Code of Alabama - Title 45: Local Laws - Chapter 49 - Mobile County

• Article 1 General and Miscellaneous Provisions.
• Part 1 Disclaimer.
• Section 45-49-10 Disclaimer
  (a) This chapter endeavors to add to the Code of Alabama 1975, all Mobile County local laws enacted after 1978 and all Mobile County prior...
• Part 2 Boundaries.
• Article 2 Alcoholic Beverages.
• Part 1 Conduct Prohibited in Licensed Establishments.
• Section 45-49-20 Legislative findings
  The Legislature finds that nudity, sexual conduct, and the depiction or simulation thereof in conjunction with the furnishing of alcoholic beverages in public places is...
• Section 45-49-20.01 Definitions
  The following words, terms, and phrases shall have the following meanings: (1) LICENSED ESTABLISHMENT. Any business operating pursuant to a license issued by the Alabama...
• Section 45-49-20.02 Prohibited entertainment, attire, and conduct
  The following types of entertainment, attire, and conduct are prohibited upon any premises of a licensed establishment within the unincorporated area of Mobile County: (1)...
• Section 45-49-20.03 Violations
  (a) Any person violating this part shall upon conviction be punished by a fine of not less than one dollar ($1) nor more than five...
• Part 2 Regulation of Certain Sales of Alcoholic Beverages.
• Division 1 Kegs.
• Section 45-49-21 Identification numbers; registration; documentation
  (a) Notwithstanding any other law to the contrary, when a licensee of the Alcoholic Beverage Control Board makes a retail sale in Mobile County, for...
• Division 2 Military Store Sales to Military Personnel.
• Section 45-49-21.20 Legislative findings
  (a) The Legislature is cognizant of Opinion of the Justices No. 376, issued April 9, 2002, which states that a local bill for Washington County...
• Section 45-49-21.21 Possession of alcoholic beverages by active military personnel, etc
  (a) Notwithstanding Section 28-1-3.1, any person 21 years of age or over who is on active duty, in active reserve status, or retired from the...
• Part 3 Sunday Sales.
• Division 1 Sale and Distribution of Alcoholic Beverages on Sunday.
• Section 45-49-22 Election on Sunday sale and distribution of alcoholic beverages
  The Mobile County Commission is hereby mandated to call and provide for holding an election among the voters of Mobile County to determine whether or...
• Section 45-49-22.01 Subsequent elections
  Regardless of the result of the initial election mandated by Section 45-49-22, or the result of any subsequent election held pursuant to the following provisions...
• Section 45-49-22.02 Notice; qualified voters; conduct of elections
  The Mobile County Commission shall cause notice of any election held pursuant to this subpart to be given to the voters of Mobile County by...
• Section 45-49-22.03 Lawful activities upon affirmative vote
  If a majority of the voters voting in any election held pursuant to this subpart vote Yes, then, upon the proper certification and declaration of...
• Section 45-49-22.04 Effects of election
  If a majority of the voters voting in any election held pursuant to this subpart vote Yes, the activities enumerated in Section 45-49-22.03 which shall...
• Division 2 On-Premises Consumption.
• Section 45-49-22.30 Authorization
  (a) In addition to any other authority for the sale of alcoholic beverages on Sunday, the governing body of any municipality within Mobile County, or...
• Part 4 Wine Sales.
• Section 45-49-23 Purpose
  The legislative intent and purpose of this part is to provide a structure for the business relations between a wholesaler and a supplier of wine...
• Section 45-49-23.01 Definitions
  (a) The following words or phrases, or the plural thereof, whenever they appear in this part, unless the context clearly requires otherwise, shall have the...
• Section 45-49-23.02 Wholesale licensees; exclusive sales territories
  Each supplier of wine licensed by the board authorizing such licensee to sell its wine within the State of Alabama shall sell its wine through...
