Code of Alabama - Title 45: Local Laws - Chapter 35 - Houston County
- Article 1 General and Miscellaneous Provisions.
- Section 45-35-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Houston County local laws enacted after 1978 and all Houston County prior...
- Article 2 Alcoholic Beverages.
- Part 1 Licensing.
- Section 45-35-20 Legislative findings
The Legislature finds all of the following: (1) The authority of the Legislature to enact local laws regulating the liquor traffic is preserved in Section...
- Section 45-35-20.01 Construction; purpose
This part shall be deemed an exercise of the police power of the State of Alabama for the protection of the public welfare, health, peace,...
- Section 45-35-20.02 Adoption of related provisions
(a) The definitions contained within the Alabama Anti-Obscenity Enforcement Act, commencing with Section 13A-12-200.1, are adopted by reference in this part. (b) The definitions relating...
- Section 45-35-20.03 Definitions
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- Section 45-35-20.04 Prohibited activities
(a) It shall be unlawful and no person shall expose to public view his or her genitals, pubic area, vulva, anus, anal cleft, or cleavage...
- Section 45-35-20.05 Exceptions
This part shall not be deemed to be violated in any of the following circumstances: (1) When a person appears nude in a public place...
- Section 45-35-20.06 Civil action for violations
(a) In addition to any other remedy or penalty at law, when there is reason to believe that any person is violating or is about...
- Section 45-35-20.07 Limitations on existing adult businesses
The operation of legally operating adult businesses that currently serve alcohol and are existing and lawfully operating on August 21, 2009, may continue, subject to...
- Part 2 Sale.
- Article 3 Boards and Commissions.
- Article 4 Business, Labor, and Occupations.
- Section 45-35-40 Branch banking
After July 22, 1987, any established bank which is authorized by its charter or by law to do a general banking business in Houston County,...
- Article 5 Constables.
- Article 6 Coroner.
- Part 1 Compensation.
- Part 2 Operation of Office.
- Article 7 County Commission.
- Part 1 Compensation.
- Part 2 Membership.
- Section 45-35-71 Composition; terms
This part relates to the election and tenure of the Houston County Commission. There shall be a county commission in Houston County which commission shall...
- Section 45-35-71.01 Ballots
In all primary and general elections held to choose members of the commission, the ballots shall separately designate and specify the candidates for the offices...
- Section 45-35-71.02 Qualifications
Candidates for nomination or election to the commission shall designate which of the five offices on the commission they are seeking. All candidates shall be...
- Section 45-35-71.03 Vacancies
(a) In Houston County, vacancies on the Houston County Commission occurring due to death, disability, resignation, or nonresidency shall be filled by special elections called...
- Section 45-35-71.04 Districts
The county commission districts are hereby established and described as follows: (1) District one: Bound on the West by line beginning in the City of...
- Article 8 Courts.
- Part 1 Circuit Court.
- Part 2 Court Costs.
- Section 45-35-81 Additional court costs - Criminal or misdemeanor cases
Any law, whether special, local, or general to the contrary notwithstanding, in Houston County in addition to all other costs and charges in any criminal...
- Section 45-35-81.01 Additional court costs - Criminal and civil cases
(a) This section shall apply only in Houston County. (b) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal...
- Part 3 District Attorney.
- Part 4 Probate Court.
- Division 1 Compensation.
- Division 2 Fees.
- Division 3 Licensing.
- Division 4 Motor Vehicle, Vessel, and Non-motorized Vehicle Assessment.
- Division 5 Operation of Office.
- Article 9 Economic and Industrial Development and Tourism.
- Article 10 Education.
- Article 11 Elections.
- Part 1 Board of Registrars.
- Section 45-35-110 Compensation
In addition to any compensation authorized by general law, each member of the Houston County Board of Registrars shall receive twenty-five dollars ($25) per day...
- Section 45-35-110.01 Health insurance coverage
(a) The members of the Board of Registrars of Houston County and their dependents shall be eligible for coverage under the Houston County Health Insurance...
- Part 2 Poll Workers.
- Section 45-35-111 Compensation
In Houston County, election officials who work at polling places are hereby entitled to an additional per diem allowance in such an amount as will,...
- Section 45-35-111.01 Additional compensation
(a) This section shall only apply in Houston County. (b) The chief poll inspectors shall receive additional compensation in the amount of twenty-five dollars ($25)...
- Article 12 Employees.
- Part 1 Civil Service System.
- Section 45-35-120 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 45-35-120.01 Division into exempt and classified services
All offices and positions of Houston County shall be divided into the exempt service and the classified service. (1) The EXEMPT SERVICE shall include: a....
