Code of Alabama - Title 45: Local Laws - Chapter 28 - Etowah County

• Article 1 General and Miscellaneous Provisions.
• Section 45-28-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Etowah County local laws enacted after 1978 and all Etowah County prior...
• Article 2 Alcoholic Beverages.
• Section 45-28-20 Beer tax distribution
  Notwithstanding any other provision of law, in Etowah County, the beer taxes imposed pursuant to Section 28-3-190 shall be collected by the county judge of...
• Section 45-28-21 Regulation of sale and distribution of alcoholic beverages on Sunday - Municipalities
  (a) The voters of any municipality within Etowah County may authorize the sale of alcoholic beverages within the municipality on Sunday by an election pursuant...
• Section 45-28-21.01 Regulation of sale and distribution of alcoholic beverages on Sunday - Unincorporated areas
  (a) The voters in the unincorporated area of Etowah County may authorize the sale of alcoholic beverages within the unincorporated area of the county on...
• Article 3 Boards and Commissions.
• Section 45-28-30 Etowah County Library Committee
  (a) This section shall be operative only in Etowah County. (b) There is created the Etowah County Library Committee which shall have all authority as...
• Article 4 Business, Labor, and Occupations.
• Section 45-28-40 Banks
  Any bank, whether incorporated or unincorporated, within the state, now or hereafter situated in, or having a branch in, Etowah County, shall have the power...
• Article 5 Constables.
• Section 45-28-50 Compensation
  The Constable of the District Court of Etowah County shall be paid an expense allowance of seven hundred dollars ($700) per month. The expense allowance...
• Article 6 Coroner.
• Section 45-28-60 Compensation
  REPEALED IN THE 2019 REGULAR SESSION BY ACT 2019-219 EFFECTIVE BEGINNING THE NEXT TERM OF OFFICE OF THE ETOWAH COUNTY CORONER. THIS IS NOT IN...
• Section 45-28-60.01 Use of county vehicle
  (a) The Etowah County Commission shall provide the coroner with the use of a county vehicle in order to assist the coroner in the performance...
• Section 45-28-60.02 Expense allowance; salary
  (a) The coroner of Etowah County shall be entitled to an additional expense allowance so that the total compensation of the coroner including expense allowances...
• Section 45-28-60.03 Deputy coroner
  The coroner may appoint a qualified person to serve as deputy coroner to perform the duties of the coroner when the coroner is unavailable or...
• Article 7 County Commission.
• Part 1 Creation and Membership.
• Section 45-28-70 Single-member district county governing body
  (a) The intent of this section is to implement, by local act for Etowah County, the Joint Remedy Proposal in the court order dated January...
• Part 2 Duties.
• Section 45-28-71 Filling vacancies
  (a) Whenever a vacancy occurs, for any reason whatsoever, in any Etowah County office more than one year before the expiration of the term of...
• Article 8 Courts.
• Part 1 Circuit Court.
• Division 1 Compensation.
• Section 45-28-80 Court reporters
  In addition to all other allowances and compensation now provided by law, there shall be paid to each of the official court reporters for the...
• Section 45-28-80.01 Circuit judges
  (a) Notwithstanding any other provisions of law, no circuit judge of the Sixteenth Judicial Circuit shall receive any increase in the local county salary supplement...
• Section 45-28-80.02 Circuit clerk
  (a) Any law to the contrary notwithstanding, in the Sixteenth Judicial Circuit the circuit clerk shall receive a monthly judicial supplement allowance in the amount...
• Section 45-28-80.03 Part-time bailiffs
  (a) In Etowah County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
• Division 2 Preservation of Records.
• Section 45-28-80.20 Orders and decrees
  (a) In Etowah County all orders and decrees shall be made and entered by circuit judges sitting in and for the county on a sheet...
• Section 45-28-80.21 Final criminal orders and judgments
  (a) In Etowah County all final orders and judgments of the court in criminal cases shall be entered by the circuit judges sitting in and...
• Part 2 Court Costs.
