Code of Alabama - Title 45: Local Laws - Chapter 23 - Dale County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-23-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Dale County local laws enacted after 1978 and all Dale County prior...
• Part 2 Compensation.
• Section 45-23-11 Board of equalization; board of registrars; jury commission members
  (a) In Dale County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
• Section 45-23-11.01 Judge of probate; revenue commissioner; sheriff
  (a) Commencing March 1, 2005, the Judge of Probate, Revenue Commissioner, and Sheriff of Dale County shall receive an additional expense allowance in the amount...
• Article 2 Alcoholic Beverages.
• Section 45-23-20 Sales
  REPEALED IN THE 2018 REGULAR SESSION BY ACT 2018-252 EFFECTIVE MARCH 16, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
• Section 45-23-20.01 Regulation of sales for on-premises consumption outside municipal corporate limits
  In Dale County, any license for the sale of alcoholic beverages for on-premises consumption outside of the corporate limits of any municipality shall be subject...
• Section 45-23-20.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  (a) Subject to the subsection (c), and except as otherwise provided in subsection (b), the sale of alcoholic beverages for on-premises and off-premises consumption on...
• Article 3 Boards and Commissions.
• Section 45-23-30 Reserved Reserved.
• Article 4 Business, Labor, and Occupations.
• Section 45-23-40 Reserved Reserved.
• Article 5 Constables.
• Section 45-23-50 Office abolished
  In Dale 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.
• Section 45-23-60 Compensation
  Beginning with the next term of office and thereafter, the Coroner of Dale County shall be entitled to receive a monthly salary in the amount...
• Section 45-23-60.01 Salary, benefits, and expenses
  (a) The Coroner of Dale County shall continue to receive a salary of five hundred dollars ($500) per month which shall be paid from the...
• Article 7 County Commission.
• Part 1 Chair.
• Section 45-23-70 Transfer of office and duties to judge of probate
  At the expiration of the term of office of the chair of the Dale County Commission, the office, power, and duties of such officer shall...
• Section 45-23-70.01 Election of chair
  (a) In Dale County, effective beginning with the general election in November 2012 and every four years thereafter, the Chair of the Dale County Commission...
• Part 2 Compensation.
• Section 45-23-71 Expense allowance for chair and commissioners
  The chair and the members of the Dale County Commission shall each be entitled to an expense allowance in the amount of two hundred dollars...
• Part 3 Membership and Districts.
• Section 45-23-72 Election
  At the general election for state and county officers to be held in 1972, and every four years thereafter, there shall be elected by the...
• Section 45-23-72.01 Districts
  For purposes of electing members of the county commission, Dale County, Alabama, is hereby divided in four county commission districts with boundaries defined as follows:...
• Article 8 Courts.
• Part 1 Circuit Court.
• Section 45-23-80 Salary supplement
  In addition to the salary paid to each of the circuit judges of the 33rd Judicial Circuit by the state, there shall also be paid...
• Part 2 Court Costs.
• Division 1 Corrections and Law Enforcement Fund.
• Section 45-23-81 Municipal court costs
  (a) This shall apply only in Dale County. (b) This section is enacted pursuant to Amendment 326 of the Constitution of Alabama of 1901, and...
• Division 2 Juvenile Court Services Fund.
• Section 45-23-81.20 Juvenile court supervision fee and fund
  (a) In addition to any other costs and charges now provided by law, a monthly supervision fee, not to exceed twenty dollars ($20), shall be...
• Division 3 Dale County Law Library Fund.
• Section 45-23-81.40 Law library authorized
  The governing body of Dale County, Alabama, is authorized to establish and maintain a public law library in the county, and to accomplish the purpose,...
• Section 45-23-81.41 Solicitors' fees
  The Clerk of the Circuit Court of Dale County shall pay into the county treasury, for the use and benefit of the Dale County Public...
• Section 45-23-81.42 Disposition of funds; management of library; personnel
  (a) The Dale County Law Library Fund shall be expended by the presiding Judge of the Circuit Court of Dale County for maintaining the library...
• Section 45-23-81.43 Law Library Fund established
  Upon the establishment of the Dale County Law Library under this subpart, Dale County shall have and maintain a separate fund known as the Dale...
