Code of Alabama - Title 45: Local Laws - Chapter 29 - Fayette County
- Article 1 General and Miscellaneous Provisions.
- Section 45-29-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Fayette County local laws enacted after 1978 and all Fayette County prior...
- Article 2 Alcoholic Beverages.
- Article 3 Boards and Commissions.
- Article 4 Business, Labor, and Occupations.
- Article 5 Constables.
- Article 6 Coroner.
- Section 45-29-60 Compensation
(a) The county coroner of Fayette County shall be entitled to receive an additional expense allowance in the amount of one hundred dollars ($100) per...
- Article 7 County Commission.
- Part 1 Chair.
- Section 45-29-70 Compensation
In Fayette County, the salary of the Chair of the County Commission of Fayette County shall be nineteen thousand six hundred dollars ($19,600) annually, which...
- Part 2 Organization.
- Section 45-29-71 Applicability
This part shall be operative only in Fayette County.
- Section 45-29-71.01 Organization and composition
The organization and composition of the County Commission of Fayette County is altered to comply with this part. The governing body of Fayette County shall...
- Section 45-29-71.02 Composition; compensation
(a) Beginning on the second Monday of the year 2019, the Judge of Probate of Fayette County shall serve as the chair of the county...
- Section 45-29-71.03 Vice-chair
Each district commissioner may serve a one-year term as vice-chair on the basis of a six-year rotation, the term beginning on the anniversary date of...
- Section 45-29-71.04 Election of members; employment of part-time commissioners
The district members of the Fayette County Commission shall be elected from six single-member districts within the county, of which one district shall have a...
- Section 45-29-71.05 Compensation
Commissioners shall continue to receive a salary of twenty-five thousand dollars ($25,000) per annum until the terms in November 1994, at which time the salaries...
- Section 45-29-71.06 Boundaries of districts
For the purposes of this part, and for future elections of members of the county commission, Fayette County is hereby divided into six separate geographical...
- Section 45-29-71.07 Shop and unit road system
The Fayette County Commission shall establish a shop and unit road system for the operation of the county roads and bridges. The county engineer shall,...
- Section 45-29-71.08 Vacancies
A vacancy occurring in the office of commissioner shall be filled in the manner otherwise provided by law concerning the filling of vacancies of county
- Section 45-29-71.09 Clerical assistance
The chair, with approval of the county commission, shall employ a clerk/administrator who shall devote his or her time to the duties of his or...
- Section 45-29-71.10 County supervisor
(a) The county commission may, by designating one of its employees or, in its discretion, employ as new personnel, a county supervisor. The county supervisor...
- Section 45-29-71.11 Duties of commissioners
It shall be the duty of each member of the county commission to inspect the roads and bridges of his or her district from time...
- Part 3 Property.
- Article 8 Courts.
- Part 1 Circuit Court.
- Division 1 Compensation.
- Division 2 Funding.
- Part 2 Court Costs.
- Section 45-29-81 Public defender fund
(a) There is established in the Twenty-fourth Judicial Circuit a public defender fund for the payment of salaries and operating expenses of the indigent defense...
- Section 45-29-81.01 Solicitor's fee
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Fayette County, a docket fee, hereinafter referred...
- Part 3 District Attorney.
- Division 1 Compensation.
- Division 2 Employees.
- Section 45-29-82.20 Investigators
(a) Any person employed as an investigator for the District Attorney of the Twenty-fourth Judicial Circuit, composed of Fayette, Lamar, and Pickens Counties, for a...
- Division 3 Funding.
- Division 4 Pretrial Diversion Program.
- Section 45-29-82.60 Established; discretionary powers; supervision and control
(a) The District Attorney of the Twenty-fourth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common...
- Section 45-29-82.61 Definitions
For purposes of this subpart, the following terms shall have the following meanings: (1) DISTRICT ATTORNEY. The elected District Attorney of the Twenty-fourth Judicial Circuit...
- Section 45-29-82.62 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 Twenty-fourth Judicial...
- Section 45-29-82.63 Standards for admission
(a) Admittance to the pretrial diversion program shall be appropriate in any of the following instances: (1) The offender is 18 years of age or...
- Section 45-29-82.64 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 45-29-82.65 Program requirements
(a) An offender who enters into the pretrial diversion program shall satisfy each of the following requirements: (1) Voluntarily waive, in writing, and contingent upon...