• Section 45-28-81 Collection and use of additional fee; worthless check fee
  In Etowah County, all funds collected pursuant to Section 12-17-224, which are presently deposited in the Worthless Check Fund which is maintained by the Etowah...
• Section 45-28-81.01 Incarceration in Etowah County Jail
  (a) In Etowah County, additional court costs in the amount of five dollars ($5) per day shall be assessed and collected against each person incarcerated...
• Section 45-28-81.02 Solicitor's fee
  (a)(1) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in this state, a docket fee, hereinafter referred...
• Section 45-28-81.03 Additional booking fee in certain cases
  (a) In Etowah County, a booking fee in the amount of thirty dollars ($30) shall be assessed against and collected from each person booked or...
• Part 3 District Attorney.
• Division 1 General Provisions.
• Section 45-28-82 Supernumerary district attorneys
  Persons who have served as district attorneys in Etowah County and who are in all manner and respects entitled to status as supernumerary district attorneys...
• Section 45-28-82.01 Deputy district attorneys
  (a) In Etowah County, there shall be three part-time deputy district attorneys. The part-time deputy district attorneys shall be appointed by and serve at the...
• Division 2 Pretrial Diversion Program.
• Section 45-28-82.20 Definitions
  For purposes of this subpart, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The District Attorney of the Sixteenth Judicial Circuit in...
• Section 45-28-82.21 Established; discretionary powers; supervision and control
  (a) The district attorney may establish a pretrial diversion program within the Sixteenth Judicial Circuit in Etowah County. (b) All discretionary powers endowed by the...
• Section 45-28-82.22 Applicants for admittance
  (a) An offender charged with any of the following criminal offenses in a circuit court or district court may apply to the district attorney for...
• Section 45-28-82.23 Standards for admission
  (a) In determining whether an offender may be admitted into the pretrial diversion program, it shall be appropriate for the district attorney to consider any...
• Section 45-28-82.24 Admission into program
  (a) Admittance into the pretrial diversion program shall be in the sole discretion of the district attorney. To assist the district attorney in the decision...
• Section 45-28-82.25 Program requirements; records; Restorative Justice Initiative
  (a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, his or her...
• Section 45-28-82.26 Time for application
  An offender shall make application to the pretrial diversion program at a time to be determined by the district attorney.
• Section 45-28-82.27 Costs and fees
  (a) An offender may be assessed an application fee when he or she is approved for the program. The amount of the fee for participation...
• Section 45-28-82.28 Treatment programs; drug testing
  The district attorney and the offender may enter into an agreement, as a part of the pretrial diversion program, that the offender be admitted to...
• Section 45-28-82.29 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 45-28-82.30 Disposition of funds
  All fees paid to the district attorney by offenders pursuant to this subpart shall be paid into the District Attorney’s Solicitor Fund. The district attorney...
• Section 45-28-82.31 Violations; waiver
  (a) If the offender violates the conditions of the pretrial diversion program, the district attorney may terminate the participation of the offender in the program....
• Section 45-28-82.32 Liability
  The district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in the...
• Section 45-28-82.33 Funding
  The pretrial diversion program may apply for grants, may accept gifts from individuals or corporations, and may receive funding or appropriations from city, county, or...
• Section 45-28-82.34 Advisory board
  The district attorney may form an advisory board within the county or judicial circuit named the Citizens Advisory Board for Pretrial Diversion to assist the...
• Section 45-28-82.35 Use of other programs
  The district attorney, to the extent practicable, may utilize the services of an existing community corrections program established pursuant to Section 15-18-170, to provide for...
• Part 4 Jury Commission.
• Section 45-28-83 Clerk compensation
  The Clerk of the Jury Commission of Etowah County shall receive for the performance of his or her official duties, in lieu of all other...
• Part 5 Probate Court.
• Section 45-28-84 Filing fee for mental health program
  (a) The Probate Judge of Etowah County shall charge a fee of two dollars ($2) for filing for record or for recording each and every...
• Section 45-28-84.01 Fee for copies
  Pursuant to the authority granted in subsection (d) of Section 12-19-90, the Probate Judge of Etowah County shall set the fee for supplying a copy...