• Section 45-23-81.44 Library fee
  For the support and maintenance of the Dale County Law Library established under this subpart a library fee of five dollars ($5) shall be paid...
• Division 4 Solicitor's Fund.
• Section 45-23-81.60 Docket fee
  (a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Dale County, a docket fee, hereinafter referred...
• Part 3 District Attorney.
• Section 45-23-82 Establishment of pretrial diversion program
  (a) The District Attorney of the Thirty-third Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common...
• Section 45-23-82.01 Definitions
  For purposes of this part, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The elected District Attorney of the Thirty-third Judicial Circuit...
• Section 45-23-82.02 Applicants for admittance
  (a) A person charged with a criminal offense specified in this subsection whose jurisdiction is in the circuit or district court of the Thirty-third Judicial...
• Section 45-23-82.03 Standards for admission
  Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or older,...
• Section 45-23-82.04 Admission into program
  (a) Prior to being admitted to the pretrial diversion program or as a part of the district attorney's evaluation process, an applicant may be required...
• Section 45-23-82.05 Program requirements; records
  (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) The offender shall be eligible for and...
• Section 45-23-82.06 Time for application
  (a) An offender shall make application to the pretrial diversion program no later than 21 days after his or her first appearance or arraignment, whichever...
• Section 45-23-82.07 Costs and fees
  (a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the...
• Section 45-23-82.08 Treatment programs; drug testing
  The district attorney and the offender may enter into an agreement as a part of the pretrial diversion program of an offender that the offender...
• Section 45-23-82.09 Written agreement; other terms and conditions
  (a) In any case in which an offender is admitted into a pretrial diversion program, there shall be a written agreement between the district attorney...
• Section 45-23-82.10 Pretrial diversion program fund
  The district attorney shall establish a pretrial diversion program fund. The district attorney shall use the funds in the pretrial diversion program fund to pay...
• Section 45-23-82.11 Violations; waiver
  (a) If the offender violates the conditions of the pretrial diversion program agreed to in writing by the offender and the district attorney, the district...
• Section 45-23-82.12 Liability of district attorney
  The district attorney shall have no liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program.
• Section 45-23-82.13 Funding
  The pretrial diversion program may apply for grants applicable to the aims of the program, may accept gifts from individuals or corporations, and may receive...
• Section 45-23-82.14 Advisory board
  The district attorney may form an advisory board to assist in the determination of appropriate pretrial diversion candidates. The district attorney shall retain the final...
• Part 4 Probate Court.
• Division 1 Recording System.
• Section 45-23-83 Applicability; purpose
  This part shall only apply in Dale County. The purpose of this part is to facilitate the use of public records in property transactions in...
• Section 45-23-83.01 Definitions
  The following words and phrases, including the plural of any thereof, whenever used in this part, shall have the following respective meanings: (1) "General Property...
• Section 45-23-83.02 Installation and maintenance of system
  The judge of probate is authorized to provide for the installation and thereafter for the maintenance of an improved recording, archiving, and retrieval system in...
• Section 45-23-83.03 Official records
  Following the effective installation date, real property instruments, personal property instruments, and other documents and records provided herein to be recorded, archived, and retrieved with...
• Section 45-23-83.04 Relation to other laws
  All provisions of the laws of Alabama with respect to the recording of real property instruments, personal property instruments, general property instruments, miscellaneous instruments, and...
• Section 45-23-83.05 Installation costs
  The initial installation costs shall be paid entirely out of the special recording fees. Nothing contained in this part, however, shall prohibit the county from...
• Section 45-23-83.06 Recording and filing fee
  Effective May 2, 1996, a special recording and filing fee of five dollars ($5) shall be paid to and collected by its judge of probate,...
• Section 45-23-83.07 Special recording fee
  May 21, 1996, a special recording fee of ten dollars ($10) shall be paid to and collected by its judge of probate with respect to...
• Section 45-23-83.08 Special transaction fee
  Effective May 21, 1996, a special transaction fee of two dollars ($2) dollars shall be paid to and collected by its judge of probate with...
• Section 45-23-83.09 Disposition of funds
  Effective May 21, 1996, any and all revenues generated either directly or indirectly due to the use of or access to the improved recording, archiving,...
• Division 2 Compensation.