- Section 45-29-82.66 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 45-29-82.67 Costs and fees
(a) An applicant to the pretrial diversion program shall be assessed a nonrefundable application fee on each charge of not more than five hundred dollars...
- Section 45-29-82.68 Substance abuse treatment program; 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 45-29-82.69 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 45-29-82.70 Pretrial diversion program fund
The district attorney shall establish a pretrial diversion program fund. All fees paid by offenders pursuant to this subpart to the district attorney shall be...
- Section 45-29-82.71 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 45-29-82.72 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 45-29-82.73 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 45-29-82.74 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.
- Division 1 Compensation.
- Division 2 Employees.
- Section 45-29-83.20 Clerks
(a) The judge of probate, tax assessor, and tax collector in Fayette County are each hereby authorized to hire a chief clerk. The chief clerks’...
- Division 3 License Division.
- Article 9 Economic and Industrial Development and Tourism.
- Section 45-29-90 Definitions
The following words and phrases used in this article shall have the following respective meanings unless the context clearly indicates otherwise: (1) AUTHORITY. The public...
- Section 45-29-90.01 Tom Bevill Reservoir Management Area
In the interest of unified development and protection, there is hereby created and established the Tom Bevill Reservoir Management Area in Fayette County for the...
- Section 45-29-90.02 Board of directors
(a) The Tom Bevill Reservoir Management Area Authority shall be governed by a board of directors. All powers of the authority shall be exercised by...
- Section 45-29-90.03 Certificate of incorporation
(a) To become a corporation, the persons who are designated to become members of the initial board of directors of the authority, as provided in...
- Section 45-29-90.04 Meetings; officers
As soon as may be practicable after completion of the incorporation as provided in Sections 45-29-90.02 and 45-29-90.03, the board of directors shall hold their...
- Section 45-29-90.05 Powers, duties, and functions of authority
(a) The general powers, duties, and functions of the authority shall be as follows: (1) Shall have perpetual succession in its corporate name. (2) May...
- Section 45-29-90.06 Developmental plans
The authority is authorized to do all of the following: (1) Investigate the resources of the Tom Bevill Reservoir Management Area and determine the requirements...
- Section 45-29-90.07 Acquisition of property
The authority may acquire by purchase, construction, lease, gift, condemnation, or otherwise, property of any kind, real, personal, or mixed, or any interest therein, that...
- Section 45-29-90.08 Contractual powers; additional powers
The authority may: (1) Enter into contracts with the United States, with the several states, and with individuals, private corporations, associations, municipalities, and other public...
- Section 45-29-90.09 Bonds authorized
The authority may: (1) Sell and issue its bonds from time to time in order to provide funds for any corporate function, use, or purpose,...
- Section 45-29-90.10 Levy of taxes; general fund
All revenues arising from this section shall be deposited to the Tom Bevill Reservoir Management Area Authority general fund. This section shall apply only to...
- Section 45-29-90.11 Regulation of zoning, planning, and construction
For the purpose of promoting the health, safety, morals, convenience, environment order, prosperity, and general welfare, all power and authority regarding zoning and planning within...
- Section 45-29-90.12 Rates, fees, and charges for services
(a) Rates, fees, and charges for services rendered by the authority from any of its facilities shall be fixed and from time to time revised...
- Section 45-29-90.13 Execution of bonds; pledge of revenues, receipts, and other security
All bonds issued by the authority shall be signed by the chair of its board of directors and attested by its secretary-treasurer, and the seal...
- Section 45-29-90.14 Contracts to secure bonds and assumed obligations
As security for payment of the principal of and interest on bonds issued or obligations assumed by it, the authority may enter into a contract...
- Section 45-29-90.15 Statutory mortgage lien
Any resolution of the board of directors, or trust indenture, under which bonds may be issued pursuant to this article may contain provisions creating a...
- Section 45-29-90.16 Disposition of funds
All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
- Section 45-29-90.17 Exemption from taxation
The authority, its income, the property of the authority while owned by it, all bonds issued by the authority, the income from such bonds, conveyances...
- Section 45-29-90.18 Monetary contributions by county and municipalities
Fayette County and the municipalities therein are hereby authorized and empowered to contribute to the authority any amount or amounts of money, either with or...
- Section 45-29-90.19 Freedom of authority from state supervision and control
This article is intended to aid the State of Alabama in the execution of its duties by providing an appropriate and independent political subdivision of...
- Section 45-29-90.20 Use of public roads
The authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or...
