Code of Alabama - Title 45: Local Laws - Chapter 45 - Madison County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-45-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Madison County local laws enacted after 1978 and all Madison County prior...
• Part 2 Compensation.
• Section 45-45-11 Compensation of certain county officers
  (a) The Madison County Commission may provide compensation to election officials in addition to that now provided by law, in an amount not less than...
• Article 2 Alcoholic Beverages.
• Part 1 Regulation.
• Section 45-45-20 Licensing requirements; prohibited activities
  (a)(1) Pursuant to the authority granted in Article IV, Section 104 of the Constitution of Alabama of 1901, now appearing as Section 104 of the...
• Section 45-45-20.01 Rules and regulations governing liquor traffic; violations
  (a) The Legislature finds that the authority of the Legislature to enact local laws regulating the liquor traffic is preserved in Section 104 of the...
• Part 2 Sunday Sales.
• Section 45-45-21 Regulation of sale of alcoholic beverages on Sunday
  (a)(1) This section only applies to Madison County. (2) This section applies to the sale of alcoholic beverages on Sunday by retail licensees of the...
• Article 3 Boards and Commissions.
• Part 1 Airport Authority.
• Section 45-45-30 Compensation
  (a) In Madison County, notwithstanding any provision of the law to the contrary, the annual compensation payable to the officers and directors of the airport...
• Part 2 County Records Commission.
• Section 45-45-31 Photographing, etc., of certain public records; use of authenticated reproductions
  The court of county commissioners, board of revenue, or other like governing body of Madison County may require the photographing or microphotographing, on plate or...
• Section 45-45-31.01 Charge for services
  The court or board is authorized to charge to any office, court, board, institution, department, or agency of the county the cost of photographing or...
• Section 45-45-31.02 Appropriation of funds
  The court or board may from time to time appropriate amounts out of the general fund of the county sufficient to pay the cost of...
• Section 45-45-31.03 Commission created; composition; meetings
  There is created a county records commission consisting of 12 members as follows: The director, or deputy director if designated by the director, of the...
• Section 45-45-31.04 Classification and preservation of records; disposal of records; building for retention of records
  The county records commission shall be charged with the responsibility of determining which county records shall be permanently preserved because of their historical value, and...
• Section 45-45-31.05 Destruction or disposition of public records
  No county official or employee shall destroy, dispose of, or cause to be destroyed or disposed of, any public record that has been microfilmed under...
• Section 45-45-31.06 Survey of records; promulgation of regulations
  The county records commission is empowered to conduct surveys of public records in carrying out this part. The commission shall from time to time issue...
• Section 45-45-31.07 Reproduction department; records custodian; storage and safekeeping
  (a) The governing body of Madison County is hereby authorized to establish a reproduction department for Madison County and to employ a records custodian who...
• Section 45-45-31.08 Fees
  A fee of twenty-five cents ($0.25) shall be charged in addition to all filing and recording fees now charged for each instrument, document, plat, court...
• Part 3 Huntsville-Madison County Public Library Board
• Section 45-45-32 Library board
  (a) Upon the adoption of an ordinance by the Huntsville City Council authorizing the appointment of two additional members to the library board established by...
• Article 4 Business, Labor, and Occupations.
• Section 45-45-40 Reserved
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• Article 5 Constables.
• Section 45-45-50 Office abolished
  In Madison County, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished.
• Article 6 Coroner.
• Section 45-45-60 Compensation
  (a) The Coroner of Madison County shall be entitled to an expense allowance in the amount of ten thousand dollars ($10,000) per annum, which shall...
• Article 7 County Commission.
• Part 1 Building Codes.
• Section 45-45-70 Adoption of laws and codes; inspectors; fees
  (a) In Madison County, the county commission shall adopt building laws and codes by ordinance which shall apply to all commercial or industrial improvements in...
• Part 2 Compensation.
• Section 45-45-71 Salaries
  (a) Effective on the first day of the next term of office, the Chair of the Madison County Commission shall receive an annual salary of...
• Article 8 Courts.
• Part 1 Commissions.
• Division 1 Alternative Sentencing and Release Commission.
• Section 45-45-80 Administrative fees
  (a) The Madison County Work Release and Pre–Trial Release Commission may establish administrative fees to fund alternative sentencing programs, educational programs, intervention programs, treatment programs,...
• Section 45-45-80.01 Name of commission and fund
  (a) In Madison County, after June 13, 2003, the Madison County Work Release and Pre-Trial Release Commission shall be known as the Madison County Alternative...
• Division 2 Judicial Commission.
• Section 45-45-80.20 Nominees for judicial vacancies
  In Madison County, the Madison County Judicial Commission before submitting nominations to the Governor to fill a judicial vacancy pursuant to Amendment 334 of the...
• Division 3 Jury Commission.
• Section 45-45-80.40 Expense allowance
  (a) In Madison County, in addition to any and all other compensation, salary, and expense allowances provided for by law, there shall be paid to...