• Section 45-23-83.20 Salary; compensation increases
  (a) Beginning on June 1, 2015, the Judge of Probate of Dale County shall receive an annual salary of seventy-three thousand six hundred nineteen dollars...
• Article 9 Economic and Industrial Deveopment and Tourism.
• Section 45-23-90 Reserved Reserved.
• Article 10 Education.
• Part 1 Board of Education.
• Division 1 Compensation.
• Section 45-23-100 Salary; expense allowance
  In Dale County, each member of the county board of education is hereby authorized to receive a salary from the public school funds of the...
• Division 2 Membership.
• Section 45-23-100.20 Election of members
  (a) Notwithstanding any other provision of law, the members of the Dale County Board of Education shall be elected by the qualified electors of Dale...
• Part 2 Superintendent of Education.
• Section 45-23-101 Election of superintendent
  (a) Notwithstanding any other provision of law, the Dale County Superin¬tendent of Education shall be elected by the qualified electors of Dale County who reside...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-23-110 Compensation
  The chair and each member of the Dale County Board of Registrars shall be entitled to receive compensation in the amount of fifteen dollars ($15)...
• Part 2 Election Officials.
• Section 45-23-111 Expense allowance
  In Dale County, an election official who works at polling places shall receive an additional expense allowance in the amount of ten dollars ($10) per...
• Article 12 Employees.
• Section 45-23-120 Reserved Reserved.
• Article 13 Engineer, County
• Section 45-23-130 Policies and priorities set by County Commission
  The Dale County Commission shall set the necessary policies and priorities for the construction, maintenance, and repair of all public roads, county highways, bridges, ferries,...
• Section 45-23-130.01 Employment of county engineer; qualifications; requirements
  The Dale County Commission, or any succeeding county governing body, shall appoint and employ a county engineer, who shall be a thoroughly qualified and competent...
• Section 45-23-130.02 Duties
  It shall be the duty of the county engineer to: (1) Employ, supervise, and direct all assistants to properly maintain and construct the public roads,...
• Section 45-23-130.03 Wage or salary scale
  It shall be the duty of the commission to fix, from time to time, in accordance with prevailing economic conditions, the various scales of wages...
• Section 45-23-130.04 Compensation
  The commission shall fix the amount of the salary of the county engineer, payable in equal monthly installments from appropriate road and highway funds.
• Section 45-23-130.05 Bond
  Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount set from time to...
• Section 45-23-130.06 Office space and equipment
  The commission shall furnish the county engineer with an office within the county and all necessary office supplies, equipment, communication, utilities, and necessary transportation to...
• Section 45-23-130.07 Accountability for equipment; inventory
  The county engineer shall be the custodian and accountable to the county commission for all road machinery and equipment, tools, supplies, and repair parts owned...
• Section 45-23-130.08 Expenditure of funds; appropriation by commission
  The authority of the county engineer to expend funds shall be limited to the requisition for the expenditure of funds for the purpose of construction,...
• Section 45-23-130.09 Requisition for materials, supplies, etc.; authority and accountability of county purchasing agent
  The county engineer shall make written requisition to a county purchasing agent for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance,...
• Section 45-23-130.10 Inspection and approval of materials, supplies, etc., prior to payment
  It shall be the further duty of the county engineer to inspect and approve on delivery all materials, machinery, equipment, and supplies, purchased by the...
• Section 45-23-130.11 Employment of road supervisor in emergency
  In the event of an emergency in which it would be impossible for the commission to employ an engineer, the commission shall employ a competent...
• Section 45-23-130.12 Duties of commissioners
  Each member of the county commission shall inspect the roads and bridges of his or her district, from time to time, hear the suggestions and...
• Article 14 Fire Protection and Emergency Medical Services.
• Part 1 Fire Protection Program.
• Section 45-23-140 Fire protection program
  (a) The County Commission of Dale County is authorized, when the need exists, to provide protection against forest fires in Dale County by participating in...
• Part 2 Fire Protection and Emergency Medical Services Fee.
• Section 45-23-141 Applicability
  This part shall apply to all portions of Dale County except that portion of Dale County which lies within the city limits of the City...
• Section 45-23-141.01 Public organizations
  The Legislature declares that volunteer fire departments, emergency medical service squads, the Volunteer Firefighters Association, and the Rescue Squad Association that receive funds pursuant to...