• Section 45-49-23.03 Prohibited activities Supplier
  A supplier is prohibited from doing the following: (1) Failing to provide each wholesaler of the supplier's brand or brands with a written agreement which...
• Section 45-49-23.04 Prohibited activities Wholesaler
  A wholesaler is prohibited from doing the following: (1) Failing to devote reasonable efforts and resources, within supplier's designated sales territory, to the sale and...
• Section 45-49-23.05 Conditions of amendment, modification, termination, etc., of agreement
  (a) Notwithstanding any agreement and except as otherwise provided for in this part, a supplier shall not: amend or modify an agreement; cause a wholesaler...
• Section 45-49-23.06 Transfer of wholesaler business
  (a) Upon written notice of intent to transfer the wholesaler's business, any individual owning or deceased individual who owned an interest in a wholesaler may...
• Section 45-49-23.07 Compensation for violation; arbitration
  (a) Except as provided for in this part, a supplier that has amended, modified, cancelled, terminated, or refused to renew any agreement; or has caused...
• Section 45-49-23.08 Waiver of rights; voluntary settlements
  A wholesaler may not waive any of the rights granted in this part and the provisions of any agreement which would have such an effect...
• Section 45-49-23.09 Agreements governed by this part; transferees; successors
  (a) This part shall apply to agreements in existence on May 13, 1993, as well as agreements entered into or renewed after May 13, 1993....
• Section 45-49-23.10 Remedies
  (a) If a supplier engages in conduct prohibited under this part, a wholesaler with which the supplier has an agreement may maintain a civil action...
• Article 3 Boards and Commissions.
• Part 1 Indian Commissions.
• Section 45-49-30 Mowa Band of the Choctaw Indian Commission of Mobile County, Alabama
  There is created and established in Mobile County a commission to be known as the Mowa Band of the Choctaw Indian Commission of Mobile County,...
• Section 45-49-30.01 Purpose
  The purpose of this commission shall be to deal fairly and effectively with Indian affairs to bring local, state, and federal resources into focus for...
• Section 45-49-30.02 Duties
  It shall be the duty of the commission to study, consider, accumulate, compile, assemble, and disseminate information on any aspect of Indian affairs; to investigate...
• Section 45-49-30.03 Composition
  (a) The commission shall be composed of seven members, five of whom shall be Choctaw Indians residing in Mobile County. The two additional members may...
• Section 45-49-30.04 Executive director; staff and consultants
  The commission, subject to county or other funds that would accrue to the commission, may employ an executive director, and also subject to county or...
• Section 45-49-30.05 Meetings
  (a) The commission shall meet quarterly, and at any other such time that it shall deem necessary. Meetings may be called by the chair or...
• Section 45-49-30.06 Annual report
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• Section 45-49-30.07 Fiscal records; annual audit; bond
  (a) Fiscal records shall be kept by the executive director or his or her designee, if applicable, otherwise by the commission chair and shall be...
• Part 2 Youth Athletic Board.
• Section 45-49-31 Created; associations represented
  (a) There is created and established the Mobile County Youth Athletic Board, hereinafter referred to as the board. Each of the below listed associations shall...
• Section 45-49-31.01 Composition
  (a) Members of the board first shall be appointed as follows: (1) The members from Semmes Dixie Youth Association and Semmes Dixie Majors Association for...
• Section 45-49-31.02 Officers; compensation
  A chair and a vice-chair shall be elected by the board from among its members. In the absence or incapacity of the chair, the vice-chair...
• Section 45-49-31.03 Powers and duties
  The board shall have the power and it shall be its duty to distribute to the various member associations the tax proceeds as provided in...
• Section 45-49-31.04 Registration requirements
  Each association enumerated in Section 45-49-31 shall register youth under 19 years of age who reside outside the corporate limits of incorporated municipalities in Mobile...
• Section 45-49-31.05 Funding
  The tax proceeds distributed to Mobile County pursuant to Article 10, commencing with Section 28-3-280, of Chapter 3, Title 28, shall be transferred by the...