• Part 2 Circuit Court.
• Division 1 Circuit Clerk, Deputy Circuit Clerks, and Court Administrator.
• Section 45-45-81 Circuit court clerk - Transfer of duties and functions
  The office of Register in Chancery of the Twenty-third Judicial Circuit of Alabama is hereby abolished and all duties and functions of the office, as...
• Section 45-45-81.01 Circuit court clerk - Deputy and personnel appointed to consolidate offices from Twenty-third Judicial Circuit
  The circuit court clerk shall appoint the person now serving as Register of the Twenty-third Judicial Circuit as a deputy circuit court clerk. The person...
• Section 45-45-81.02 Circuit court clerk - Ex-officio Clerk of the Madison County Court
  The office of Clerk of the Madison County Court and clerk of any court successor to the jurisdiction of the Madison County Court is hereby...
• Section 45-45-81.03 Circuit court clerk - Deputy and personnel appointed to consolidate offices from Madison County Court
  The Clerk of the Twenty-third Judicial Circuit shall appoint the person now serving as Clerk of the Madison County Court as a deputy circuit court...
• Section 45-45-81.04 Court administrator
  (a) The office of Court Administrator of the Twenty-third Judicial Circuit of Alabama is redefined as provided in this section. On May 10, 2012, but...
• Section 45-45-81.05 Disposition of funds
  All fees, commissions, and other compensation of every nature heretofore paid to or collected by the Circuit Court Clerk, Register in Chancery, or Clerk of...
• Section 45-45-81.06 Supervision of deputy clerks
  The three deputy circuit court clerks herein provided for shall work under the supervision of the circuit court clerk.
• Section 45-45-81.07 Legislative intent
  The purposes of this subpart are to effect efficiency and economy in the operation of the courts of Madison County, but it is the will...
• Section 45-45-81.08 Compensation
  The Clerk of the Twenty-third Judicial Circuit of Alabama shall receive an annual salary of seventeen thousand seven hundred dollars ($17,700) per annum for the...
• Division 2 Duties of Circuit Clerk.
• Section 45-45-81.30 Passports
  Of the fifteen dollar ($15) execution fee on each application for a passport allowed under the provisions of 22 U.S.C. § 214, as implemented by...
• Section 45-45-81.31 Bail bonds
  Every person engaged in the business of making bail bonds in Madison County, Alabama, in addition to the twenty-five thousand dollar ($25,000) surety requirement of...
• Section 45-45-81.32 Seized currency
  (a) Any law enforcement agency of Madison County that is in possession of seized currency which it intends to make part of a forfeiture proceeding...
• Division 3 Court Reporters.
• Section 45-45-81.50 Salary supplement
  Each supernumerary court reporter of the Twenty-third Judicial Circuit in Madison County, Alabama, is hereby entitled to and shall be paid a county salary supplement...
• Section 45-45-81.51 Additional salary supplement
  Each of the court reporters of the Twenty-third Judicial Circuit in Madison County, Alabama, is hereby entitled to receive a county supplement in an amount...
• Division 4 Family Court Division.
• Section 45-45-81.70 Establishment; administration; coordination
  (a) The presiding circuit judge of the Twenty-third Judicial Circuit may establish, by means of a written order, a family court division or divisions of...
• Division 5 Judges.
• Section 45-45-81.90 Retirement compensation
  (a) Any circuit judge or retired circuit judge in the Twenty-third Judicial Circuit shall have the right of election to come under this section. Any...
• Part 3 Court Costs.
• Division 1 Court Costs.
• Section 45-45-82 Child protection board and fund
  (a) In order to provide for the protection and welfare of children in Madison County who are alleged to be or have been found by...
• Section 45-45-82.01 District attorney's fee
  (a) In all cases in the municipal, juvenile, district, and circuit courts in Madison County and the Twenty-third Judicial Circuit, a docket fee, hereinafter referred...
• Section 45-45-82.02 Juror parking
  (a) The governing body of Madison County, by resolution thereof, shall have the power to maintain and provide parking for the use of the jurors;...
• Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund
  (a) In all criminal and juvenile delinquency cases in the circuit and district courts of Madison County wherein the defendant or the juvenile is charged...
• Division 2 Law Library.
• Section 45-45-82.20 Establishment and maintenance
  The governing body of Madison County by resolution thereof shall have the power to establish and maintain a county law library in the Madison County...
• Section 45-45-82.21 Alternate establishment method
  The governing body of Madison County having a county law library under existing laws on July 24, 1991, may come under this subpart by resolution...
• Section 45-45-82.22 Facilities and budget
  In return for the Madison County Law Library serving the legal materials needs of the county, and of court officials, and of the citizens of...
• Section 45-45-82.23 Appropriations
  Municipal governing bodies in Madison County may appropriate funds or property to the Madison County Law Library in consideration of the law library making its...
• Section 45-45-82.24 Law librarian or custodian
  Upon the establishment of the Madison County Law Library, or the continuance of the present county law library under this subpart, the presiding judge of...
