Code of Alabama - Title 45: Local Laws - Chapter 37 - Jefferson County
- Article 1 General and Miscellaneous Provisions.
- Part 1 Disclaimer.
- Section 45-37-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Jefferson County local laws enacted after 1978 and all Jefferson County prior...
- Part 2 Boundaries.
- Article 2 Alcoholic Beverages.
- Part 1 Civic Center Licenses.
- Part 2 Jefferson County Wine Franchise Jobs Protection Act.
- Section 45-37-21 Short title
This part shall be known as the Jefferson County Wine Franchise Jobs Protection Act.
- Section 45-37-21.01 Applicability
This part shall be operative only in Jefferson County.
- Section 45-37-21.02 Purpose
The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine...
- Section 45-37-21.03 Definitions
(a) The following words or phrases, or the plural thereof, whenever they appear in this part, unless the context clearly requires otherwise, shall have the...
- Section 45-37-21.04 Wholesale licensees; exclusive sales territories
Each supplier of wine licensed by the board authorizing such licensee to sell its wine within the State of Alabama shall sell its wine through...
- Section 45-37-21.05 Prohibited activities - Supplier
A supplier shall not: (1) Fail to provide each wholesaler of the brand or brands of the supplier with a written agreement which contains in...
- Section 45-37-21.06 Prohibited activities - Wholesaler
A wholesaler shall not: (1) Fail to devote reasonable efforts and resources, within designated sales territory of the supplier, to the sale and distribution of...
- Section 45-37-21.07 Amendment, modification, termination, etc., of agreement
(a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier shall not amend or modify an agreement; cause a wholesaler...
- Section 45-37-21.08 Transfer of business of wholesaler
(a) Upon written notice of intent to transfer the business of the wholesaler, any individual owning or deceased individual who owned an interest in a...
- Section 45-37-21.09 Reasonable compensation for diminution of value of business of wholesaler; arbitration
(a) Except as provided for in this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused...
- Section 45-37-21.10 Waiver of rights; dispute settlements
A wholesaler may not waive any of the rights granted in this part and the provisions of any agreement which would have such an effect...
- Section 45-37-21.11 Applicability of agreements to transferees and successors in business
(a) This part shall apply to agreements in existence on May 22, 2013, as well as agreements entered into or renewed after May 22, 2013....
- Section 45-37-21.12 Violations
(a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action...
- Section 45-37-21.13 Construction of part
This act is cumulative, and supplements and is in addition to Sections 28-8-1 to 28-8-8, inclusive.
- Part 3 Sunday Sales.
- Article 3 Boards and Commissions.
- Section 45-37-30 Cemetery Board
(a) For the purposes of this section, the following terms shall have the following meanings: (1) BOARD. The Jefferson County Cemetery Board. (2) CEMETERY. Any...
- Article 4 Business, Labor, and Occupations.
- Part 1 Barbers.
- Section 45-37-40 License requirements
It shall be unlawful for any person, partnership, association, or corporation to act as a barber, a barber teacher, an apprentice barber, a scalp specialist,...
- Section 45-37-40.01 Definitions; applicability
A barber, barber shop, barber college, apprentice barber, barber teacher, scalp specialist, house barbers, or other like business within the meaning of this part is...
- Section 45-37-40.02 Barber commission
(a) There shall be a barber commission for the county consisting of three members, one of whom shall be black, herein at times referred to...
- Section 45-37-40.03 License - Qualifications
Licenses shall be granted only to persons of good moral character, who have an elementary school education, or its equivalent, at least 18 years of...
- Section 45-37-40.04 License - Application; hearings; appeals; fees
(a) Every applicant for a barbers license, apprentice barbers license, barber teacher license, scalp specialist license, or a license to operate a barber shop or...
- Section 45-37-40.05 Penalties
Any person violating this part, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment for...
- Part 2 Tanning Facilities.
- Part 3 Tattoo Facilities.
- Article 5 Constables.
- Article 6 Coroner.
- Part 1 Coroner-Medical Examiner's Office and Commission.
- Section 45-37-60 Definitions
As herein used, these terms have the meanings hereby given them: (1) CORONER-MEDICAL EXAMINERS' OFFICE. The office wherein or wherefrom the staff performs the duties...
- Section 45-37-60.01 Office of coroner abolished
In Jefferson County the office of coroner is abolished and all powers, rights, and duties now or hereafter authorized or required by law to be...
- Section 45-37-60.02 Staffing requirements; coroner-medical examiner qualifications
(a) The employment and compensation of all members of the staff shall be governed by any applicable civil service law. (b) Each coroner-medical examiner shall...
- Section 45-37-60.03 Chief coroner-medical examiner
When there is only one coroner-medical examiner on the staff, he or she shall be the chief coroner-medical examiner. When there is more than one...
- Section 45-37-60.04 Direction of staff
The chief coroner-medical examiner shall direct the staff, subject to the supervision of the county governing body and pursuant to this part and any rules...
- Section 45-37-60.05 Coroner-Medical Examiners' Commission - Creation; powers
There shall be established the Coroner-Medical Examiners' Commission, with the following powers: (1) To consult with the county governing body on the selection, appointment, and...
