Code of Alabama - Title 45: Local Laws - Chapter 46 - Marengo County

• Article 1 General and Miscellaneous Provisions.
• Section 45-46-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Marengo County local laws enacted after 1978 and all Marengo County prior...
• Article 2 Alcohlic Beverages.
• Section 45-46-20 Sale of beer or ale in cans
  (a) In Marengo County, in addition to all other containers provided for by law, beer or ale may be sold in cans that do not...
• Article 3 Boards and Commissions.
• Section 45-46-30 Reserved
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• Article 4 Business, Labor, and Occupations.
• Section 45-46-40 Branch banking
  Any bank whose principal place of business is situated in Marengo County, Alabama, may establish, maintain, and operate within the limits of Marengo County one...
• Article 5 Constables.
• Section 45-46-50 Reserved
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• Article 6 Coroner.
• Section 45-46-60 Expense allowance; mileage allowance
  (a) Retroactive to January 1, 1992, the Coroner of Marengo County, Alabama, shall be entitled to receive an expense allowance in the amount of four...
• Article 7 County Commission.
• Section 45-46-70 Board of Revenue established
  That there is hereby established a board of revenue for Marengo County consisting of four persons and the president, to be called the Board of...
• Section 45-46-70.01 Election of board president and members; districts
  At the general election of 1956, and every four years thereafter, there shall be elected by the qualified electors of the county a president of...
• Section 45-46-70.02 Powers and authority of board
  The board of revenue shall have the power and authority to direct and control the property of Marengo County as it may deem expedient, according...
• Section 45-46-70.03 Jurisdiction; performance of duties
  The board of revenue shall have all jurisdiction and powers which are now or may hereafter be by law vested in the courts of county...
• Section 45-46-70.04 Applicability of laws governing county commission
  All general laws hereafter enacted in relation to the jurisdiction, powers, authority, or duties of the county commissioners shall apply to and govern the Board...
• Section 45-46-70.05 President of board
  The president of the board of revenue shall be its presiding officer, and shall sign the minutes of the proceedings of the board of revenue,...
• Section 45-46-70.06 Clerk
  The board of revenue shall elect a clerk, and fix his or her compensation, and employ such other clerical assistance as may be necessary, and...
• Section 45-46-70.07 Sessions
  The board of revenue shall hold sessions on the second Tuesday of each month of every year, and may continue in session as long as...
• Section 45-46-70.08 Recordkeeping
  The board of revenue shall keep a correct register of all claims presented against the county showing the name of the claimant, the nature and...
• Section 45-46-70.09 Itemized list of fines and forfeitures
  It shall be the duty of the clerk and of the register of every court of record in Marengo County to render to the board...
• Section 45-46-70.10 Compensation of board members
  The members of the board of revenue shall each be entitled to ten dollars ($10) per day for each day of actual service rendered; five...
• Section 45-46-70.11 Consolidation of offices
  The Court of County Commissioners of Marengo County, as the same now exists, shall be and is hereby abolished, and the Judge of Probate of...
• Section 45-46-70.12 Oaths
  Before entering upon the discharge of their duties each member of the board of revenue shall take the same oaths that are now required by...
• Section 45-46-70.13 Bond
  Before entering upon the discharge of their duties, each member of the board of revenue shall give a good and sufficient bond, with good and...
• Section 45-46-70.14 Vacancies
  In case of a vacancy in the board of revenue, it shall be filled by appointment by the Governor, and the person so appointed shall...
• Section 45-46-70.15 Service in multiple offices
  No member of the board of revenue shall discharge the duties, either as principal or deputy, of any state or county officer, so long as...
• Section 45-46-70.16 Quorum
  Three members of the board of revenue shall constitute a quorum for the transaction of business.
• Section 45-46-70.17 Accounting
  Accounts shall be opened and kept by the county treasurer or county depository or bank in which the funds of the county are deposited, in...
• Section 45-46-70.18 Annual report
  The board of revenue shall, on to wit: October 1st of each year make a publication in a newspaper published in Marengo County, a report...
• Article 8 Courts.
• Part 1 Court Costs.
• Section 45-46-80 Additional fees - Service of process and service of subpoenas
  On May 1, 1982, all costs and charges of court in the Marengo County division of the Seventeenth Judicial Circuit of this state shall be...
• Section 45-46-80.01 Additional fees - Delivery of summons and other pleadings
  In addition to all court costs and fees now or hereafter authorized, and notwithstanding any other provision of the Constitution of Alabama of 1901, including...
• Part 2 District Attorney.
• Section 45-46-81 Reserved
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• Part 3 Funding.
• Section 45-46-82 Reserved
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• Part 4 Judicial Compensation.
• Section 45-46-83 Reserved
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• Part 5 Probate.
• Division 1 Fees.