• Section 45-23-141.02 Fee - Levy
  (a) There is levied on the owner of each dwelling and commercial building in Dale County, excluding the corporate limits of the City of Ozark,...
• Section 45-23-141.03 Fee - Exemptions
  Any person age 65 or over exempted from paying property tax in Dale County, in partial or in whole, shall also be exempted from paying...
• Section 45-23-141.04 Fee - Collection, administration, and enforcement
  The fire and emergency medical service fee shall be collected, administered, and enforced at the same manner, and under the same requirements and laws as...
• Section 45-23-141.05 Eligible volunteer fire departments and emergency medical service squads
  An eligible volunteer fire department, for the purposes of this part, shall mean a certified nonprofit volunteer fire department located in Dale County that is...
• Section 45-23-141.06 Disposition of funds
  Funds paid to the county firefighters and rescue squad association, to be distributed to volunteer fire departments and emergency medical service squads, shall only be...
• Section 45-23-141.07 Transfer of funds upon dissolution or abandonment
  Upon dissolution or abandonment of any eligible volunteer fire department or emergency medical service squad, any remaining funds derived from this part or any assets...
• Section 45-23-141.08 States of personnel
  The personnel of volunteer fire departments, emergency medical service squads, volunteer fire association, or rescue squad association provided for in this part shall not be...
• Section 45-23-141.09 Forfeiture of funds
  The purposes and use of funds generated by this part is to enable all participating volunteer fire departments in Dale County to lower their ISO...
• Section 45-23-141.10 Regulatory control and supervision
  With regard to the administration of the fees levied by this act, the Dale County Commission shall exercise such regulatory control and supervision over and...
• Article 15 Gambling.
• Section 45-23-150 Reserved Reserved.
• Article 16 Government Operations.
• Section 45-23-160 Liability for monetary loss
  (a) The County Commission of Dale County shall reimburse the office of judge of probate or revenue commissioner from the general fund the amount of...
• Section 45-23-160.01 Contingent fund
  (a) Commencing with the fiscal year beginning October 1, 2014, the Dale County Commission may appropriate annually, out of the monies in the county treasury...
• Article 17 Health and Environment.
• Part 1
• Section 45-23-170 Board of Health fees
  (a) The Board of Health of Dale County may fix a schedule of fees which shall cover the actual cost or a portion thereof involved...
• Part 2
• Section 45-23-171 Individuals with mental illness taken into temporary protective custody
  (a) For the purposes of this section, the following terms have the following meanings: (1) DESIGNATED LAW ENFORCEMENT AGENCY. A law enforcement agency within Dale...
• Article 18 Highways and Bridges.
• Section 45-23-180 Reserved Reserved.
• Article 19 Legislature.
• Section 45-23-190 Reserved Reserved.
• Article 20 Licenses and Licensing.
• Section 45-23-200 Reserved Reserved.
• Article 21 Motor Vehicles and Transportation.
• Section 45-23-210 Reserved Reserved.
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-23-220 Reserved Reserved.
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-23-230 Salary
  (a) Commencing with the next term of office, the salary of the Sheriff of Dale County is forty seven thousand, five hundred dollars ($47,500) per...
• Section 45-23-230.01 Expense allowance; increase to salary
  (a) The Sheriff of Dale County shall be entitled to receive an additional expense allowance in the amount of seven thousand five hundred dollars ($7,500)...
• Section 45-23-230.02 Additional expense allowance; increase to salary
  (a) Commencing April 1, 2012, the Sheriff of Dale County shall be entitled to an additional expense allowance in the amount of fifteen thousand dollars...
• Part 2 Pistol Permit.
• Section 45-23-231 Fee; sheriff's fund
  Repealed by Act 2012-81, §3, effective June 1, 2012.
• Section 45-23-231.01 Fee; Sheriff's Law Enforcement Fund
  (a) In Dale County, the fee for the issuance of a permit to carry a pistol in a vehicle or concealed on or about the...
• Part 3 Retirement.
• Section 45-23-232 Deputy sheriff - Receipt of badge and pistol
  (a) This section shall apply only to Dale County. (b) Any person employed as a commissioned deputy of the Sheriffs Office of Dale County for...