- Section 45-37-60.06 Coroner-Medical Examiners' Commission - Composition
(a) The Coroner-Medical Examiners’ Commission shall be composed of the following: (1) The county health officer. (2) The District Attorney of Jefferson County, or his...
- Section 45-37-60.07 Duty to investigate certain deaths
Pursuant to rules and regulations promulgated by the Coroner-Medical Examiners’ Commission, it shall be the duty of the chief and associate coroner-medical examiners to review...
- Section 45-37-60.08 Investigative powers of coroner-medical examiner
In investigating a death hereunder, the coroner-medical examiner shall be authorized to take charge of the dead body, to investigate the circumstances of the death,...
- Section 45-37-60.09 Authority of coroner-medical examiner
There shall be vested in coroners-medical examiners all the authority now or hereafter vested in coroners by the laws of Alabama, including the authority which...
- Section 45-37-60.10 Liability for actions
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- Part 2 Corneal tissue.
- Article 7 County Commission.
- Part 1 Compensation.
- Section 45-37-70 Salaries
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- Part 2 Employees.
- Section 45-37-71 Additional staff
(a) The Jefferson County Commission is hereby authorized to employ for and on behalf of the county three employees for each duly elected county commissioner....
- Part 3 Membership.
- Division 1 Districts.
- Division 2 Vacancies.
- Section 45-37-72.20 Definitions
As herein used, the following terms have the meanings hereby ascribed to them: (1) COUNTY. Jefferson County, Alabama. (2) COUNTYWIDE ELECTION. Any election, whether general,...
- Section 45-37-72.21 Resolution for election dates
Within seven days from the occurrence of any vacancy, the election commission, by a majority vote thereof, shall adopt a resolution stating the dates on...
- Section 45-37-72.22 Determination of election dates
If when a vacancy occurs a countywide election is scheduled to be held more than 40 days and not more than 180 days from the...
- Section 45-37-72.23 Determination of election dates
If when the resolution, provided for in Section 45-37-72.21, is adopted, a countywide election is scheduled to be held not less than three weeks and...
- Section 45-37-72.24 Term of office
Any person elected to fill a vacancy shall serve the unexpired portion of the term which the person occupying the office when the vacancy occurred...
- Section 45-37-72.25 Dates of elections; applicability of election laws
The first election and the runoff election, if a runoff election is required, shall be held on the dates provided for in the resolution adopted...
- Section 45-37-72.26 Jurisdiction and duty of election commission
The failure of the election commission to provide for the first election, or the runoff election, within seven days from the occurrence of a vacancy...
- Section 45-37-72.27 Statement of candidacy; petition
(a) No primary election shall be held to nominate a candidate to fill a vacancy under this subpart. At any election held under this subpart...
- Part 4 Powers.
- Article 8 Courts.
- Part 1 Circuit Court.
- Division 1 Compensation.
- Division 2 Court Reporters.
- Division 3 Procedures.
- Part 2 Court Costs and Fees.
- Section 45-37-81 District court - Treatment to Alternative Street Crime; Birmingham Division Law Library Fund
(a) This section shall be operative only in Jefferson County. (b)(1) Notwithstanding any special, local, or general law to the contrary, there is levied on...
- Section 45-37-81.01 District and circuit courts - TASC Fund
(a) This section shall be operative only in Jefferson County, Bessemer Division, commonly known as the Bessemer Cut-Off. (b)(1) Notwithstanding any special, local, or general...
- Section 45-37-81.02 District and circuit courts - Birmingham Division Law Library Fund
(a) This section shall be operative only in Jefferson County. (b) Notwithstanding any special, local, or general law to the contrary, there is levied on...
- Section 45-37-81.03 District and circuit courts - Bessemer Division Law Library Fund
(a) This section shall be operative only in Jefferson County. (b) Notwithstanding any special, local, or general law to the contrary, there is levied on...
- Section 45-37-81.04 District, circuit and municipal courts - Solicitor’s fee
(a) In all juvenile, traffic, criminal, and quasi-criminal cases in the juvenile, district, circuit, and municipal courts in the Birmingham Division and the Bessemer Division...
- Part 3 District Attorney.
- Division 1 Bessemer Division.
- Division 2 Birmingham Division.
- Part 4 District Court.
- Division 1 Compensation.
- Division 2 Court Costs.
- Part 5 Probate Court.
- Division 1 Compensation.
- Division 2 Procedure.
- Division 3 Recording System.
- Article 9 Economic and Industrial Development and Tourism.
- Part 1 Civic Center.
- Section 45-37-90 Applicability
This part shall apply to every county of the state having a population of more than 500,000 according to the last or any subsequent federal...
- Section 45-37-90.01 Definitions
(a) The words and terms defined in this section shall have the meanings respectively ascribed to them herein unless it is apparent from the context...
- Section 45-37-90.02 Legislative findings
(a) The Legislature has found and determined that in any county having a population of 500,000 or more the following conditions exist: (1) That there...
- Section 45-37-90.03 Civic Center Authority - Creation; composition
(a) There is established in the county a public corporation for the purposes hereinafter specified, which corporation shall be vested with the powers conferred upon...