• Section 45-45-82.25 Administration; personnel; advisory committee
  The presiding circuit judge for the county, or the county law librarian by designation of the presiding circuit judge, shall administer the county law library...
• Section 45-45-82.26 Madison County Law Library Fund
  Upon the establishment of the Madison County Law Library under this subpart, Madison County shall have and maintain a separate fund known as the Madison...
• Section 45-45-82.27 Powers
  The Madison County Law Library shall have the power to receive gifts, grants, and to exchange books and other materials with other libraries and may...
• Section 45-45-82.28 Library fees
  For the support and maintenance of the Madison County Law Library established under this subpart a library fee of four dollars ($4) shall be paid...
• Section 45-45-82.29 Receipt of Acts of Alabama and Code of Alabama
  The Madison County Law Library shall be on the distribution list of the Secretary of State to receive one set each of the Acts of...
• Section 45-45-82.30 Participation in law library network
  The Madison County Law Library is a part of a network of law libraries with the state-supported law libraries and the non-state-supported law libraries on...
• Section 45-45-82.31 Transfer of materials
  The state, counties, and state agencies have the authority to transfer, give, or lend books, or property, and materials to the Madison County Law Library;...
• Division 3 Preservation of Justice Act.
• Section 45-45-82.50 Short title
  This subpart shall be known and cited as the Madison County Preservation of Justice Act.
• Section 45-45-82.51 Legislative findings
  The Legislature hereby finds and declares the following: (1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit has the highest...
• Section 45-45-82.52 Additional court costs and fees
  In addition to any court costs and fees authorized in the district and circuit courts of Madison County, there shall be assessed and collected the...
• Section 45-45-82.53 Financial hardship
  Nothing contained in this subpart shall impair the authority of a circuit or district judge to waive or to remit court costs or fees upon...
• Section 45-45-82.54 Judicial Administration Fund
  (a) The additional court costs or fees collected by the Circuit Court Clerk of Madison County shall be deposited into the Judicial Administration Fund, which...
• Section 45-45-82.55 Resumption of funding
  When the Administrative Office of Courts or the Office of Prosecution Services resumes funding for all of the employees affected by this subpart, the balance...
• Section 45-45-82.56 Use of funds
  If the Administrative Office of Courts refuses to enter into or withdraws from a memorandum of understanding to receive the appropriation and maintain the employees...
• Section 45-45-82.57 Disposition of funds
  The Madison County Circuit Court Clerk shall remit the costs collected under this subpart to the Judicial Administration Fund of Madison County on the last...
• Section 45-45-82.58 Construction of subpart
  This subpart may not be construed to require the Madison County Commission to expend or appropriate any funds other than the proceeds of the fees...
• Part 4 District Attorney.
• Division 1 District Attorney's Fund.
• Section 45-45-83 Collection and disposition of funds
  (a) All district attorney's fees taxed as costs and collected in all criminal cases in Madison County and the Twenty-third Judicial Circuit shall be paid...
• Division 2 Employees.
• Section 45-45-83.20 Investigators
  (a) The District Attorney for the Twenty-third Judicial Circuit is hereby authorized to appoint investigators for the office. (b) Compensation of the investigators shall be...
• Division 3 Pretrial Intervention Program.
• Section 45-45-83.40 Establishment
  (a) The District Attorney of the Twenty-third Judicial Circuit of Alabama, in his or her discretion, may establish a Pretrial Intervention Program (PTIP). (b) The...
• Section 45-45-83.41 Eligibility
  (a) Any person charged with a criminal offense whose jurisdiction is in the circuit or district court of the Twenty-third Judicial Circuit of Alabama may...
• Section 45-45-83.42 Standards of eligibility
  (a) Intervention shall be appropriate where: (1) The offender is 18 years of age or older at the time the alleged offense was committed. (2)...
• Section 45-45-83.43 Processing information
  (a) Prior to being admitted to the PTIP, or as a part of the district attorney’s evaluation process, an applicant may be required by the...
• Section 45-45-83.44 Agreement required of offender in program
  (a) An offender who enters an intervention program shall: (1) Waive, in writing, and contingent upon his or her successful completion of the program his...
• Section 45-45-83.45 Time for application
  (a) An offender must make application to the PTIP no later than 45 days after service of the warrant, or within 21 days following appointment...
• Section 45-45-83.46 Fees
  (a) An applicant may be assessed a fee when the applicant is approved for the program. The amount of the assessment for participation in the...
• Section 45-45-83.47 Drug and alcohol services
  The district attorney and the offender may enter into an agreement as a part of the PTIP of an offender that the offender be admitted...
• Section 45-45-83.48 Individual agreement between offender and district attorney
  (a) In any case in which an offender is admitted into a PTIP there shall be a written agreement between the district attorney and the...
• Section 45-45-83.49 Program administration
  All fees paid by offenders as heretofore set out shall be paid to the District Attorney of the Twenty-third Judicial Circuit. The district attorney shall...
