by the licensee or...
• Section 45-2-40.14 Penalties
  Any person who shall violate any provision or section of this article for which a penalty is not otherwise provided, or who shall do any...
• Part 2 Liquid Goods.
• Section 45-2-41 Applicability
  This part shall only apply in Baldwin County.
• Section 45-2-41.01 Definitions
  For purposes of this part, the following terms have the following meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and the...
• Section 45-2-41.02 Construction and application
  (a) This part shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) This part shall govern dealership agreements for...
• Section 45-2-41.03 Termination, modification, etc., of dealership agreement - Good cause required
  No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or amend or modify a dealership agreement without good...
• Section 45-2-41.04 Termination, modification, etc., of dealership agreement - Notice
  Provided good cause exists for the purposes of an amendment or modification, termination, cancellation, nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide...
• Section 45-2-41.05 Repurchase of inventory
  If a dealership agreement is terminated by a grantor, the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor...
• Section 45-2-41.06 Competing product lines or brands
  It shall be a violation of this part for a grantor to prevent a dealer from having investments in, or holding a dealership agreement for,...
• Section 45-2-41.07 Remedies
  If any grantor violates this part, a dealer may bring an action against the grantor in the Circuit Court of Baldwin County for damages sustained...
• Section 45-2-41.08 Irreparable injury; temporary injunction
  In any action brought against a grantor under this part, any violation of this part by the grantor may be deemed by a court of...
• Section 45-2-41.09 Relation to other laws; rights of transferees and successors
  (a) This part applies to a new or existing dealership agreement for the sale or distribution of liquid goods within Baldwin County, Alabama. However, the...
• Article 5 Constables.
• Section 45-2-50 Office of constable abolished
  In Baldwin County, the office of constable shall be abolished, pursuant to Section 36-23-1. All assets, money, property, real or personal, equipment, and supplies belonging...
• Article 6 Coroner.
• Part 1 Compensation.
• Section 45-2-60 Expense allowance; salary
  (a) The coroner of Baldwin County shall receive an additional expense allowance of five hundred dollars ($500) per month which shall be paid from the...
• Part 2 Investigations.
• Section 45-2-61 Coroner's investigation
  A coroner's investigation shall mean a process of collecting pertinent information concerning the circumstances surrounding the death of an individual, and background information, including all,...
• Section 45-2-61.01 Qualifications
  The county coroner must have a high school education or an equivalent degree. The county coroner prior to beginning his or her first term and...
• Section 45-2-61.02 Limitation of coroner's investigation
  (a) A coroner's investigation is limited to inquiries for determining the cause and manner of death, the identity of the deceased, and circumstances surrounding death....
• Section 45-2-61.03 Deaths to be investigated by the Baldwin County Coroner
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• Section 45-2-61.04 Postmortem examination and autopsies
  When the Baldwin County Coroner determines a death under investigation is one described in Section 45-2-61.03, the coroner may, and upon request, shall be assisted...
• Section 45-2-61.05 County coroner or state medical examiner may take charge of bodies
  While conducting a coroner's investigation of a death hereunder, the Baldwin County Coroner or state medical examiner shall be authorized to take charge of the...
• Section 45-2-61.06 Responsibility to certify deaths
  If after conducting a coroner's investigation of a death, the Baldwin County Coroner or the designated deputy coroner is satisfied that the death was not...
• Section 45-2-61.07 Hospital and medical records
  While conducting a coroner's investigation of a death hereunder, the Baldwin County Coroner or a state medical examiner or the director of the Alabama Department...
• Section 45-2-61.08 Duty to report deaths; alteration of body evidence prohibited
  It shall be the duty and responsibility of any person in the county having knowledge concerning a death occurring under the categories defined in Section...
• Section 45-2-61.09 Duty to notify next of kin and account for personal effects
  The county coroner or any law enforcement officer having jurisdiction and with approval of the county coroner shall take possession of personal effects on or...
• Section 45-2-61.10 Cost of assistance
  The assistance provided by the Alabama Department of Forensic Sciences through its state medical examiners or other scientists, employees, or agents shall be provided without...
• Section 45-2-61.11 Reports as evidence
  The reports of death investigations conducted by the county coroner or by the Alabama Department of Forensic Sciences, or true copies thereof duly certified by...
• Section 45-2-61.12 No liability incurred for proper performance
  Neither the Baldwin County Coroner nor any member of his or her staff, the Director of the Alabama Department of Forensic Sciences, the state medical...
• Article 7 County Commission.
• Part 1 Compensation.
• Section 45-2-70 Mileage allowance
  (a) In Baldwin County, each member of the county commission, at the discretion of the county commission, shall be entitled to receive a mileage allowance...
• Section 45-2-70.01 Basic compensation; compensation of chair; effect of increase in commission members; waiver; compensation adjustments
  (a) In Baldwin County, effective beginning the next term of office, the annual basic compensation of each member of the county commission shall be an...
• Part 2 Publication of Codes.
• Section 45-2-71 Commission authorized to contract for printing and publishing of local laws, regulations, etc.; sale of codes
  (a) This section shall apply only to Baldwin County. (b) Notwithstanding any law to the contrary, the Baldwin County Commission may contract for the codifying,...
• Part 3 Terms of Office.
• Section 45-2-72 Duration of terms; elections
  In Baldwin County, any law to the contrary notwithstanding, the county commissioners elected in November whose terms of office commence January 1985, shall serve two...
• Section 45-2-72.01 Membership; terms of office
  (a) Effective beginning the next term of office, the position of Chair of Baldwin County Commission shall rotate from among the members of the commission...
• Article 8 Courts.
• Part 1 Court Costs.
• Division 1 District Attorney.
• Section 45-2-80 Fee for additional funding
  In addition to the assessment and distribution of the additional court costs and charges for Baldwin County circuit, district, and municipal courts, there shall be...
• Section 45-2-80.01 Assessment of docket fee in certain cases
  (a) In all juvenile cases, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Baldwin County in the Twenty-eighth Judicial...
• Division 2 Domestic Violence Shelters.
• Section 45-2-80.20 Assessment in domestic violence cases
  In addition to all other costs and charges in circuit, district, and municipal court cases in Baldwin County, there shall be levied and assessed a...
• Division 3 Juvenile Detention Facility.
• Section 45-2-80.40 Assessment in juvenile, criminal, quasi-criminal, and bond forfeiture proceedings
  In Baldwin County, in addition to all other fees and costs prescribed by law, there shall be taxed as costs the sum of twenty dollars...
• Division 4 Law Enforcement Fund.
• Section 45-2-80.60 Assessment for persons incarcerated in the Baldwin County jail
  (a) In Baldwin County, additional court costs in the amount of up to twenty dollars ($20) per day to be set by the sheriff shall...
• Division 5 Law Library and Judicial Administration Fund.
• Section 45-2-80.80 County law library established
  The Baldwin County Commission, the governing body of Baldwin County, Alabama, is hereby fully authorized to establish and maintain a public law library in the...
• Section 45-2-80.81 Costs taxes in cases filed in the circuit court or juvenile court
  In order to provide a special fund for the creation and maintenance of the library and for the purposes of judicial administration as further specified...
• Section 45-2-80.82 Costs taxed in court cases filed in the Baldwin County District Court
  There also shall be taxed as costs the sum of fifteen dollars ($15) in each criminal case and civil case, including any juvenile court case,...
• Section 45-2-80.83 Baldwin County Law Library and Judicial Administration Fund; retirement of part-time law librarians
  (a) The sums to be paid to the Baldwin County Commission, as herein provided, shall be kept in a special fund designated as the Baldwin...
• Section 45-2-80.84 Law Library and Judicial Administration Fees
  The items of cost referred to above shall be designated in the respective courts as "Law Library and Judicial Administration Fee" and when any part...
• Section 45-2-80.85 Construction
  This subpart shall be construed together with other laws relating to court costs in Baldwin County.
