Code of Alabama - Title 45: Local Laws - Chapter 25 - Dekalb County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-25-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all DeKalb County local laws enacted after 1978 and all DeKalb County prior...
• Part 2 Compensation.
• Section 45-25-11 Compensation of revenue commissioner, judge of probate, and license official
  (a) All compensation and expense allowance increases provided in this section shall be subject to the approval of the DeKalb County Commission. (b)(I) Beginning January...
• Article 2 Alcoholic Beverages.
• Section 45-25-20 Reserved Reserved.
• Article 3 Boards and Commssions.
• Section 45-25-30 Reserved Reserved.
• Article 4 Business, Labor, and Occupations.
• Section 45-25-40 Reserved Reserved.
• Article 5 Constables.
• Section 45-25-50 Reserved Reserved.
• Article 6 Coroner.
• Section 45-25-60 Compensation
  (a) The Coroner of DeKalb County shall receive an expense allowance in the amount of six hundred dollars ($600) per month. The expense allowance provided...
• Article 7 County Commission.
• Part 1 Compensation.
• Section 45-25-70 Expense allowance
  The chair and county commissioners of DeKalb county shall receive an additional expense allowance in the amount of fifty dollars ($50) per week. The expense...
• Part 2 Membership.
• Section 45-25-71 Election of members
  (a) Effective the next election of the DeKalb County Commission, the members of the DeKalb County Commission shall be elected from single-member districts. Each member...
• Section 45-25-71.01 Staggered terms
  After June 18, 2003, members of the DeKalb County Commission shall continue to be elected as provided by law and shall hold office for four...
• Section 45-25-71.02 Composition of commission; powers, duties, and authorities
  (a) The DeKalb County Commission is continued as currently constituted. The DeKalb County Commission shall continue to be composed of four members elected as provided...
• Article 8 Courts.
• Part 1 Circuit Court.
• Section 45-25-80 Expense allowance of circuit court register
  The circuit court register of DeKalb County shall be paid an expense allowance of two thousand dollars ($2,000) per annum which shall be in addition...
• Part 2 Court Costs.
• Division 1 DeKalb County Preservation of Justice Act.
• Section 45-25-81 Judicial Administration Fund
  (a) This section shall be known and cited as the DeKalb County Preservation of Justice Act. (b) The Legislature finds and declares the following: (1)...
• Division 2 Juveniles.
• Section 45-25-81.20 Fee for juvenile probation purposes
  In DeKalb County, in addition to all other costs and charges in district court cases, a fee of four dollars ($4) shall be charged and...
• Division 3 Law Library.
• Section 45-25-81.40 Library fee; maintenance and management of law library
  (a) In order to provide funds for the maintenance of a public law library heretofore established in DeKalb County, a library fee of three dollars...
• Division 4 Sheriff.
• Section 45-25-81.60 Additional court costs
  (a)(1) In addition to any court costs and fees now or hereafter authorized in DeKalb County, the DeKalb County Commission may impose, by resolution of...
• Part 3 District Attorney.
• Section 45-25-82 Expense allowance
  (a) This section shall only apply to DeKalb County in the Ninth Judicial Circuit. (b)(1) Commencing on August 1, 1999, the District Attorney of the...
• Part 4 Probate Court.
• Section 45-25-83 Fee for copies of instruments
  Pursuant to the authority granted in subsection (d) of Section 12-19-90, the Judge of Probate of DeKalb County shall set the fee for supplying a...
• Section 45-25-83.01 Renewal of business licenses by mail
  The Judge of Probate of DeKalb County is authorized to renew Alabama business licenses by mail. The Judge of Probate shall mail notices during the...
• Section 45-25-83.02 Indexing system; special indexing fee
  (a) This section shall only apply in DeKalb County. The purpose of this section is to facilitate the use of public records in property transactions...
• Article 9 Economic and Industrial Development and Tourism.
• Part 1 Community Development.
• Section 45-25-90 DeKalb County Community Development Commission
  (a) There is created the DeKalb County Community Development Commission which shall be authorized to receive, and by majority vote to distribute, any funds in...
• Part 2 Economic Development.
• Section 45-25-91 DeKalb County Economic Development Authority
  (a) There is created the DeKalb County Economic Development Authority. The authority is created for the purpose and has the responsibility of aiding and assisting...