- Section 45-35-120.02 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 45-35-120.03 Board members
(a) The personnel program established by this part shall be administered by the board. The members of the five-member personnel appeals board, created pursuant to...
- Section 45-35-120.04 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 45-35-120.05 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 45-35-120.06 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 45-35-120.07 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 45-35-120.08 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 45-35-120.09 Examination
Eligibility for original appointment or promotion to vacancies in positions in the classified service occurring after May 30, 1984, shall be determined by the personnel...
- Section 45-35-120.10 Temporary appointment
Pending the availability of a list of names certified as provided in Section 45–35–120.12, positions may be filled by temporary appointment. The personnel board may...
- Section 45-35-120.11 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 45-35-120.12 Method of filling vacancies
Except as hereinafter provided, vacancies in positions in the classified service shall be filled by the appointing authority by the appointment of a person whose...
- Section 45-35-120.13 Probation
Except as provided in Sections 45-35-120.01 and 45-35-120.02, to acquire permanent status in a position in the classified service so long as such position remains...
- Section 45-35-120.14 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 45-35-120.15 Lay-off of 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 45-35-120.16 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 45-35-120.17 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 45-35-120.18 Appeal
Decisions of the board may be enforced by mandamus, injunction, or other appropriate proceedings. The employee, the appointing authority, or the Houston County Commission may,...
- Section 45-35-120.19 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 45-35-120.20 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 45-35-120.21 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 45-35-120.22 Construction of part
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 Incentive Program.
- Section 45-35-121 Employee incentive program
(a) There is established an employee incentive program for the classified employees of Houston County, excluding those employees considered to be department heads. The intent...
- Article 13 Engineer, County.
- Article 14 Fire Protection and Emergency Medical Services.
- Section 45-35-140 Applicability
This article shall apply only to those portions of Houston County located outside the corporate boundaries of the City of Dothan.
- Section 45-35-140.01 Legislative findings
The Legislature declares that volunteer fire departments and associations which receive funds pursuant to this article are organizations which are public in nature, as they...
- Section 45-35-140.02 Fire protection service fee - Levy; definitions; exemption
(a) There is levied on the owner of each dwelling and commercial building located in those portions of Houston County located outside the corporate boundaries...
- Section 45-35-140.03 Fire protection service fee - Collection, administration, and enforcement
Except with regard to the enforcement provisions thereof, the fire protection service fee shall be collected and administered as closely as possible at the same...
- Section 45-35-140.04 Eligible volunteer fire department
An eligible volunteer fire department, for the purposes of this article, shall mean a volunteer fire department located in Houston County which is certified under...
- Section 45-35-140.05 Disposition of funds
Funds paid to eligible volunteer fire departments and the association shall only be expended for fire protection, including training, supplies, and equipment. The funds may...
- Section 45-35-140.06 Transfer of funds upon dissolution or abandonment of volunteer fire department
Upon dissolution or abandonment of any eligible volunteer fire department or the Houston County Volunteer Firefighters Association, any remaining funds derived from this article or...
- Section 45-35-140.07 Liability of personnel
The personnel of volunteer fire departments and the Houston County Volunteer Firefighters Association provided for in this article shall not be considered as employees, servants,...
- Section 45-35-140.08 Purpose
The primary purpose and use of funds generated by this article is to enable all volunteer fire departments in Houston County to lower their ISO...
- Section 45-35-140.09 Regulatory control and supervision; forfeiture of funds
With regard to the collection and administration of the fees levied by this article including, but not limited to, the application for and granting of...
- Article 15 Gambling.
- Section 45-35-150 Definitions
As used in this article the following words shall have the following meanings: (1) BINGO. The game, commonly known as bingo, where numbers or symbols...
- Section 45-35-150.01 Bingo games - Authorized
The operation of bingo games for prizes or money by qualified organizations or qualified clubs for bona fide charitable, educational, or other lawful purposes shall...
- Section 45-35-150.02 Bingo games - Permits
(a) No qualified organization or club shall be permitted to operate a bingo game unless the sheriff of the county first issues a permit to...
- Section 45-35-150.03 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 45-35-150.04 Bingo games - Legislative intent; prize limits; deductions for expenses; consulting fee
(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits pursuant to this article or...
- Section 45-35-150.05 Bingo games - Fees; disposition of funds
All fees collected by the sheriff under this article shall be paid into the county general fund, and all necessary expenses incurred by that official...
- Section 45-35-150.06 Bingo games - Charitable or educational purposes of proceeds
No less than 100 percent of the net proceeds of a bingo game shall be designated and expended for charitable or educational purposes. Net proceeds...