• Section 45-2-80.86 Actions to collect costs
  Any actions by the Clerk of the Circuit Court of Baldwin County arising out of the collection of court costs in Baldwin County are hereby...
• Section 45-2-80.87 Costs taxed in civil and criminal cases in county courts to fund salaries of court employees, etc
  (a) In addition to any court costs and fees now or hereafter authorized in Baldwin County, excluding all municipal courts, additional court costs in an...
• Division 6
• Section 45-2-80.110 Supervision fee; fund established
  (a) In Baldwin County, a supervision fee of twenty dollars ($20) per month shall be levied against any person placed under supervised probation status of...
• Part 2 District Attorney.
• Division 1 Employees.
• Section 45-2-81 Investigators; presence of bailiffs and employees at grand jury deliberations
  (a) The district attorney's office in the Twenty-eighth Judicial Circuit is hereby authorized to employ such investigators as it deems necessary from time to time....
• Section 45-2-81.01 Powers of investigators
  Investigators in the office of the District Attorney of the Twenty-eighth Judicial Circuit, composed of Baldwin County, who hold a current certification from the Alabama...
• Division 2 Funding.
• Section 45-2-81.20 Disposition of phased-out supplements
  (a) This section shall apply only to Baldwin County. (b) The local supplements of circuit and district judges in Baldwin County that are phased out...
• Division 3 Pre-Trial Intervention Program.
• Section 45-2-81.40 Pre-Trial Intervention Program
  (a) The District Attorney of the Twenty-eighth Judicial Circuit of Alabama may establish a Pre-Trial Intervention Program. (b) The district attorney shall retain all discretionary...
• Section 45-2-81.41 Eligibility
  (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the Twenty-eighth Judicial...
• Section 45-2-81.42 Appropriateness of intervention
  (a) Intervention shall be appropriate if: (1) There is a likelihood justice will be served if the offender is placed in an intervention program. (2)...
• Section 45-2-81.43 Admission into program
  (a) Prior to being admitted to the Pre-Trial Intervention Program or as a part of the district attorney's evaluation process, an applicant may be required...
• Section 45-2-81.44 Program requirements
  (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon the successful completion of the program, his or her...
• Section 45-2-81.45 Time for application
  (a) An offender shall make application to the Pre-Trial Intervention Program no later than 45 days after service of the warrant or within 21 days...
• Section 45-2-81.46 Costs and fees
  An applicant for the Pre-Trial Intervention Program on each charge shall pay a nonrefundable application fee of an amount not exceeding the cost of court...
• Section 45-2-81.47 Substance abuse treatment program; drug testing
  The district attorney and the offender may enter into an agreement as a part of the Pre-Trial Intervention Program of an offender that the offender...
• Section 45-2-81.48 Written agreement; other terms and conditions
  (a) In any case in which an offender is admitted into a Pre-Trial Intervention Program, there shall be a written agreement between the district attorney...
• Section 45-2-81.49 Pre-Trial Intervention Fund
  The district attorney shall establish a Pre-Trial Intervention Fund. All fees paid by offenders as set out in this subpart to the district attorney shall...
• Section 45-2-81.50 Violations; waiver
  (a) If the offender violates the conditions of the Pre-Trial Intervention Program agreed to in writing by the offender and the district attorney, the district...
• Division 4 Restitution Recovery Division.
• Section 45-2-81.70 Applicability
  This subpart shall apply only in the Twenty-eighth Judicial Circuit.
• Section 45-2-81.71 Purpose
  The purpose of this subpart is to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law,...
• Section 45-2-81.72 Restitution Recovery Division - Establishment
  The district attorney may establish a special division designated the "Restitution Recovery Division" for the administration, collection, and enforcement of court costs, fines, penalty payments,...
• Section 45-2-81.73 Written notice of defaults - Enforcement of the collection of fund
  The court, the clerk of the court, or a probation officer shall notify the district attorney in writing when any bail bond forfeitures, court costs,...
• Section 45-2-81.74 Manner of enforcement
  After notification, as provided in Section 45-2-81.73, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered payments...
• Section 45-2-81.75 Collection fees; disposition of funds
  (a) After a matter has been transferred to the district attorney under Section 45-2-81.73, a court shall assess a collection fee of 30 percent of...
• Section 45-2-81.76 Amnesty period
  There shall be an amnesty period of 60 days after May 2, 1994, during which any person may voluntarily pay in full any duly assessed...
• Section 45-2-81.77 Civil judgments
  In addition to the provisions of this subpart, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges shall...
• Part 3 Judicial Circuit.
• Division 1 Branch Courthouses.
• Section 45-2-82 Branch offices of the judge of probate and revenue commissioner
  (a) This section shall only apply in Baldwin County. (b)(1) In addition to the main courthouse in Bay Minette, the Legislature hereby authorizes the judge...
• Section 45-2-82.01 Filing for record and preservation of orders and decrees
  The Judge of Probate of Baldwin County may conduct nonjury probate proceedings in the branch courthouses located in the Cities of Foley and Fairhope not...
• Section 45-2-82.02 Authorization and limitation of nonjury court proceedings in branch courthouses
  The circuit and district court judges for the Twenty-eighth Judicial Circuit are authorized to conduct nonjury court proceedings in branch courthouses within the Twenty-eighth Judicial...
• Division 2 Circuit Courts.
• Section 45-2-82.20 Minute books
  (a) In the Twenty-eighth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting and for the circuit...
• Section 45-2-82.21 Passports
  In Baldwin County, passports shall be issued by the circuit clerk pursuant to the authority granted in Section 36-1-10. Any fees collected by the circuit...
• Division 3 Compensation.
• Section 45-2-82.40 Supplemental salary for circuit and district judges
  (a) Immediately upon April 27, 1981, all circuit judges for the Twenty-eighth Judicial Circuit of Alabama shall receive a supplemental salary payable in equal monthly...
• Section 45-2-82.41 Expense and automobile allowance for district attorney
  The District Attorney of the Twenty-eighth Judicial Circuit shall receive, in addition to any other compensation and in addition to any other supplement provided by...
• Section 45-2-82.42 County salary supplement - Circuit judges and district attorney
  (a) It has come to the attention of the Legislature that the present compensation of the circuit judges and District Attorney for the Twenty-eighth Judicial...
• Section 45-2-82.43 County salary supplement - Court reporters
  The Baldwin County Commission, by the adoption of a resolution, may grant each court reporter of the Twenty-eighth Judicial Circuit a county salary supplement in...
• Part 4 Probate.
• Division 1 Compensation.
• Section 45-2-83 Judge of probate
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• Division 2 Recording of Property Instruments.
• Section 45-2-83.20 Names and addresses of grantors and grantees required
  (a) The Probate Judge of Baldwin County shall not receive for record or permit the recording of an instrument in which the title to real...
• Section 45-2-83.21 Special recording fee
  (a) Beginning May 18, 2017, a special recording fee of five dollars ($5) shall be collected by the Judge of Probate of Baldwin County, with...
• Division 3 Wills and Estates.
• Section 45-2-83.40 Deposit of will during life of testator
  (a) Any testator who resides in Baldwin County may deposit his or her will with the Baldwin County Probate Court. The will shall be sealed...
• Part 5 Pretrial Release and Community Corrections.
• Section 45-2-84 Legislative intent
  The purpose of this part is not only to promote the rehabilitation of offenders, but insofar as possible, to make the implementation of this part...
• Section 45-2-84.01 Powers and duties of county commission
  (a) The Baldwin County Commission may implement this part. Upon implementation of this part, the Baldwin County Commission shall have the duty to generally superintend...
• Section 45-2-84.02 Definitions
  As used in this part, the following words shall have the following meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical structure...
• Section 45-2-84.03 Release of eligible persons; participation in programs
  (a) Any eligible person, who is within the jurisdiction of the Circuit or District Courts of the Twenty-eighth Judicial Circuit, may be released at the...
• Section 45-2-84.04 Payment of court ordered sums
  Any eligible person who has been sentenced to the Baldwin County Community Corrections Center or a program pursuant to this part, granted probation or whose...