• Part 3 Industrial Development.
• Division 1
• Section 45-25-92 Industrial Development Authority - Creation; composition
  (a) For the purpose of promoting industry and trade and to assist the county commission in DeKalb County in their pursuits therefor, there is created...
• Section 45-25-92.01 Industrial Development Authority - Meetings
  The authority shall hold an organizational meeting within 30 days after the appointment of all its members and shall elect a chair and vice chair...
• Section 45-25-92.02 Industrial Development Authority - Instrumentality
  Upon the organization of the Industrial Development Authority of DeKalb County, the authority shall be constituted an instrumentality for the exercise of public and essential...
• Section 45-25-92.03 Industrial Development Authority - Officers; personnel
  The authority is empowered to employ an executive director who shall be its chief executive officer, and a treasurer to serve at the pleasure of...
• Section 45-25-92.04 Industrial Development Authority - Powers
  The authority or its agents or employees may do the following: (1) Investigate, study, and engage in basic research relative to the natural resources of...
• Section 45-25-92.05 Industrial Development Authority - Office
  The authority may establish and maintain an office at the county courthouse complex if space is available or at some other suitable place within the...
• Section 45-25-92.06 Industrial Development Authority - Funding
  Forty percent of the cost of operation of the authority shall be paid by the county and the remaining cost shall be paid by the...
• Division 2
• Section 45-25-92.30 Jackson/DeKalb Counties Industrial Development Authority
  (a) There is established the Jackson/DeKalb Counties Industrial Development Authority. The purpose of the authority shall be to market and develop the Northeast Alabama Technology...
• Article 10 Education.
• Part 1 Board of Education.
• Section 45-25-100 Election of members
  (a) The DeKalb County Board of Education shall consist of five members, each elected from a separate single-member district, nominated and elected by the qualified...
• Part 2 Superintendent of Education.
• Section 45-25-101 Election; term; compensation; qualifications; powers and duties; vacancy
  (a) A county Superintendent of Education for DeKalb County, Alabama, shall be elected by the qualified electors of DeKalb County, Alabama, at the next general...
• Article 11 Elections.
• Section 45-25-110 Expense allowances for election workers
  In DeKalb County, election officials who work at polling places are entitled to an additional per diem allowance in such an amount as will, together...
• Article 12 Employees.
• Section 45-25-120 Reserved Reserved.
• Article 13 Engineer, County.
• Section 45-25-130 Qualifications; compensation; duties; employment of road supervisor
  (a) The DeKalb County Commission shall employ a county engineer, who shall be a thoroughly qualified and competent, licensed professional civil engineer, possessing all of...
• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-25-140 Reserved
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Article 15 Gambling.
• Section 45-25-150 Reserved Reserved.
• Article 16 Government Operations.
• Section 45-25-160 Assistance to DeKalb County Association for Retarded Citizens, Inc
  The County Commission of DeKalb County is authorized and empowered to make appropriations and expenditures from its general fund to the DeKalb County Association for...
• Section 45-25-160.01 Use of mechanical or facsimile devices for signatures
  In DeKalb County, any county officer or such other person who is designated to draw warrants or checks on the county treasury or depository, is...
• Section 45-25-160.02 Liability for monetary loss
  (a) The DeKalb County Commission shall reimburse the office of tax collector and the judge of probate from the general fund of the county the...
• Section 45-25-160.03 Distribution of Tennessee Valley Authority payments in lieu of taxes
  The distribution of the share of in-lieu-of-taxes payments of T.V.A. for DeKalb County shall be as follows: (1) DeKalb County Economic Development Authority shall be...
• Article 17 Health and Environment.
• Part 1 Envrionment.
• Section 45-25-170 DeKalb County Septic Tank Bond Fund
  Repealed by act ACT 2017-168, § 1, effective April 20, 2017, and by Act 2017-243, § 1, effective May 9, 2017.
• Part 2 Health.
• Section 45-25-171 Board of health fees
  (a) The DeKalb County Board of Health shall designate the services rendered by the county board department for which fees may be charged and shall...
• Article 18 Highways and Bridges.
• Section 45-25-180 Reserved Reserved.
• Article 19 Legislature.
• Section 45-25-190 Reserved Reserved.
