Code of Alabama - Title 45: Local Laws - Chapter 42 - Limestone County
- Article 1 General and Miscellaneous Provisions.
- Part 1 Disclaimer.
- Section 45-42-10 Disclaimer
(a) This chapter endeavors to add to the Code of Alabama 1975, all Limestone County local laws enacted after 1978 and all Limestone County prior...
- Part 2 Compensation of County Commission, Judge of Probate, Tax Assessor, Tax Collector, Sheriff, and Coroner.
- Part 3 Municipal Annexation.
- Section 45-42-12 Consent for annexation
(a) In addition to all other requirements of law, no municipality whose corporate limits or boundaries include lands outside of Limestone County may annex lands...
- Article 2 Alcoholic Beverages.
- Section 45-42-20 Reserved
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- Article 3 Boards and Commissions.
- Section 45-42-30 Reserved
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- Article 4 Business, Labor, and Occupations.
- Section 45-42-40 Reserved
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- Article 5 Contables.
- Article 6 Coroner.
- Part 1 Compensation.
- Section 45-42-60 Expense Allowance
(a)(1) The coroner in Limestone County shall receive an expense allowance of six hundred dollars ($600) per month and the deputy coroner shall receive an...
- Part 2 Deputy Coroner.
- Part 3 Operation of Office.
- Article 7 County Commissions.
- Part 1 Compensation.
- Part 2 Operation of Office.
- Article 8 Courts.
- Part 1 Circuit Court.
- Division 1 Compensation.
- Division 2 Records.
- Part 2 Court Costs.
- Part 3 District Attorney.
- Division 1 Compensation.
- Section 45-42-82 Optical Allowance
In addition to any other compensation or expense allowance now provided by law, the District Attorney of the Thirty-ninth Judicial Circuit shall have the option...
- Division 2 Employees.
- Section 45-42-82.20 Investigators
The lawfully appointed investigators of the District Attorney for the Thirtyninth Judicial Circuit shall have the same arrest authority and powers vested in deputy sheriffs...
- Division 3 Pretrial Diversion Program.
- Section 45-42-82.40 Definitions
For purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the District Attorney...
- Section 45-42-82.41 Establishment of program; discretionary powers; supervision and control
(a) The District Attorney of the Thirty-ninth Judicial Circuit of Alabama may establish a pretrial diversion program. (b) All discretionary powers endowed by the common...
- Section 45-42-82-42 Application for admittance
An offender may apply to the district attorney for admittance into the pretrial diversion program. The application shall be made in the time and manner...
- Section 45-42-82.43 Ineligibility for program
Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be...
- Section 45-42-82.44 Standards for admission
(a) The district attorney may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability...
- Section 45-42-82.45 Admission to program
(a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission and as a part of the district attorney’s...
- Section 45-42-82.46 Written agreement; other terms and conditions
(a) Following the decision of the district attorney to admit the offender into the pretrial diversion program, but prior to entry, the district attorney and...
- Section 45-42-82.47 Fees
(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment...
- Section 45-42-82.48 Collection and disposition of funds
(a) Application fees required by this subpart shall be collected by the appropriate circuit or district court clerk of the Thirty-ninth Judicial Circuit. The fees...
- Section 45-42-82.49 Program requirements; termination from program liability for costs and fees
(a) Upon acceptance of an offender into the pretrial diversion program, the district attorney and the offender shall submit the offender’s written application together with...
- Section 45-42-82.50 Violations; waiver
(a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the district attorney may...
- Section 45-42-82.51 Liability of district attorney, agency, or service provider
In no event shall the district attorney, the Limestone County Community Corrections program, the Limestone County Drug Court, or any other agency or service provider...
- Section 45-42-82.52 Supervision of offenders
The district attorney, to the extent practicable, shall utilize the services of community corrections programs established pursuant to Section 15–18–170, to provide for the supervision...
- Part 4 Probate Court.
- Division 1 Duties.
- Section 45-42-83 Recording system
(a) The Judge of Probate of Limestone County in conformity to the duties set out in Section 121341, shall maintain a general register for all...
- Division 2 Special Recording Fees.
- Article 9 Economic and Industrial Development and Tourism.
- Section 45-42-90 Reserved
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- Article 10 Education.
- Part 1 Board of Education.
- Section 45-42-100 Compensation
(a) Each member of the Limestone County Board of Education shall receive an additional expense allowance in the amount of two hundred fifty dollars ($250)...