- Section 45-37-90.04 Civic Center Authority - Powers; officers; contracts; conflicts of interest
(a) The power of the authority shall be vested in and exercised by a majority of the members of the board of directors. The board...
- Section 45-37-90.05 Civic Center Authority - Location; powers; development plan; investment of funds
(a) The authority shall be authorized to construct, maintain, control, operate, and manage a civic center in the county seat within the following described area:...
- Section 45-37-90.06 Civic Center Authority - Revenue bonds
(a) Subject to the conditions, qualifications, and restrictions set forth in subsection (e), the authority shall have the power to borrow money and to issue...
- Section 45-37-90.07 Collection of fees and charges
(a) The Legislature hereby makes the following findings: (1) Amendment 280 to the Constitution of Alabama 1901, provides that no tax levied by the state...
- Section 45-37-90.08 Authority to borrow money; promissory notes
Each civic center authority heretofore or hereafter incorporated in any county having a population of more than 500,000, according to the last or any subsequent...
- Part 2 Visitors Bureau.
- Article 10 Education.
- Section 45-37-100 Board of education
(a)(1) The Jefferson County Board of Education is composed of five members: Four who reside in an area served by the Jefferson County School System...
- Article 11 Elections.
- Part 1 Board of Registrars.
- Part 2 Compensation.
- Article 12 Employees.
- Part 1 General.
- Part 2 Civil Service System.
- Section 45-37-121 Definitions
(a) In this part words used in the masculine gender include the feminine and neuter genders and words used in the neuter gender include the...
- Section 45-37-121.01 Personnel board - Extent of authority
In and for each separate county of the State of Alabama which has a population of 400,000 or more people according to the last or...
- Section 45-37-121.02 Personnel board - Composition; meetings
The personnel board shall be comprised of seven members consisting of the following persons: The Chair of the County Commission of Jefferson County; the mayor...
- Section 45-37-121.03 Personnel board - Expenses
The salaries and all other expenses of the personnel board, the personnel director, and all others arising under the provisions hereof, unless otherwise herein provided,...
- Section 45-37-121.04 Duties of county and municipal officials
It shall be the duty of all elective officials in authority of either the counties or municipalities affected by this part to aid in all...
- Section 45-37-121.05 Accommodations, supplies, etc
The board of county commissioners of board of revenue or other like governing body of the county shall provide suitable rooms and accommodations for board...
- Section 45-37-121.06 Legal services
If this part or its enforcement by the personnel board shall be called into question in any judicial proceeding, or if any person, county, or...
- Section 45-37-121.07 Status of employees
In the event that it both happens (1) that a municipality or other appointing authority shall hereafter become subject to this section and (2) that...
- Section 45-37-121.08 Director of personnel - Appointment; qualifications; salary; functions; deputy director
There shall be a director of personnel for each county affected by this part. The board shall appoint the director who shall hold office at...
- Section 45-37-121.09 Director of personnel - Powers and duties
The director of personnel, subject to this section and approval of the personnel board, shall: (1) Appoint or remove such subordinates as may be necessary...
- Section 45-37-121.10 Investigations
The director of personnel shall make investigations and report to the personnel board upon all matters touching the enforcement and the effect of this part...
- Section 45-37-121.11 Survey of necessity for personnel
The director of personnel shall have authority to investigate concerning the number of employees in any department or office and if in his or her...
- Section 45-37-121.12 Official roster
The director of personnel shall keep in the personnel office an official roster of all persons holding positions under this part and shall enter thereon...
- Section 45-37-121.13 Examinations
The director shall prepare and conduct examinations to determine the merit, efficiency, and fitness of applicants for positions. Such examinations shall be thorough and practical...
- Section 45-37-121.14 Efficiency records
The director of personnel shall obtain, rate, and preserve the records of individual efficiency of all persons holding positions under this part. Such ratings shall...
- Section 45-37-121.15 Appointments
(a) Vacancies in the classified service shall be filled either by transfer, promotion, appointment, reappointment, or demotion. Whenever a vacancy in an existing position is...
- Section 45-37-121.16 Leave of absence
(a) All permanent employees who have held regular full-time positions under the jurisdiction of this section for one year and less than 12 years, shall...
- Section 45-37-121.17 Promotions
With the discretion of the director of personnel, vacancies in positions shall be filled, in so far as practicable by promotion from among employees holding...
- Section 45-37-121.18 Transfers and reinstatements
An appointing authority may, at any time, assign a classified employee under his or her jurisdiction from one position to another in the same class....
- Section 45-37-121.19 Dismissals, demotions, suspensions, and appeals
(a) An appointing authority may dismiss or demote an employee holding permanent status for just cause whenever he or she considers the good of the...
- Section 45-37-121.20 Reduction in force
Whenever it is necessary because of lack of work, lack of funds, or whenever it is advisable in the interest of economy to reduce the...
- Section 45-37-121.21 Certification of payrolls
It shall be unlawful for the fiscal officer of either a county or any municipality affected by this part to draw, sign, issue, or authorize...
- Section 45-37-121.22 Political activities prohibited
No person shall be appointed or promoted to, or demoted or dismissed from any position, or in any way favored or discriminated against with respect...