• Section 45-45-83.50 Violations
  (a) In the event the offender violates the conditions of the PTIP agreed to in writing by the offender and the district attorney, the district...
• Division 4 Restitution Recovery Division.
• Section 45-45-83.70 Applicability
  This subpart shall apply only in the Twenty-third Judicial Circuit.
• Section 45-45-83.71 Purpose
  The purpose of this subpart is to ensure that court-ordered restitution to crime victims, victim compensation assessments, bail bond forfeitures, court costs required by law,...
• Section 45-45-83.72 Restitution Recovery Division - Establishment
  The district attorney may establish a special division designated the Restitution Recovery Division for the administration, collection, and enforcement of court costs, fines, penalty payments,...
• Section 45-45-83.73 Written notice of defaults - Collection, enforcement of funds
  The court, the clerk of the court, or a probation officer shall notify the district attorney in writing when any bail bond forfeitures, court costs,...
• Section 45-45-83.74 Manner of enforcement
  (a) After notification, as provided in Section 45-45-83.73, the district attorney may take all lawful steps necessary in order to require compliance with the court-ordered...
• Section 45-45-83.75 Collection and disposition of funds
  (a) After a matter has been transferred to the district attorney under Section 45-45-83.73, a court shall assess a collection fee of 30 percent of...
• Section 45-45-83.76 Amnesty period
  There shall be an amnesty period of 60 days after April 12, 1994, during which any person may voluntarily pay in full any duly assessed...
• Section 45-45-83.77 Civil judgements
  In addition to this subpart, all court costs, fines, victim compensation assessments, bail bond forfeitures, and restitution, and other court-ordered charges shall be considered a...
• Section 45-45-83.78 Construction of subpart
  The provisions of this subpart are supplemental to any procedures for the enforcement and collection of any court-ordered sums or forfeitures.
• Division 5 Special Services Division.
• Section 45-45-83.100 Negotiating worthless negotiable instrument - Warrant; notice; service fee; administration
  (a) The special services division of the district attorney's office may notify those individuals charged with violating Section 13A-9-13.1, by mail, that a warrant has...
• Part 5 District Court.
• Section 45-45-84 Salary supplement - Judges of District Court of Twenty-third Judicial Circuit
  The salary of each judge of the District Court of the Twenty-third Judicial Circuit shall be supplemented by the county which makes up the judicial...
• Section 45-45-84.01 Salary supplement - Judges of District Court of Madison County
  (a) The salaries of each judge of the District Court of Madison County shall be supplemented by the governing body of the county in an...
• Part 6 Probate Court.
• Division 1 Compensation.
• Section 45-45-85 Salary
  Effective on the next term of office, the Judge of Probate of Madison County shall be paid an annual salary equal to not less than...
• Section 45-45-85.01 Publication of qualified voter list
  In Madison County, effective at the beginning of the next term of office, the judge of probate shall not receive compensation or fees for publishing...
• Division 2 Fees.
• Section 45-45-85.20 Mental Health Fund
  (a) Beginning on August 1, 2001, the minimum fee for the Mental Health Fund in all probate court transactions collected by the Probate Court of...
• Section 45-45-85.21 Recording fee
  (a) In Madison County, a special recording fee of four dollars ($4) shall be collected by the judge of probate on each real or personal...
• Article 9 Economic and Industrial Development and Tourism.
• Section 45-45-90 Reserved
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• Article 10 Education.
• Part 1 Board.
• Section 45-45-100 Salary
  The members of the Madison County Board of Education shall each receive a salary of one thousand eight hundred dollars ($1,800) per annum, payable in...
• Section 45-45-100.01 Expense allowances
  (a) Each member of the Madison County Board of Education shall hereafter receive from public school funds of the county, an expense allowance of three...
• Part 2 Superintendent.
• Section 45-45-101 Election; term of office; vacancies; qualifications; compensation
  (a)(1) At the time of expiration of the current contract held by the Madison County Superintendent of Education, or at the time of any vacancy...
• Part 3 Transfer of Students and Revenues.
• Section 45-45-102 Enrollment in county school system; transfer of funds from municipal school system
  In Madison County, the parent or guardian of a public school student who resides in an area that has been annexed to a municipality since...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-45-110 Compensation
  In addition to the amount paid by the state to members of the Madison County Board of Registrars, the county commission shall be authorized to...
• Section 45-45-110.01 Health insurance
  (a) During their term of office, members of the Madison County Board of Registrars and their dependents and the members of the Madison County Personnel...
• Section 45-45-110.02 Meeting days
  (a) The Board of Registrars of Madison County shall meet at the county courthouse for the purpose of registering voters on the first Monday in...
• Part 2 Election Officials.
• Section 45-45-111 Compensation
  (a) The Madison County Commission may provide compensation to election officials in addition to that now provided by law, in an amount not less than...
• Article 12 Employees.