• Article 20 Licenses and Licensing.
• Section 45-25-200 Revenue officer
  (a) In DeKalb County, the county commission shall employ a county revenue officer at an annual salary to be determined by the county commission. The...
• Article 21 Motor Vehicles and Transportation.
• Section 45-25-210 Reserved Reserved.
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-25-220 Reserved Reserved.
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-25-230 Additional compensation for hazardous duty
  In DeKalb County, each deputy sheriff who is engaged in hazardous duties shall be entitled to receive an additional one hundred fifty dollars ($150) per...
• Section 45-25-230.01 Expense allowances; salary
  (a)(1) Commencing June 1, 1993, the Sheriff of DeKalb County shall be entitled to an additional expense allowance in the amount of fifteen thousand dollars...
• Part 2 Jails.
• Division 1 Jail Store.
• Section 45-25-231 Jail store and inmate telephone system
  (a) The Sheriff of DeKalb County, or the authorized agents of the sheriff, may operate a jail store and an inmate telephone system for prisoners...
• Part 3 Pistol Permit.
• Section 45-25-232 Fee; sheriff's fund
  (a) In DeKalb County, the fee for issuance of a permit to carry a pistol concealed on or about the person or in a vehicle,...
• Article 24 Taxation.
• Part 1 Revenue Commissioner.
• Division 1 Office Created.
• Section 45-25-240 Election; consolidation of offices; deputies, clerks, and assistants; duties
  (a) After September 30, 1997, there shall be a county revenue commissioner in DeKalb County. A commissioner shall be elected at the general election in...
• Division 2 License Division.
• Section 45-25-240.20 Creation; quarters, equipment, supplies, etc.; personnel
  There is created within the tax assessor's office of DeKalb County a license division which shall issue all motor vehicles licenses and titles issued through...
• Section 45-25-240.21 Issuance of licenses and titles; commissions and fees
  The tax assessor shall perform all duties relating to the issuing of licenses and titles on motor vehicles in the county which have heretofore been...
• Section 45-25-240.22 Recordkeeping; reporting
  The tax assessor shall keep at all times an accurate record of all motor vehicle licenses and titles received by him or her from the...
• Section 45-25-240.23 Charge and collection of fees; refunds
  Except as herein provided, the tax assessor shall be entitled to charge and collect the same fees that are provided by law. For the performance...
• Section 45-25-240.24 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 45-25-240.25 Vehicle information required for assessment
  Before any vehicles may be assessed, the tax assessor shall be furnished the tag number presently on the vehicle unless such vehicle is new in...
• Section 45-25-240.26 Retrieval or voiding of license
  In cases where a personal check given for a license is found to be noncollectible for any reason, the tax assessor shall notify the revenue...
• Section 45-25-240.27 Monthly roster; renewal by mail
  (a) The DeKalb County Commission shall furnish additional and sufficient personnel to the county tax assessor's office for the purpose of researching and obtaining the...
• Division 3 Redemption of Land.
• Section 45-25-240.70 Procedure for sale and redemption of lands
  (a) The provisions of this section shall apply to DeKalb County. (b) The procedure for selling and redeeming lands for taxes in such county shall...
• Part 2 Tax. Ad Valorem.
• Section 45-25-241 DeKalb County Rural Water Authority
  (a) In addition to any penalty heretofore imposed by law for the late payment of ad valorem taxes in DeKalb County, there is imposed a...
• Part 3 Tax, Gasoline and Motor Fuels.
• Division 1 1959 Tax.
• Section 45-25-242 Definitions
  The term "gasoline" as used in this subpart shall include gasoline, naptha and other liquid motor fuels or any devices or substitutes therefor commonly used...
• Section 45-25-242.01 Levy of tax
  The governing body of DeKalb County, Alabama, may impose an excise tax of not exceeding one cent ($0.01) per gallon on persons, corporations, copartnerships, companies,...
• Section 45-25-242.02 Statement of sales and withdrawals
  On or before the 20th day of each month after November 13, 1959, every person upon whom the excise tax is levied shall render to...
• Section 45-25-242.03 Recordkeeping
  All distributors, storers, and retail dealers shall keep for not less than two years within the State of Alabama at some certain place or office...