• Section 45-28-84.02 Special recording fee
  (a) In Etowah County, a special recording fee of three dollars ($3) shall be paid to the county, and collected by its judge of probate,...
• Section 45-28-84.03 Mail order registration for boat owners
  (a) The Etowah County Probate Judge shall mail forms to all registered boat owners within the county to allow boat owners to complete such application...
• Section 45-28-84.04 Rites of marriage fee
  The Judge of Probate of Etowah County may charge an additional fee when celebrating the rites of marriage. The amount of the additional fee shall...
• Article 9 Economic and Industrial Development and Tourism.
• Part 1 Etowah County Community Development Committee.
• Section 45-28-90 Creation; composition; dispersement of funds; compensation
  (a) This section shall be operative only in Etowah County. (b) There is created the Etowah County Community Development Committee which shall have all authority...
• Part 2 Etowah County Tourism Board.
• Section 45-28-91 Applicability
  This part shall be applicable only to Etowah County.
• Section 45-28-91.01 Creation; composition; powers and duties
  (a) There is hereby created the new Etowah County Tourism Board. The new board shall consist of one member appointed by each member of the...
• Section 45-28-91.02 Applicability and disposition of lodging tax
  (1) Beginning October 1, 2016, the first four hundred ninety-one thousand dollars ($491,000) of the annual proceeds of any lodging tax due Etowah County pursuant...
• Section 45-28-91.03 Tourism board tax exemption
  The Etowah County Tourism Board established by this part is exempt from any and all county and municipal ad valorem taxes and sales and use
• Section 45-28-91.04 Transfer of funds, contracts, assets. etc
  Any and all funds held by and any contracts of the Civic Center Authority on May 14, 2009, shall be transferred to the Etowah County...
• Section 45-28-91.05 Reversion of proceeds to tourism board
  (a) The portion of the proceeds distributed to the Etowah County Mega Sports Complex Authority under Section 45-28-91.02(a)(1) shall revert to the Etowah County Tourism...
• Article 10 Education.
• Section 45-28-100 Board of Education - Membership
  (a) The several members of the Etowah County Board of Education shall hereafter be elected by only those qualified electors in the county who are...
• Section 45-28-100.01 Board of Education - Compensation
  Each member of the Etowah County Board of Education shall receive an expense allowance in the amount of three hundred dollars ($300) per month. This...
• Section 45-28-100.02 School resource officers
  (a) This section shall apply only in Etowah County. (b) A person who retired from the position of municipal police officer, deputy sheriff, or other...
• Article 11 Elections.
• Section 45-28-110 Preparation of voter lists; compensation of judge of probate
  (a) The Judge of Probate of Etowah County shall complete and properly prepare the lists of qualified electors required to be furnished to the election...
• Section 45-28-110.01 Compensation of board of registrars
  The members of the Etowah County Board of Registrars shall receive in addition to the salary paid by the state and any other compensation now...
• Section 45-28-110.02 Compensation of returning officers
  In Etowah County, in addition to the compensation paid any returning officer, the county governing body shall supplement the mileage allowance, already provided for by...
• Section 45-28-110.03 Compensation of election officials
  In Etowah County, an election official who works at polling places shall receive an additional expense allowance in an amount as will, together with any...
• Article 12 Employees.
• Part 1 Compensation and Benefits.
• Section 45-28-120 Health insurance
  In the event that any person employed full time by Etowah County, Alabama, has to be laid off due to insufficient funds, the county shall...
• Section 45-28-120.01 Supplemental salaries
  (a) The Sheriff, the Judge of Probate, and the Revenue Commissioner of Etowah County are each authorized to supplement the salaries of employees in the...
• Part 2 Personnel Department.
• Section 45-28-121 Creation; composition; meetings; compensation
  (a) In Etowah County, there is hereby created and established a personnel department for the government and control of all employees and appointees holding positions...
• Section 45-28-121.01 Conduct of meetings; functions of board
  The members of the board shall elect one of their members as chair. The board shall determine the order of business for the conduct of...