• Section 45-45-120 Group health insurance
  In Madison County, any municipality is hereby authorized, in its discretion, to pay all or any part of the costs of group health insurance premiums...
• Section 45-45-120.01 Historian
  (a) The Madison County Commission may appoint a county historian and appropriate county funds for the purpose of paying the designated county historian an honorarium,...
• Article 13 Engineer, County.
• Section 45-45-130 Reserved
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• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-45-140 Reserved
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• Article 15 Gambling.
• Section 45-45-150 Reserved
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• Article 16 Government Operations.
• Part 1 County Vehicles.
• Section 45-45-160 Identifying markings
  (a) No later than 90 days after August 8, 1979, except for those motor vehicles used for investigatory purposes by the sheriff's department, the district...
• Part 2 Distribution of Tennessee Valley Authority Payments in Lieu of Taxes.
• Section 45-45-161 Distribution of payments
  (a)(1) Pursuant to the authority granted by Section 40–28–2, Madison County’s share of payments made by the Tennessee Valley Authority to the state in lieu...
• Part 3 Reimbursement for Monetary Loss.
• Section 45-45-162 License commissioner
  (a) The Madison County governing body shall reimburse the office of license commissioner and the office of tax collector from the general fund of the...
• Section 45-45-162.01 Judge of probate and tax collector
  (a) The Madison County governing body shall reimburse the office of the judge of probate from the general fund of the county the amount of...
• Article 17 Health and Environment.
• Part 1 Animal Control.
• Section 45-45-170 Animal control shelter program
  (a) The Madison County Commission is hereby authorized to establish an animal control shelter program in Madison County and to provide such program or to...
• Section 45-45-170.01 Regulation of dogs or other animals running at large
  The Madison County Commission shall have the power by ordinance to regulate and prevent within Madison County the running at large of all dogs or...
• Section 45-45-170.02 Disposition of dead animals
  It is hereby declared to be in the best interest of the public health and welfare that the Madison County Commission may provide for the...
• Part 2 Dead Bodies.
• Section 45-45-171 Opening of graves for interment
  The Madison County commissioners are authorized, provided the service is offered equally and upon payment of reasonable costs, except in the case of indigents, to...
• Section 45-45-171.01 Cremation of deceased indigent person
  (a)(1) The Madison County Commission may provide for expenses of cremation of any deceased indigent person, if the deceased was a resident of the county...
• Part 3 Health Department.
• Section 45-45-172 Board of health
  (a)(1) The Madison County Board of Health shall designate the environmental services rendered by the county health department for which fees may be charged and...
• Part 4 Junkyards.
• Section 45-45-173 Legislative findings
  The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Madison County, and licensing the...
• Section 45-45-173.01 Public nuisance - Premises
  (a) It shall be unlawful and constitute a public nuisance for the owner or other person in charge or control of a building, lot, junkyard,...
• Section 45-45-173.02 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 45-45-173.03 Licensing and operation of junkyards
  (a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-45-173.01, but not limited to those items, any portion...
• Section 45-45-173.04 Enforcement
  (a) This part shall be enforced by the Madison County Commission. (b) The Madison County Commission may commence a civil action in the name of...
• Part 5 Noise.
• Section 45-45-174 Noise control
  (a) In Madison County, the Madison County Commission may enact a noise ordinance for the areas outside of the corporate limits of any municipality and...
• Part 6 Tank Farms.
• Section 45-45-175 Location - Proximity to existing schools
  (a)(1) In Madison County, no petroleum product tank farm may be constructed within one and one-half miles of any existing school. In addition, the site...
• Section 45-45-175.01 Location - Proximity to fire department
  (a)(1) In Madison County, any petroleum product tank farm shall be within five miles of and served by a full-time paid fire department. The site...
• Article 18 Highways and Bridges.
• Section 45-45-180 Authority to provide road-related services and materials to churches, individuals, firms, or corporations
  (a) The Madison County Commission is hereby authorized and empowered, under the conditions and limitations set forth herein, within Madison County, to go upon private...
• Section 45-45-180.01 Legislative intent
  (a) It is the intent of this article to make available to Madison County residents the aforementioned services only when such road related services and...
• Section 45-45-180.02 Performance of road-related services on private property; compensation
  In no case may county personnel or equipment be permitted to perform road related services on private property where a present public need exists for...
• Section 45-45-180.03 Contract requirements
  Before any road related services are performed on private property or road construction material is sold to churches, individuals, firms, or corporations, a written contract...
• Section 45-45-180.04 Limitations within 12-month period
  The Madison County Commission shall not perform work on private property or sell materials to any church, individual, firm, or corporation within any 12-month period...
• Article 19 Legislature.
• Section 45-45-190 Reserved
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• Article 20 Licenses and Licensing.
• Part 1 Fees.
• Section 45-45-200 Boat licenses
  The License Commissioner of Madison County is hereby authorized to issue boat licenses pursuant to Chapter 5, Title 33, by mail and may collect an...