• Part 4 Jails.
• Section 45-23-233 Operation of jail store; Sheriff's Law Enforcement Fund
  (a) The Sheriff of Dale County, or the authorized agents of the sheriff, may operate a jail store for prisoners within the confines of the...
• Part 5 Service of Process.
• Section 45-23-234 Service of process fee; disposition of funds
  (a)(1) In addition to all other charges, fees, judgments, and costs of court, in the civil division and in the criminal division of the district...
• Article 24 Taxation.
• Part 1 Revenue Commissioner.
• Division 1 Compensation.
• Section 45-23-240 Expense allowance; salary
  (a) The Revenue Commissioner of Dale County shall be entitled to receive an additional expense allowance in the amount of seven thousand five hundred dollars...
• Division 2 Creation of Office.
• Section 45-23-240.20 Consolidation of offices and duties
  (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...
• Part 3 License Division.
• Division 1 Creation.
• Section 45-23-240.40 Creation; clerks and assistants
  There is created within the Tax Assessor's Office of Dale County a license division. The county commission shall furnish suitable quarters and provide the necessary...
• Section 45-23-240.41 Duties; commission and fees
  The tax assessor shall perform all duties relating to the assessment and collection of taxes on motor vehicles in the county and issue applications for...
• Section 45-23-240.42 Recordkeeping
  The tax assessor shall keep at all times an accurate record of all licenses received by him or her from the Comptroller and of the...
• Section 45-23-240.43 Charge and collection of fees
  Except as hereinafter provided, the tax assessor shall be entitled to charge and collect the same fees that are now provided for by law. For...
• Section 45-23-240.44 Payment of tax required for issuance of license
  To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no...
• Section 45-23-240.45 Assessment
  Before any vehicle can be assessed, the tax assessor shall be furnished the tag number presently on the vehicle unless such vehicle is new, in...
• Section 45-23-240.46 Renewal by mail; Mail Order Fee
  The tax assessor may, at his or her discretion, mail an application for renewal of licenses to whom such license has been previously issued, such...
• Division 2 License Renewal by Mail.
• Section 45-23-240.60 Mail order procedures
  (a) The county revenue commissioner shall mail applications for renewal of motor vehicle licenses and tags, boat licenses, and manufactured home licenses to the person...
• Division 3 Worthless Checks.
• Section 45-23-240.80 Invalid check procedures
  In Dale County, when a personal check given for a license is found to be noncollectible for any reason, the revenue commissioner shall notify the...
• Division 4 Transaction Fee.
• Section 45-23-240.100 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  (a) In Dale County, the Revenue Commissioner shall collect a tag transaction fee in the amount of five dollars ($5) for each motor vehicle tag,...
• Part 2 Tax, Sales and Use.
• Section 45-23-241 Sales and use tax for schools
  (a) In order to provide funds for the benefit of public schools in Dale County, there is hereby levied in each separate school district in...
• Part 3 Tax, Tobacco.
• Section 45-23-242 Levy of tax
  (a) The Dale County Commission is authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses or otherwise consumes tobacco or...
• Section 45-23-242.01 Tax to be added to sales price of tobacco products
  (a) Upon adoption of a resolution by the Dale County Commission, every person, firm, corporation, club, or association that sells or stores or receives for...
• Section 45-23-242.02 Tobacco stamps
  The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40-25-1 through Section...
• Section 45-23-242.03 Rules and regulations
  The State Department of Revenue is authorized to promulgate and enforce rules and regulations to effectuate the purposes of this part. All such rules and...
• Section 45-23-242.04 Application of laws, rules, and regulations
  All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section...
• Section 45-23-244.05 Disposition of funds
  (a) The proceeds from the tax hereby authorized, less the actual cost of collection not to exceed five per centum shall be paid by the...
• Section 45-23-242.06 Construction and application
  (a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses...
• Part 4 Lodging Tax.
• Section 45-23-243 Lodging tax levied
  (a) This section shall only apply in Dale County. (b) In addition to all other taxes of every kind now imposed by law, the Dale...
• Article 25 Utilities.
• Section 45-23-250 Reserved Reserved.
• Article 26 Zoning and Planning.
• Section 45-23-260 Reserved Reserved.

Last modified: May 3, 2021