- Section 45-37-121.23 Penalties
Any person found guilty of doing any act herein declared to be a misdemeanor shall be punished as provided by law.
- Section 45-37-121.24 Effective dates
The civil service system existing on July 6, 1945, in any county to which this part shall become applicable upon its passage, shall be continued...
- Section 45-37-121.25 Exempt executive service
(a) The classification of exempt executive service for Class I municipalities is hereby created. The board shall have authority to designate or create positions in...
- Part 3 County Manager.
- Section 45-37-122 Applicability
This part shall apply only to Jefferson County.
- Section 45-37-122.01 Authority to employ county manager
The Jefferson County Commission, by a four-fifths vote, shall employ an at-will county manager to serve as the chief executive officer of the county only...
- Section 45-37-122.02 Vacancies
(a) At any time there is a vacancy in the office of county manager, the county commission shall begin a national search for a qualified...
- Section 45-37-122.03 Qualifications; compensation; political activity; bond
(a) The county commission shall establish the qualifications of the county manager. The Jefferson County Personnel Board, at the direction of the county commission, may...
- Section 45-37-122.04 Termination; acting county manager
(a) A county manager may be terminated only upon a vote of four-fifths of the county commission. In the event the termination is made without...
- Section 45-37-122.05 Removal for cause
(a) For purposes of this part, cause includes any of the following reasons: (1) The county manager was at the time of his or her...
- Section 45-37-122.06 Powers and duties
A county manager hired pursuant to this part shall be the chief executive officer of Jefferson County and, as such, shall carry out the duties...
- Section 45-37-122.07 Employment rules
The county commission, by a four-fifths vote, has the option to use the county personnel board or to separately promulgate rules that conform to antidiscrimination...
- Section 45-37-122.08 Initial county manager; search process
Any provision of law to the contrary notwithstanding, the county commission shall make an offer to a candidate for the county’s initial county manager position...
- Part 4 Pension System.
- Division 1 Background and Definitions.
- Division 2 Administration.
- Section 45-37-123.20 Powers and responsibilities of the county
(a) Provisions of records. The county shall provide all records and documents necessary to determine an employee’s status and eligibility for membership in the plan,...
- Section 45-37-123.21 Designation of administrative authority
(a) General administration. The role of the pension board is established by the State of Alabama through legislative act. The pension board is responsible for...
- Section 45-37-123.22 Powers and duties of the pension board
(a) The pension board shall be responsible for the general administration and proper operation of the plan, and shall administer the plan for the exclusive...
- Section 45-37-123.23 Records and reports
(a) Records. The pension board shall keep a record of all of its proceedings, which shall be open to public inspection. Additionally, the pension board...
- Section 45-37-123.24 Appointment of advisers and allocation of responsibilities
The pension board may allocate responsibilities among the members of the pension board and/or may delegate responsibilities to third parties. The pension board may employ,...
- Section 45-37-123.25 Information from county, personnel board, or county’s agent
The county, the Jefferson County Personnel Board, or the county’s agent, as applicable, shall supply full and timely information, including, but not limited to, all...
- Section 45-37-123.26 Payment of expenses
All payment of benefits, expenses of administration, and any other expenses arising hereunder, may be paid by the pension board out of the trust fund,...
- Section 45-37-123.27 Majority actions
Three members of the pension board shall constitute a quorum for the transaction of all business. Except where there has been an allocation and delegation...
- Section 45-37-123.28 Claims procedure
(a) Claims for benefits under the plan shall be filed in writing with the pension coordinator on forms provided by the pension board in accordance...
- Section 45-37-123.29 Claims review procedure
Any employee, former employee, or beneficiary of either, who has been denied a benefit by a decision of the pension board pursuant to a claim...
- Section 45-37-123.30 Investment authority
(a) The pension board and any investment manager it appoints are authorized to invest and reinvest the funds of the system in all classes and...
- Division 3 Eligibility.
- Division 4 Contributions and Valuations.
- Division 5 Benefits.
- Section 45-37-123.100 Retirement benefits
(a) Superannuation retirement benefit. (1) ELIGIBILITY. A member shall be eligible for a superannuation retirement benefit if: a. The member has 30 or more years...
- Section 45-37-123.101 Postretirement joint survivorship pension
(a) Election of postretirement joint survivorship pension. In lieu of a benefit under subsections (a) to (c), inclusive, of Section 45-37-123.100, superannuation retirement benefit, early...
- Section 45-37-123.102 Disability retirement benefits
(a) Non-service connected disability benefits. Subject to subsection (h), any member who, after accumulating 10 years of paid membership time, experiences a total disability as...
- Section 45-37-123.103 Death benefits
(a) Preretirement death benefits. A vested member's beneficiary is entitled to a preretirement joint survivorship pension, as described below. (1) MARRIED MEMBER. If a married,...
- Section 45-37-123.104 Withdrawal and refund of employee contributions
The following provisions generally govern a member's withdrawal and refund of employee contributions under the plan. Any member who fails to make application for the...
- Section 45-37-123.105 Offset of benefits for rehired retired members by amounts payable by county
Any amount otherwise payable under the plan to a rehired retired member for any month or part thereof on account of retirement or disability shall...