- Part 2 Superintendent of Education.
- Division 1 Appointment.
- Division 2 Compensation.
- Part 3 Textbooks.
- Article 11 Elections.
- Part 1 Compensation.
- Part 2 Voting Centers.
- Article 12 Employees.
- Part 1 Benefits
- Part 2 Insurance.
- Part 3 Personnel System.
- Section 45-42-122 Applicability
This part shall apply to and have application in Limestone County, Alabama, to all regular full-time employees whose wages, salaries, and benefits are provided from...
- Section 45-42-122.01 Definitions
As used in this part, unless the context plainly indicates a different meaning, the following words, terms, and phrases shall have the meanings respectively ascribed...
- Section 45-42-122.02 Personnel rules and regulations; removal of employees
All employees of the county as herein defined shall be subject to the personnel rules and regulations in or promulgated pursuant to this part. Present...
- Section 45-42-122.03 Power and duties of board
(a) The board shall adopt rules and regulations to carry out the purposes of this part, and to provide for hirings, promotions, demotions, suspensions, removals,...
- Section 45-42-122.04 Adoption of rules, regulations, and procedures
The board shall adopt and have printed such rules, regulations, and procedures as it may deem proper and in accordance with this part. The rules...
- Section 45-42-122.05 Dismissal from service
Any employee who willfully violates this part, or any rule or regulation issued in pursuance hereof, shall be dismissed from service under the system and...
- Section 45-42-122.06 Employment of legal counsel
In any matters related to this part wherein the board deems it necessary and proper to employ legal counsel, or if any person shall fail...
- Section 45-42-122.07 Compensation of employees; independent contractors
Nothing herein shall be construed as restricting the right of the commission to increase or decrease proportionately the compensation of all county employees; or to...
- Article 13 Engineer, County.
- Section 45-42-130 Reserved
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- Article 14 Fire Protection and Emergency Medical Services.
- Section 45-42-140 Applicability
This article shall apply only to those portions of Limestone County located outside the corporate boundaries of any municipality having a municipal fire department.
- Section 45-42-140.01 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 45-42-140.02 Fire protection service fee - Levy; definitions; exemptions
(a) There is levied on the owner of each dwelling and business located in those portions of Limestone County located outside the corporate boundaries of...
- Section 45-42-140.03 Fire protection service fee Collection, administration, and enforcement
The fire protection service fee shall be collected, administered, and enforced as closely as possible at the same time, in the same manner, and under...
- Section 45-42-140.04 Eligible volunteer fire department
An eligible volunteer fire department, for the purposes of this article, shall mean a volunteer fire department located in Limestone County and is a member...
- Section 45-42-140.05 Disposition of funds
Funds paid to eligible volunteer fire departments shall only be expended for fire protection purposes, including training, supplies, and equipment. The funds may also be...
- Section 45-42-140.06 Transfer of funds upon dissolution or abandonment of volunteer fire department
Upon dissolution or abandonment of any eligible volunteer fire department, any remaining funds derived from this article or any assets purchased with funds derived from...
- Section 45-42-140.07 Liability of personnel
The personnel of volunteer fire departments provided for in this article shall not be considered as employees, servants, or agents of the county and the...
- Article 15 Gambling.
- Section 45-42-150 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 45-42-150.01 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 45-42-150.02 Bingo games - Permits
(a) No qualified organization or club shall be permitted to operate a bingo game unless the bingo game is located in the confines of Limestone...
- Section 45-42-150.03 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 45-42-150.04 Bingo games Legislative intent; prize limits; deductions for expenses; consulting fees
(a) It is the intention of the Legislature that only qualified organizations or qualified clubs which are properly issued permits or licenses pursuant to this...
- Section 45-42-150.05 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 45-42-150.06 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 45-42-150.07 Bingo games - Filing of records; inspection
(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 45-42-150.08 Revocation of bingo permit - Procedures
The sheriff may revoke any permit if the permit holder or any officer, director, agent, member, or employee of the permit holder violates this article...
- Section 45-42-150.09 Revocation of bingo permit Eligibility; effect of convictions
(a) A permit holder whose permit or special permit is revoked for a violation of this article or a rule promulgated under this article is...
- Section 45-42-150.10 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 45-42-150.11 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 45-42-150.12 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 contraband and may be...
- Section 45-42-150.13 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 Operations.
- Part 1 Forestland Protection.