- Section 45-35-150.07 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 45-35-150.08 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 45-35-150.09 Bingo games - Filing of records; inspection; examination or audit
(a) On or before April 15, after this article has been in effect for one year, and on or before April 15 of each calendar...
- Section 45-35-150.10 Revocation of bingo permit - Procedures
The sheriff, for good cause shown, may revoke any permit if the permit holder or any officer, director, agent, member, or employee of the permit...
- Section 45-35-150.11 Revocation of bingo permit - Eligibility; effect of convictions
(a) A permit holder whose permit is revoked for a violation of this article or a rule promulgated under this article, is ineligible to apply...
- Section 45-35-150.12 Revocation of bingo permit - Jurisdiction to restrain or enjoin
The circuit court of the county shall have jurisdiction to restrain or enjoin violations of this article and shall afford trial by jury for all...
- Section 45-35-150.13 Violations
Any person who violates this article shall be guilty of a Class C misdemeanor upon first conviction under this article. Any subsequent conviction shall be...
- Section 45-35-150.14 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 declared contraband and may...
- Section 45-35-150.15 Applicability of other laws
Any other law providing a penalty or disability on a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo,...
- Article 16 Government Finance and Operations.
- Article 17 Health and Environment.
- Article 18 Highways and Bridges.
- Article 19 Legislature.
- Article 20 Licenses and Licensing.
- Section 45-35-200 License Commissioner
(a) There is created the office of License Commissioner in Houston County, Alabama. He or she shall take office immediately upon this section becoming law,...
- Article 21 Motor Vehicles and Transportation.
- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Article 23 Sheriff.
- Part 1 Compensation.
- Part 2 Funding.
- Part 3 Jails.
- Division 1 Jail concession.
- Division 2 Work Release.
- Section 45-35-232.20 Work release for gainful employment conducive to rehabilitation
A person who has been sentenced or committed to the county jail in Houston County, from a city court, district court, circuit court, or other...
- Section 45-35-232.21 Reporting to jail
A person who has been sentenced to the Houston County Jail and who has been ordered released under Section 45-35-232.20, may at the time of...
- Section 45-35-232.22 Failure to report to jail
Any person released under Section 45–35–232.20 or ordered confined under Section 45-35-232.21, who willfully fails to report for confinement as ordered shall be deemed to...
- Section 45-35-232.23 Purpose; Houston County Work Release and Pretrial Release Fund
(a) The purpose of this subpart is to promote the rehabilitation of offenders and, insofar as possible, to provide for the Houston County Temporary and...
- Section 45-35-232.24 Disposition of funds
(a) Funds collected pursuant to this subpart shall be expended for its implementation, including, but not limited to, paying salaries and other expenses involved in:...
- Section 45-35-232.25 Legislative intent
It is the intent of the Legislature that this subpart providing for pretrial release shall be a guide to specified judicial officers in Houston County,...
- Section 45-35-232.26 Judicial officer
As used in this subpart, the term judicial officer means, unless otherwise indicated, any circuit judge or equivalent thereof in the Twentieth Judicial Circuit, any...
- Section 45-35-232.27 Release pending trial; order
(a) A person in Houston County charged with an offense, at an appearance before a judicial officer, may be ordered released pending a trial on...
- Section 45-35-232.28 Failure to appear
(a) A person released pursuant to this subpart who willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture...
- Section 45-35-232.29 Revocation of release - Violation of condition of release
(a) A person who has been conditionally released pursuant to this subpart and who has violated a condition of release, shall be subject to revocation...
- Section 45-35-232.30 Revocation of release - Probable cause of felony or misdemeanor
(a) A person who has been conditionally released pursuant to this subpart shall be subject to revocation of release if there is probable cause to...
- Section 45-35-232.31 Forfeiture of cash or security
All forfeitures of cash or other security deposited with the clerk of any court, and all deposits otherwise retained pursuant to this subpart, shall be...
- Section 45-35-232.32 Houston County Work Release and Pretrial Release Commission
(a) There is created the Houston County Work Release and Pretrial Release Commission, hereinafter called the commission. The commission shall be composed of seven persons,...
- Section 45-35-232.33 Contempt; sanctions
This subpart shall not interfere with or prevent any court of competent jurisdiction in Alabama to punish for contempt or impose sanctions.
- Section 45-35-232.34 Houston County Commission authorized to provide funding, in-kind service, or other aid
Houston County through the Houston County Commission is authorized to provide, in its sole discretion, any funding, in-kind service or other aid of any type...
- Section 45-35-232.35 Procedures cumulative
The procedures prescribed in this subpart shall be cumulative and in addition to all other bail and release procedures provided by law.
- Division 3 Work Release Commission Employees.
- Part 4 Pistol Permits.
- Part 5 Retirement.