• Section 45-28-121.02 Personnel director
  The county commission shall appoint a personnel director whose duty shall be to act in the capacity of director for the personnel system. The director...
• Section 45-28-121.03 Applicability
  (a) This part shall apply to all officers and employees in the service of the county except: (1) Elective officers. (2) Members of appointive boards,...
• Section 45-28-121.04 Rules and procedures
  In addition to such other matter as may be necessary and proper to carry out the intent and purposes of this part, rules shall be...
• Section 45-28-121.05 Temporary employment to fill vacancies
  During the period of suspension of any employee, or pending final action on proceedings to review the suspension, demotion, or dismissal of any employee, the...
• Section 45-28-121.06 Probational period
  All original and promotional appointments shall be for a probationary period of 12 months during which the employee may be rejected by the appointing authorities...
• Section 45-28-121.07 Regular status
  Any person holding a position or employment who shall have served continuously in such position for a period of 12 months immediately prior to May...
• Section 45-28-121.08 Demotion, dismissal, suspension, or reductions in pay
  (a) No employee in the classified service may be demoted, dismissed, suspended, or reduced in pay without just cause. (b) Any employee in the classified...
• Section 45-28-121.09 Abolishing positions
  Whenever in the judgment of any appointing authority, namely, the sheriff, judge of probate, tax assessor, tax collector, and Etowah County Commission, it becomes necessary...
• Section 45-28-121.10 County attorney to render legal services
  In any matter requiring the services of any attorney, the personnel board may call upon the county attorney to render such legal services to the...
• Section 45-28-121.11 Legislative intent
  It is the intent of this part to create a personnel system for Etowah County effective May 29, 1984.
• Section 45-28-121.12 Violations
  Any person who violates this part shall be guilty of a misdemeanor.
• Section 45-28-121.13 Definitions
  The terms appointing authority and appointing power are defined to mean any person, persons, department head, or elected official of the county who, on May...
• Article 13 Engineer, County.
• Section 45-28-130 Reserved
• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-28-140 Purchase of gasoline or motor fuel; equipment repairs
  (a) This section shall apply only to Etowah County. (b) It is the legislative intent of this section to declare that volunteer rescue squads, volunteer...
• Article 15 Gambling.
• Section 45-28-150 Short title
  This article shall be known and may be cited as the Etowah County Bingo Act.
• Section 45-28-150.01 Definitions
  As used in this article the following words shall have the following meanings as ascribed herein, unless the context clearly indicates otherwise: (1) BINGO. That...
• Section 45-28-150.02 Bingo games - Authorized
  The operation of bingo games for prizes or money by qualified organizations for bona fide charitable, educational, or other lawful purposes shall be legal in...
• Section 45-28-150.03 Bingo games - Permits
  (a) No qualified organization shall be permitted to operate a bingo game unless the sheriff first issues a permit to the organization authorizing it to...
• Section 45-28-150.04 Bingo games - Special permits
  (a) A qualified organization, including an organization which holds a permit pursuant to Section 45-28-150.03, may apply for a special permit for conducting a bingo...
• Section 45-28-150.05 Bingo games - Permit requirements
  (a) Each bingo permit shall contain the name and address of the permit holder, the location at which the permit holder is permitted to conduct...
• Section 45-28-150.06 Bingo games - Legislative intent; prize limits; deductions for actual expenses; consulting fees
  (a) It is the intention of the Legislature that only qualified organizations which are properly issued permits or licenses, pursuant to subdivision (6) of Section...
• Section 45-28-150.07 Bingo games - Fees; disposition of funds
  (a) In addition to the licensing fees imposed under this article, there is hereby imposed a ten cent ($0.10) per card or paper sheet fee...
• Section 45-28-150.08 Bingo games - Charitable or educational purposes of proceeds
  The net proceeds of a bingo game shall be devoted to the charitable or educational purposes of the qualified organization, pursuant to subdivision (6) of...