• Section 45-2-84.05 Credit for jail time; community service; violations of terms and conditions
  (a) Any person who has been released from custody or sentenced under this part may be required by the court to report to the Baldwin...
• Section 45-2-84.06 Application for pretrial release; payment of fees, etc
  (a) Any person charged in Baldwin County for an offense, other than those enumerated in subdivision (5) of Section 45-2-84.02, may request and apply for...
• Section 45-2-84.07 Periodic reporting; supervision fee
  (a) In addition to all other conditions of release of a defendant pending trial as now or hereafter provided by law or rule of court,...
• Section 45-2-84.08 Rules and regulations; revocation hearings
  (a) The Baldwin County Pretrial Release and Community Corrections Board may promulgate rules and regulations for establishing pretrial release programs, alternative sentencing programs, educational programs,...
• Section 45-2-84.09 Failure to report for confinement
  Any person released under this part at any stage of the proceeding of his or her case, or ordered confined to the Baldwin County Community...
• Section 45-2-84.10 Payment of portion of earnings; payroll deduction
  Any person released from jail or the custody of the Department of Corrections pursuant to this part or sentenced under the provisions of this part...
• Section 45-2-84.11 Administrative and supervision fees
  The Baldwin County Pretrial Release and Community Corrections Board may establish administrative and supervision fees to fund pretrial release programs, alternative sentencing programs, educational programs,...
• Section 45-2-84.12 Waiver of fees
  Any judicial officer of the Twenty-eighth Judicial Circuit, upon making a determination that the defendant is indigent and not able to be employed, may waive...
• Section 45-2-84.13 Disposition of funds
  All sums collected pursuant to this part other than those collected under order of the court for the benefit of some other purpose or agency,...
• Section 45-2-84.14 Transport of eligible persons; participants not deemed government agents or employees
  The Baldwin County Commission, its employees and agents, the Baldwin County Sheriff's Office, its agents and employees, or the Baldwin County Community Corrections Center, its...
• Section 45-2-84.15 Exemption from civil liability
  The Baldwin County Pretrial Release and Community Corrections Board and the Baldwin County Community Corrections Center, its members, agents, and employees shall be exempt from...
• Section 45-2-84.16 Punishment for contempt
  This part shall not interfere with or prevent the exercise by any court of its power to punish for contempt.
• Section 45-2-84.17 Implementation by resolution; allocation of funds; personnel; probation officers
  (a) The Baldwin County Commission may by resolution implement this part. The Baldwin County Commission upon passing a resolution to implement this part shall by...
• Section 45-2-84.18 Fund surplus
  If, at the end of any calendar year, there remains a surplus in the Baldwin County Community Corrections Fund, the surplus may be held by...
• Article 9 Economic and Industrial Development and Tourism.
• Section 45-2-90 Reserved
• Article 10 Education.
• Section 45-2-100 Expenditure of public school funds for supplies for use by the office of the county superintendent of education
  (a) The Baldwin County Board of Education is hereby authorized to expend public school funds for supplies and equipment to be used in the office...
• Section 45-2-100.01 Compensation - Board of education
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• Section 45-2-100.02 Formation and operation of city school systems; city boards of education; transfer of rights, titles, and interests
  (a) The Legislature finds and declares the following: (1) The magnitude and patterns of the historical and projected increases of population in Baldwin County, Alabama,...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-2-110 Compensation - Board of registrars
  In Baldwin County, in addition to any and all other compensation, salary, and expense allowance provided for by law, there may be paid to each...
• Section 45-2-110.01 Health insurance coverage
  The Baldwin County Commission, by resolution duly adopted, may authorize the members of the Baldwin County Board of Registrars to be covered under the county...
• Part 2 Compensation of Election Officers and Poll Workers.
• Section 45-2-111 Compensation - Poll workers
  In Baldwin County, each poll worker shall receive compensation payable out of the general fund of the county as set by the county commission from...
• Section 45-2-111.01 Compensation - Election officials
  In Baldwin County, election officials who work at polling places are hereby entitled to an additional per diem allowance in such an amount as will,...
• Part 3 Polling Places.
• Section 45-2-112 Designation of fire stations as polling places
  In addition to the authority granted in Chapter 46 of Title 11 and Article 1, commencing with Section 17-6-1, of Chapter 6 of Title 17,...
• Article 12 Employees.
• Section 45-2-120 Purpose
  The purpose of this article is to establish a Baldwin County personnel merit system in order to maintain high quality employee conduct, integrity, and concern...
• Section 45-2-120.01 Definitions
  As used in this article, the following words shall have the following meanings: (1) APPOINTING AUTHORITY. The sheriff, judge of probate, revenue commissioner, the county...
• Section 45-2-120.02 Personnel merit system established
  There is established a merit based personnel system for Baldwin County. This system is based on the following principles: (1) The recruitment, selection, and advancement...
• Section 45-2-120.03 Employees subject to system
  All county employees shall be hired, retained, disciplined, and dismissed based on rules, policies, and procedures adopted to implement this article. This personnel system shall...
• Section 45-2-120.04 Hearing required for separation from county employment
  All classified county employees who have successfully completed a probationary period with the county shall not be separated from county employment without the minimum of...
• Section 45-2-120.05 Powers and duties of county commission
  The county commission shall establish a personnel system for Baldwin County and create a personnel department. The county commission shall adopt all rules, policies, and...
• Section 45-2-120.06 Personnel department - Duties; funding
  The personnel department shall assist the county commission in the establishment and implementation of a merit-based personnel system. The county commission shall fund the personnel...
• Section 45-2-120.07 Rules, policies, procedures
  The personnel department shall promulgate all rules, policies, and procedures necessary to implement this article after consultation with the county commission and subject to the...
• Section 45-2-120.08 Personnel Appeals Board
  (a) There shall be established the Baldwin County Personnel Appeals Board. The board shall hear all appeals from final action as requested by an affected...
• Section 45-2-120.09 Appeals from disciplinary actions
  (a) A classified employee shall have the right to appeal any disciplinary action taken against him or her. An employee on probationary status shall not...
• Section 45-2-120.10 Hiring of employees; placement actions
  (a) Each appointing authority and department head is authorized to hire employees to fill approved vacancies as established by the county commission. All classified employees...
• Section 45-2-120.11 Classification of existing employees
  All existing employees of Baldwin County who have successfully completed a probationary period on July 31, 1995, as currently provided shall be classified employees except...
• Section 45-2-120.12 Appointed and contract employees
  One appointed employee position may be filled by the judge of probate which position shall be designated chief clerk. Two appointed employee positions may be...
• Section 45-2-120.13 Power of commission to contract for professional services
  This article shall not affect the power of the county commission to contract for professional services or services not performed by a county employee on...
• Section 45-2-120.14 Construction of article
  It is the intent of the Legislature that the personnel system, appeals processes, policies, procedures, rules, and regulations herein established shall comply with and be...
• Section 45-2-120.15 Effective date
  The provisions of this article providing for the hiring of county employees from certified registers shall become operative 90 days from July 31, 1995.
• Article 13 Engineer, County.
• Section 45-2-130 Reserved
• Article 14 Fire Protection and Emergency Medical Services.
• Part 1 Access to Property.
• Section 45-2-140 Emergency services
  In Baldwin County, the county or any municipality or any of its respective agents, contractors, agencies, or departments may access property using privately owned roads...
• Part 2 Forest Protection.
• Section 45-2-141 Protection of forests; costs
  (a) The County Commission of Baldwin County is authorized, when the need exists, to provide for the protection of forests from fire, insects, disease, beavers,...
• Part 3 Funding.
• Section 45-2-142 Civil air patrol, Daphne and Hub City Search and Rescue Squads
  The Baldwin County Commission is hereby authorized to appropriate the combined sum of not more than one thousand dollars ($1,000) each year to the Baldwin...