- Part 2 Liability for Monetary Loss.
- Part 3 Metropolitan-Government
- Section 45-42-162 Purpose
The purpose of this part is to provide for the economic and efficient merger of the City of Athens and Limestone County and such other...
- Section 45-42-162.01 Definitions
The following terms shall have the meanings ascribed to them: (1) CONSTITUTIONAL OFFICERS. The sheriff, revenue commissioner, license commissioner, and judge of probate, and such...
- Section 45-42-162.02 Merger authorized
Limestone County and any local government may merge to form a metropolitan-government. A metropolitan-government may exercise all powers and duties assigned by general law to...
- Section 45-42-162.03 Procedures for establishment of metropolitan-government
Establishment of the metropolitan-government shall be initiated by a referendum which shall be participated in by Limestone County, the City of Athens, and such other...
- Section 45-42-162.04 Service districts
(a) A general services district shall include the entire area of Limestone County. Any service or function which is now or in the future assigned...
- Section 45-42-162.05 Assumption of functions of special districts
The metropolitan-government created by this part, and approved by the voters, on 60 days’ notice, may at any time thereafter assume all functions, rights, duties,...
- Section 45-42-162.06 State shared revenues
The metropolitan-government shall not receive less in state grants, general support payments, shared revenues, or otherwise than the total amount that would have been received...
- Section 45-42-162.07 Powers of metropolitan-government
The metropolitan-government shall have all the powers granted to municipal corporations and the county governments by the constitution and the laws of the state together...
- Section 45-42-162.08 Elections
The metropolitan-government shall be governed by a commission of nine part-time members and a full-time mayor. The election for the first officers of the metropolitan-government...
- Section 45-42-162.09 Duties of mayor and commission
The mayor shall preside at the meetings of the commission and shall be recognized as the head of the municipal government for all ceremonial purposes...
- Section 45-42-162.10 Powers of mayor
(a) All executive and administrative power of the metropolitan-government shall be vested in the office of the mayor and such other departments, offices, agencies, boards,...
- Section 45-42-162.11 Powers of commission
All powers of the metropolitan-government including all powers vested in it by this part, the constitution, and the general and local laws of this state....
- Section 45-42-162.12 Compensation of mayor and commission
After the first term the mayor and each commissioner shall receive as compensation for their services the sum established by the metropolitan governing body at...
- Section 45-42-162.13 Appointment of metropolitan manager
(a) The mayor shall appoint, subject to commission approval, a metropolitan manager, who shall be an officer of the metropolitan-government, and shall have the powers...
- Section 45-42-162.14 General officers
The offices of sheriff, revenue commissioner, license commissioner, and judge of probate as established by the constitution or by statute shall be maintained. The salary...
- Section 45-42-162.15 Elective officers
(a) The sheriff shall have such duties as prescribed by Alabama law except that the sheriff shall not be the chief conservator of peace. The...
- Section 45-42-162.16 Judge of probates
Nothing in this part shall have effect upon the judicial powers and functions of the judge of probate as provided by the general laws. All...
- Section 45-42-162.17 Transition
(a) The transition period shall be directed by the provisions contained herein. The level of services during transition shall not be below the level of...
- Section 45-42-162.18 Planning and land use controls
(a) A planning commission shall be established and shall have authority to institute, under the general laws of the state, land use controls for the...
- Section 45-42-162.19 Schools
(a) Within 18 months from the time metropolitan-government is placed in effect, the respective school boards of the city and the county shall plan for...
- Section 45-42-162.20 Budgeting; tax levies; bonds
(a) The budget and tax levy of the former City of Athens shall serve as the budget and tax levy for the urban service district...
- Section 45-42-162.21 Employees
(a) All permanent full-time and permanent part-time employees of the city or county including employees of any department, board, commission, authority, or agency shall become...
- Part 4 Tennessee Valley Authority in Lieu of Taxes.
- Article 17 Health and Environment.
- Part 1 Environment.
- Division 1 Junkyards.
- Section 45-42-170 Legislative findings
The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Limestone County, and licensing the...
- Section 45-42-170.01 Public nuisance - Premises
(a) It is unlawful and constitutes a public nuisance for the owner or other person in charge or in control of a building, lot, junkyard,...
- Section 45-42-170.02 Public nuisance - Motor vehicles
(a) Except as provided in subsection (b), it is unlawful and constitutes a public nuisance for any person to park, leave, or store upon any...