• Section 45-46-84 Special index fee
  (a) In Marengo County, a special index fee of five dollars ($5) shall be collected by the judge of probate on each real or personal...
• Section 45-46-84.01 Special court filing fee
  (a) In Marengo County, a special court filing fee of ten dollars ($10) shall be collected by the judge of probate on all petitions that...
• Division 2 License Division.
• Section 45-46-84.20 License division created
  There is hereby created within the judge of probate's office of Marengo County a license division which shall issue all licenses heretofore or hereafter ordered...
• Section 45-46-84.21 Assessment and collection of taxes
  The judge of probate shall perform all duties relating to the assessment and collection of ad valorem taxes and casual sales and use taxes and...
• Section 45-46-84.22 Recordkeeping
  The judge of probate shall keep at all times an accurate record of all licenses received by him or her from the Comptroller and of...
• Section 45-46-84.23 Fees
  The judge of probate shall be entitled to charge and collect the same fees that are provided for by law. Refunds for licenses issued by...
• Section 45-46-84.24 Payment of tax prerequisite to issuance or transfer of license; certificate of assessment
  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 45-46-84.25 Vehicle information required for assessment
  Before any vehicle can be assessed, the judge of probate shall be furnished the tag number presently on the vehicle unless such vehicle is new,...
• Section 45-46-84.26 Renewal of license by mail; mail order fee
  The judge of probate, at his or her discretion, may annually mail an application for renewal of licenses to whom such license has been previously...
• Article 9 Economic and Industrial Development and Tourism.
• Section 45-46-90 Legislative findings
  (a) The Legislature has found and determined and does hereby declare that in Marengo County and in all municipalities situated in the county the following...
• Section 45-46-90.01 Definitions
  (a) Wherever used in this article, unless a different meaning clearly appears in the context, the following terms and others evidently intended as the equivalent...
• Section 45-46-90.02 Filing of application; resolution
  (a) A public corporation may be organized pursuant to this article in Marengo County. In order to incorporate such a public corporation, any number of...
• Section 45-46-90.03 Certificate of incorporation
  (a) Within 40 days following the adoption of an authorizing resolution, the applicants shall proceed to incorporate an authority by filing for record in the...
• Section 45-46-90.04 Amendments to certificate of incorporation
  (a) The certificate of incorporation of any authority incorporated under this article may at any time and from time to time be amended in the...
• Section 45-46-90.05 Board of directors
  Each authority shall be governed by a board of directors, who shall be appointed by the authorizing governing body. All powers of the authority, except...
• Section 45-46-90.06 Powers of the authority
  (a) The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To...
• Section 45-46-90.07 Charges for use of authority facilities
  Docking fees, toll fees, rents, and other charges for the use of the port, docks, and related facilities owned or operated by the authority shall...
• Section 45-46-90.08 Bonds of the authority
  (a) All bonds issued by the authority shall be signed by the chair of its board, or other chief executive officer, and attested by its...
• Section 45-46-90.09 Power to contract
  As security for payment of the principal of and the interest on bonds issued or obligations assumed by it, the authority may enter into a...
• Section 45-46-90.10 Lien on pledge of revenues
  Any pledge of revenues from the operation of facilities of an authority shall be valid and binding from the time it is made, and the...
• Section 45-46-90.11 Proceeds from the sale of bonds
  All moneys derived from the sale of any bonds issued by the authority shall be used solely for the purpose or purposes for which the...
• Section 45-46-90.12 Loans, sales, grants, etc., of money, property, etc., to the authority by counties, municipalities, etc
  For the purpose of aiding or cooperating with the authority in the planning, development, undertaking, construction, acquisition, extension, improvement, operation, or protection of any of...
• Section 45-46-90.13 Liability for civil damages
  The authority and the directors and officers thereof shall not be liable for any civil damages as a result of acts or omissions of such...
• Section 45-46-90.14 Exemption from taxation
  The property and income of the authority, all bonds issued by the authority, the income from such bonds, conveyances by or to the authority, and...
• Section 45-46-90.15 Freedom of authority from state supervision and control
  This article is intended to aid the state in the execution of its duties by providing appropriate and independent instrumentalities of the state with full...
• Section 45-46-90.16 Port director; administrative assistant; other employees
  The board shall have the power to employ a general administrative officer to supervise the operation of all port, dock, or other facilities of the...
• Section 45-46-90.17 Audit of records
  Within 30 days following the close of each fiscal year, the authority shall cause an audit of its books and records to be made for...
• Section 45-46-90.18 Dissolution of authority
  At any time when the authority has no bonds or other obligations outstanding, the board may adopt a resolution, which shall be duly entered upon...
• Section 45-46-90.19 Construction of article
  The provisions of this article are cumulative and shall not be deemed to repeal existing laws, except to the extent such laws are clearly inconsistent...