• Section 45-2-142.01 Search and rescue squads
  (a) This section shall apply to voluntary nonprofit search and rescue units or squads which are operated as a public service for the benefit of...
• Part 4 Records.
• Section 45-2-143 Recordkeeping; audits
  (a) This section shall only apply in Baldwin County. (b) Each volunteer fire department and each rescue squad organized as a nonprofit corporation under Chapter...
• Article 15 Gambling.
• Section 45-2-150 Reserved
• Article 16 Government Finance and Operations.
• Part 1 Baldwin County Employees Fund.
• Section 45-2-160 Fund authorized; committee
  (a) The Baldwin County Commission may establish a fund known as the "Baldwin County Employees Fund." The purpose of the fund shall be to account...
• Part 2 Commission Discretionary Fund.
• Section 45-2-161 Established; disposition of funds
  (a) This section shall apply only in Baldwin County. The governing body of Baldwin County may appropriate out of any moneys in the county treasury...
• Part 3 Liability for Monetary Loss.
• Section 45-2-162 Duties and liability of revenue commissioner, judge of probate, and sheriff
  (a) The Baldwin County Revenue Commissioner, Judge of Probate of Baldwin County, and Sheriff of Baldwin County shall not be assessed any monetary loss, not...
• Article 17 Health and Environment.
• Part 1 Construction.
• Section 45-2-170 Permits for construction using discoloring materials prohibited
  (a) This section shall apply only to Baldwin County, Alabama. (b) As used in this section, the term "clays, sand clays, and other materials" means...
• Part 2 Health.
• Division 1 Board of Health.
• Section 45-2-171 Schedule of fees; rules and regulations
  (a) The Board of Health of Baldwin County may annually fix a schedule of fees which shall cover the actual cost or a portion thereof...
• Division 2 Indigent Care Board.
• Section 45-2-171.20 Definitions
  For the purposes of this subpart, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) "Medically...
• Section 45-2-171.21 Baldwin County Indigent Care Board authorized
  At the determination of the county commission, there may be hereby established the Baldwin County Indigent Care Board, hereinafter referred to as the board, whose...
• Section 45-2-171.22 Funding of board
  The board shall receive into its account or accounts funds received or collected by Baldwin County under the provisions of subdivision (5) of Section 45-2-245,...
• Part 3 Solid Waste.
• Section 45-2-172 Exemption from mandatory solid waste fee
  Pursuant to the authorization contained in Section 22-27-3, the Baldwin County Commission is authorized by this section to grant an exemption from the county mandatory...
• Article 18 Highways and Bridges.
• Part 1 Billboards, Signs, and Advertising.
• Division 1 Billboards.
• Section 45-2-180 Regulation of billboards along the Foley Beach Express
  (a) This section shall apply only within the unincorporated areas of Baldwin County. (b)(1) In the unincorporated areas of Baldwin County, the county commission may...
• Section 45-2-180.01 Regulation of billboards in unincorporated areas; enforcement; variances; appeals
  (a) This section shall apply only within the unincorporated areas of Baldwin County. (b)(1) In the unincorporated areas of Baldwin County, the county commission may...
• Division 2 Political Campaign Signs.
• Section 45-2-180.20 Political signs on public rights-of-way
  (a) Signs, markers, and advertising, pertaining to political campaigns, on the rights-of-way of state and county controlled highways are prohibited in Baldwin County except those...
• Part 2 Personnel.
• Section 45-2-181 Highway maintenance, repair or construction; personnel; equipment; compensation
  (a) Any special, local, or general law to the contrary notwithstanding, the Baldwin County governing body, upon adoption of a resolution, is authorized to employ,...
• Part 3 Wreckers.
• Section 45-2-182 Regulation of motor vehicle wreckers
  (a) In Baldwin County, all motor vehicle wreckers shall be placed upon a rotation system to be devised by the Alabama State Department of Public...
• Article 19 Legislature.
• Section 45-2-190 Baldwin County Legislative Office established
  There is hereby established the Baldwin County Legislative Office. The County Commission of Baldwin County shall provide office space, office furniture, office equipment, telephone service,...
• Article 20 Licenses and Licensing.
• Section 45-2-200 Payment with dishonored or invalid personal check
  (a) In Baldwin County, in cases where a personal check given for a license is found to be noncollectible for any reason, the probate judge...
• Section 45-2-200.01 Renewal by mail
  (a) In Baldwin County, all licenses issued by the judge of probate or the license commissioner, including, but not limited to, those relating to motor...
• Article 21 Motor Vehicles and Transportation.
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Part 1 Baldwin County Department of Archives and History.
• Section 45-2-220 Applicability
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-2-220.01 Legislative findings
  The Legislature finds that Baldwin County has a legal obligation to create and maintain records which document its work and to make those records accessible...
• Section 45-2-220.02 Department of Archives and History established; fees and costs
  (a) The Legislature hereby establishes the Baldwin County Department of Archives and History to facilitate the preservation, conservation, and accessibility of the records of Baldwin...
• Section 45-2-220.03 Archives as depository of records and historical items
  The Baldwin County Archives shall act as a separate depository for the archival and historic records of all branches of Baldwin County government including, but...
• Section 45-2-220.04 Funding
  (a) The Baldwin County Archives shall be funded by all of the following: (1) By transaction fees levied by the county commission for the purpose...
• Section 45-2-220.05 Additional recording fees
  (a) In Baldwin County, there is levied an additional recording fee of three dollars ($3), and the Baldwin County Commission may impose, by resolution of...
• Section 45-2-220.06 Advisory Board
  The Baldwin County Department of Archives and History Advisory Board is created and shall be composed of the following members: Chair of county commission, presiding...
• Section 45-2-220.07 Development of record management program
  The Baldwin County Archives shall provide assistance to the departments of the Baldwin County government in the development and operations of the record management program...
• Section 45-2-220.08 Archives; staff
  The staff of the Baldwin County Archives shall consist of an archivist and other employees deemed necessary by the archivist and county commission. The archivist...
• Part 2 Historic Districts.
• Section 45-2-221 Preservation of historic architecture
  The County Commission of Baldwin County may adopt ordinances to protect the historic architectural character of the county in the manner hereinafter prescribed.
• Section 45-2-221.01 Designation of historic or preservation districts
  The county commission may designate as a historic district any section of the county containing buildings designated by the Historic American Buildings Survey or any...
• Section 45-2-221.02 Definitions
  As used in this part, the following terms shall have the meanings or descriptions as provided herein unless the context clearly indicates otherwise: (1) "Historic...
• Section 45-2-221.03 Requirements for historic district designation
  Applicants shall meet requirements of subdivision (1) and one or more of the other following requirements in order to be considered for historic district designation:...
• Section 45-2-221.04 Requirements for preservation district designation
  Applicants shall meet requirements of subdivision (1) and one or more of the other following requirements in order to be considered for preservation district designation:...
• Section 45-2-221.05 Application form
  Applicants submitted for historic district or preservation district designation need be of no particular form, but shall contain the following information: (1) The name, address,...
• Section 45-2-221.06 Enlargement of designated district
  The county commission may vote to enlarge a designated historic district or preservation district if it determines that the best interest of the district and...
• Section 45-2-221.07 Rescission of district designation
  The county commission may vote to rescind the designation of a historic district or preservation district if it determines that compelling and substantial supportive reasons...
• Section 45-2-221.08 Application for rescission of district designation
  Applicants shall meet the following requirements in order for the county commission to consider rescission of a district designation: (1) Notification of the county commission...
• Section 45-2-221.09 Form of application for rescission
  Applications submitted for rescission of a historic district or preservation district designation need be of no particular form, but shall contain the following information: (1)...
• Section 45-2-221.10 Historic development commission
  A historic development commission with the following membership, duties, and powers may be created by the county commission. (a) The commission shall be composed of...
• Section 45-2-221.11 Architectural review board and preservation district review board
  An architectural review board and a preservation district review board with the following membership, duties, and powers may be created by the county commission. (a)...