- Section 45-42-170.03 Licensing and operation of junkyards
(a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 4542170 but not limited to those items, any portion...
- Section 45-42-170.04 Enforcement
(a) This subpart shall be enforced by the Limestone County Commission. (b) The Limestone County Commission may commence a civil action in the name of...
- Division 2 Landfills.
- Division 3 Rock Quarries.
- Section 45-42-170.40 Limitations on rock quarries - Distance from Robotics Center
In Limestone County, after May 11, 2009, no new rock quarry may be established nor may any existing rock quarry be relocated outside the corporate...
- Section 45-42-170.41 Limitations on rock quarries - Distance from public school
In Limestone County, after May 11, 2009, no new rock quarry may be established nor may any existing rock quarry be relocated outside the corporate...
- Section 45-42-170.42 Limitations on rock quarries - Distance from TVA Industrial Development Mega Site
In Limestone County, after May 11, 2009, no new rock quarry may be established nor may any existing rock quarry be relocated outside the corporate...
- Section 45-42-170.43 Limitations on rock quarries - Distance from Browns Ferry Nuclear Plant
In Limestone County, after May 11, 2009, no new rock quarry may be established nor may any existing rock quarry be relocated outside the corporate...
- Part 2 Health.
- Article 18 Highways and Bridges.
- Article 19 Legislature.
- Section 45-42-190 Reserved
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- Article 20 Licenses and Licensing.
- Part 1 License Commissioner.
- Section 45-42-200 Appointment; compensation
The Limestone County Commission is hereby authorized and empowered to appoint in lieu of the county license commission authorized under Act 746, 1978 Regular Session...
- Section 45-42-200.01 Seal; oath; bond
The county license commissioner shall have an official seal of office and shall maintain a permanent office in the county. Before commencing the duties of...
- Section 45-42-200.02 Office; supplies; personnel
The county commission shall furnish suitable quarters for the county license commissioner, and provide the necessary forms, books, stationery, records, equipment, and supplies, except such...
- Section 45-42-200.03 Chief clerk
The county license commissioner shall recommend to the commission a chief clerk who, in the absence of the commissioner, shall exercise the same powers and...
- Section 45-42-200.04 Transfer of duties from Tax Assessor and Tax Collector
The county license commissioner shall perform all duties relative to the assessment and collection of taxes on motor vehicles in such county, which have heretofore...
- Section 45-42-200.05 Business license
Before any person, firm, or corporation shall engage in or carry on any business activity or other non-business activity in the county for which a...
- Section 45-42-200.06 Sworn statement of value
In all cases where the amount to be paid for a license depends upon the amount of capital invested or the true value or property...
- Section 45-42-200.07 Recordkeeping
The county license commissioner shall keep at all times an accurate record of all licenses received by him or her from the Comptroller and of...
- Section 45-42-200.08 Fees
Except as hereinafter provided, the county license commissioner shall be entitled to charge and collect the same fees that are prescribed in the general law...
- Section 45-42-200.09 Payment of tax required for issuance of motor vehicle license
To prevent motor vehicles from escaping taxation and to provide for a more efficient procedure for assessment and collection of taxes due on same, no...
- Section 45-42-200.10 Motor vehicle assessment
(a) Before any vehicle can be assessed, the county license commissioner shall be furnished the tag number presently on the vehicle unless such vehicle is...
- Section 45-42-200.11 Assessment and collection of motor vehicle taxes
After the first day of January 1983, motor vehicles shall not be included in any other assessment made by any person, firm, or corporation under...
- Section 45-42-200.12 Books, records, and blanks
The Comptroller, the State Department of Revenue, the State Department of Finance, and State Department of Conservation and Natural Resources are hereby required to furnish...
- Section 45-42-200.13 Application of driver's licenses
The county license commissioner shall take applications for driver's licenses or renewals thereof, temporary driver permits, and other motor vehicles operator's licenses and give receipts...
- Section 45-42-200.14 Applications for motor vehicle license tags
The county license commissioner shall take applications for replacement of motor vehicle license tags which have been lost, destroyed, or mutilated, and forward such application...
- Section 45-42-200.15 Registration applications by mail
On or after the first day of each month, but not later than the last day of each month preceding the month in which the...
- Section 45-42-200.16 Additional fees for mailing expenses
All applications for motor vehicle tags by mail and the correct amount of taxes and fees shall be received by the county license commissioner, on...
