Code of Alabama - Title 45: Local Laws - Chapter 22 - Cullman County
- Article 1 General and Miscellaneous Provisions.
- Part 1 Disclaimer.
- Section 45-22-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Cullman County local laws enacted after 1978 and all Cullman County prior...
- Part 2 Compensation.
- Article 2 Alcoholic Beverages.
- Article 3 Boards and Commissions.
- Section 45-22-30 Cemetery board
(a) For the purposes of this section, the following terms shall have the following meanings: (1) BOARD. The Cullman County Cemetery Board. (2) CEMETERY. Any...
- Article 4 Business, Labor, and Occupations.
- Part 1 Banks.
- Part 2 Days and Hours of Operation.
- Article 5 Constables.
- Section 45-22-50 Office abolished
In Cullman 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.
- Article 7 County Commission.
- Part 1 Membership and Compensation.
- Part 2 Roads and Bridges.
- Article 8 Courts.
- Part 1 Circuit Court.
- Division 1 Compensation.
- Division 2 Forms.
- Part 2 Court Costs.
- Section 45-22-81 Juvenile Probation Fund, juvenile programs, and sheriff
(a) In addition to all other costs and charges in criminal cases in any court of Cullman County, whether municipal, district, or circuit court, a...
- Section 45-22-81.01 D.A.R.E. program
(a) This section shall be operative only in Cullman County. (b)(l) Notwithstanding any special, local, or general law to the contrary, there is levied additional...
- Section 45-22-81.02 Jail
(a) This section shall apply only in Cullman County. (b) In addition to all other costs and charges in the circuit and district courts in...
- Section 45-22-81.03 Juvenile Day Treatment Fund
(a)(l) In addition to all other costs and charges in circuit court, district court, and juvenile court cases in Cullman County, a fee ranging from...
- Section 45-22-81.04 Solicitor's fee
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Cullman County, a docket fee, hereinafter referred...
- Section 45-22-81.05 Domestic violence cases
In addition to all other costs and charges in circuit, district, and municipal court cases in Cullman County, there shall be levied and assessed a...
- Part 3 District Attorney.
- Section 45-22-82 Clerical assistance
(a) The District Attorney of the 32nd Judicial Circuit, which is composed of Cullman County only, shall appoint a clerical assistant or assistants who shall...
- Part 4 Probate Court.
- Division 1 Compensation.
- Division 2 Forms.
- Division 3 Funding and Fees.
- Article 9 Economic and Industrial Development and Tourism.
- Article 10 Education.
- Part 1 Board of Education.
- Section 45-22-100 Commission on education - Established
The board of education and the office of superintendent of education of Cullman County are hereby abolished, and there is created in lieu of the...
- Section 45-22-100.01 Commission on education - Composition
(a) The Cullman County Commission on Education shall be composed of seven members elected by districts as follows: One member shall be elected from each...
- Section 45-22-100.02 Superintendent of county schools
Repealed by Act 2013-439, 2, effective May 24, 2013.
- Section 45-22-100.03 Compensation of commissioners
The members of the Cullman County Commission on Education shall receive from the public school funds of the county seven dollars fifty cents ($7.50) a...
- Section 45-22-100.04 Powers and duties of commission
The general administration and supervision of the public schools of Cullman County, with the exception of the schools of the City of Cullman, shall be...
- Section 45-22-100.05 Powers and duties of superintendent
Repealed by Act 2013-439, 2, effective May 24, 2013.
- Section 45-22-100.06 Election precincts
(a) The qualified electors of Cullman County residing outside of the City of Cullman but within the boundaries of newly created election precincts 34, 35-1,...
- Section 45-22-100.07 Operation, management, and preservation of former Garden City school property
(a) In Cullman County, the governing body of the Town of Garden City may own, operate, manage, and preserve the former Garden City school property...
- Part 2 Superintendent of Education.
- Article 11 Elections.
- Article 12 Employees.
- Section 45-22-120 Applicability
This article shall apply to and have application in Cullman County, Alabama, to all regular full-time employees whose wages, salaries, and benefits are provided in...
- Section 45-22-120.01 Rejection of applicants for employment
Elected officials shall be authorized to reject any applicant for employment within their respective offices.
- Section 45-22-120.02 Definitions
As used in this article, unless the context plainly indicates a different meaning, the following words, terms, and phrases shall have the meanings respectively ascribed...
- Section 45-22-120.03 Personnel system
All employees of the county as herein defined shall be subject to the personnel rules and regulations in or promulgated pursuant to this article. Present...
- Section 45-22-120.04 Powers and duties of commission regarding personnel
(a) The commission shall adopt rules and regulations to carry out this article, and to provide for advertising of vacancies, recruitment, selection, hiring, classification, placement,...