- Section 45-37-123.106 Minimum distribution requirements
(a) General rules. (1) EFFECTIVE DATE. Except as otherwise provided herein, the provisions of this section shall apply for purposes of determining required minimum distributions...
- Section 45-37-123.107 Time of segregation or distribution
Except as otherwise provided herein, whenever the trustee is to make a distribution or to commence a series of payments the distribution or series of...
- Section 45-37-123.108 Direct rollovers
Except as otherwise specifically provided in this section, this section shall be effective as of January 1, 1993. (1) ROLLOVERS GENERALLY. a. Notwithstanding any provision...
- Section 45-37-123.109 Participant distribution notice
(a) The pension board shall during the 30 to 180 day period before making an eligible rollover distribution, provide a written explanation to the recipient:...
- Division 6 IRC Section 415 Limitations.
- Section 45-37-123.130 Annual benefit and final regulations under §415, Internal Revenue Code
(a) Annual benefit. For purposes of this subpart annual benefit means the benefit payable annually under the terms of the plan, exclusive of any benefit...
- Section 45-37-123.131 Maximum annual benefit
(a) Notwithstanding the foregoing and subject to the exceptions and adjustments below, effective for limitation years ending after December 31, 2001, the annual benefit otherwise...
- Section 45-37-123.132 Adjustments to annual benefit and limitations
(a) Adjustment if fewer than 10 years. Effective for limitation years ending after December 31, 2001, if a member has fewer than 10 years of...
- Section 45-37-123.133 Annual benefit not in excess of $10,000
(a) The plan may pay an annual benefit to any member in excess of the member’s maximum annual benefit if the annual benefit derived from...
- Section 45-37-123.134 Purchase of permissive service credit
(a) In general. If a member makes one or more contributions to the plan to purchase permissive service credit under the plan, the requirements of...
- Section 45-37-123.135 Annual benefit attributable to mandatory employee contributions
(a) Effective for limitation years beginning on and after December 31, 2001, in the case of mandatory employee contributions as defined in § 411(c)(2)(C), Internal...
- Section 45-37-123.136 Qualified Section 415(m) plan
In order to yield the maximum benefit specified under this part, without regard to the § 415, Internal Revenue Code, limitations, a qualified plan under...
- Division 7 Amendments and Benefit Enhancements.
- Section 45-37-123.150 Amendments
(a) The pension board shall have the right at any time to amend the plan, subject to the limitations of this section. Any amendment shall...
- Section 45-37-123.151 Benefit enhancements
(a) Specifically, but not in limitation of the pension board's authority to amend the plan as set forth in Section 45-37-123.150, the pension board may...
- Division 8 Plan Termination.
- Section 45-37-123.170 Termination
In the event that the Legislature takes appropriate action to terminate the plan, or in the event of a partial termination of the plan, all...
- Division 9 Miscellaneous.
- Section 45-37-123.190 Merger, consolidation, or transfer of assets
(a) This plan may be merged or consolidated with any other qualified plan or its assets or liabilities transferred to any other qualified plan as...
- Section 45-37-123.191 Member's rights
The plan shall not be deemed to constitute a contract between the county and any member or to be a consideration or an inducement for...
- Section 45-37-123.192 Construction of plan
The plan shall be construed and enforced according to the Internal Revenue Code, the act, and the laws of this state, other than its laws...
- Section 45-37-123.193 Gender and number
Wherever any words are used herein in the masculine, feminine, or neuter gender, they shall be construed as though they were also used in another...
- Section 45-37-123.194 Prohibition against diversion of funds
(a) Except as provided below and otherwise specifically required by law, it shall be impossible by operation of the plan or of the trust agreement,...
- Section 45-37-123.195 Receipt and release for payments
Any payment to any member, the member's legal representative, beneficiary, or to any guardian or committee appointed for such member or beneficiary in accordance with...
- Section 45-37-123.196 Action by the county
Whenever the county under the terms of the plan is permitted or required to do or perform any act or matter or thing, it shall...
- Section 45-37-123.197 Headings and severability
The headings and subheadings of the plan have been inserted for convenience of reference and are to be ignored in any construction of the provisions...
- Section 45-37-123.198 Uniformity
All provisions of this subpart shall be interpreted and applied in a uniform, nondiscriminatory manner.
- Article 13 Engineer, County.
- Article 14 Fire Protection and Emergency Medical Services.
- Section 45-37-140 Applicability
This article shall apply to Jefferson County, Alabama, and to no other county.
- Section 45-37-140.01 Definitions
The following words and terms as used in this article shall have the meanings ascribed to them in this section, unless a contrary meaning is...
- Section 45-37-140.02 Establishment of districts
Any area situated entirely within the county may be established as a district for fighting fires, or a district for garbage disposal, or a district...
- Section 45-37-140.03 Petition for election
(a) Upon any petition provided for in this section being filed in the office of the judge of probate of the county, he or she...
- Section 45-37-140.04 Subsequent elections
(a) As used in this section the following terms have the meanings hereby ascribed to them: (1) ABOLITION. The abolition of a district under Section...
- Section 45-37-140.05 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 45-37-140.06 Election notice
(a) As used herein the following terms shall have the meanings hereby ascribed to them: (1) DISTRICT. A district for fighting fires, a district for...