• Section 45-45-200.01 Special issuance fee
  (a)(1) In Madison County, the county commission is authorized to impose, by resolution of the commission, a special issuance fee not to exceed seventy-five cents...
• Section 45-45-200.02 Residential building permit fee; North Alabama Homebuilding Academy
  (a) The Legislature finds that there is a shortage of individuals skilled in trades relating to the residential construction industry in Madison County, including municipalities...
• Part 2 License Department.
• Section 45-45-201 Creation
  In Madison County there is hereby created a county license department. The county license department is hereinafter referred to as the department.
• Section 45-45-201.01 Director - Election; term; vacancies
  Upon written notification to the county commission by the director of the department holding office on April 13, 1998, of the director’s intention to retire...
• Section 45-45-201.02 Director - Salary
  The salary of the director of the department shall be in the same amount and payable in the same manner as the salaries of the...
• Section 45-45-201.03 Director - Oath; bond
  Before entering upon the duties of his or her office, the director of the department shall take the oath of office prescribed by the constitution,...
• Section 45-45-201.04 Office space, stationery, supplies, etc
  Suitable office space, and all stationery, equipment, supplies, and postage necessary for the conduct of the office, shall be furnished by the governing body of...
• Section 45-45-201.05 Deputy director
  The director of the department may appoint a deputy director of the department, who shall perform duties as the director may prescribe, and who, in...
• Section 45-45-201.06 Duties
  It shall be the duty of the director of the department to collect for and issue all licenses for motor vehicles, motor vehicle licenses, temporary...
• Section 45-45-201.07 Payment of tax required for issuance of license
  To prevent motor vehicles, as defined by Section 40–12–240, from escaping taxation and to provide for the more efficient assessment and collection of taxes due...
• Section 45-45-201.08 License application forms
  On or after the first day of September each year, the director of the department, if he or she elects to do so, may mail...
• Section 45-45-201.09 License procedures by mail; fees; forms
  The Director of the Madison County License Department shall charge and collect a fee not to exceed two dollars ($2) for each motor vehicle license...
• Section 45-45-201.10 Alternative procedures
  (a) The procedure authorized by this part for the payment of ad valorem taxes and motor vehicle license taxes and the issuance of license tags...
• Section 45-45-201.11 Transfer of duties - Judge of probate
  Any and all duties now or which may hereafter be required by law of judges of probate with reference to the registration, sale, and distribution...
• Section 45-45-201.12 Transfer of duties - Tax assessor, tax collector
  All duties required by law of the tax assessor and tax collector of any county to which this part applies, with reference to the assessment...
• Section 45-45-201.13 Fees, charges, penalties, and commissions
  The director of the department shall collect for the assessment and collection of state and county ad valorem tax on motor vehicles the same fees,...
• Section 45-45-201.14 Election to come under part; resolution
  This part shall become effective in Madison County only upon a writing subscribed to by the judge of probate, the tax assessor, and the tax...
• Section 45-45-201.15 Applicability and operation of part
  This part shall immediately apply and become effective in the county upon the adoption of the resolution by the board of revenue, court of county...
• Section 45-45-201.16 Purpose
  It is the intent and purpose of the foregoing sections of this part to provide a more convenient and efficient method of issuing licenses and...
• Section 45-45-201.17 License inspector - Created
  Any other provisions of law notwithstanding, there is hereby created the position of license inspector for the county.
• Section 45-45-201.18 License inspector - Director of license department
  The license inspector for the county shall be the director of the county license department.
• Section 45-45-201.19 License inspector - Powers and duties
  It shall be the duty of the license inspector to scrutinize the records and stubs kept in the office of the county license department and...
• Part 3 Noncollectible Payments.
• Section 45-45-202 Voiding of license for invalid payment
  (a) In cases where a personal check given for licenses, motor vehicle registrations, manufactured home instruments, or any other instruments is found to be noncollectible...
• Article 21 Motor Vehicles and Transportation.
• Section 45-45-210 Reserved
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• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Part 1 Parks.
• Section 45-45-220 Authorization to prepare certain sites and adjacent property - Monrovia School District
  (a) The Madison County Commission may prepare sites and adjacent property in the county, accessible by the public, for parks and recreational and public purposes...
• Section 45-45-220.01 Authorization to prepare certain sites and adjacent property - Hazel Green area
  (a) The Madison County Commission may prepare sites and adjacent property in the county, accessible by the public, for parks and recreational and public purposes...
• Part 2 Recreation.
• Section 45-45-221 Casting light from motor vehicle for hunting
  (a) In Madison County, it shall be unlawful for any person, or one or more of a group of persons together, to willfully throw or...
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-45-230 Clothing allowance
  (a) The Madison County Commission shall have the authority, at its discretion, to appropriate and pay to the Sheriff of Madison County, any deputy sheriff,...
• Section 45-45-230.01 Salary; expenses
  (a) Commencing with the next term of office beginning in January of 1999, the Sheriff of Madison County shall receive an annual salary of seventy...
• Part 2 Employees.