- Section 45-22-120.05 Personnel board
(a) There is created the Cullman County Personnel Board, which shall be composed of three members appointed by members of the legislative delegation representing Cullman...
- Section 45-22-120.06 Powers and duties of board
In addition to the duties set forth elsewhere in this article, the board shall: (1) Advise the commission on matters of personnel administration, including the...
- Section 45-22-120.07 Rules, regulations, and policies
All rules, regulations, and policies in effect at the time of adoption of this article which are not in conflict with the provisions hereof shall...
- Section 45-22-120.08 Compensation of board members
Each member of the board shall be paid, from the county treasury, twenty dollars ($20) per meeting of the board, and the chair shall be...
- Section 45-22-120.09 Disciplinary action against employees
Any employee may be dismissed, suspended without pay, or demoted by the commission for, but not limited to, any violation of this article or whenever...
- Section 45-22-120.10 Grievance procedure
(a) An employee shall have the right to appeal any disciplinary action taken against him or her, provided, however, that an employee on probationary status...
- Section 45-22-120.11 Exempt and classified service
(a) All employees of the county shall be divided into the exempt service and the classified service. The exempt service shall include: (1) The positions...
- Section 45-22-120.12 County road system employees
In the event that the county commission shall become responsible for the construction and maintenance of the roads of the county, then in such event...
- Section 45-22-120.13 Political activity of employees
(a) In county elections, no employee shall make, solicit, or receive any assessment, donation, subscription, or contribution for any political purpose whatsoever except to exercise...
- Section 45-22-120.14 Commission rights not restricted
Nothing herein contained shall be construed as restricting the right of the commission to increase or decrease proportionately the compensation of all employees; or to...
- Article 13 Engineer, County.
- Section 45-22-130 Duties of county commission
Repealed by Act 2013-300, §3, effective May 21, 2013.
- Section 45-22-130.01 Disposition of funds
Any unexpended monies remaining in the fund required by law to be maintained by the State Department of Transportation for use in the construction, repair,...
- Section 45-22-130.02 Transfer of facilities, properties, etc
The State Department of Transportation shall transfer and turn over to the governing body of Cullman County adequate facilities and properties presently being used by...
- Section 45-22-130.03 Employee list
The State Department of Transportation shall submit to the county a list of all persons employed by the department in the construction, repair, and maintenance...
- Section 45-22-130.04 Prior contractual obligations
Any contract for the construction, repair, or maintenance of county roads and bridges in Cullman County entered into by the State Department of Transportation prior...
- Section 45-22-130.05 Prior financial obligations
All outstanding financial obligations which were incurred prior to the adoption of this article for the construction, repair, or maintenance of county roads and bridges...
- Section 45-22-130.06 County engineer - Employment; requirements
The Cullman County governing body shall employ a county engineer, possessing all of the qualifications specified for county engineers under the general laws of the...
- Section 45-22-130.07 County engineer - Qualifications
The county commission may fill the position of county engineer with any person possessing the qualifications herein required, and may request the State Department of...
- Section 45-22-130.08 County engineer - Duties
It shall be the duty of the county engineer, subject to the approval and direction of the county commission to: (1) Employ, supervise, and direct...
- Section 45-22-130.09 Requisitions to be made by county engineer
The county engineer is the person authorized to make written requisitions upon the county governing body of Cullman County, or its duly designated purchasing agent,...
- Section 45-22-130.10 Compensation of employees
All county highway employees shall be compensated in substantial accordance with the state salary schedule for similar positions, provided that the county commission may adopt...
- Section 45-22-130.11 Compensation of county engineer
The Cullman County governing body shall fix the amount of the salary of the county engineer, payable in equal monthly installments from the road and...
- Section 45-22-130.12 Surety bond
Before entering upon his or her duties, the Cullman County Engineer shall make and enter into a surety bond in the amount of five thousand...
- Section 45-22-130.13 Office space and equipment
The Cullman County governing body shall furnish the county engineer with an office in the county, and all necessary office supplies, and shall furnish him...
- Section 45-22-130.14 Accountability for equipment; inventory
The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment of Cullman County and shall be accountable for the same,...
- Section 45-22-130.15 Adoption of budget
It shall be the duty of the county commission at some meeting in September of each calendar year, or not later than the first meeting...
- Section 45-22-130.16 Requisitions presented for approval
The county engineer shall make written requisitions to the chair of the county governing body for all materials, machinery, equipment, and necessary supplies needed for...
- Section 45-22-130.17 Inspection and approval of materials, supplies, etc., prior to payment
It shall be the further duty of the county engineer to inspect all materials, machinery, equipment, and supplies purchased by Cullman County for use on...
