Code of Alabama - Title 45: Local Laws - Chapter 36 - Jackson County
- Article 1 General and Miscellaneous Provisions.
- Section 45-36-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Jackson County local laws enacted after 1978 and all Jackson County prior...
- Article 2 Alcoholic Beverages.
- Article 3 Boards and Commissions.
- Article 4 Business, Labor, and Occupations.
- Article 5 Constables.
- Article 6 Coroner.
- Part 1 Compensation.
- Part 2 Deputy Coroner.
- Article 7 County Commission.
- Part 1 Compensation.
- Part 2 Membership.
- Section 45-36-71 Terms of office
Notwithstanding Act 65, 1950 Fifth Special Session (Acts 1950-1951 Special and Regular Sessions, p. 126), as amended, the terms of members of the Jackson County...
- Part 3 Powers.
- Article 8 Courts.
- Part 1 Court Costs.
- Section 45-36-80 Additional fees and costs; Jackson County jail
(a) In Jackson County, in addition to any and all court costs and fees now or hereafter authorized, the following fees shall be charged and...
- Section 45-36-80.01 Service of papers and documents
(a) This section shall only apply to Jackson County. (b) In addition to all other fees or costs levied, the county commission may require that...
- Section 45-36-80.02 Fee for service of failure to appear warrants
(a) In Jackson County, in addition to any and all court costs, fees, and charges now or hereafter authorized, there shall be assessed by the...
- Section 45-36-80.03 Domestic violence cases
Repealed by Act 2017-325, § 3, effective May 18, 2017.
- Section 45-36-80.04 Additional court cost in domestic violence cases
(a) In addition to all other costs and charges in circuit, district, and municipal court cases in Jackson County, there shall be levied and assessed...
- Section 45-36-80.05 Jackson County Preservation of Justice Act
SECTION 4 OF ACT 2019-215 WAS AMENDED BY ACT 2020-119 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020. THIS IS NOT IN THE CURRENT...
- Part 2 District Attorney.
- Section 45-36-81 Expense allowance
The District Attorney of the Thirty-eighth Judicial Circuit for Jackson County, Alabama, shall be entitled to receive as an expense allowance, payable from the general...
- Part 3 Jury Commission.
- Section 45-36-82 Compensation
(a) The jury commission of Jackson County shall receive compensation of twenty dollars ($20) per day for up to a maximum of 60 days. The...
- Part 4 Probate Court.
- Division 1 Compensation.
- Section 45-36-83 Expense allowance
The Judge of Probate for Jackson County, Alabama, shall be entitled to receive as an expense allowance a sum equal to 30 percent of the...
- Section 45-36-83.01 Salary
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- Division 2 Fees.
- Division 3 Indexing System.
- Part 5 Law Library.
- Article 9 Economic and Industrial Development and Tourism.
- Part 1 Economic Development.
- Part 2 Industrial Development.
- Article 10 Education.
- Article 11 Elections.
- Article 12 Employees.
- Article 13 Engineer, County.
- Article 14 Fire Protection and Emergency Medical Services.
- Part 1 Fire Protection.
- Division 1 Fire Proctection Tax and Fire Marshal.
- Division 2
- Section 45-36-140.20 Funding
(a) The board of county commissioners or other like governing body of Jackson County, in its discretion, may appropriate and pay county funds, within the...
- Part 2 Rescue Squads.
- Article 15 Gambling.
- Section 45-36-150 Reserved
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- Article 16 Government Operations.
- Part 1 County Owned Vehicles.
- Part 2 Liability for Monetary Loss.
- Part 3 Tennessee Valley Authority in Lieu of Taxes.
- Article 17 Health and Environment.
- Part 1 Health.
- Section 45-36-170 Board of health fees
(a) The Jackson County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
- Part 2 Environment.
- Part 3 Guntersville Reservoir Aquatic Plant Management Board.
- Section 45-36-172 Creation; purpose
The Guntersville Reservoir Aquatic Plant Management Board of Jackson County is hereby created in Jackson County for the purpose of creating and implementing an aquatic...
- Section 45-36-172.01 Composition
(a) The Guntersville Reservoir Aquatic Plant Management Board of Jackson County shall be composed of the following nine members: (1) The Mayor of Scottsboro or...
- Section 45-36-172.02 Powers and duties
The Guntersville Reservoir Aquatic Plant Management Board of Jackson County shall develop and, to the extent feasible using available funding, implement an aquatic plant management...