• Section 45-2-221.12 Review of building plans
  The county commission shall prescribe the procedure for the review of building plans for any building to be erected or renovated which is located or...
• Section 45-2-221.13 Regulations
  The county commission may adopt such other regulations as are necessary to effect the purposes of this part; provided however that nothing in this part...
• Part 3 Leasing of Oil, Gas, and Mineral Rights for Public Recreation Purposes.
• Section 45-2-222 Lease of oil, gas, and mineral rights
  (a) On roads where Baldwin County owns the oil, gas, and mineral rights, the Baldwin County Commission is authorized to lease the oil, gas, and...
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-2-230 Salary and expense allowance
  (a) Commencing with the term of office beginning January 1999, the Sheriff of Baldwin County shall receive an annual salary of seventy-six thousand one hundred...
• Section 45-2-230.01 Compensation. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2008 REGULAR SESSION, RETROACTIVELY EFFECTIVE TO SEPTEMBER 21, 2004
  (a) This section shall only apply to Baldwin County. (b) The compensation paid to the sheriff serving on September 21, 2004, from that date to...
• Section 45-2-230.02 Additional expense allowance; salary increase
  (a) Commencing on June 1, 2017, the Sheriff of Baldwin County shall be entitled to an additional expense allowance in the amount of twenty thousand...
• Part 2 Funding.
• Division 1 County Appropriations.
• Section 45-2-231 Appropriations for use of sheriff in enforcement of drug laws
  The county commission of Baldwin County is hereby authorized and empowered, in its discretion, to appropriate funds from the county general fund for the use...
• Division 2 Private Contributions.
• Section 45-2-231.20 Private contributions to support official programs
  The Sheriff of Baldwin County is hereby authorized to accept private contributions of money to support programs under the official auspices of the sheriff's department....
• Division 3 Sale of Abandoned, Stolen, and Unclaimed Property.
• Section 45-2-231.40 Records of abandoned and stolen property; storage
  (a) The Sheriff of Baldwin County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff's department....
• Section 45-2-231.41 Sale of perishable property
  If the abandoned and stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are...
• Section 45-2-231.42 Records of abandoned and stolen firearms; sale or destruction
  (a) The sheriff shall keep and maintain a separate permanent record of all abandoned and stolen firearms, not subject to disposition by general law. The...
• Section 45-2-231.43 Notice and sale of stolen or abandoned property
  (a) At least every six months, the sheriff shall sell at public auction to the highest bidder for cash all abandoned or stolen personal property,...
• Section 45-2-231.44 Claim of property
  The owner of any abandoned or stolen personal property recovered by the Baldwin County Sheriff's office, including firearms, may claim the property at any time...
• Section 45-2-231.45 Record of sale; rejection of bid
  If property is sold at public auction, as provided in this subpart, a notation in the storage record book shall be made of the sale...
• Section 45-2-231.46 Disposition of sale proceeds
  The proceeds from the sale of property at an auction conducted under the authority of this subpart, after deducting and paying all expenses incurred in...
• Division 4 Sale of Confiscated Property.
• Section 45-2-231.70 Disposition of proceeds
  The Sheriff's Department of Baldwin County shall receive 25 percent of the proceeds of the sale of property confiscated under Section 20-2-93, known as the...
• Division 5 Service of Process Serving Fund.
• Section 45-2-231.90 Baldwin County Sheriff Service of Process Serving Fund
  (a) This section shall only apply to Baldwin County. (b) The Baldwin County Sheriff Service of Process Serving Fund is created and hereinafter referred to...
• Part 3 Jails.
• Section 45-2-232 Jail store and telephone system
  (a) The Sheriff of Baldwin County or the authorized agents of the sheriff may operate a jail store and a telephone system for prisoners within...
• Section 45-2-232.01 Law Enforcement Fund
  (a) The sheriff shall establish and maintain a Law Enforcement Fund in a bank located in Baldwin County. All proceeds collected under this part shall...
• Section 45-2-232.02 Disposition of funds
  All profits realized pursuant to this part shall be expended for any lawful purpose by the sheriff for the operation of the office of the...
• Section 45-2-232.03 Law Enforcement Fund nonexclusive
  The establishment of the Law Enforcement Fund and the use of the proceeds shall not diminish or take the place of any other source of...
• Section 45-2-232.04 Prior actions ratified
  Any actions relating to the operation of a jail store and a telephone system in the county jail prior to May 21, 1996, are ratified...
• Part 4 Liability.
• Section 45-2-233 Liability of sheriff
  The Sheriff of Baldwin County shall not be liable for the acts of his or her deputies unless he or she participates in such acts...
• Part 5 Personnel.
• Division 1 Sheriff's Personnel Merit System.
• Section 45-2-234 Applicability
  This subpart shall apply only in Baldwin County.
• Section 45-2-234.01 Definitions
  As used in this subpart, the following words have the following meanings: (1) APPOINTED EMPLOYEE. A limited class of employees who serve at the pleasure...
• Section 45-2-234.02 Scope of subpart
  This subpart applies to all law enforcement officials, corrections officers, and employees employed by the office of Sheriff of Baldwin County except the chief deputy,...
• Section 45-2-234.03 Merit system rules and regulations
  All employees to whom this subpart applies shall be governed by merit system rules and regulations governing dismissals, suspensions, layoffs, and terminations adopted by the...
• Section 45-2-234.04 Administration of compensation and benefits
  All employees of the office of Sheriff of Baldwin County shall continue to participate and be serviced in matters of health insurance, life insurance, and...
• Section 45-2-234.05 Transfer of sick leave and longevity time
  All sick leave and longevity time accrued by an employee shall be transferred, with the employee, from the county system to the Sheriff's Personnel Merit
• Section 45-2-234.06 Sheriff's Office Personnel Appeals Board - Creation; composition
  (a) There shall be established the Sheriff's Office Personnel Appeals Board. The board shall hear all appeals from final action as requested by an affected...
• Section 45-2-234.07 Sheriff's Office Personnel Appeals Board - Nomination and election of members
  (a) The personnel officer shall notify all classified employees that nominations for membership on the board will be accepted for a period of 10 days...
• Section 45-2-234.08 Terms of office; oath; compensation; appeals procedures
  (a) The original members shall serve for the following terms: One for one year, one for two years, one for three years, and two for...
• Section 45-2-234.09 Appeals; subpoenas; hearing
  (a) A classified employee, other than an appointed official, shall have the right to appeal any disciplinary action taken against him or her. An employee...
• Section 45-2-234.10 Probationary employees
  All appointments of employees to which this subpart applies, other than temporary appointments, shall be probationary for 12 months from the date of appointment. A...
• Section 45-2-234.11 Appointment of chief deputy sheriff and chief civil deputy
  Whenever a new sheriff is elected or appointed, he or she may appoint any person as his or her chief deputy sheriff and chief civil...
• Section 45-2-234.12 Files and records of transferred employees
  The office of sheriff shall insure the generation of new and continued required files and records of all employees transferred pursuant to this subpart and...
• Section 45-2-234.13 Political activity
  Each employee may exercise his or her right as a citizen to express his or her opinion and to cast his or her vote. No...
• Section 45-2-234.14 Violations
  Any merit employee who willfully violates any provision of this subpart, or any rule or regulation issued in pursuance to this subpart, may be dismissed...
• Section 45-2-234.15 Employees covered upon implementation
  Employees to which this subpart applies shall be covered by the merit system upon implementation of this subpart.
• Division 2 Retirement.
• Section 45-2-234.40 Receipt of badge and firearm
  Any individual employed by the Baldwin County Sheriff's office as a law enforcement officer, including the sheriff, for a period of 10 years or more...
• Part 6 Pistol Permit.
• Section 45-2-235 Fees; disposition of funds
  (a) In Baldwin County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person...
• Part 7 Municipal Contract for Services.
• Section 45-2-236 Contracting of police services by municipality
  (a) This section shall apply only to Baldwin County. (b) On and after September 1, 2007, any municipality within Baldwin County may contract for police...