• Section 45-28-150.09 Bingo games - Equipment; prize and conduct limitations
  (a) Bingo may not be conducted with any equipment which is not owned, being purchased, or being rented at a reasonable rate by the permit...
• Section 45-28-150.10 Bingo games - Recordkeeping
  Each permit holder shall maintain the following records pertaining to each bingo session for at least one year from the date of the session: (1)...
• Section 45-28-150.11 Bingo games - Filing of records; inspection
  (a) On or before April 15th, after this article has been in effect for one year, and on or before April 15th of each calendar...
• Section 45-28-150.12 Revocation of bingo permit - Procedures
  The sheriff, for good cause shown, may revoke any permit issued pursuant to this article if the permit holder or any officer, director, agent, member,...
• Section 45-28-150.13 Revocation of bingo permit - Eligibility; effect of convictions
  (a) A permit holder whose permit is revoked in consequence of a violation of this article or a rule promulgated under this article is ineligible...
• Section 45-28-150.14 Revocation of bingo permit - Jurisdiction to restrain or enjoin
  The circuit court of this county shall have jurisdiction to restrain or enjoin violations of this article and shall afford trial by jury for all...
• Section 45-28-150.15 Violations
  Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction hereunder. Any subsequent conviction hereunder shall be a...
• Section 45-28-150.16 Seizure and forfeiture of contraband
  Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this article, may be contraband and may be...
• Section 45-28-150.17 Applicability of other laws
  Any other law providing a penalty or disability upon a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo,...
• Article 16 Government Operations.
• Section 45-28-160 Use of facsimile
  In Etowah County, any county officer or such other person who is designated to draw warrants or checks on the county treasury or depository, is...
• Section 45-28-160.01 Worthless checks
  (a) The Etowah County governing body shall reimburse the office of tax assessor, tax collector, probate judge, and revenue commissioner from the general fund of...
• Article 17 Health and Environment.
• Section 45-28-170 Death certificates
  (a) Any Etowah County health officer or administrator is authorized to issue an official death certificate in any case within the county, except where an...
• Section 45-28-170.01 Health department fees
  (a) The Etowah County Board of Health shall designate the services rendered by the Etowah County Health Department for which a reasonable fee may be...
• Article 18 Highways and Bridges.
• Section 45-28-180 Reserved
• Article 19 Legislature.
• Section 45-28-190 Reserved
• Article 20 Licenses and Licensing.
• Section 45-28-200 Business license or privilege fee
  (a) As used in this section, the following words and terms shall have the following meanings unless the context clearly indicates otherwise: (1) BUSINESS. Any...
• Section 45-28-200.01 Real estate business license fee
  (a) Any law to the contrary notwithstanding, effective January 1 following June 2, 1999, an annual business license fee of one hundred fifty dollars ($150)...
• Article 21 Motor Vehicles and Transportation.
• Section 45-28-210 Motor vehicle user fee
  (a) In Etowah County, in addition to all other charges, costs, taxes, or fees levied by law on the issuance of all motor vehicle license...
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-28-220 Approval of concerts
  Every applicant for a license provided for in Section 40-12-82 shall, before applying for such license, have received written approval from the Etowah County Commission...
• Section 45-28-220.01 War memorials
  (a) The Etowah County Commission shall be authorized to contribute up to the sum of fifteen thousand dollars ($15,000) each year from the general fund...
• Section 45-28-220.02 Etowah County Sports Hall of Fame
  (a) In Etowah County, there is hereby created the Etowah County Sports Hall of Fame Committee. The Etowah County Sports Hall of Fame Committee shall...
• Section 45-28-220.03 Etowah County Mega Sports Complex Authority
  (a) This section shall only apply in Etowah County. (b) The Etowah County Mega Sports Complex Authority is created. (c)(1) The authority shall consist of...
• Article 23 Sheriff.
• Part 1 Cpmpensation.
• Section 45-28-230 Employees
  (a) In Etowah County, each employee of the office of the sheriff designated by the sheriff shall receive a uniform maintenance allowance in the amount...