- Article 18 Highways and Bridges.
- Section 45-36-180 Department of public works - Created
There is hereby created a department of public works in Jackson County for the construction, maintenance, and repair of county roads and bridges, and the...
- Section 45-36-180.01 Department of public works - Powers
The department of public works, subject to the approval of the Jackson County Commission, shall have the power and authority and shall be solely responsible...
- Section 45-36-180.02 Disposition of funds
Any unexpended monies remaining in the fund required by law to be maintained by the State Department of Transportation for the use in the construction,...
- Section 45-36-180.03 Employment of county engineer
The county commission may request the Director of the State Department of Transportation to send names of candidates for the position of qualified registered engineer...
- Section 45-36-180.04 Duties of county engineer
It shall be the duty of the county engineer, subject to the approval of the majority of the Jackson County Commission: (1) To employ, supervise,...
- Section 45-36-180.05 Requisitions
The county engineer is hereby designated as the person authorized to make requisitions in writing to the county commission for per diem and other expenses,...
- Section 45-36-180.06 Office supplies and transportation; limitations on private property
(a) The county commission shall furnish the county engineer office supplies and necessary transportation in connection with his or her duties under this article. The...
- Section 45-36-180.07 Accountability for equipment; inventory
The county engineer shall be the custodian of all road tools, machinery, supplies, and equipment of the county, and he or she shall be accountable...
- Section 45-36-180.08 Sale, trade, etc., of equipment
No materials, supplies, or equipment may be traded, loaned, leased, or rented by the county engineer without the approval of the county commission, and under...
- Section 45-36-180.09 Appropriation and use of funds
The authority of the county engineer shall be limited to the expenditure of funds, as may be appropriated by the county commission, for the purpose...
- Section 45-36-180.10 Road fund; separate account
All expenditures for salaries, labor, benefits, insurance, supplies, materials, and all other expenses related to the construction, maintenance, and repair of county roads, bridges, and...
- Section 45-36-180.11 Surety bond
Before entering upon his or her duties, the county engineer shall make and enter into a surety bond in the amount of twenty-five thousand dollars...
- Section 45-36-180.12 Expense allowance
The chair and each member of the Jackson County Commission shall be paid an additional one hundred dollars ($100) per month for nine consecutive months...
- Section 45-36-180.13 Salary
The county commission shall set the salary of the county engineer and the county’s portion of such salary shall be not less than seven thousand...
- Article 19 Legislature.
- Article 20 Licenses and Licensing.
- Article 21 Motor Vehicles and Transportation.
- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Part 1 Parks.
- Part 2 Recreation.
- Article 23 Sheriff.
- Part 1 Compensation.
- Part 2 Funding.
- Section 45-36-231 Records of abandoned and stolen property; storage
(a) The Sheriff of Jackson County shall keep and maintain a permanent record of all abandoned and stolen personal property recovered by the sheriff’s office....
- Section 45-36-231.01 Sale of perishable property
If the abandoned or stolen personal property is of a perishable nature and reasonable attempts to locate and identify the owner of the property are...
- Section 45-36-231.02 Record of abandoned and stolen firearms; sale or destruction
(a) The sheriff shall keep and maintain a permanent record of all abandoned or stolen firearms, not subject to disposition by general law. The records...
- Section 45-36-231.03 Notice and sale of stolen or abandoned property
(a) As often as necessary, the sheriff shall sell at public auction to the highest bidder all abandoned or stolen personal property, other than firearms,...
- Section 45-36-231.04 Claim of property
The owner of any abandoned or stolen personal property recovered by the Jackson County Sheriff’s Office, including firearms, may claim the property at any time...
- Section 45-36-231.05 Record of sale; rejection of bid
If property is sold at public auction, as provided in this subpart, a notation in the storage record shall be made of the sale and...
- Section 45-36-231.06 Disposition of sale proceeds
The proceeds from the sale of property at an auction conducted under the authority of this subpart, after deducting and paying all expenses incurred in...
- Section 45-36-231.07 Interest earned on Inmate Trust Fund Account
In Jackson County, all interest earned on the Inmate Trust Fund Account shall be used by the sheriff for the operation or maintenance of that...
- Part 3 Jails.
- Division 1 Jail Concession.
- Division 2 Work Release.