- Section 45-29-90.21 Annual report
The board of directors of the authority shall annually make available a report to the governing body of Fayette County and the incorporated municipalities therein....
- Section 45-29-90.22 Cooperation of state agencies
All agencies of the state are hereby authorized and directed to extend their cooperation and lend assistance to the authority in the formulation and implementation...
- Section 45-29-90.23 Advisory board
For the purpose of coordinating its activities with the needs and undertakings of other local organizations and groups, the board of directors may establish an...
- Section 45-29-90.24 Construction of article
This article shall be considered supplemental and additional to any and all other laws and confers sufficient power in and of itself for the purposes...
- Article 10 Education.
- Part 1 Board of Education.
- Section 45-29-100 Expense allowance
All members of the Fayette County Board of Education, excluding the superintendent of education, shall receive one hundred dollars ($100) per month expense allowance and...
- Part 2 Superintendent of Education.
- Article 11 Elections.
- Section 45-29-110 Compensation
(a) The County Commission of Fayette County shall provide such additional amount of daily compensation as is necessary to grant each election clerk, inspector, and...
- Article 12 Employees.
- Section 45-29-120 Applicability
This article shall apply only in Fayette County, Alabama.
- Section 45-29-120.01 Definitions
As used in this article, unless the context clearly requires a different meaning: (1) APPOINTMENT AUTHORITY. In the case of employees in the offices of...
- Section 45-29-120.02 Exceptions
This article shall apply to all law enforcement officials and employees in the service of the county or any board, agency, or instrumentality thereof except:...
- Section 45-29-120.03 Merit system
All employees to whom this article applies shall be governed by merit system rules and regulations governing dismissals, suspensions, layoffs, and terminations prescribed in this...
- Section 45-29-120.04 Merit System Board - Creation; composition
(a) There is hereby created the Merit System Board of Fayette County, Alabama, which shall become effective on May 10, 1993, and shall be composed...
- Section 45-29-120.05 Merit System Board - Compensation
Each member of the board shall be paid ten dollars ($10) per month.
- Section 45-29-120.06 Merit System Board - Meetings
The board shall fix the times for its regular meetings and it may hold special, adjourned, or called meetings at any time. A majority of...
- Section 45-29-120.07 Merit System Board - Recordkeeping
The board shall keep minutes of its meetings and a record of all business transacted by it. Its records, except those which the rules of...
- Section 45-29-120.08 Merit System Board - Assistants and materials
The Deputy Sheriff’s Association of Fayette County shall provide the board with materials and secretarial help when needed during meetings and shall assign an area...
- Section 45-29-120.09 Merit System Board - Expenses
The compensation to each board member and all other expenses of the board arising under this article shall be paid from funds of the county...
- Section 45-29-120.10 Probationary employment
All appointments of employees to which this article applies, other than temporary appointments, shall be probationary for one year from the date of appointment. A...
- Section 45-29-120.11 Chief deputy sheriff
Whenever a new sheriff is elected or appointed, he or she may appoint any person as his or her chief deputy sheriff, provided such person...
- Section 45-29-120.12 Suspension of merit employee
The appointing authority shall have authority to suspend, without pay, a merit employee for any personal misconduct, or fact, affecting or concerning his or her...
- Section 45-29-120.13 Removal, discharge, or demotion of merit employee; hearing; appeals
(a)(1) The governing body of the county, or the head of any department or office, may remove, discharge, or demote any merit employee who is...
- Section 45-29-120.14 Political activity
No employee shall make, solicit, or receive any assessment, donation, subscription, or contribution for any political purpose whatsoever, or be a member of a committee...
- Section 45-29-120.15 Violations
Any merit employee who willfully violates this article, or any rule or regulation issued in pursuance hereof, shall be dismissed from service under the system...
- Section 45-29-120.16 Coverage
All employees to which this article applies shall be covered by the merit system by one year from May 10, 1993.
- Article 13 Engineer, County.
- Section 45-29-130 County engineer
The county commission shall employ a county engineer, who shall be a thoroughly qualified and competent civil engineer, possessing all of the qualities as specified...
- Article 14 Fire Protection and Emergency Medical Services.
- Section 45-29-140 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 45-29-140.01 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 45-29-140.02 Incorporation of authority
(a) Within 45 days after July 13, 1990, three applicants shall be appointed to proceed to incorporate the Fayette County Water Coordinating and Fire Prevention...
- Section 45-29-140.03 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 45-29-140.04 Board of directors
(a) The Fayette County Water Coordinating and Fire Prevention Authority shall be governed by a board of directors. All powers of the authority shall be...