• Section 45-25-242.04 Report of business address
  Within 30 days after any tax shall have been levied under authority of this subpart every distributor, storer, or retail dealer engaged in the sale...
• Section 45-25-242.05 Violations
  If any distributor, storer, or retail dealer of gasoline in the county shall fail to make the reports or any of them as required in...
• Section 45-25-242.06 Enforcement
  It shall be the duty of the governing body of the county to enforce this subpart upon its imposing the tax hereunder, and it shall...
• Section 45-25-242.07 Delinquency in payment of tax
  If any distributor, storer, or retail dealer in gasoline shall fail to make monthly reports or shall fail to pay the tax imposed under authority...
• Section 45-25-242.08 Payment of tax 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 45-25-242.09 Penalties
  Any distributor, storer, or dealer who shall violate this subpart or shall fail to comply with any reasonable rule or regulation promulgated hereunder, may be...
• Section 45-25-242.10 Quarterly reports of gasoline shipments
  Each agent or any railroad company, bus, or truck operator or other transportation company or agency operating in DeKalb County shall report to the governing...
• Section 45-25-242.11 Special fund
  The net proceeds of any tax imposed under authority of this subpart shall be paid into a special fund, in the county treasury for use...
• Section 45-25-242.12 Disposition of proceeds
  Proceeds from the gasoline excise tax shall be distributed and used as follows: (1) The first one hundred fifteen thousand dollars ($115,000) annually shall be...
• Division 2 1975 Tax.
• Section 45-25-242.40 Definitions
  The term "gasoline" as used in this subpart shall include gasoline, naptha and other liquid motor fuels or any devices or substitutes therefor commonly used...
• Section 45-25-242.41 Levy of tax
  In addition to all other taxes imposed by law, there is imposed an excise tax of one cent ($0.01) per gallon on persons, corporations, copartnerships,...
• Section 45-25-242.42 Statement of sales and withdrawals
  On or before the 20th day of each month after October 10, 1975, every person upon whom the excise tax is levied shall render to...
• Section 45-25-242.43 Recordkeeping
  All distributors, storers, and retail dealers shall keep for not less than two years within the State of Alabama at some certain place or office...
• Section 45-25-242.44 Report of business address
  Within 30 days after any tax shall have been levied under authority of this subpart every distributor, storer, or retail dealer engaged in the sale...
• Section 45-25-242.45 Violations
  If any distributor, storer, or retail dealer of gasoline in the county shall fail to make the reports or any of them as required in...
• Section 45-25-244.46 Enforcement
  It shall be the duty of the governing body of the county to enforce this subpart and it shall have the right itself, or its...
• Section 45-25-242.47 Delinquency in payment of tax
  If any distributor, storer or retail dealer in gasoline shall fail to make monthly reports or shall fail to pay the tax imposed under authority...
• Section 45-25-242.48 Payment of tax 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 45-25-242.49 Penalties
  Any distributor, storer, or dealer who shall violate this subpart or shall fail to comply with any reasonable rule or regulation promulgated hereunder, may be...
• Section 45-25-242.50 Quarterly reports of gasoline shipments
  Each agent or any railroad company, bus, or truck operator or other transportation company or agency operating in DeKalb County shall report to the governing...
• Section 45-25-242.51 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 45-25-242.52 County General Road Department Fund
  All proceeds of any tax imposed and levied under the authority of this subpart shall be transferred to the County General Road Department Fund, for...
• Section 45-25-242.53 Grants to municipalities
  Provided, however, that nothing contained herein shall be construed to prohibit or restrict the county commission from making grants to municipalities within the county for...
• Section 45-25-242.54 Ratification of expenditures
  All expenditures and uses of the proceeds paid from the net proceeds of the revenues from the gasoline excise tax collected pursuant to this subpart...
• Part 4 Tax, Lodging.
• Section 45-25-243 Lodging tax levied
  (a) In DeKalb County, in addition to all other taxes imposed by law, there is levied a privilege or license tax in the amount herein...
• Part 5 Tax, Tobacco.
• Section 45-25-244 Levy of tax
  (a) The county governing body of DeKalb County is authorized and empowered to levy a tax on tobacco products sold within DeKalb County. The amount...
• Article 25 Utilities.
• Section 45-25-250 Definitions
  When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise. (1) AUTHORITY. The...