• Article 10 Education.
• Section 45-46-100 Composition of board; districts
  (a) The Board of Education of Marengo County shall consist of five members. (b) The five members of the Board of Education of Marengo County...
• Article 11 Elections.
• Section 45-46-110 Expense allowance for election officials working at polling places
  In Marengo County, election officials who work at polling places are hereby entitled to an additional per diem allowance in such an amount as will,...
• Section 45-46-110.01 Expense allowance for board members and chair
  (a) The chair and each member of the county board of equalization shall be entitled to fifty dollars ($50) per diem as expense allowance for...
• Article 12 Employees.
• Section 45-46-120 Ratification of payments
  All payments made to persons employed by Marengo County in the same manner as provided to state employees pursuant to Act 93-612, 1993 Regular Session...
• Article 13 Engineer, County.
• Section 45-46-130 Reserved
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• Article 14 Fire Protection and Emergency Medical Services.
• Section 45-46-140 Reserved
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• Article 15 Gambling.
• Section 45-46-150 Reserved
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• Article 16 Government Operations.
• Section 45-46-160 Reserved
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• Article 17 Health and Environment.
• Section 45-46-170 Board of health fees
  (a) The Marengo County Board of Health shall designate the services rendered by the county health department for which fees may be charged and shall...
• Article 18 Highways and Bridges.
• Section 45-46-180 Reserved
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• Article 19 Legislature.
• Section 45-46-190 Reserved
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• Article 20 Licenses and Licensing.
• Section 45-46-200 Reserved
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• Article 21 Motor Vehicles and Transportation.
• Section 45-46-210 Motor vehicle user fee
  (a) In Marengo County, in addition to all other charges, costs, taxes, or fees levied by law on the issuance of all motor vehicle license...
• Section 45-46-210.01 Additional issuance fee for motor vehicle tags
  (a)(1) For purposes of this section, the term motor vehicle means a motor vehicle as defined in Section 40-12-240, excluding any trailer qualifying as a...
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Section 45-46-220 Reserved
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• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-46-230 Deputies; clerical staff and jail personnel
  (a) The composition of the Sheriff's Department of Marengo County shall include no less than five deputies and one chief deputy; and any increase in...
• Section 45-46-230.01 Sheriff
  (a) Commencing on October 1, 1999, the Sheriff of Marengo County shall be entitled to an additional expense allowance in the amount of five thousand...
• Part 2 Fees and Funding.
• Section 45-46-231 Pistol permit fee
  (a) In Marengo County the fee for issuance of a permit to carry a pistol in a vehicle or concealed on or about the person...
• Section 45-46-231.01 Service fee
  (a) In addition to any other fees imposed by law, an additional fee of ten dollars ($10) shall be assessed for delivery by the sheriff...
• Part 3 Jails.
• Section 45-46-232 Jail store
  (a) The Sheriff of Marengo County, or the authorized agent of the sheriff, may operate a jail store for prisoners within the confines of the...
• Part 4 Retirement.
• Division 1 Benefits.
• Section 45-46-233 Receipt of badge and pistol upon retirement
  Any individual employed by the Marengo County Sheriff's Office as a law enforcement officer for a period of 10 years or more who retires from...
• Division 2 Supernumerary Sheriff.
• Section 45-46-233.20 Election to become Supernumerary Sheriff
  Any sheriff of Marengo County (1) who has served for 13 years as sheriff, and who becomes permanently and totally disabled, proof of such disability...
• Section 45-46-233.21 Salary; funding
  Each such supernumerary sheriff shall serve for life and receive from the county governing body in equal monthly installments, on the first of each month,...
• Section 45-46-233.22 Salary deductions
  The governing body of Marengo County shall immediately upon July 30, 1979, begin deducting from the salary of the sheriff an amount equal to six...
• Section 45-46-233.23 Participation
  If such sheriff is eligible for retirement under any county or state retirement act, such sheriff may elect to continue thereunder or may withdraw from...
• Article 24 Taxation.
• Part 1 Redemption of property.
• Section 45-46-240 Procedure for redemption of lands
  In Marengo County, Alabama, the procedure for redeeming lands sold for taxes in the county shall be the same as provided in Article 5, commencing...
• Part 2 Revenue Commissioner.
• Section 45-46-241 Consolidation of offices
  At the expiration of the terms of office, or if a vacancy occurs in either the office of tax assessor or the office of tax...
• Section 45-46-241.01 Duties of county revenue commissioner
  The county revenue commissioner shall do and perform all acts, duties, and functions required by law to be performed either by the tax assessor or...
• Section 45-46-241.02 Personnel
  Subject to the approval of the Marengo County Commission, the county revenue commissioner shall appoint and fix the duties and compensation of a sufficient number...