• Section 45-45-231 Madison County Work Release and Pretrial Release Commission employees
  All personnel employed by the Madison County Work Release and Pretrial Release Commission pursuant to subsection (b) of Section 16, Act 488, 1978 Regular Session...
• Section 45-45-231.01 Receipt of badge, pistol, etc., upon retirement
  Any individual employed by the office of Sheriff of Madison County as a law enforcement officer for a period of 10 years or more who...
• Section 45-45-231.02 Commemorative badge and firearm for retired detention officers
  (a) Any individual employed by the office of the Sheriff of Madison County as a detention officer who has served as a Madison County detention...
• Part 3 Funding.
• Section 45-45-232 Sale of abandoned, stolen, and unclaimed property
  (a) The Sheriff of Madison County, Alabama, is hereby authorized to sell at public auction, in the manner provided in this section, abandoned and stolen...
• Section 45-45-232.01 Fingerprinting fee
  (a) The Sheriff of Madison County may charge a fee of ten dollars ($10) for fingerprinting persons for passport identification, employment purposes, or other personal...
• Section 45-45-232.02 Forfeiture of weapons
  (a) Any device which is used as a weapon in the commission of a crime against any person or any device which is used as...
• Section 45-45-232.03 Service of process fee
  (a) In addition to all existing charges, fees, judgments, and costs of court, the clerk, sheriff, or other appropriate court official in the civil division...
• Section 45-45-232.04 Background check fee
  (a) The Sheriff of Madison County may charge a fee of ten dollars ($10) for a local criminal history background check on persons for passport...
• Part 4 Jails.
• Division 1 Jail Store.
• Section 45-45-233 Operation of jail store; disposition of funds
  (a) The Sheriff of Madison County is hereby authorized to operate a jail store within the confines of the county jail. The jail store shall...
• Section 45-45-233.01 Jail store; telephone and messaging system; Sheriff's Jail Account
  (a) The sheriff of Madison County may operate a jail store and a telephone and messaging system for inmates within the confines of the Madison...
• Division 2 Work and Pretrial Release.
• Section 45-45-233.20 Work release for gainful employment conducive to rehabilitation
  Any person who has been committed to the county jail or to any city jail in Madison County under a criminal sentence may be released...
• Section 45-45-233.21 Reporting to jail
  Any person who has been sentenced to the Madison County Jail or any city jail within Madison County and who has been ordered released under...
• Section 45-45-233.22 Failure to report to jail
  Any person released under Section 45-45-233.20, or ordered confined under Section 45-45-233.21, who wilfully fails to report for confinement as ordered shall be deemed to...
• Section 45-45-233.23 Earnings; Madison County Work Release and Pretrial Release Fund
  Any person released from jail pursuant to Section 45-45-233.20 shall pay to the county a sum equal to 25 percent of his or her gross...
• Section 45-45-233.24 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 45-45-233.25 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 45-45-233.26 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 45-45-233.27 Judicial officer
  As used in this subpart, the term judicial officer means, unless otherwise indicated, any circuit judge or equivalent thereof in the Twenty-third Judicial Circuit, any...
• Section 45-45-233.28 Release pending trial; conditions; order; notice
  (a) Any person in Madison County charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial...
• Section 45-45-233.29 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 45-45-233.30 Revocation of release - Violation of condition of release
  (a) A person who has been conditionally released pursuant to Section 45-45-233.28 and who has violated a condition of release, shall be subject to revocation...
• Section 45-45-233.31 Revocation of release - Probable cause of felony or misdemeanor
  (a) A person who has been conditionally released pursuant to Section 45-45-233.28 and as to whom there is probable cause to believe he or she...
• Section 45-45-233.32 Bribery
  Any person engaged in the business of undertaking to act as surety on bail bonds in Madison County, or any servant, agent, or employee of...
• Section 45-45-233.33 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 45-45-233.34 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 45-45-233.35 Madison County Work Release and Pretrial Release Commission
  (a) There is hereby created a body to be known as the Madison County Work Release and Pretrial Release Commission, hereinafter called the commission. The...
• Section 45-45-233.36 Transfer of funds; grants
  Any funds which have been collected pursuant to Act 895, 1975 Regular Session (Acts 1975, p. 1753) and Act 608, 1973 Regular Session (Acts 1973,...
• Section 45-45-233.37 Contempt of court
  Nothing in this subpart shall interfere with or prevent the exercise by any court of Alabama of its power to punish for contempt.
• Section 45-45-233.38 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 5 Pistol permit .
• Section 45-45-234 Pistol Permit
  (a)(1) In Madison County, the fees for the issuance of a license by the sheriff pursuant to Section 13A-11-75, to authorize a person to carry...
• Part 6 Supernumerary Sheriffs.
• Section 45-45-235 Participation in program
  (a) Any sheriff or any person who has served as Sheriff of Madison County who meets either of the following qualifications may elect to participate...