• Section 45-25-250.01 Legislative intent
  This article is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the...
• Section 45-25-250.02 Amendment of certificate of incorporation
  (a) The certificate of incorporation of the authority incorporated under this article may at any time and from time to time be amended in the...
• Section 45-25-250.03 Board of directors
  The board of directors shall consist of seven directors that shall be appointed by the members of the state Legislature that represent all or any...
• Section 45-25-250.04 Powers of authority
  (a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
• Section 45-25-250.05 Additional powers and rights
  (a) The authority organized or operating pursuant to this article shall, in addition to all other powers now or hereafter granted by law, have the...
• Section 45-25-250.06 Contracts of the authority
  As security for payment of the principal of and interest on bonds or obligations assumed by it, the authority may enter into a contract or...
• Section 45-25-250.07 Rates, fees, and charges
  Rates, fees, and charges for water, sewer, or garbage service rendered by the authority from any of its systems shall be so fixed and from...
• Section 45-25-250.08 Planning, development, operation, etc., of water, sewer, or garbage systems
  For the purpose of securing water, sewer, or garbage service or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement,...
• Section 45-25-250.09 Rights-of-way
  The authority is authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or of...
• Section 45-25-250.10 Governmental functions; liability of authority
  The furnishing of sewer and garbage service in conjunction with the water services by the authority as well as the furnishing of water services are...
• Section 45-25-250.11 Exemption from taxes, fees, etc
  The authority, the property and income of the authority, the income from bonds, conveyances by or to the authority, and leases, mortgages, and deeds of...
• Section 45-25-250.12 Exemption from usury statutes
  The authority now or hereafter organized under this article is exempted from the laws of the State of Alabama governing usury and prescribing or limiting...
• Section 45-25-250.13 Dissolution of authority
  At any time when no bonds or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly...
• Section 45-25-250.14 Validity of certificate of incorporation
  In all cases where there is an attempt to incorporate a public corporation under this article, and a certificate of incorporation with respect to such...
• Section 45-25-250.15 Proceedings, notice, and approval of authority actions
  Except as expressly otherwise provided in this article, no proceeding, notice, or approval shall be required for the incorporation of the authority or the amendment...
• Section 45-25-250.16 Auditing
  The DeKalb County Water Authority shall be audited similar to and in accordance with any audit required to be performed upon the DeKalb County Commission...
• Section 45-25-250.17 Funding
  Beginning with the 2020-2021 fiscal year, the DeKalb County Commission shall appropriate annually funds accruing from the filing and recording fees levied by Resolution 92-1013-05,...
• Article 26 Zoning and Planning.
• Part 1 Wind Energy Conversion Systems.
• Section 45-25-260 Applicability
  This part shall only apply in DeKalb County.
• Section 45-25-260.01 Definitions
  For the purposes of this part, the following words shall have the following meanings: (1) DECIBEL. The unit of measure for sound pressure using dBA...
• Section 45-25-260.02 Permit required
  (a) It shall be unlawful to construct, erect, install, alter, operate, or locate a wind energy conversion system in DeKalb County without first obtaining a...
• Section 45-25-260.03 Adoption of rules, laws, or ordinances
  Each local governing body of DeKalb County may adopt rules, laws, or ordinances governing the construction, installation, and operation of a wind energy conversion system,...
• Section 45-25-260.04 Financial assurances
  (a) An applicant shall maintain financial assurance in an amount equal to the costs associated with the reclamation plan and the removal of abandoned or...
• Section 45-25-260.05 Certification, safety, and setback requirements
  (a) The safety of the design of all conversion system towers shall be certified by a licensed engineer with prior experience with wind energy conversion...
• Section 45-25-260.06 Abandonment and removal of system or tower
  A wind energy conversion system or tower that does not operate continuously for 365 consecutive days may be deemed abandoned and shall be removed by...
• Section 45-25-260.07 Construction of part
  This part shall not interfere with, abrogate, or annul any covenant or other agreement between any parties. However, if this part imposes a greater restriction...
• Section 45-25-260.08 Jurisdiction and regulation of Public Service Commission
  To the extent that any applicant or owner of a wind energy conversion system undertakes business activities that cause it to be a utility or...

Last modified: May 3, 2021