- Section 45-37-140.07 Payment of election expenses
(a) Where an election is held on the question of the establishment of a district, the governing body of the county shall pay for the...
- Section 45-37-140.08 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 45-37-140.09 Board of trustees
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- Section 45-37-140.10 Powers of district
(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 45-37-140.11 Service charge; fire dues
(a) The expense of establishing and maintaining a district shall be paid for from the proceeds of any service charge or fire dues which shall...
- Section 45-37-140.12 Service charge ordinances; election
(a) Subject to the conditions stated below in this section, the board of trustees shall be authorized to adopt service charge ordinances levying service charges...
- Section 45-37-140.13 Annexation; referendum; hearing; reestablishment of boundaries
(a) Whenever any municipal corporation in Jefferson County annexes any portion of a district and a petition is filed with the clerk of the municipality...
- Section 45-37-140.14 Abolition of district
(a) Any district created hereunder may be abolished in the manner provided for in this section; provided, however, that no district shall be abolished when...
- Article 15 Gambling.
- Section 45-37-150 Short title
This article shall be known and may cited as the Jefferson County Bingo Act.
- Section 45-37-150.01 Definitions
As used in this article: (1) BINGO. That specific kind of game commonly known as bingo in which prizes are awarded on the basis of...
- Section 45-37-150.02 Bingo games - Permit required
(a) Any provisions of the law to the contrary notwithstanding, no qualified organization shall be permitted to operate a bingo game until the sheriff issues...
- Section 45-37-150.03 Bingo games - Application for permit
(a) Any qualified organization desiring to obtain a permit to operate bingo games shall make application to the sheriff on forms prescribed by the sheriff...
- Section 45-37-150.04 Bingo games - Contents and display of permit
(a) Each bingo permit shall contain the name and address of the permitholder, the location at which the permitholder is permitted to conduct bingo, and...
- Section 45-37-150.05 Bingo games - Special permit
a) Upon special application submitted by a qualified organization licensed pursuant to Section 45-37-150.03 and upon the applicant’s payment of a fee of fifty dollars...
- Section 45-37-150.06 Bingo games - Certain activities prohibited
(a) It is the intention of the Legislature that only qualified organizations which are properly issued permits pursuant to this article shall be allowed to...
- Section 45-37-150.07 Bingo games - Fees
All fees collected by the sheriff under this article shall be paid into the county general fund, and all necessary expenses incurred by the sheriff...
- Section 45-37-150.08 Bingo games - Disposition of proceeds
The entire net proceeds of a bingo game shall be devoted exclusively to the lawful purposes of the permitholder. An item of expense shall not...
- Section 45-37-150.09 Bingo games - Management and operation
(a) A person other than a bona fide member of the permitholder may not participate in the management of bingo. Persons other than bona fide...
- Section 45-37-150.10 Bingo games - Age restriction
No person under the age of 18 years shall be permitted to play any game or games of bingo conducted pursuant to any permit issued...
- Section 45-37-150.11 Bingo games - Taxation
State or local taxes of any kind whatsoever shall not be imposed upon the recipient of any prize, whether merchandise or money, awarded by a...
- Section 45-37-150.12 Administration and enforcement
(a) The sheriff shall enforce and supervise the administration of this article. The sheriff shall employ personnel as necessary to implement this article. (b) The...
- Section 45-37-150.13 Rulemaking authority
The sheriff is hereby authorized to promulgate rules and regulations which he or she deems necessary for the proper administration and enforcement of this article.
- Section 45-37-150.14 Maintenance of records; inspection and location of premises
(a) Each permitholder shall maintain the following records for at least three years from the date on which the last bingo game is conducted: (1)...
- Section 45-37-150.15 Suspension or revocation of permits
The sheriff may suspend or revoke any permit issued pursuant to this article if the permitholder or any officer, director, agent, member, or employee of...
- Section 45-37-150.16 Violations
Any person who violates this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than five hundred dollars ($500),...
- Section 45-37-150.17 Effect of revocation, suspension, etc
(a) A permitholder whose permit is revoked in consequence of a violation of this article or a rule promulgated under this article is ineligible to...
- Section 45-37-150.18 Referendum
If the vote on the constitutional amendment excepting bingo from the constitutional prohibition against lotteries in Section 65 of the Constitution of Alabama 1901, is...
- Section 45-37-150.19 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.
- Part 1 Accountability.
- Part 2 Compensation.
- Part 3 Debt and Swap Agreements.
- Article 17 Health and Environment.
- Part 1 Environment.
- Division 1 Nuisances.
- Division 2 Flood Control.
- Section 45-37-170.20 Definitions
The following words and phrases used in this subpart, in the absence of clear implication otherwise, shall be given the following respective interpretations: (1) AUTHORITY....
- Section 45-37-170.21 Jefferson County Flood Control Authority
In the interest of flood control and prevention, there is hereby authorized, and shall be established as hereinafter provided, the Jefferson County Flood Control Authority....
- Section 45-37-170.22 Board of directors
(a) The board of directors of the authority shall consist of 11 members residing in Jefferson County. Three members, two of whom shall reside in...
