Code of Alabama - Title 45: Local Laws - Chapter 31 - Geneva County
- Article 1 General and Miscellaneous Provisions.
- Section 45-31-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Geneva County local laws enacted after 1978 and all Geneva County prior...
- Article 2 Alcoholic Beverages.
- Article 3 Boards and Commissions.
- Article 4 Business, Labor, and Occupations.
- Article 5 Constables.
- Article 6 Coroner.
- Section 45-31-60 Compensation
(a) This section shall apply only in Geneva County. (b)(1) Commencing on June 1, 2009, the Coroner of Geneva County shall receive an annual salary...
- Article 7 County Commission.
- Part 1 Compensation.
- Section 45-31-70 Expense allowance
(a) The chair and the members of the Geneva County Commission shall each be entitled to an expense allowance in the amount of one hundred...
- Part 2 Districts.
- Section 45-31-71 Commission districts
The present members of the Geneva County Commission shall divide the county into commission districts for purposes of electing future members to the county commission....
- Section 45-31-71.01 Election of members
For purposes of electing members of the Geneva County Commission in 1988 and 1990, the county is hereby divided into four county commission districts as...
- Article 8 Courts.
- Part 1 Court Costs.
- Division 1 Juvenile Court Services Fund and Judicial Administration.
- Division 2 County Jail Account.
- Division 3 Solicitor's Fee.
- Section 45-31-80.40 Imposition, collection, and use of fee
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in Geneva County, a docket fee, hereinafter referred...
- Part 2 District Attorney.
- Section 45-31-81 Reserved
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- Part 3 Judicial Compensation.
- Section 45-31-82 Salary supplement
(a) The county governing body of Geneva County is hereby authorized to supplement the salary of the district judge, from the county general fund, in...
- Part 4 Probate Court.
- Part 5 Pretrial Diversion Program.
- Section 45-31-84 Applicability
This part shall apply only in Geneva County.
- Section 45-31-84.01 Definitions
For the purposes of this part, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the municipality...
- Section 45-31-84.02 Establishment of pretrial diversion program; discretionary powers; supervision and control
(a) A municipality may establish a pretrial diversion program. (b) All discretionary powers endowed by a common law and provided by statutes and acts of...
- Section 45-31-84.03 Application for admittance
An offender may apply to the municipality for admittance into the pretrial diversion program.
- Section 45-31-84.04 Ineligibility for program
Admittance into the pretrial diversion program is in the sole discretion of the city attorney. An offender deemed by the city attorney to be a...
- Section 45-31-84.05 Standards for admission
(a) The city attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability...
- Section 45-31-84.06 Admission into program
(a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation...
- Section 45-31-84.07 Written agreement; other terms and conditions
(a) Following the decision of the city attorney to admit the offender into the pretrial diversion program, but prior to entry, the city attorney and...
- Section 45-31-84.08 Fees
(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment...
- Section 45-31-84.09 Collection and disposition of funds
Application fees required by this part shall be collected by the court clerk of the municipal court. The fees shall be disbursed to each entity...
- Section 45-31-84.10 Program requirements; jurisdiction; termination from program; liability for costs and fees
(a) Upon acceptance of an offender into the pretrial diversion program by the city attorney, the city attorney and the offender shall submit the written...
- Section 45-31-84.11 Violations; waiver
(a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city attorney may...
- Section 45-31-84.12 Liability of city attorney, agency, or service provider
In no event shall the city attorney or any other agency or service provider have any liability, criminal or civil, for the conduct of any...
- Article 9 Economic and Industrial Development and Tourism.
- Section 45-31-90 Reserved
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- Article 10 Education.
- Part 1 Board of Education.
- Division 1 Compensation.
- Section 45-31-100 Expense allowance
The Geneva County Board of Education is hereby authorized and empowered, by resolution passed at an open public session, to increase their monthly expense allowance...
- Division 2 Membership.
- Part 2 Superintendent of Education.
- Article 11 Elections.
- Section 45-31-110 Applicability
The provisions of this article shall apply in Geneva County.
- Section 45-31-110.01 Definitions
Unless a contrary intent appears from the context, as used herein, the phrase county governing body means the court of county commissioners, board of revenue,...