- Section 45-36-232.20 Work release for gainful employment conducive to rehabilitation
Any person who has been committed to the county jail or to any city jail in Jackson County under a criminal sentence may be released...
- Section 45-36-232.21 Reporting to jail
Any person who has been sentenced to the Jackson County jail or any city jail within Jackson County and who has been ordered released under...
- Section 45-36-232.22 Failure to report to jail
Any person released under Section 45-36-232.20, or ordered confined under Section 45-36-232.21, who willfully fails to report for confinement as ordered shall be deemed to...
- Section 45-36-232.23 Income; Jackson County Work Release and Pretrial Release Fund
For the purposes of this subpart, the term net income shall be defined as total salaries, wages, and other compensation received by a person committed...
- Section 45-36-232.24 Waiver of collection and payment
In any case in which the court having jurisdiction of the case determines that the collection and payment of the sums provided for in Section...
- Section 45-36-232.25 Disposition of funds
All sums collected under this subpart shall be expended for the implementation of this subpart, including, but not limited to, paying salaries and other expenses...
- Section 45-36-232.26 Legislative intent
It is the intent of the Legislature that the provisions of this subpart pertaining to pretrial release shall be a guide to judicial officers in...
- Section 45-36-232.27 Judicial officer
As used in this subpart, the term judicial officer means, unless otherwise indicated, any circuit judge or equivalent thereof in the Thirty-eighth Judicial Circuit, any...
- Section 45-36-232.28 Release pending trial; conditions; order; notice
(a) Any person in Jackson County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial...
- Section 45-36-232.29 Failure to appear
(a) Whoever, having been released pursuant to this subpart, willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture...
- Section 45-36-232.30 Revocation of release - Violation of condition of release
a) A person who has been conditionally released pursuant to Section 45-36-232.28 and who has violated a condition of release, shall be subject to revocation...
- Section 45-36-232.31 Revocation of release - Probable cause of felony or misdemeanor
(a) A person who has been conditionally released pursuant to Section 45-36-232.28 and as to whom there is probable cause to believe he or she...
- Section 45-36-232.32 Bribery
Any person engaged in the business of undertaking to act as surety on bail bonds in Jackson County, or any servant, agent, or employee of...
- Section 45-36-232.33 Accepting a bribe
Any sheriff, deputy sheriff, policeman, peace officer, warrant magistrate, or any other person who has the power to arrest or to hold another person in...
- Section 45-36-232.34 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 45-36-232.35 Jackson County Work Release and Pretrial Release Commission
(a) There is hereby created a body to be known as the Jackson County Work Release and Pretrial Release Commission, hereinafter called the commission. The...
- Section 45-36-232.36 Contempt; sanctions
Nothing in this subpart shall interfere with or prevent the exercise by any court of Alabama of its power to punish for contempt.
- Section 45-36-232.37 Procedures cumulative
The procedures prescribed in this subpart shall be cumulative and in addition to all other bail and release procedures provided by law.
- Part 4 Pistol Permits.
- Section 45-36-233
(a) In Jackson County, the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person...
- Part 5 Retirement.
- Part 6 Relief Acts.
- Article 24 Taxation.
- Part 1 Board of Equalization.
- Part 2 Revenue Commissioner.
- Division 1 Budgetary Operations.
- Division 2 Creation of Office.
- Division 3 Motor Vehicles.
- Division 4 Redemption of Lands.
- Part 3 Tax, Ad Valorem.
- Part 4 Tax, Gasoline.
- Section 45-36-243 Definitions
For the purposes of this part, the following terms shall have the respective meaning ascribed by this section: (1) COUNTY. Jackson County. (2) DISTRIBUTOR. Any...
- Section 45-36-243.01 Excise tax authorized
The Jackson County Commission is hereby authorized to impose excise taxes on persons selling, distributing, storing, or withdrawing from storage for any purpose whatever, gasoline...
- Section 45-36-243.02 Statement of sales and withdrawals
On or before the 20th day of each month after any tax shall have been levied under authority of this part, every person upon whom...
- Section 45-36-243.03 Recordkeeping
All distributors, storers, and retail dealers shall keep for not less than three years within the State of Alabama at some certain place or office...
- Section 45-36-243.04 Report of business address
Within 30 days after any tax shall have been levied under authority of this part every distributor, storer, or retail dealer engaged in the sale...