• Section 45-49-31.06 Annual audit
  Each association shall submit an annual audit to the board on or before April 30th of each year as to how the funds were spent...
• Section 45-49-31.07 Distribution of funds
  (a) If, after the board has distributed fifteen dollars ($15) per capita to each association, there is additional money from the tax proceeds as provided...
• Article 4 Business, Labor, and Occupations.
• Part 1 Barbers
• Section 45-49-40 Applicability
  This part shall apply to all counties having a population of not less than 300,000 nor more than 500,000 inhabitants, according to the last or...
• Section 45-49-40.01 Definitions
  (a) As used in this part, unless the context otherwise requires, the following terms have the following meanings: (1) APPRENTICE. Any person practicing in a...
• Section 45-49-40.02 County board of barber commissioners
  (a) There is created a Barbers' Commission for the County of Mobile. The Governor shall appoint three persons, each of whom, immediately prior to the...
• Section 45-49-40.03 Rulemaking authority
  (a) The board shall have authority to make reasonable rules for the administration of this part. Copies of all rules adopted by the board shall...
• Section 45-49-40.04 Apprentice qualifications
  (a) Any person shall be qualified to receive a license as an apprentice barber provided he or she satisfies all of the following: (1) Is...
• Section 45-49-40.05 Barber qualifications
  Any person having made application for a barber license shall be qualified to receive such license to practice as a barber provided he or she...
• Section 45-49-40.06 Application of non-resident barbers or apprentices
  (a) Any person who is at least 18 years of age and of good moral character and temperate habits, who has a license as a...
• Section 45-49-40.07 Application for license; renewal
  (a) Any person desiring to practice barbering, or desiring to practice as an apprentice barber, shall file with the secretary of the board a written...
• Section 45-49-40.08 Examinations
  (a) The board shall conduct examinations for applicants for licenses to practice as barbers and as apprentices at least four times each year, at such...
• Section 45-49-40.09 Barber shop operator qualifications
  A person shall be qualified to receive a barber shop operator's license provided he or she satisfies all of the following: (1) Holds a barber's...
• Section 45-49-40.10 Persons entitled to license without initial examination
  Any present resident of the county to which this part applies, who holds a license as a barber or apprentice, or any barber school or...
• Section 45-49-40.11 Examinations
  The following are exempted from this part: (1) Persons licensed by law of this state to practice medicine, surgery, osteopathy, or chiropractic. (2) Commissioned medical...
• Section 45-49-40.12 Certificate required; display of certificate
  (a) It shall be unlawful for any person to engage in the practice of, or attempt to practice, barbering without a certificate of registration as...
• Section 45-49-40.13 Fees
  The board of barber commissioners shall charge and collect the following fees: (1) The original as well as any subsequent examination fee for barber or...
• Section 45-49-40.14 Issuance of license to persons in armed forces who held license at time of entry into service
  Any person who, after, September 8, 1961, shall enter the active military or naval service of the United States, or of this state, and who,...
• Section 45-49-40.15 Grounds for suspension, revocation, or refusal to issue a renewed license
  The board is vested with the power and authority to refuse to issue or renew as well as the power to suspend or revoke any...
• Section 45-49-40.16 Hearings
  (a) No action in refusing to issue or renew or in suspending or revoking a license for any of the causes enumerated in Section 45-49-40.15...
• Section 45-49-40.17 Barber school prerequisites
  (a) An application for a license and approval as a registered school or college of barbering shall contain, under oath, all of the following: (1)...
• Section 45-49-40.18 Enforcement of other sanitation provisions; employment of maid or porter; penalties; oath of commissioners
  (a) Nothing contained in this part shall be construed to prevent the Department of Public Health or any local board of health or other board...
• Part 2 Liquid Goods Dealers.
• Section 45-49-41 Definitions
  For purposes of this part, the following terms have the following meanings: (1) COMMUNITY OF INTEREST. A continuing financial interest between the grantor and the...