- Section 45-31-110.02 Designation of voting centers
(a) Subject to subsection (b), when the use of voting machines at elections in the county has been, or shall hereafter be authorized, the county...
- Section 45-31-110.03 Voting lists
(a) The voting list of any territory which is furnished the election officers serving at the voting center designated for such territory shall contain the...
- Section 45-31-110.04 Voting machines; election officers
The county governing body shall determine the number of voting machines deemed necessary to serve adequately the voters at an election, taking into consideration the...
- Section 45-31-110.05 Inspector, chief clerk, and assistant clerks; duties
(a) For each voting center where only one voting machine is to be used, the election officials shall consist of an inspector, a chief clerk,...
- Section 45-31-110.06 Construction of article
The provisions of this article shall be supplemental to other laws regulating the designating of voting places and the division of voting precincts into voting...
- Article 12 Employees.
- Part 1 Civil Service System.
- Section 45-31-120 Definitions
The following words, terms, and phrases, wherever used herein, shall have the meanings respectively ascribed to them in this section, and shall include the singular...
- Section 45-31-120.01 Division into exempt and classified services
All offices and positions of Geneva County shall be divided into the exempt service and the classified service. (1)a. The exempt service shall include: 1....
- Section 45-31-120.02 Status of employees
All employees who have acquired permanent status shall, subject to this part, have permanent status in their present positions so long as such positions remain...
- Section 45-31-120.03 Board members
(a) The personnel program established by this part shall be administered by the board. The board shall be composed of five members who shall be...
- Section 45-31-120.04 Meetings; personnel, compensation
(a) The personnel board shall meet at least once each month at a time fixed by the board, or on the call of the chair,...
- Section 45-31-120.05 Rules, classification plans, and pay plans
So long as the same are not inconsistent with this part, the board shall adopt rules and regulations for the operation of the civil service...
- Section 45-31-120.06 Amendments and repeal
Any rule, determination, regulation, or plan may be amended or repealed in whole or in part in the same manner as is provided herein for...
- Section 45-31-120.07 Job classification plan
After the adoption by the personnel board of a job classification plan, allocation of each position in the classified service shall be made by the...
- Section 45-31-120.08 Pay plan
After the adoption by the personnel board of a pay plan and any rules of its administration, the board shall assign each position to one...
- Section 45-31-120.09 Examination
Eligibility for original appointment or promotion to vacancies in positions in the classified service occurring after October 1, 1985, shall be determined by the personnel...
- Section 45-31-120.10 Temporary appointment
Pending the availability of a list of names certified as provided in Section 45-31-120.12, positions may be filled by temporary appointment. The personnel board may...
- Section 45-31-120.11 Lists of names of persons available for appointment
Lists of names of persons available for appointment to a vacancy in a position in the classified service shall be selected for certification as provided...
- Section 45-31-120.12 Method of filling vacancies
(a) Except as hereinafter provided, vacancies in positions in the classified service shall be filled by the appointing authority by the appointment of a person...
- Section 45-31-120.13 Probation
Except as provided in Sections 45-31-120.01 and 45-31-120.02, to acquire permanent status in a position in the classified service so long as such position remains...
- Section 45-31-120.14 Absences; hours of work
Rules shall be adopted in the manner hereinbefore provided prescribing hours of work and the conditions and length of time for which leaves of absence...
- Section 45-31-120.15 Reduction in employees
Any employee may be separated from his or her position by being laid off. Reduction in employees shall be in the following order: (1) Temporary...
- Section 45-31-120.16 Dismissal, demotion, and suspension of employees
Any employee may be dismissed, suspended without pay, or demoted by his or her appointing authority for, but not limited to, any violation of this...
- Section 45-31-120.17 Procedure for protesting certain disciplinary action
(a) An employee shall have the right to protest any disciplinary action taken against him or her by his or her appointing authority; provided, however,...
- Section 45-31-120.18 Appeal to the court
Decisions of the board may be enforced by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the Geneva County Commission, within...
- Section 45-31-120.19 Recordkeeping
The board shall maintain adequate records of its proceedings, of its own official acts, the examination record of every candidate, and the employment record of...