- Section 45-36-243.05 Violations
If any distributor, storer, or retail dealer of gasoline or motor fuel, as herein defined, in such county shall fail to make the reports of...
- Section 45-36-243.06 Enforcement
It shall be the duty of the county commission of such county to enforce this part upon its imposing the tax hereunder, and it shall...
- Section 45-36-243.07 Delinquency in payment of tax
If any distributor, storer, or retail dealer in gasoline or motor fuel, as herein defined, shall fail to make monthly reports or shall fail to...
- Section 45-36-243.08 Payment of tax
The acceptance of any amount paid for the excise tax imposed under this part shall not preclude the collection of the amount actually due. However,...
- Section 45-36-243.09 Penalties
Any distributor, storer, or dealer who shall violate this part or shall fail to comply with any reasonable rule or regulation promulgated hereunder, may be...
- Section 45-36-243.10 Quarterly reports
Each agent or any railroad company, bus or truck operator, or other transportation company or agency operating in such county shall report to the county...
- Section 45-36-243.11 Special fund
The proceeds of any tax imposed under authority of this part shall be paid into a special fund in the county treasury for use as...
- Section 45-36-243.12 Use of funds
Expenditures from the special fund provided for in Section 45-36-243.11 shall be made exclusively for materials and equipment used for the repair, maintenance, and construction...
- Section 45-36-243.13 Construction of part
The provisions of this part are cumulative and shall not be construed to repeal other laws or parts of laws unless such laws or parts...
- Part 5 Tax, Lease.
- Section 45-36-244 Levy of tax
(a) In Jackson County, the county commission may levy a two percent lease tax in all areas of the county. (b) The tax shall parallel...
- Part 6 Tax, Lodging.
- Part 7 Tax, Severance.
- Part 8 Tax. Tobacco.
- Part 9 Tax, Sales and Use.
- Article 25 Utilities.
- Part 1 Solid Waste Collection.
- Part 2 Tennessee River Preservation Act.
- Part 3 Water Authority.
- Section 45-36-252 Definitions
When used in this part, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise. (1) AUTHORITY. The...
- Section 45-36-252.01 Legislative intent
This part is intended to aid the state and county in the execution of its duties by providing an appropriate and independent instrumentality of the...
- Section 45-36-252.02 Amendment of certificate of incorporation
(a) The certificate of incorporation of the authority incorporated under this part may at any time and from time to time be amended in the...
- Section 45-36-252.03 Board of directors
(a) The board of the Jackson County Water Authority shall consist of five directors who shall be appointed in the following manner: One director by...
- Section 45-36-252.04 Powers of authority
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- Section 45-36-252.05 Additional powers and rights
(a) The authority organized or operating pursuant to this part, in addition to all other powers now or hereafter granted by law, shall have the...
- Section 45-36-252.06 Bonds of the authority; obligations
(a) In addition to all other powers now or hereafter granted by law, the authority shall have the following powers, together with all powers incidental...
- Section 45-36-252.07 Rates, fees, and charges
Rates, fees, and charges for water, sewer, or garbage service rendered by the authority from any of its systems shall be so fixed and from...
- Section 45-36-252.08 Planning, development, operation, etc., of water, sewer, or garbage system
For the purpose of securing water, sewer, or garbage service or aiding or cooperating with the authority in the planning, development, undertaking, construction, extension, improvement,...
- Section 45-36-252.09 Rights-of-way
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 45-36-252.10 Governmental functions; liability of authority
(a) The furnishing of sewer and garbage service in conjunction with the water services by the authority as well as the furnishing of water services...
- Section 45-36-252.11 Exemption from taxes, fees, etc
(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 45-36-252.12 Exemption from usury statutes
The authority now or hereafter organized under this part is hereby exempted from the laws of the State of Alabama governing usury and prescribing or...
- Section 45-36-252.13 Dissolution of authority
At any time when no bonds or obligations theretofore assumed by the authority are outstanding, the board may adopt a resolution, which shall be duly...
- Section 45-36-252.14 Validity of certificate of incorporation
In all cases where there is an attempt to incorporate a public corporation under this part, and a certificate of incorporation with respect to such...
- Section 45-36-252.15 Proceedings, notice, and approval of authority actions
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- Section 45-36-252.16 Auditing
The Jackson County Water Authority shall be audited similar to and in accordance with any audit required to be performed upon the Jackson County Commission...
- Article 26 Zoning and Planning.
Last modified: May 3, 2021