- Part 6 Service of Process Fee.
- Article 24 Taxation.
- Part 1 Board of Equalization.
- Part 2 Revenue Commissioner.
- Division 1 Compensation.
- Division 2 Operation of Office.
- Part 3 Tax, Gasoline.
- Section 45-35-242 Levy of tax
There is levied in Houston County, Alabama, for the purpose of constructing and maintaining public roads, streets, bridges, and ferries, a privilege tax of not...
- Section 45-35-242.01 Administration
The License Commissioner of Houston County is authorized to administer this part and to provide such rules, regulations, and means as are required for the...
- Section 45-35-242.02 Disposition of funds
All of the net proceeds of the privilege tax collected within the corporate limits of any incorporated city or town in Houston County, Alabama, shall...
- Section 45-35-242.03 Repeal of taxes levied or collected by incorporated cities or towns
After July 8, 1982, no incorporated city or town in Houston County, Alabama, shall levy or collect a privilege license or excise tax on any...
- Section 45-35-242.04 Purpose of taxes
All taxes levied under this part and the money derived therefrom shall be used exclusively for the purpose of constructing and maintaining public roads, streets,...
- Section 45-35-242.05 License; surety bond; distributor requirements; audits; records
(a) All distributors or individuals who are subject to the tax herein levied shall acquire a license therefor issued from the county, in an amount...
- Section 45-35-242.06 Violations
(a) The following sanctions shall be imposed for the following violations of this part: (1) Any distributor, person, or association required to pay the tax...
- Part 4 Tax, Lodging.
- Part 5 Tax. Sales and Use.
- Division 1 County.
- Section 45-35-244 Definitions
(a) The following words, terms, and phrases as used in this subpart shall have the following respective meanings except where the context clearly indicates a...
- Section 45-35-244.01 Levy of privilege or license tax
There is hereby levied, for the period of time provided for herein, in addition to all other taxes of every kind now imposed by law,...
- Section 45-35-244.02 Provisions of states sales tax statutes applicable
(a) Unless otherwise provided for herein or where the context herein clearly indicated a different interpretation, the taxes levied in Section 45-35-244.01 shall be subject...
- Section 45-35-244.03 Levy of excise tax
For the period of time provided for herein: (1) An excise tax is hereby imposed on the storage, use, or other consumption in the county...
- Section 45-35-244.04 Provisions of state use tax statutes applicable
(a) Unless otherwise provided for herein or where the context herein clearly indicates a different interpretation, the taxes levied by Section 45-35-244.03 shall be subject...
- Section 45-35-244.05 Collection of sales taxes and use taxes
(a) The sales taxes levied in Section 45-35-244.01 shall be paid to and collected by the Houston County Commission or its designee, and the use...
- Section 45-35-244.06 Procedures for payment, assessment, and collection
All provisions of the state sales tax statutes with respect to payment, assessment, and collection of the state sales tax, making of monthly reports and...
- Section 45-35-244.07 Charge for collection
(a) The Houston County Commission or its designee, for collecting the taxes levied under this subpart, may retain and deposit to the General Fund of...
- Section 45-35-244.08 Disposition of funds
The amount of the gross tax collected hereunder, less collection charges deducted, shall be paid by the county commission or its designee as follows: (1)...
- Section 45-35-244.09 Effective date of levy
The levy and imposition of the taxes provided for in this part shall commence on the first day of November 1989.
- Division 2 Municipal.
- Section 45-35-244.30 Authorization; prerequisites
The Houston County Commission, at its election by resolution and in its sole discretion, or its designee is authorized to collect any municipal privilege, license,...
- Section 45-35-244.31 Collection
The municipal taxes may be collected by the Houston County Commission or its designee at the same time, in the same manner, and along with...
- Section 45-35-244.32 Preparation and distribution of reports, etc
The Houston County Commission or its designee shall prepare and distribute the reports, blank forms, and other information necessary to provide for collection of municipal...
- Section 45-35-244.33 Charge for collection
(a) The Houston County Commission or its designee shall charge the municipality for collecting municipal license, privilege, sales, and use taxes a certain percentage of...
- Section 45-35-244.34 Applicability of other laws; construction of tax as debt
(a) Unless otherwise provided for herein or where the context herein clearly indicates a different interpretation, the taxes levied by any municipality requesting the Houston...
- Section 45-35-244.35 Amendment of ordinance
(a) Any amendment of any municipal ordinance heretofore adopted levying a tax that is to be collected by the Houston County Commission under this subpart,...
- Section 45-35-244.36 Applicability
This subpart shall be effective with respect to all sales and gross receipts which are closed or received on and after October 1, 1995. The...
- Part 6 Tax, Tobacco.
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021