- Section 45-37-170.23 Application of board members
(a) The persons who are designated to become members of the initial board of directors of the authority shall present to the Secretary of State...
- Section 45-37-170.24 Public corporation
When the application has been made, filed, and recorded, as herein provided, the applicants shall constitute a public corporation under the name submitted in the...
- Section 45-37-170.25 Meetings; officers; compensation; quorum
(a) As soon as may be practicable after completion of the incorporation, the board of directors shall hold their first meeting, elect a chair, a...
- Section 45-37-170.26 Powers of authority
The authority shall have the following powers together with all powers incidental thereto or necessary for the performance of the powers stated in this section:...
- Section 45-37-170.27 Funding
Any county or municipality contracting with the authority shall be authorized to appropriate public funds for land acquisition, construction of improvements, and the operation thereof,...
- Section 45-37-170.28 Debts and obligations of authority
The debts and obligations of the authority created hereunder shall not be debts or obligations of the State of Alabama or any county or municipality
- Part 2 Health.
- Division 1 Boarding Homes.
- Section 45-37-171 Legislative findings
The Legislature finds that there are approximately 75 boarding and rooming homes with over 800 beds in Jefferson County which serve persons who are not...
- Section 45-37-171.01 Rulemaking authority
(a) The Jefferson County Board of Health may adopt and establish, and amend, from time to time, reasonable rules and regulations with respect to facilities...
- Section 45-37-171.02 Enforcement
The Jefferson County Department of Health, or its successor or designee, may enforce all rules and regulations adopted by the Jefferson County Board of Health...
- Section 45-37-171.03 Construction of subpart
The provisions of this subpart are cumulative to all other grants of authority of the Jefferson County Board of Health and the Jefferson County Department...
- Division 2 Department of Health Retired Employee Compensation.
- Division 3 Fees.
- Division 4 Hospitals.
- Article 18 Highways and Bridges.
- Article 19 Legislature.
- Article 20 Licenses and Licensing.
- Article 21 Motor Vehicles and Transportation.
- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Part 1 Fishing.
- Part 2 Reserved.
- Section 45-37-221 Reserved
DELETED BY ACT 2016-303, EFFECTIVE MAY 10, 2016.
- Section 45-37-221.01 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.02 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.03 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.04 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.05 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.06 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.07 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.08 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.09 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.10 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.11 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Section 45-37-221.12 Reserved
DELETED BY ACT 2016-303. EFFECTIVE MAY 10, 2016.
- Article 23 Sheriff.
- Part 1 Compensation.
- Part 2 Crimes and Offenses.
- Part 3 Employees.
- Division 1 Assistant Sheriff, Bessemer Division.
- Section 45-37-232 Office continued
(a) The office of Assistant Sheriff, Bessemer Division of Jefferson County, Alabama, is hereby continued. The duties, responsibilities, qualifications, and term of the Assistant Sheriff,...
- Division 2 Chief Deputy Sheriff.
- Division 3 Confidential Secretary.
- Division 4 Executive Assistant.
- Part 4 Fees.
- Division 1 Pistol Permit.
- Section 45-37-233 Pistol permit fee
(a) This section shall be known as the Pistol Permit Reduction Act of 1999 for Jefferson County. (b) In Jefferson County, the total fee for...
- Division 2 Service of Process.
- Part 5 Jails.
- Section 45-37-234 Jail store
(a) The Sheriff of Jefferson County is authorized to operate a jail store for inmates within the confines of the Jefferson County Detention Facility and...
- Part 6 Office.
- Article 24 Taxation.
- Part 1 Operation of Office and Officials.
- Division 1 Compensation and Benefits.
- Section 45-37-240 Tax assessors
(a)(1) Commencing immediately following November 29, 1999, the Tax Assessor of Jefferson County shall be entitled to an additional expense allowance in the amount of...
- Section 45-37-240.01 Tax collectors; deputy judges of probate, treasurers
(a)(1) The Tax Collector of Jefferson County shall be entitled to an additional expense allowance in the amount of twelve thousand dollars ($12,000) per annum,...
- Section 45-37-240.02 Automobile furnished by county; automobile expense allowance
(a) This section shall apply only to Jefferson County. (b) As used in this section, the term county official shall mean each Jefferson County Commissioner,...
- Section 45-37-240.03 Appointment chief deputy tax assessor and collector
(a) In Jefferson County, the appointed chief deputy tax assessor and the appointed chief deputy tax collector, in Birmingham, and the appointed chief deputy tax...
- Division 2 Election of Assistant Tax Collector, Assistant Tax Assessor, and Deputy Treasurer, Bessemer Division.
- Division 3 Appointment of Chief Deputy Tax Assessors.
- Division 4 Appoinment of Chief Deputy Tax Collectors.
- Division 5 Qualifications of Appointed Chief Deputy Tax Assessors and Chief Deputy Tax Collector, Bessemer Division.
- Part 2 Board of Equalization.
- Division 1 Compensation.
- Section 45-37-241 Expense allowance
In Jefferson County, the two associate board members of the Jefferson County Board of Equalization and Adjustments, are hereby entitled to receive an additional annual...
- Division 2 Expeditious and Economical Tax Appeals Act.