• Section 45-49-41.01 Construction and application
  (a) This part shall be liberally construed and applied to promote its underlying remedial purposes and policies. (b) This part shall govern dealership agreements for...
• Section 45-49-41.02 Termination, modification, etc., of dealership agreement - Good cause required
  No grantor, directly or through any officer, agent, or employee, may terminate, cancel, fail to renew, or amend or modify a dealership agreement without good...
• Section 45-49-41.03 Termination, modification, etc., of dealership agreement Notice
  Provided good cause exists for the purposes of an amendment or modification, termination, cancellation, nonrenewal, or discontinuance of a dealership agreement, a grantor shall provide...
• Section 45-49-41.04 Repurchase of inventory
  If a dealership agreement is terminated by a grantor, the grantor, at the option of the dealer, shall repurchase all inventories sold by the grantor...
• Section 45-49-41.05 Competing product lines or brands
  It shall be a violation of this part for a grantor to prevent a dealer from having an investment in, or holding a dealership agreement...
• Section 45-49-41.06 Remedies
  If any grantor violates this part, a dealer may bring an action against the grantor in the Circuit Court of Mobile County for damages sustained...
• Section 45-49-41.07 Irreparable injury; temporary injunction
  In any action brought against a grantor under this part, any violation of this part by the grantor may be deemed by a court of...
• Section 45-49-41.08 Relation to other laws; rights of transferees and successors
  (a) This part applies to a new or existing dealership agreement for the sale or distribution of liquid goods within Mobile County, Alabama. However, the...
• Part 3 Massage Parlors.
• Section 45-49-42 Legislative findings
  The Legislature of the State of Alabama declares and finds that the business of operating massage parlors as defined herein are businesses affecting the public...
• Section 45-49-42.01 Definitions
  (a) MASSAGE. The manipulations of the soft tissue of the human body either by hand or with mechanical or electrical apparatus. The term does not...
• Section 45-49-42.02 License required
  It shall be unlawful for any person to operate a massage parlor without first having acquired from the county governing body a license for the...
• Section 45-49-42.03 Health and sanitary requirements
  Any massage parlor licensed by the county governing body shall at all times comply with all health regulations, rules, and requirements as shall now or...
• Section 45-49-42.04 Cleanliness
  (a) No towels, wash clothes, or other linen items shall come in contact with the body or any other part thereof of any customer or...
• Section 45-49-42.05 Use of massage parlor as dormitory or place of sleep
  No massage parlor shall be used as and for dormitory or place of sleep, nor shall any licensee under this part permit any massage parlor...
• Section 45-49-42.06 Massages at licensed locations only
  No massages shall be administered or applied by any licensee hereunder or any employee, operator, or attendant while working for such licensee, except in or...
• Section 45-49-42.07 Treatment prohibited behind locked doors
  No masseur, masseuse, or other employee or attendant in any massage parlor shall apply or administer any massage or other treatment to any person behind...
• Section 45-49-42.08 Health examination
  Subsequent to March 20, 1981, it shall be unlawful for any masseur, masseuse, or other employee or attendant to administer massages in any massage parlor...
• Section 45-49-42.09 Services rendered only when establishment open to public; inspections
  It shall be unlawful for any person to render any service to the public upon the premises of a massage parlor within the county except...
• Section 45-49-42.10 Use of establishment for unlawful behavior; termination of license
  (a) It shall be unlawful for the owner, manager, or supervisor of a massage parlor within the county to allow, authorize, or tolerate in his...
• Section 45-49-42.11 Services rendered only by persons of same sex; violation
  It shall be unlawful for any person to operate a massage parlor, regardless of whether it is a public or private facility, or any bath...
• Section 45-49-42.12 Unlawful to provide or advertise for services including genital touching
  It shall be unlawful for any masseur, masseuse, attendant, or person employed in a massage parlor within the county to massage or in any way...