- Section 45-29-140.05 Powers of authority; rates and charges
(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 45-29-140.06 Financial powers and rights
(a) The authority organized or operating pursuant to this article, in addition to all other powers now or hereafter granted by law, shall have the...
- Section 45-29-140.07 Power to contract
(a) As security for payment of the principal of and interest on bonds or obligations assumed by it, the authority may enter into a contract...
- Section 45-29-140.08 Rates, fees, and charges
Rates, fees, and charges for water service and fire protection service rendered by the authority from any of its water systems or fire protection facilities...
- Section 45-29-140.09 Assistance from state bodies
For the purpose of securing water service and fire protection facilities or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension,...
- Section 45-29-140.10 Use of public roads
The authority is hereby authorized to use the rights-of-way of all public roads in the state without securing the prior approval of the state or...
- Section 45-29-140.11 Governmental functions; liability of authority
(a) The furnishing of fire protection facilities in conjunction with the water services by the authority as well as the furnishing of water services are...
- Section 45-29-140.12 Exemption from taxation
(a) The authority, the property and income of the authority, the income from bonds, conveyances by or to the authority, and leases, mortgages, and deeds...
- Section 45-29-140.13 Exemption from usury statutes
The authority now or hereafter organized under this article is hereby exempted from the laws of the State of Alabama governing usury and prescribing or...
- Section 45-29-140.14 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 45-29-140.15 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 45-29-140.16 Notice requirements, etc.; regulatory control and supervision
(a) Except as expressly otherwise provided in this article, no proceeding, notice, or approval shall be required for the incorporation of the authority or the...
- Section 45-29-140.17 Auditing
The Fayette County Water Coordinating and Fire Prevention Authority shall be audited similar to and in accordance with any audit required to be performed upon...
- Article 15 Gambling.
- Article 16 Government Operations.
- Article 17 Health and Environment.
- Section 45-29-170 Board of Health fees
(a) The Fayette County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
- Article 18 Highways and Bridges.
- Article 19 Legislature.
- Section 45-29-190 Legislative delegation
(a) The county governing bodies of Fayette and Lamar Counties shall both pay one hundred twenty-five dollars ($125) per month expense allowance, from their respective...
- Article 20 Licenses and Licensing.
- Article 21 Motor Vehicles and Transportation.
- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Article 23 Sheriff.
- Part 1 Compensation.
- Section 45-29-230 Expense allowance
(a) The Sheriff of Fayette County shall receive an additional expense allowance of ten thousand dollars ($10,000) per year, payable in equal monthly installments from...
- Part 2 Jails.
- Division 1 Jail Store.
- Division 2 Work Release.
- Part 3 Pistol Permits.
- Article 24 Taxation.
- Part 1 Revenue Commissioner.
- Division 1 Creation of office.
- Division 2 Employees.
- Section 45-29-240.20 Clerks
(a) The Probate Judge, Tax Assessor, and Tax Collector in Fayette County are each hereby authorized to hire a chief clerk. The chief clerks’ salaries...
- Part 2 Tax, Oil and Gas.
- Section 45-29-241 Disposition of funds
(a) Of the proceeds of the oil and gas severance tax provided by Sections 40-20-1 through 40-20-13, which are distributed to the County General Fund...
- Part 3 Tax, Sales and Use.
- Division 1 1989 Tax.
- Section 45-29-242 Levy of tax
(a) There is hereby levied and imposed in the county, in addition to all other taxes of every kind now imposed by law, a privilege...
- Division 2 2000 Tax.
- Part 4 Tax, Tobacco
- Section 45-29-243 Levy and collection of tax
(a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in...
- Section 45-29-243.01 Tax to be added to sales price of tobacco products
Upon passage of this part there is levied on every person, firm, corporation, club, or association that sells or stores or receives for the purpose...
- Section 45-29-243.02 Enforcement
It shall be the duty of the county commission of Fayette County to enforce this part upon its imposing the tax thereunder, and it shall...
- Section 45-29-243.03 Enforcement
The State Department of Revenue, if requested by resolution of the Fayette County Commission, to collect all county privilege licenses or taxes specified in Section...
- Section 45-29-243.04 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 45-29-243.05 Disposition of funds
(a) The proceeds from the tax hereby levied, less the actual costs of collection not to exceed 10 per centum, shall be paid by the...
- Section 45-29-243.06 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...
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021