- Section 45-22-130.18 Employment of road supervisor in emergency
In the event an emergency should arise, in which it would be impossible for the Cullman County governing body to employ an engineer, as hereinabove...
- Section 45-22-130.19 Contracts with private individuals or entities
Nothing herein shall preclude the Cullman County governing body from entering into contracts with private individuals or entities pursuant to Alabama bid law for the...
- Section 45-22-130.20 Salary supplement
Due to the substantial increase in the duties and responsibilities required of the members of the Cullman County Commission due to this article, each respective...
- Section 45-22-130.21 County vehicle and equipment maintenance system
Nothing herein shall be construed to prohibit the county commission from maintaining a comprehensive county vehicle and equipment maintenance system.
- Article 14 Fire Protection and Emergency Medical Services.
- Section 45-22-140 Forest fire protection
(a) The county governing body of Cullman County is authorized, when the need exists, to provide protection against forest fires in Cullman County by participating...
- Article 15 Gambling.
- Article 16 Government Operations.
- Part 1 Liability for Monetary Loss.
- Part 2 Tennessee Valley Authority in Lieu of Taxes.
- Section 45-22-161 TVA Payments Fund
(a) Any payments coming into the treasury of Cullman County that are derived, directly or indirectly, from payments by the Tennessee Valley Authority in lieu...
- 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 Game and Billiard Rooms.
- Section 45-22-220 Hours of operation
Any town or municipality in Cullman County, regardless of whether or not such entity has a police force, is authorized and empowered to regulate the...
- Part 2 Park and Recreation Board.
- Section 45-22-221 Retirement
The Cullman County Park and Recreation Board as a participating employer in the Employees Retirement System under Section 36-27-6 shall assume liability limited solely to...
- Part 3 Park Use.
- Part 4
- Part 5 Battleground School Historical Board.
- Article 23 Sheriff.
- Part 1 Compensation.
- Section 45-22-230 Deputy sheriffs
(a) Effective August 3, 1995, the Sheriff of Cullman County shall receive an additional compensation of fifteen thousand dollars ($15,000) per annum. The compensation shall...
- Part 2 Funding.
- Part 3 Jails.
- Part 4 Pistol Permits.
- Part 5 Retirement.
- Part 6 Services Provided in Municipalities.
- Article 24 Taxation.
- Part 1 Revenue Commissioner.
- Division 1 Creation of Office.
- Division 2 License Division.
- Division 3 Redemption of Land.
- Part 2 Tax. Gasoline and Motor Fuel.
- Part 3 Tax, Lodging.
- Section 45-22-242 Levy of tax
(a) There is levied in Cullman County, in addition to all other taxes now imposed by law, a privilege or license tax, paralleling the state...
- Section 45-22-242.01 Collection of tax
The tax levied under this part shall be paid to and collected by the State Department of Revenue, hereinafter referred to as the department, at...
- Section 45-22-242.02 Filing of monthly report and payment
The tax levied under this part, except as otherwise provided, shall be due and payable in monthly installments on or before the twentieth day of...
- Section 45-22-242.03 Cash and credit business
Any person, firm, or corporation taxable under this part having a cash and credit business may report such cash business, and the taxpayer shall thereafter...
- Section 45-22-242.04 Annual report
On or before 30 days after the end of the tax year, each person, firm, or corporation liable for the payment of a privilege tax...
- Section 45-22-242.05 Preservation and examination of records
It shall be the duty of every person, firm, or corporation engaging, or continuing in Cullman County in any business taxed hereunder to keep and...
- Section 45-22-242.06 Perjury
The monthly reports herein required to be made are not required to be made on oath, but wherever in this part any report is required...
- Section 45-22-242.07 Inspection of reports or returns
All reports or returns filed with the department under this part shall be available for inspection by the governing body of Cullman County, or its...
- Section 45-22-242.08 Failure to add tax to service price
It shall be unlawful for any person, firm, or corporation engaged in or continuing within Cullman County in any business for which a license or...
- Section 45-22-242.09 Enforcement
The tax levied by this part, together with interest and penalties that may be imposed, shall constitute a debt due Cullman County and may be...
- Section 45-22-242.10 Application of state statutes
All provisions of the state lodging tax statutes with respect to payment, assessment, and collection of the state lodging tax, making of reports, and keeping...
- Section 45-22-242.11 Charge for collection
The State Department of Revenue shall charge Cullman County for collecting the county lodging taxes levied in this part an amount or percentage of total...
- Part 4 Tax, Sales and Use.
- Division 1 1981 Tax.
- Section 45-22-243 Definitions
(a) The following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a...
- Section 45-22-243.01 Levy of sales tax
(a) There is hereby levied in Cullman County, in addition to all other taxes of every kind now imposed by law, and to collect as...