• Section 45-45-235.01 Salary deductions; benefits under program
  The governing body of Madison County shall begin deducting, upon May 8, 2001, and each month thereafter, from the salaries of such sheriffs an amount...
• Section 45-45-235.02 Service and contributions
  Any sheriff, serving on January 17, 1995, of Madison County who elects to participate in the supernumerary sheriff's program shall receive service for supernumerary status...
• Section 45-45-235.03 Supernumerary allowance
  Those persons eligible under either subsections (a) or (b) of Section 45-45-235, having served 30 years as a Madison County law enforcement officer, eight of...
• Section 45-45-235.04 Cost-of-living increases
  Those persons eligible under subsections (a) or (b) of Section 45-45-235 and 45-45-235.02 who may elect to become a supernumerary sheriff shall be entitled to...
• Section 45-45-235.05 Election of benefits
  If any sheriff is eligible for retirement benefits under any other county, state, or municipal retirement plan or act, then, in that event, he or...
• Article 24 Taxation.
• Part 1 Board of Equalization.
• Section 45-45-240 Salary supplements
  The county commission of Madison County is hereby authorized to provide county salary supplements for the members of the Madison County Board of Equalization in...
• Part 2 Exemptions.
• Section 45-45-241 Mayfair Towers Corporation
  In Madison County, all property owned by the Mayfair Towers Corporation, a Huntsville, Alabama, corporation, and used by the organization is hereby exempted from all...
• Section 45-45-241.01 Optimist Boys Center, Inc
  All property owned by the Optimist Boys Center, Inc., a Madison County nonprofit corporation organized under Section 10-4-250, and used for the promotion or betterment...
• Section 45-45-241.02 Huntsville Land Trust, Inc
  The Huntsville Land Trust, Incorporated, is hereby exempted from all county, local, or municipal ad valorem taxes on all property owned and used by the
• Section 45-45-241.03 Optimist Club of Hazel Green, Inc
  All property owned by the Optimist Club of Hazel Green, Incorporated, a Madison County nonprofit corporation, is hereby exempted from all county and local ad...
• Section 45-45-241.04 Monrovia Parks and Recreation Association
  In Madison County, the Monrovia Parks and Recreation Association is exempted from paying any county and municipal sales and use taxes, and all property owned...
• Section 45-45-241.05 Huntsville-Madison County Senior Center, Inc.; Madison Baseball Association; Youth Development Association, Inc.; Madison Dolphins Swim Team; Wesco Girls Softball Team; American Youth Soccer Organization, Region 498
  In Madison County, the Huntsville–Madison County Senior Center, Incorporated, the Madison Baseball Association, the Youth Development Association, Incorporated, the Madison Dolphins Swim Team, the Wesco...
• Part 3 Tax Assessor and Tax Collector.
• Section 45-45-242 Salary
  Beginning the next term of office of tax collector and tax assessor on October 1, 1991, the annual salary shall be forty-six thousand dollars ($46,000)....
• Section 45-45-242.01 Budgetary operations and functions
  (a) The Tax Assessor and Tax Collector of Madison County, respectively, shall each be responsible for the budgetary operations and functions of his or her...
• Part 4 Tax, Beer.
• Section 45-45-243 Disposition of funds - General fund
  Any law to the contrary notwithstanding, in Madison County, of the proceeds of the beer tax collected pursuant to Article 5B, commencing with Section 28-3-190,...
• Section 45-45-243.01 Disposition of funds - Senior Citizens' Prescription Drug Program
  The first twelve thousand dollars ($12,000) received by the Madison County Commission, pursuant to paragraph t. of subdivision (2) of subsection (c) of Section 28-3-190,...
• Part 5 Tax, Privilege or License.
• Section 45-45-244 Authorization; resolution
  (a) The Madison County Commission, by resolution adopted by a simple majority of the entire commission, may do the following: (1) Levy, provide for the...
• Section 45-45-244.01 Collection; disposition of funds
  Any privilege or license fee levied by the Madison County Commission shall be collected by the Madison County Commission, and the net proceeds from the...
• Part 6 Tax, Sales and Use.
• Section 45-45-245 Levy of tax for public school purposes
  (a) In order to provide funds for the operation of the public schools in School District One, Madison County, the governing body of Madison County...
• Part 7 Tax, Lodging.
• Section 45-45-246 Levy and collection; disposition of funds
  (a) There is levied and imposed, in addition to all other taxes of every kind now imposed by law, a privilege or license tax upon...
• Article 25 Utilities.
• Section 45-45-250 Emergency Telephone Service
  (a) The Madison County Commission shall enforce Sections 11-98-1 to 11-98-7, inclusive, as amended, relating to emergency telephone service and the procedures for rate setting...
• Section 45-45-250.01 Transfer of water from Tennessee River Basin
  (a) The Legislature of the State of Alabama finds the following: (1) It is in the best interest of the State of Alabama and the...
• Article 26 Zoning and Planning.
• Section 45-45-260 Reserved
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Last modified: May 3, 2021