• Part 8 Notice by Municipality of Decision to Stop Enforcing Laws within Police Jurisdiction.
• Section 45-2-237 Enforcement of laws
  In Baldwin County, any municipality which is enforcing laws within its police jurisdiction shall give 180 days' notice in writing to the county commission and...
• Part 9 Qualifications.
• Section 45-2-238 Minimum qualifications for sheriff; continuing education
  (a) This section shall apply only to Baldwin County. (b) After May 13, 2013, any person qualifying for election to the office of sheriff in...
• Part 10 Purchasing Procedures.
• Section 45-2-239 Purchasing procedures using credit or debit card
  (a) For purposes of this section, the following words have the following meanings: (1) CREDIT CARD. A line of credit issued by a domestic lender...
• Article 24 Taxation.
• Part 1 Equalization, Board of
• Section 45-2-240 Compensation
  (a) In addition to the per diem paid by the state pursuant to the general law, the members of the Baldwin County Board of Equalization...
• Part 2 Revenue Commissioner.
• Section 45-2-241 Consolidation of unified system
  (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 45-2-241.01 Electronic filing of business personal property tax returns
  (a) This section is enacted pursuant to Amendment No. 783 of the Constitution of Alabama of 1901, now appearing as Section 5.01 of the Baldwin...
• Section 45-2-241.02 Expense allowance; salary
  (a) Commencing on June 1, 2017, the Revenue Commissioner of Baldwin County shall be entitled to an additional expense allowance in the amount of twenty...
• Part 3 Tax, Ad Valorem
• Division 1 Fire Departments.
• Section 45-2-242 Levy of tax; disposition of funds
  (a) In addition to any other taxes levied and collected in Baldwin County, there is hereby levied, and shall be collected, a one and one-half...
• Division 2 Libraries.
• Section 45-2-242.20 Levy of tax; disposition of funds
  Pursuant to Amendment No. 319 to the Constitution of Alabama of 1901, the Baldwin County Commission may levy, in addition to any other tax, an...
• Division 3 Residential Classification.
• Section 45-2-242.40 Classification of property
  (a) Residential property located in Baldwin County shall include single-family dwellings and the underlying lot which is destroyed or damaged to the extent that the...
• Part 4 Tax, General.
• Division 1 Administration and Enforcement.
• Section 45-2-243 Designees; compensation; powers
  (a) The Baldwin County Commission and any municipality located in Baldwin County, if authorized by resolution or ordinance duly adopted by the Baldwin County Commission...
• Division 2 Alabama Gulf Coast Convention and Visitors Bureau.
• Section 45-2-243.20 Bureau established
  There is created and established in Baldwin County a public corporation, which shall be vested with the powers conferred upon it by this subpart. The...
• Section 45-2-243.21 Programs; contracts; powers
  (a) The bureau shall conduct programs, including but not limited to, programs of information and publicity designed to attract conventions and tourists to the area....
• Section 45-2-243.22 Board of directors - Composition; expenses
  (a) The affairs of the bureau shall be managed by a board of directors, hereinafter called "the board," which shall consist of the following: At...
• Section 45-2-243.23 Board of directors - Powers and duties
  (a) The power of the bureau shall be vested in and exercised by the board of directors pursuant to this subpart. (b) The board shall...
• Section 45-2-243.24 Lodging tax district established
  There is established a "lodging tax district" located in Baldwin County, to include all areas within the following boundaries: (1) All areas within the corporate...
• Section 45-2-243.25 Privilege or license tax on lodging
  In addition to all other taxes imposed by law, there is levied a privilege or license tax in the amount prescribed against every person within...
• Section 45-2-243.26 Exemptions
  (a) There are exempted from the provisions of the tax levied by this subpart and from the computation of the amount of the tax levied...
• Section 45-2-243.27 Payment and collection of tax
  (a) The taxes levied by this subpart, except as otherwise provided, shall be due and payable to the Department of Revenue on or before the...
• Section 45-2-243.28 Application of subpart
  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 45-2-243.29 Severability
  None of the provisions of this subpart shall be applied in a manner to violate the Commerce Clause of the United States Constitution. If a...
• Section 45-2-243.30 Disposition of funds
  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 3 Public Improvement Association.
• Section 45-2-243.50 Authority to manage public improvements outside municipal boundaries
  (a) The Baldwin County Commission shall have authority to control, manage, supervise, regulate, repair, maintain, and improve any type public improvement which enhances the value...
• Section 45-2-243.51 List of assessed property owners
  When any assessment is made pursuant to this subpart, the chairman of the county commission shall cause to be prepared a roll or list showing...
• Section 45-2-243.52 Assessment book for county improvements
  Such list shall be entered in a well-bound book or loose-leaf book firmly bound, prepared for that purpose, and shall contain appropriate columns in which...
• Section 45-2-243.53 Notice of delivery of assessment book
  After the completion of the proper entries of each improvement, the book shall be delivered to the tax collector of the county, who shall thereupon...
• Section 45-2-243.54 Notice requirements
  The notice provided for in the preceding section shall state that, at a time and place therein mentioned, not less than 20 days from the...
• Section 45-2-243.55 Defect in notice or proceedings
  If there is any defect in the notice or proceedings before or subsequent to the notice with respect to one or more interested persons, the...
• Section 45-2-243.56 Objections or defenses to proposed assessments
  The owner or owners of any real estate or any interest therein which it is proposed to assess for the cost or any part thereof...
• Section 45-2-243.57 Hearing
  The county commission shall hear and pass upon all such objections to and protests against the proposed assessment under such reasonable rules and regulations as...
• Section 45-2-243.58 Time and manner of payment of assessments
  The costs and expenses of materials used in the repair, maintenance, and improvement of the public improvements which is assessed by the county commission against...
• Section 45-2-243.59 Assessments liens
  Assessment liens for charges and expenses authorized in this subpart, except as herein provided, shall insofar as feasible be governed by laws governing assessment liens...
• Section 45-2-243.60 Savings provision
  The provisions of this subpart are cumulative, and it shall not repeal any local law granting similar duties to the Baldwin County Commission unless inconsistent...
• Section 45-2-243.61 Scope
  (a) This section shall apply to Baldwin County in the unincorporated areas of the county. (b) In addition to the authority granted pursuant to Sections...
• Division 4 Impact Fees.
• Section 45-2-243.80 Applicability
  This subpart shall apply only in Baldwin County.
• Section 45-2-243.81 Definitions
  For the purposes of this subpart, the following words have the following meanings: (1) GOVERNMENTAL INFRASTRUCTURE. Any facilities, systems, or services that are owned and...
• Section 45-2-243.82 Limitations on impact fees; governmental infrastructure outside corporate limits of municipality
  (a) Unless otherwise specifically authorized by state law or this subpart, the Baldwin County Commission or a municipality in the county may not enact or...
• Section 45-2-243.83 Impact fees for governmental infrastructure
  An impact fee may be imposed only for governmental infrastructure and costs directly related thereto.
• Section 45-2-243.84 Setting impact fees; levy; credits; sharing of revenues
  (a)(1) An impact fee per service unit of new development may be set by the political subdivision not to exceed one percent of the estimated...
• Section 45-2-243.85 Collection and payment of impact fees
  A political subdivision may collect impact fees at either the time of the transfer of a lot or service unit, at the time of connection...
• Section 45-2-243.86 Hearing
  Prior to the adoption of an impact fee for the political subdivision, the political subdivision shall hold a public hearing on the governmental infrastructure needs...
• Section 45-2-243.87 Disposition of funds
  Any impact fees collected within a political subdivision shall be used only for governmental infrastructure purposes. Any impact fees collected pursuant to this subpart shall...
• Part 5 Tax, Sales and Use.
• Division 1 Cigarettes.
• Section 45-2-244 Applicability
  This subpart shall apply in, and only in, Baldwin County, Alabama; it does not alter or repeal any statute, but is in addition to and...