- Section 45-22-243.02 Levy of use tax
(a) There is hereby levied and imposed an excise tax on the storage, use, or other consumption of property in Cullman County as hereinafter provided...
- Section 45-22-243.03 Payment of taxes; reports
The sales taxes levied in Section 45-22-243.01 shall be due and payable in monthly installments on or before the twentieth day of the month next...
- Section 45-22-243.04 Sales tax to be added to sales price or admission fee
Each person engaging or continuing within the county in a business subject to the sales taxes levied in Section 45-22-243.01 shall add to the sales...
- Section 45-22-243.05 Special provisions respecting payment of use tax; receipts and returns by registered sellers
Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county (which storage, use, or other consumption is...
- Section 45-22-243.06 Enforcement
The taxes imposed by this subpart shall constitute a debt due Cullman County and may be collected by civil suit, in addition to all other...
- Section 45-22-243.07 Application of state 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 45-22-243.08 Charge for collection; disposition of funds
The State Department of Revenue shall charge Cullman County for collecting the special county taxes levied such amount or percentage of total collections as may...
- Section 45-22-243.09 Tax on automotive vehicles, farm machinery, and manufacturing machines
The one-half of one percent rates of tax levied on automotive vehicles, farm machinery, and manufacturing machines in Act No. 66, Second Special Session 1963,...
- Section 45-22-243.10 Distribution of proceeds
The proceed of any taxes herein authorized to be levied shall be distributed as follows: (1) Forty-five percent to the general fund of the City...
- Division 2 One-Cent Tax.
- Section 45-22-243.30 Applicability
This subpart shall only apply to Cullman County.
- Section 45-22-243.31 Definitions
As used in this subpart, state sales and use tax means the tax imposed by the state sales and use tax statutes, including, but not...
- Section 45-22-243.32 Levy of tax
(a) The County Commission of Cullman County may levy, in addition to all other taxes, including, but not limited to, municipal gross receipts license taxes,...
- Section 45-22-243.33 Collection of tax; monthly report
The tax levied by the county commission pursuant to this subpart shall be collected by the State Department of Revenue or otherwise as provided by...
- Section 45-22-243.34 Addition of tax to sales price or admission fee
Each person engaging or continuing in a business subject to the tax levied pursuant to this subpart, shall add to the sales price or admission...
- Section 45-22-243.35 Collection and enforcement
The tax levied pursuant to this subpart shall constitute a debt due Cullman County. The tax, together with any interest and penalties, shall constitute and...
- Section 45-22-243.36 Application of state statutes
All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax,...
- Section 45-22-243.37 Charge for collection
The Department of Revenue shall charge Cullman County for collecting the tax levied pursuant to this subpart in an amount or percentage of total collections...
- Section 45-22-243.38 Purpose
The clear intent of the Legislature in the passage of this subpart was and continues to be to authorize the County Commission of Cullman County...
- Division 3 1963 Tax.
- Division 4 1975 Tax.
- Section 45-22-243.90 Definitions
(a) The following words, terms, and phrases where used in this subpart shall have the following respective meanings except where the context clearly indicates a...
- Section 45-22-243.91 Levy of sales tax
(a) There is levied and imposed in the county, in addition to all other taxes of every kind now imposed by law, and shall be...
- Section 45-22-243.92 Levy of use tax
(a) Excise taxes on the storage, use, or other consumption of property in the county are imposed as hereinafter provided in this section. (1) An...
- Section 45-22-243.93 Payment of taxes; reports
The taxes levied in Section 45-22-243.91 shall be due and payable in monthly installments on or before the 20th day of the month next succeeding...
- Section 45-22-243.94 Sales tax to be added to sales price or admission fee
Each person engaging or continuing within the county in a business subject to the tax levied in Section 45-22-243.91 shall add to the sales price...
- Section 45-22-243.95 Special provisions respecting payment of use tax; receipts and returns by registered sellers
Every registered seller making sales of tangible personal property for storage, use, or other consumption in the county (which storage, use, or other consumption is...
- Section 45-22-243.96 Enforcement of subpart; civil suit; taxes a lien
The taxes imposed by this subpart shall constitute a debt due the county and may be collected by civil suit, in addition to all other...
- Section 45-22-243.97 Applicability of state sales and use 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 45-22-243.98 Charge for collection; disposition of funds
The State Department of Revenue shall charge the county for collecting the taxes levied herein the costs to the department of collecting the taxes; provided...
- Section 45-22-243.99 Use of tax proceeds
(a) Commencing with the first month during which proceeds from the taxes herein levied are paid and thereafter, the county treasurer shall make monthly distributions...
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021