• Section 45-28-230.01 Sheriff
  (a) Upon the expiration of the present term of office, the Sheriff of Etowah County shall receive a total salary of fifty thousand dollars ($50,000)...
• Section 45-28-230.02 Expense allowance
  In addition to any expense allowance, salary, or other compensation provided to the sheriff, the Etowah County Commission may provide the Sheriff of Etowah County...
• Part 2 Funding.
• Section 45-28-231 Abandoned and stolen personal property
  (a) The Sheriff of Etowah County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s office,...
• Part 3 Pistol Permits.
• Section 45-28-232 Fees; Sheriff's Law Enforcement Fund; disposition of funds
  (a)(1) In Etowah County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person...
• Part 4 Retirement.
• Section 45-28-233 Receipt of badge and pistol upon retirement
  In Etowah County, any individual employed by the Etowah County Sheriff's Department as a certified law enforcement officer at the time of his or her...
• Part 5 Etowah County Personnel Board for Sheriff.
• Section 45-28-234 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  As used in this part, unless the context clearly requires a different meaning, the following terms shall have the following meanings: (1) APPOINTING AUTHORITY. The...
• Section 45-28-234.01 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  (a) This part shall apply to all employees of the office of the sheriff. (b) The following persons shall be exempt to the rules promulgated...
• Section 45-28-234.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  All classified employees covered under this part shall be governed by the rules promulgated by the board. Present employees shall remain in their respective employments.
• Section 45-28-234.03 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  (a) There is created the Personnel Board of the Office of the Sheriff of Etowah County which shall be composed of five members. One member...
• Section 45-28-234.04 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  (a) The personnel director shall be appointed by the county commission. The personnel director shall attend all meetings of the board, serve as the recording...
• Section 45-28-234.05 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The board shall hold such regular meetings as it may by rule prescribe. Special meetings shall be held at such times and places within Etowah...
• Section 45-28-234.06 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The board shall keep minutes of its meeting and a record of all business transacted by it. All board records, except those required by board...
• Section 45-28-234.07 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The board may promulgate such rules governing the employees of the office of the sheriff through a personnel manual which shall contain provisions for equal...
• Section 45-28-234.08 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The board shall perform, but shall not be limited to, all of the following specific duties: (1) Classify the various types of service under its...
• Section 45-28-234.09 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The personnel director shall keep a register of all persons eligible and available for appointment to each class and position in the service of the...
• Section 45-28-234.10 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  Persons seeking employment in any position shall file an application with the personnel director, who shall make those applications available to the appointing authority. The...
• Section 45-28-234.11 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  Whenever a vacancy exists in any position, it shall be filled by appointment of one of the appropriate eligible registrants, or by transfer within the...
• Section 45-28-234.12 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The sheriff, or the appointing authority to whom the sheriff has delegated such disciplinary powers, may remove, discharge, suspend, or demote any employee in the...
• Section 45-28-234.13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The board shall have the power to administer oaths, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and production...
• Section 45-28-234.14 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  The sheriff or the employee aggrieved by a decision of the board in the original hearing shall be entitled to rehearing of the issue before...
• Section 45-28-234.15 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  Whenever, in the judgment of the sheriff, it becomes necessary in the interest of the economy or because the necessity for a position no longer...
• Section 45-28-234.16 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  All reasonable, necessary, and ordinary expenses incurred in the implementation of this part shall be paid by the county out of the county treasury, subject...
• Section 45-28-234.17 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  It is the intent of this part to create a personnel system for the employees of the office of sheriff to be separate from that...
• Section 45-28-234.18 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE JUNE 3, 2015. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT
  This part shall in no way impair or affect the sheriff's exclusive authority over the use and disposition of discretionary funds available for the use...
• Article 24 Taxation.
• Part 1 Board of Equalization.
• Section 45-28-240 Compensation
  (a) The Etowah County Commission, by resolution of the commission, may provide for compensation for the chair and members of the Etowah County Board of...
• Part 2 Revenue Commissioner.
• Division 1 Compensation.