- Division 3 System of Assessing and Collecting Ad Valorem Tax.
- Part 3 Tax, Ad Valorem.
- Part 4 Tax, Alcohol.
- Division 1 License Tax.
- Section 45-37-243 Application and effect of subpart
This subpart shall apply in all counties in this state of 600,000 population or more according to the last or any succeeding federal census. This...
- Section 45-37-243.01 Definitions
When used in this subpart, the terms (1) hotel, (2) restaurant, (3) club, (4) corporation, (5) state liquor store, (6) liquor, (7) malt or brewed...
- Section 45-37-243.02 Levy of tax
(a) As used in this section, the following terms have the meanings here given them: (1) COUNTY. Any county now or hereafter subject to this...
- Section 45-37-243.03 Rulemaking authority; powers
The board of revenue, county commission, or like governing body of such counties shall have power to adopt reasonable rules and regulations not inconsistent with...
- Section 45-37-243.04 Bonds or securities
(a) Any person before engaging in selling any alcoholic, spirituous, vinous, or fermented liquors in any county subject to this subpart shall file with the...
- Section 45-37-243.05 Permit required
It shall be unlawful for any person having no place of business within any county subject to this subpart to make any sale, distribution, or...
- Section 45-37-243.06 Records; inspection
(a) It shall be the duty of any person subject to the license tax imposed by this subpart to keep full and complete records of...
- Section 45-37-243.07 Violations; contraband beverages
Among others the following acts and omissions shall be unlawful: (1) It shall be unlawful for any person to sell, offer for sale, or deliver...
- Section 45-37-243.08 Appeals from assessments
Whenever any taxpayer who has duly appeared and protested a final assessment made by the judge of probate, license commissioner, director of county department of...
- Section 45-37-243.09 Distribution of taxes
All taxes required to be paid by this subpart to the judge of probate, license commissioner, director of county department of revenue, or other public...
- Section 45-37-243.10 Exemption
Any licensee who purchases covered beverages as agent or representative for a private group or party to be used exclusively by such private group or...
- Section 45-37-243.11 Indigent Care Fund
(a) There is hereby established for and in the counties subject to this subpart a county indigent care fund herein called the Indigent Care Fund....
- Section 45-37-243.12 Enforcement of subpart
It shall be the duty of the license inspector, judge of probate, license commissioner, director of county department of revenue, or other public officer performing...
- Section 45-37-243.13 Violations
Any person violating this subpart or rules or regulations of the board of revenue, county commission, or like governing body of such counties, adopted hereunder...
- Section 45-37-243.14 Taxes constitute debt
The license taxes herein levied shall constitute a debt due the counties subject to this subpart, and may be collected by civil suit brought within...
- Section 45-37-243.15 Taxes a lien
The license taxes herein levied together with all interest and penalties applicable thereto, shall be a lien upon the property of the persons required to...
- Division 2 Restaurant Sales Tax.
- Part 5 Tax, Business, Privilege, License.
- Part 6 Tax, Lodging.
- Part 7 Tax, Motor Vehicles.
- Part 8 Tax - Occupational.
- Part 9 Tax, Sales.
- Part 10 Tax, Sales and Use.
- Section 45-37-249 Applicability
This part shall only apply to Jefferson County.
- Section 45-37-249.01 Legislative findings; construction of part
(a) It is the intention of the Legislature by the passage of this part to authorize the county to levy and provide for the collection...
- Section 45-37-249.02 Definitions
(a) As used in this part, the following words, terms, and phrases shall have the following respective meanings except where the context clearly indicates a...
- Section 45-37-249.03 Levy of taxes authorized; relation to other taxes
(a) Subject to subsection (d), the county commission is authorized, by resolution duly adopted, to levy, in addition to all other taxes now imposed or...
- Section 45-37-249.04 Administration and collection of taxes
Pursuant to and in conformity with Article 1 of Chapter 3 of Title 11, the county may, by ordinance or resolution, administer and collect, or...
- Section 45-37-249.05 Addition of tax to sales price or admission fee
Each person engaging or continuing in a business subject to the sales taxes authorized to be levied by this part shall add to the sales...
- Section 45-37-249.06 Taxes constitute debt
The taxes authorized to be levied by this part shall a due the county. Such taxes, together with any interest and penalties permitted by law,...
- Section 45-37-249.07 Applicablity of state provisions
All provisions of the state sales tax statutes and state use tax statutes with respect to the payment, assessment, and collection of the state sales...
- Section 45-37-249.08 Disposition of funds
(a) The proceeds of the taxes authorized herein collected each month by the county, after any deductions for cost of collection, shall be distributed at...
- Section 45-37-249.09 Jefferson County 2015 Sales Tax Fund
(a) There is hereby created a governmental fund of the county to be designated the Jefferson County 2015 Sales Tax Fund. The county commission shall...
- Section 45-37-249.10 Jefferson County Community Service Committee; Jefferson County Community Service Fund
(a) There is hereby created the Jefferson County Community Service Committee. The committee shall consist of four members, one of whom shall be elected by...
- Section 45-37-249.11 Termination of levy
The taxes authorized to be levied by this part shall be levied only for so long as any refunding school warrants are outstanding and are...
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021