• Section 45-2-244.001 Definitions; construction
  (a) As used in this subpart, unless the context requires a different meaning, "person" includes a firm, corporation, club, partnership, company, trustee, agency, or association,...
• Section 45-2-244.002 Levy of tax
  In addition to all other taxes now imposed by law, every person who sells, stores, or delivers any cigarettes within the county shall pay a...
• Section 45-2-244.003 Payment of tax through use of stamp
  The tax herein levied shall be paid through the use of one stamp as herein provided for. The one stamp shall be used to designate...
• Section 45-2-244.004 Duties of cigarette wholesalers, jobbers, and retailers
  (a) It shall be the duty of each wholesale dealer or jobber who sells, stores, or delivers cigarettes to retail sellers in this county to...
• Section 45-2-244.005 Supply and description of stamps
  The county commission shall keep on hand for sale an adequate supply of stamps to be affixed to each package of cigarettes as required under...
• Section 45-2-244.006 Disposition of funds
  (a) The county license tax imposed by this subpart and collected by the seller (wholesaler or retailer) shall be paid to the county commission, and...
• Section 45-2-244.007 Rules and regulations
  The county commission is hereby given the right, power, and authority to promulgate and adopt rules and regulations governing the collection of the county tax...
• Section 45-2-244.008 Violation - Duty to affix stamps
  (a) It shall be unlawful for any person to offer for sale either at wholesale or retail in Baldwin County, Alabama, any cigarettes on which...
• Section 45-2-244.009 Violation - Classification
  A person who violates the provisions of this subpart or any rule or regulation promulgated and adopted by the county commission, shall be guilty of...
• Section 45-2-244.010 Additional penalty
  No seller shall continue in business when he or she is in default in payment of the tax imposed by this subpart. In addition to...
• Section 45-2-244.011 Savings provision
  This subpart shall not apply to acts or transactions in interstate commerce; nor shall any provision hereof apply to any business conducted by or for...
• Division 2 Gasoline and Motor Fuel.
• Section 45-2-244.030 Definitions
  For the purposes of this subpart, the following terms shall have the respective meaning ascribed by this section: (1) COUNTY. Baldwin County which has levied...
• Section 45-2-244.031 Levy of tax
  Subject to the provisions of Section 45-2-244.043, there is hereby imposed excise taxes in an amount not to exceed three cents ($.03) per gallon on...
• Section 45-2-244.032 Statement of sales and withdrawals; other information required
  On or before the 20th day of each month after June 27, 1991, every person upon whom the excise tax is levied shall render to...
• Section 45-2-244.033 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 45-2-244.034 Report to commission
  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 45-2-244.035 Failure to report
  If any distributor, storer, or retail dealer of gasoline or motor fuel in Baldwin County shall fail to make the reports or any of them...
• Section 45-2-244.036 Enforcement of subpart
  It shall be the duty of the County Commission of Baldwin County to enforce the provisions of this subpart upon its imposing the tax thereunder,...
• Section 45-2-244.037 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 45-2-244.038 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 45-2-244.039 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 45-2-244.040 Reports of gasoline or motor fuel shipments
  Each agent of any railroad company, bus or truck operator, or other transportation company or agency operating in Baldwin County shall report to the County...
• Section 45-2-244.041 Special fund
  The proceeds of any tax imposed under authority of this subpart shall be paid into a special fund in the county treasury for use as...
• Section 45-2-244.042 Expenditures from special fund
  Expenditures from the special fund provided for in Section 45-2-244.041 shall be made exclusively for the purpose of construction, improvement, and maintenance of public highways...
• Section 45-2-244.043 Suspension of levy
  The county commission is hereby authorized to suspend the levy of the tax imposed pursuant to this subpart in the event annual increases in the...
• Section 45-2-244.044 Additional levies authorized
  (a) After January 1, 1995, the county commission is authorized to levy two separate and distinct taxes each in the amount of one cent ($.01)...
• Division 3 County General Fund and Juvenile Home.
• Section 45-2-244.070 Applicability
  The provisions of this subpart shall only apply to Baldwin County.
• Section 45-2-244.071 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 45-2-244.072 Special county privilege license tax
  (a) The county commission is hereby authorized with or without a referendum of the people, to levy and impose, in addition to all other taxes,...
• Section 45-2-244.073 Payment of tax
  The sales taxes authorized to be levied in Section 45-2-244.072 shall be due and payable in monthly installments on or before the twentieth day of...
• Section 45-2-244.074 Addition of tax to sales price or admission fee
  Each person engaging or continuing within Baldwin County in a business subject to the tax levied in Section 45-2-244.072, shall add to the sales price...
• Section 45-2-244.075 Collections and enforcement
  The tax authorized to be imposed by this subpart shall constitute a debt due Baldwin County and may be collected as provided by law. The...
• Section 45-2-244.076 Application 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 45-2-244.077 Charge for collections; dispositition of funds
  The county commission shall be authorized to charge an amount not less than two percent nor more than five percent of the special county tax...
• Division 4 Paralleling State Tax.
• Section 45-2-244.100 Applicability
  The provisions of this subpart shall only apply to Baldwin County.
• Section 45-2-244.101 Definitions
  All words, terms, and phrases as defined in Sections 40-23-1, 40-23-2, 40-23-3, and 40-23-4, as amended, providing for the levy of a state sales tax...
• Section 45-2-244.102 Levy of additional sales tax paralleling state sales tax; exemptions
  (a) There is hereby levied and imposed with the county, in addition to all other taxes, including municipal gross receipts license taxes now imposed by...
• Section 45-2-244.103 Payment of tax
  The sales taxes levied in Section 45-2-244.102 shall be due and payable in monthly installments on or before the twentieth day of the month next...
• Section 45-2-244.104 Addition of tax to sales price or admission fee
  Each person engaging or continuing within Baldwin County in a business subject to the tax levied in Section 45-2-244.102, shall add to the sales price...
• Section 45-2-244.105 Collections and enforcement
  The tax imposed by this subpart shall constitute a debt due Baldwin County and may be collected as provided by law. The tax, together with...
• Section 45-2-244.106 Application 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 45-2-244.107 Charge for collection; disposition of funds
  The State Department of Revenue shall charge Baldwin County for collecting the special county tax levied under this subpart such amount or percentage of total...
• Division 5 Tobacco Products.
• Section 45-2-244.130 Levy of tax
  (a) There is hereby imposed on every person, firm, or corporation that sells, stores, delivers, uses, or otherwise consumes tobacco or tobacco products in Baldwin...
• Section 45-2-244.131 Addition of tax to tobacco products
  Every person, firm, corporation, club, or association that sells, stores, or receives, for the purpose of selling or storing in Baldwin County, any snuff and...
• Section 45-2-244.132 Failure to collect tax; powers and duties of department; unavailability of stamps
  (a) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in the business in Baldwin County for which the tax...
• Section 45-2-244.133 Time and manner of payment
  All laws, rules, and regulations of the department relating to the manner and time of payment of the tax levied by Sections 40-25-1 to 40-25-28,...
• Section 45-2-244.134 Disposition of funds
  The proceeds from the tax authorized, less the amount or percentage of the actual cost of collection as may be agreed upon by the Commissioner...
• Section 45-2-244.135 Construction
  This subpart shall not be construed to apply to snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the purpose of...
• Division 6 Video Cassette Rentals.
• Section 45-2-244.160 Privilege license fee
  (a)(1) The Baldwin County Commission may levy a privilege license fee in an amount not to exceed five cents ($.05) per visual entertainment device on...
• Division 7 Tangible Personal Property Rentals.
• Section 45-2-244.180 Definitions
  The following terms shall have the following meanings: (1) BUSINESS. All activities engaged in, or caused to be engaged in, by any person with the...
• Section 45-2-244.181 Levy of tax
  There is levied, in addition to all privilege license taxes of every kind now or hereinafter imposed by law, which shall be collected as herein...