- Section 45-31-120.20 Political activities prohibited
No person holding a position in the classified service shall seek or attempt to use any political endorsement in connection with any appointment to a...
- Section 45-31-120.21 Expenses of board
The governing body shall make necessary appropriations from the general fund to pay the reasonable and necessary expenses incurred by the board and its members...
- Section 45-31-120.22 Right of governing body
Nothing herein shall be construed as restricting the right of the governing body to refuse employment and prohibit the further service of any person who...
- Part 2 Personnel, Additional.
- Part 3 Transfer of Employees to New Personnel System.
- Article 13 Engineer, County.
- Section 45-31-130 Policies and priorities set by county commission; duties of commissioners; emergency response
In addition to all other authority now vested in the Geneva County Commission, the commission shall be authorized to set the necessary policies and priorities...
- Section 45-31-130.01 Employment of county engineer; qualifications; requirements
The county commission shall appoint and employ a county engineer, who shall be a thoroughly qualified and competent professional engineer not required to be a...
- Section 45-31-130.02 Duties
It shall be the duty of the county engineer, in accordance with policy established by the commission, within the law of the State of Alabama...
- Section 45-31-130.03 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 45-31-130.04 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 45-31-130.05 Bond
Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of five thousand dollars...
- Section 45-31-130.06 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 with necessary transportation...
- Section 45-31-130.07 Accountability for equipment; inventory
The county engineer shall be the custodian of all road machinery and equipment, tools, supplies, and repair parts owned by the county, and he or...
- Section 45-31-130.08 Expenditure of funds; appropriation by commission
The authority of the county engineer shall be limited to the expenditure of such funds for the purpose of construction, maintenance, or repairs of public...
- Section 45-31-130.09 Inspection and approval of materials
The county engineer shall make written requisition to the county purchasing agent for all materials, machinery, equipment, and necessary supplies needed for the construction, maintenance,...
- Section 45-31-130.10 Inspection and approval of materials, supplies, etc., prior to payment
It shall be the further duty of the county engineer to inspect all materials, machinery, equipment, and supplies purchased by the county for use on...
- Section 45-31-130.11 Employment of road supervisor in emergency
In the event an emergency should arise, in which it would be impossible for the commission to employ an engineer, as hereinabove provided for, then,...
- Section 45-31-130.12 Implementation of article
(a) The Geneva County Commission shall fully implement this article within 30 days of the election which approves placing Geneva County on a unit system...
- Article 14 Fire Protection and Emergency Medical Services.
- Part 1 Emergency Telephone Service Districts.
- Part 2 Fire Protection Districts.
- Section 45-31-141 Applicability
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- Section 45-31-141.01 Definitions
The following words and terms shall have the following meanings: (1) BOARD. The board of directors of a district established pursuant to this article. (2)...
- Section 45-31-141.02 Establishment of fire protection districts
Any area situated entirely within the county may be established as a district for fighting fires pursuant to this article. No land lying within the...
- Section 45-31-141.03 Petition for election
(a) Upon any petition being filed in the office of the judge of probate, he or she shall order an election to be held in...
- Section 45-31-141.04 Time of election
(a) When a petition for the holding of any election is filed with the judge of probate not less than 30 days and not more...
- Section 45-31-141.05 Application of election laws
The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing...
- Section 45-31-141.06 Notice of election
The judge of probate shall give notice of any election held under Section 45-31-141.03 or Section 45-31-141.12 by publishing for three weeks at least once...
- Section 45-31-141.07 Payment of election costs
Where an election is held on the question of the establishment of a district, the governing body of the county shall pay for the necessary...
- Section 45-31-141.08 Approval by voters
No district shall be created unless the creation thereof is approved by the majority of votes cast at the election at which the proposed creation...
- Section 45-31-141.09 Board of directors
(a) The affairs and business of each district shall be managed by a board of directors composed of seven members. The initial members shall consist...
- Section 45-31-141.10 Powers of district; bylaws
(a) The district shall constitute a public corporation, which shall have the power to do any and all acts or things necessary and convenient for...