• Section 45-28-241 Tax assessor
  In Etowah County, commencing with the next term of office, the tax assessor shall be entitled to and receive a salary of twenty thousand dollars...
• Section 45-28-240.01 Tax collector
  (a) The Tax Collector of Etowah County shall be paid the sum of twenty thousand dollars ($20,000) per year as compensation for his or her...
• Division 2 Motor Vehicle License and Title Division.
• Section 45-28-241.20 Creation; equipment; personnel; compensation
  There is hereby created within the Tax Assessor's office of Etowah County a license division which shall issue all motor vehicles licenses, and titles, issued...
• Section 45-28-241.21 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 45-28-241.22 Records
  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 45-28-241.23 Fees; refunds
  Except as herein provided, the tax assessor shall be entitled to charge and collect the same fees that are provided for by law. For the...
• Section 45-28-241.24 Payment of taxes required for issuance of license; certificate of assessment
  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 45-28-241.25 Tag number or bill of sale required for assessment; vehicles from outside Alabama
  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 45-28-241.26 Renewal by mail
  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...
• Section 45-28-241.27 Salaries of tax assessor and judge of probate
  As a consequence of the added duties the salary of the tax assessor shall be increased by five thousand dollars ($5,000), which is in addition...
• Section 45-28-241.28 Procedure for sale and redemption of lands
  The procedure for selling and redeeming lands for taxes in such county shall be the same as provided in Title 40, except that all such...
• Division 3 Office Established.
• Section 45-28-241.50 County revenue commissioner
  (a) Commencing with the next term of office or upon the occurrence of a vacancy, for any reason whatsoever, in either the office of tax...
• Part 3 Taxation, Fire Protection.
• Section 45-28-242 Distribution of funds
  The Etowah County Commission shall distribute, no less than quarterly, the net revenues together with any earned interest thereon, generated pursuant to Amendment 445, Amendment...
• Part 4 Taxation, Lodging.
• Section 45-28-243 Privilege or license tax
  (a) In Etowah County, there is hereby levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege...
• Section 45-28-243.01 Privilege or license surcharge
  (a) This section shall be applicable only to Etowah County. (b) There is levied and imposed, in addition to all other surcharges of every kind...
• Section 45-28-243.02 Distribution of proceeds
  In Etowah County, the portion of the tax proceeds collected pursuant to Section 40-26-1, which is distributed to the County Commission pursuant to Section 40-26-20,...
• Part 5 Taxation, Sales and Use.
• Section 45-28-244 Taxes authorized
  (a) The Etowah County Commission is hereby authorized and empowered to levy either a county gasoline tax that would remain in effect indefinitely in all...
• Section 45-28-244.01 Levy and collection of tax; disposition of funds; Etowah County Development Committee
  (a) In Etowah County, there is levied a one cent ($0.01) county sales and use tax in all areas of the county, which may become...
• Section 45-28-244.02 Amount of tax
  (a) In Etowah County, notwithstanding the provisions of Section 45-28-244.01, the amount of the tax authorized to be levied pursuant to Section 45-28-244.01 upon each...
• Part 6 Taxation, Severance.
• Section 45-28-245 Definitions; levy and collection of tax; inspection of books; enforcement; construction of section
  (a) When used in this section, unless the context plainly indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them...
• Article 25 Utilities.
• Section 45-28-250 Reserved
• Article 26 Zoning and Planning.
• Part 1 Wind Energy and Conversion Systems.
• Section 45-28-260 Applicablity
  This part shall only apply in Etowah County.
• Section 45-28-260.01 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 45-28-260.02 Permit required
  (a) It shall be unlawful to construct, erect, install, alter, operate, or locate a wind energy conversion system in Etowah County without first obtaining a...
• Section 45-28-260.03 Adoption of rules, laws, or ordinances
  (a) Each local governing body of Etowah County shall adopt rules, laws, or ordinances governing the construction, installation, and operation of a wind energy conversion...
• Section 45-28-260.04 Financial assurance
  (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 45-28-260.05 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 45-28-260.06 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 45-28-260.07 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 45-28-260.08 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