• Section 45-2-244.182 Exemptions
  There shall be exempted from the computation of any tax due hereunder all of the following: (1) The gross proceeds accruing from the leasing or...
• Section 45-2-244.183 Monthly installments of taxes; statements of gross proceeds; disposition of funds; violations
  (a) The privilege license tax levied hereunder, except where otherwise provided, shall be due and payable in monthly installments on or before the twentieth day...
• Section 45-2-244.184 Reports of cash or credit leases or rentals
  Any person taxable hereunder who makes cash or credit leases or rentals, may report such cash leases or rental only, and he or she shall...
• Section 45-2-244.185 Recordkeeping
  It shall be the duty of every person engaging or continuing in any business for which a privilege or license tax is imposed hereby to...
• Section 45-2-244.186 Delinquent taxes
  Any person who fails to pay the tax herein levied within the time required by this subpart shall pay, in addition to the tax, a...
• Section 45-2-244.187 Rules and regulations
  The County Commission of Baldwin County may prescribe all necessary or appropriate rules and regulations for the implementation of this subpart, including all rules and...
• Part 6 Tax, Severance
• Division 1 Distribution of Proceeds.
• Section 45-2-245 Disposition of proceeds from offshore oil and gas severance taxes
  In Baldwin County, the distribution of the producing county's 10 percent share of the net amount of the proceeds from offshore oil and gas severance...
• Division 2 Oil and Gas Severance Tax Trust Fud.
• Section 45-2-245.20 Trust fund established; administration
  (a) Any laws or parts of laws to the contrary notwithstanding, any annual privilege tax levied upon persons engaging in the business of producing or...
• Part 7 Tax, Special.
• Section 45-2-246 Support of public schools
  (a) Sections 1 and 3 of Act No. 609, H. 1167 of the 1900-1901 Legislature (Acts 1900-01, p. 1446), relating to the levy and collection...
• Article 25 Utilities.
• Section 45-2-250 Reserved
• Article 26 Zoning and Planning.
• Part 1 Construction Setbacks.
• Section 45-2-260 Regulation of setbacks
  (a) This section shall apply only to Baldwin County. (b) The Baldwin County Commission, through the county planning and zoning commission, shall regulate the construction...
• Section 45-2-260.01 Regulation of subdivisions; application of certain setback requirements
  (a) The Baldwin County Commission is authorized to regulate the minimum size of lots located or to be located in subdivisions of land situated outside...
• Part 2 Planning and Zoning Commission.
• Division 1 Establishment.
• Section 45-2-261 Creation of the County Planning and Zoning Commission
  There is created a planning and zoning commission for Baldwin County, Alabama, which commission shall be appointed as provided and shall have responsibilities and duties...
• Section 45-2-261.01 Appointment of members and personnel of the Baldwin County Planning and Zoning Commission
  The planning commission shall be composed of nine regular members, each of whom shall be a qualified elector and an actual resident of the county....
• Section 45-2-261.02 Jurisdiction of the planning commission
  The jurisdiction of the planning commission for planning and zoning by district pursuant to Section 45-2-261.07 shall apply to all unincorporated areas of Baldwin County....
• Section 45-2-261.03 Preparation of master plan
  In availing itself of the powers conferred by this subpart, the Baldwin County Commission shall appoint the planning commission to make and maintain in an...
• Section 45-2-261.04 Procedure for adoption and amendment of ordinances and regulations
  (a) The Baldwin County Commission may adopt ordinances and regulations as necessary to effect the provisions of this subpart. The ordinances or regulations shall be...
• Section 45-2-261.05 Planning districts and authority
  The Baldwin County Commission shall divide the unincorporated areas of Baldwin County into planning districts. Prior to submission of a written petition to hold an...
• Section 45-2-261.06 Purposes and view
  In preparation of the proposed master plan and planning and zoning ordinances and regulations, the planning commission shall make careful and comprehensive studies and surveys...
• Section 45-2-261.07 Procedure for exercising jurisdiction in each district
  The Baldwin County Commission shall not exercise its planning and zoning powers and jurisdiction in any district established hereunder until the majority of the qualified...
• Section 45-2-261.08 Appointment of advisory committees
  In each district wherein the qualified electors vote to become subject to the planning and zoning authority of the Baldwin County Commission as provided in...
• Section 45-2-261.09 Assessment of uniform zoning fee
  The county commission may levy upon the owner of any real property located within any planning district in which a majority of the qualified electors...
• Section 45-2-261.10 Boards of adjustment
  (a) The Baldwin County Commission shall appoint two members to the boards of adjustment, and the regulations and ordinances adopted pursuant to the authority of...
• Section 45-2-261.11 Appeals to the board of adjustment
  Appeals to the planning district board of adjustment may be taken by any person aggrieved or by any officer or department of Baldwin County affected...
• Section 45-2-261.12 Powers of the board of adjustment
  The board of adjustment shall have all of the following powers: (1) To hear and decide appeals where it is alleged there is error in...
• Section 45-2-261.13 Appeals from final decision of board of adjustment
  (a) Any party aggrieved by a final judgment or decision of a board of adjustment, except a decision on the approval or disapproval of a...
• Section 45-2-261.14 Permit and application fees
  The Baldwin County Commission may levy permit and application fees deemed necessary to administer ordinances and zoning regulations promulgated hereunder. The fees shall cover the...
• Section 45-2-261.15 Remedies
  If any building or structure is erected, constructed, altered, repaired, converted, or maintained, or if any land is used in violation of this subpart or...
• Section 45-2-261.16 Housing
  The Baldwin County Planning and Zoning Commission shall have no jurisdiction over the type of single family housing or dwelling to be placed or constructed...
• Section 45-2-261.17 Construction with other laws
  The authority of the Baldwin County Commission under this subpart shall not conflict with present or future regulations or policies of the Alabama Department of...
• Section 45-2-261.18 Zoning ordinances and regulations not retroactive
  No zoning ordinance or regulation promulgated by the Baldwin County Commission under the authority of this subpart shall change any use to which land is...
• Division 2 Membership.
• Section 45-2-261.40 Appointments to planning commission
  (a) The Baldwin County Commission may appoint real estate agents or other persons in the real estate field to the Baldwin County Planning Commission. The...
• Division 3 Fort Morgan Planning and Zoning Advisory Committee.
• Section 45-2-261.60 Applicability
  (a) This subpart shall apply only in Baldwin County. (b) Any reference in this subpart to Act 91-719 of the 1991 Regular Session Acts 1991,...
• Section 45-2-261.61 Establishment of Fort Morgan Zoning District
  (a) The establishment of the Baldwin County Planning and Zoning District 25 as established by the Baldwin County Commission pursuant to Act 91-719 of the...
• Section 45-2-261.62 Planning and zoning advisory committee established; composition; purpose and duties
  (a) There is established the Fort Morgan Planning and Zoning Advisory Committee, hereinafter referred to as the planning and zoning advisory committee, to be composed...
• Section 45-2-261.63 Notification of amendments or changes to zoning ordinances, regulations, etc., and annexations
  After june 10, 2015, the Fort Morgan Planning and Zoning Advisory Committee shall be notified in writing by the Baldwin County Planning and Zoning Commission...
• Section 45-2-261.64 Enforcement and administration of subpart
  The Baldwin County Commission shall enforce this subpart in the same manner as provided in Section 16 of Act 91-719, and, in performing its functions...
• Section 45-2-261.65 Relation to Subpart 1
  This subpart shall repeal and supersede Act 91-719, as amended, to the extent of any conflict herein and as expressly provided herein related only to...
• Section 45-2-261.66 Construction of subpart
  This subpart shall not be interpreted to affect the enforcement of building codes, the planning jurisdiction of the City of Gulf Shores as provided in...
• Part 3
• Section 45-2-262 Regulation of wind generated energy production facilities or equipment in unincorporated areas
  (a) This section shall apply within all unincorporated areas of Baldwin County. (b) The county commission shall have zoning authority and the power to establish...

Last modified: May 3, 2021