• Section 45-46-241.03 Bond
  Before entering upon the duties of the office the county revenue commissioner shall take the oath of office prescribed by Article XVI of the Constitution...
• Section 45-46-241.04 Office space and equipment
  The Marengo County Commission shall provide the necessary offices for the county revenue commissioner in the courthouse, and shall provide all stationery, equipment, and office...
• Section 45-46-241.05 Performance of duties, salary
  The county revenue commissioner shall collect and pay into the general fund of the county all fees, percentages, commissions, and other allowances which the tax...
• Section 45-46-241.06 Abolition of offices
  The offices of tax assessor and tax collector of Marengo County are hereby abolished effective on the first day of the term to which the...
• Section 45-46-241.07 Purpose
  It is the purpose of this part to conserve revenue and promote the public convenience in Marengo County by consolidating the offices of tax assessor...
• Part 3 Tax, Sales and Use.
• Division 1 1995 Tax.
• Section 45-46-242 Definitions
  As used in this subpart, state sales and use tax means the tax imposed by the state sales and use tax statutes including, but not...
• Section 45-46-242.01 Levy of tax; exemptions
  (a) The County Commission of Marengo County, in its discretion, may levy, in addition to all other taxes including, but not limited to, municipal gross...
• Section 45-46-242.02 Payment of tax
  The tax levied by the county commission pursuant to this subpart shall be collected by the State Department of Revenue or otherwise as provided by...
• Section 45-46-242.03 Addition of tax to sales price or admission fee
  Each person engaging or continuing in a business subject to the tax levied pursuant to this subpart, shall add to the sales price or admission...
• Section 45-46-242.04 Collections and enforcement
  The tax levied pursuant to this subpart shall constitute a debt due the county. The tax, together with any interest and penalties, shall constitute and...
• Section 45-46-242.05 Application of state statutes
  All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax,...
• Section 45-46-242.06 Charge for collection
  The department shall charge the county for collecting the tax levied pursuant to this subpart in an amount or percentage of total collections as may...
• Section 45-46-242.07 Issuance fee on motor vehicle tags or plates
  In addition to all other issuance fees currently provided by law, the county officer charged with the duty and responsibility of issuing motor vehicle license...
• Division 2 2004 Tax.
• Section 45-46-242.20 Definitions
  As used in this subpart, state sales and use tax means the tax imposed by the state sales and use tax statutes including, but not...
• Section 45-46-242.21 Levy of tax; exemptions
  (a) The County Commission of Marengo County may levy, in addition to all other taxes including, but not limited to, municipal gross receipts license taxes,...
• Section 45-46-242.22 Payment of tax
  The tax levied by this subpart shall be collected by the State Department of Revenue, or other entity as authorized by the county commission, at...
• Section 45-46-242.23 Addition of tax to sales price or admission fee
  Each person engaging or continuing in a business subject to the tax levied by this subpart, shall add to the sales price or admission fee...
• Section 45-46-242.24 Collections and enforcement
  The tax levied by this subpart shall constitute a debt due Marengo County. The tax, together with any interest and penalties, shall constitute and be...
• Section 45-46-242.25 Application of state statutes
  All provisions of the state sales and use tax statutes with respect to the payment, assessment, and collection of the state sales and use tax,...
• Section 45-46-242.26 Charge for collection; disposition of funds
  The department, or other entity, shall charge Marengo County for collecting the tax levied under this subpart in an amount or percentage of total collections...
• Part 4 Tax, Tobacco.
• Section 45-46-243 Levy of tax
  (a) Upon adoption of a resolution by the Marengo County Commission, the county commission may impose on every person, firm, or corporation that sells, stores,...
• Section 45-46-243.01 Tax to be added to sales price of tobacco products
  Every person, firm, corporation, club, or association that sells, stores, or receives, for the purpose of selling or storing in Marengo County, any cigarettes, cigars,...
• Section 45-46-243.02 Violations; powers and duties of department; unavailability of stamps
  (a) It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in the business in Marengo County for which the tax...
• Section 45-46-243.03 Application of state provisions
  All laws, rules, and regulations of the department relating to the manner and time of payment of the tax levied by Sections 40-25-1 to 40-25-28,...
• Section 45-46-243.04 Disposition of funds
  The proceeds from the tax authorized, less the amount or percentage of the actual cost of collection as may be agreed upon by the Commissioner...
• Section 45-46-243.05 Construction and application
  This subpart shall not be construed to apply to cigarettes, cigars, snuff, smoking tobacco, and like tobacco products stored by a wholesale dealer for the...
• Article 25 Utilities.
• Section 45-46-250 Reserved
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• Article 26 Zoning and Planning.
• Section 45-46-260 Reserved
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Last modified: May 3, 2021