- Section 45-42-200.17 Transfer of title
Every purchaser of a motor vehicle, within 10 calendar days after the purchase, shall transfer the vehicle with the office of the county license commissioner....
- Section 45-42-200.18 Delivery of records
All records in the custody of the judge of probate, the tax assessor, and tax collector relating to the duties herein imposed upon the commissioner,...
- Section 45-42-200.19 Abolition of office of license inspector; transfer of duties
The office of license inspector for Limestone County is hereby abolished. Thereupon, the county license commissioner shall become the ex-officio license inspector of the county....
- Section 45-42-200.20 Copying fee
The county license commissioner is hereby authorized to charge one dollar ($1) per page or fraction of a page, to be paid into the county...
- Section 45-42-200.21 Leger; report
The county license commissioner shall keep a ledger showing the amount of money collected each day for each service performed and such book shall be...
- Part 2 Operation of Office of License Commissioner.
- Article 21 Motor Vehicles and Transportation.
- Section 45-42-210 Reserved
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- Article 22 Parks, Historic Preservation, Museums, and Recreation.
- Article 23 Sheriff.
- Part 1 Compensation.
- Part 2 Funding.
- Part 3 Jails.
- Section 45-42-232 Jail store
(a) The Sheriff of Limestone County is hereby authorized to operate a jail store and contract telephone installation for inmates within the confines of the...
- Part 4 Personnel.
- Part 5 Pistol Permits.
- Article 24 Taxation.
- Part 1 Board of Equalization.
- Section 45-42-240 Salary supplements
The County Commission of Limestone County is hereby authorized to provide county salary supplements for the members of the Limestone County Board of Equalization in...
- Part 2 Revenue Commissioner.
- Part 3 Tax, Tobacco.
- Section 45-42-242 Levy of tax
There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in Limestone...
- Section 45-42-242.01 Tax to be added to sales price of tobacco products
Upon adoption of a resolution by the Limestone County Commission, every person, firm, corporation, club, or association that sells, stores, or receives for the purpose...
- Section 45-42-242.02 Violations
It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Limestone County in the business for which the tax is...
- Section 45-42-242.03 Tobacco stamps
The tax hereby authorized shall be paid by affixing stamps as is required for the payment of the tax imposed by Section 40251 to Section...
- Section 45-42-242.04 Promulgation of rules and regulations
The State Department of Revenue is hereby authorized to promulgate and enforce rules and regulations to effectuate the purposes of this part. All such rules...
- Section 45-42-242.05 Application of laws, rules, and regulations
All laws, and rules and regulations of the Department of Revenue, relating to the manner and time of payment of the tax levied by Section...
- Section 45-42-242.06 Disposition of funds
The proceeds from the tax hereby authorized less the actual cost of collection, not to exceed five per centum, shall be paid by the State...
- Section 45-42-242.07 Construction and application
(a) None of the provisions of this part shall be applied in such manner as to be in violation of the commerce or other clauses...
- Part 4 Tax, Sales, and Use.
- Division 1 1957 Tax.
- Section 45-42-243 Levy of taxes paralleling state taxes
(a) In Limestone County there is hereby levied, in addition to all other taxes of every kind now imposed by law, and shall be collected...
- Section 45-42-243.01 Applicability of state provisions
The taxes provided for in Section 45–42–243 shall be subject to all definitions, exceptions, proceedings, requirements, rules, regulations, provisions, penalties, fines, punishments, and deductions as...
- Section 45-42-243.02 Taxes as lien to property
All taxes imposed by this part, together with such interest and penalties as may be imposed herein, shall be a lien upon the property of...
- Section 45-42-243.03 Collection of taxes
The taxes imposed by this part shall be collected by the State Department of Revenue at the same time and along with the collection by...
- Section 45-42-243.04 Taxes in addition to other licenses and taxes
The taxes imposed by this part shall be in addition to all other licenses and taxes levied by law as a condition precedent to engage...
- Section 45-42-243.05 Time and manner of collection
The taxes levied by this part shall be due and collectible at the same times and manner as the state sales and use taxes, and...
- Section 45-42-243.06 Disposition of funds
The proceeds of the taxes imposed by this part, when paid to the custodian of the county school funds of Limestone County, as provided in...
- Division 2 2001 Tax.
- Division 3 Exemptions.
- Part 5 Tax, Indigent Health Care.
- Article 25 Utilities.
- Article 26 Zoning and Planning.
Last modified: May 3, 2021