- Section 45-31-141.11 Fire protection fee levied on dwellings and commercial buildings
(a) The expenses of establishing and maintaining a district shall be paid for by the proceeds of a fire protection fee which shall be levied...
- Section 45-31-141.12 Approval of service charge or fee
(a) No service charge or fee shall be levied unless the same has first been approved by the majority of the votes cast at an...
- Section 45-31-141.13 Abolition of district
(a) Any district created hereunder may be abolished in the manner provided for by this section; provided, however, that no district shall be abolished when...
- Article 15 Gambling.
- Article 16 Government Operations.
- Article 17 Health and Environment.
- Article 18 Highways and Bridges.
- Section 45-31-180 Damage bond
(a) A one thousand dollar ($1,000) damage bond with sufficient sureties as approved by the judge of probate shall be posted with the Geneva County...
- Article 19 Legislature.
- 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 45-31-230 Salary
Commencing with the next term of office beginning January 1999, the Sheriff of Geneva County shall receive an annual salary of forty-five thousand dollars ($45,000),...
- Section 45-31-230.01 Salary and expense allowance
(a) In Geneva County, the total compensation, including salary and expense allowance, paid to the sheriff prior to May 24, 2013, is hereby ratified and...
- Part 2 Jails.
- Division 1 Jail Store.
- Section 45-31-231 Jail store
(a) The Sheriff of Geneva County or the authorized agents of the sheriff may operate a jail store for prisoners within the confines of the...
- Division 2 Rehabilitation of Inmates; Work Release.
- Section 45-31-231.20 Definitions
For the purposes of this subpart, the following words shall have the following meanings: (1) BOARD. The Geneva County Rehabilitation Board, which shall be composed...
- Section 45-31-231.21 Operation of board
(a) The board shall adopt written procedures of operation and administration and shall elect one of its members as chair on an annual basis. Meetings...
- Section 45-31-231.22 Paid employment of inmates; regulations and policies
(a) Inmates may participate in paid employment at the discretion of the board, but shall obtain approval of the court in writing or by court...
- Section 45-31-231.23 Inmate wages
- Section 45-31-231.24 Escape from custody
The willful failure of an inmate to remain within the extended limits of his or her confinement or to return within the time prescribed by...
- Section 45-31-231.25 Investigations and recommendations regarding participation
The board, its employees, or an agency designated by the board may make investigations and recommendations pertaining to the validity of requests by inmates to...
- Section 45-31-231.26 Employment criteria
A primary consideration for inmates to participate in the program is that they already have a source of employment. However, the board may endeavor to...
- Section 45-31-231.27 Employment status of inmate
No inmate granted privileges pursuant to this subpart shall be deemed to be an agent, employee, or involuntary servant of the board, state, county, or...
- Section 45-31-231.28 Annual report
The sheriff shall prepare an annual report to be filed not later than 60 days from the close of each fiscal year. A copy of...
- Part 3 Pistol Permits.
- Part 4 Employees.
- Part 5 Funding.
- Article 24 Taxation.
- Part 1 Revenue Commissioner.
- Division 1 Creation of Office.
- Division 2 Duties.
- Section 45-31-240.20 Transfer of duties
(a) This section shall apply only in Geneva County. (b) All duties, responsibilities, and liabilities regarding motor vehicle assessment and ad valorem tax collection heretofore...
- Division 3 Employees.
- Part 2 Tax, Sales and Use.
- Part 3 Tax. Tobacco.
- Section 45-31-242 Levy of tax
(a) The Geneva County Commission is hereby authorized to impose upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco...
- Section 45-31-242.01 Tax to be added to sales price of tobacco products
Upon adoption of a resolution by the Geneva County Commission, every person, firm, corporation, club, or association that sells or stores or receives for the...
- Section 45-31-242.02 Violations
It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Geneva County in the business for which the tax is...
- Section 45-31-242.03 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 45-31-242.04 Rules and regulations
The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this part. All such rules...
- Section 45-31-242.05 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 45-31-242.06 Disposition of funds
The proceeds from the tax hereby authorized, less the actual cost of collection not to exceed five percent shall be paid by the State Department...
- Section 45-31-242.07 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