• Section 45-49-42.13 Revocation of license
  Any license issued hereunder by the county governing body upon the violation of any section, requirement, or provision of this part by the licensee or...
• Section 45-49-42.14 Penalties
  Any person who shall violate any provision or section of this part for which a penalty is not otherwise provided, upon conviction thereof, shall be...
• Part 4 Precious Metals Buyers.
• Section 45-49-43 License required
  It shall be unlawful for anyone to conduct, pursue, or carry on the business of purchasing second-hand gold or silver, whether in the form of...
• Section 45-49-43.01 License tax
  The license tax levied against buyers as described in Section 45-49-43 shall be five hundred dollars ($500) per calendar year. There shall be no half-year
• Section 45-49-43.02 Application - Requirements
  Applicants for license under this part shall file with the license commission a sworn application in writing, in duplicate, on a form to be furnished...
• Section 45-49-43.03 Application - Fee
  At the time of filing the application for the permit required by Section 45-49-43, a fee of ten dollars ($10) shall be paid to the...
• Section 45-49-43.04 Application - Investigation; qualifications; appeals
  Upon receipt of an application for the license required by Section 45-49-43, the original shall be referred to the chief of police of the city...
• Section 45-49-43.05 License requirements
  The license required by Section 45-49-43 shall contain the signature of the license commission and shall show the name, address, and photographs of the licensee,...
• Section 45-49-43.06 Record of licenses
  The license commission shall keep a permanent record of all licenses issued under this part.
• Section 45-49-43.07 Records of purchases; transcripts
  Each applicant who secures a license under this part for purchasing gold or silver in any form set out in Section 45-49-43 shall keep a...
• Section 45-49-43.08 Registration
  Each licensee under this part, after the beginning of business, shall promptly register with the chief of police or sheriff, in a book kept for...
• Section 45-49-43.09 Inspections
  The books and records kept by each licensee of the articles described in Section 45-49-43, shall be open for inspection by the chief of police...
• Section 45-49-43.10 Identifying numbers
  Each licensee under this part purchasing gold or silver in any form set out in Section 45-49-43 shall attach to or place on each such...
• Section 45-49-43.11 Property held for inspection or examination
  The property of the kind described in Section 45-49-43 shall be held in the same form, shape, or condition in which they were purchased, without...
• Section 45-49-43.12 Construction of terms
  The word applicant, when used herein, shall include the plural where applicable, and all agents, officers, servants or employees of the applicants if the applicant...
• Section 45-49-43.13 Application of part; violations
  This part shall be binding upon every employee or agent of the buyer of the articles described in Section 45-49-43, and it shall be unlawful...
• Section 45-49-43.14 Exemptions
  Anyone who has operated a jewelry store or business with a jewelry license for three years prior to May 7, 1981, is hereby exempt from...
• Section 45-49-43.15 Disposition of funds
  All revenues payable to the county under this part shall be paid into the county treasury to the credit of the county general fund.
• Article 5 Constables.
• Section 45-49-50 Qualifications, Constable Regulatory Board of Mobile; suspensions
  (a) In Mobile County, no person shall hold the office of constable unless the person has successfully completed the minimum standards and training for peace...
• Article 6 Coroner.
• Section 45-49-60 Reserved
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• Article 7 County Commission.
• Part 1 Compensation.
• Section 45-49-70 Salary
  (a) The members of the Mobile County Commission, the governing body of Mobile County, shall each receive an annual salary of fifty-seven thousand dollars ($57,000)....
• Part 2 Duties.
• Section 45-49-71 Cost of advertising local bills
  The Mobile County Commission is hereby required to pay the cost of advertising local bills in Mobile County within 30 days from receipt of the
• Section 45-49-71.01 Monthly report of receipts and expenses; annual examination of books and accounts
  (a) The Mobile County Commission shall cause to be printed and upon request be distributed to any newspapers within the county, and to any members...
• Section 45-49-71.02 Landfill projects and dirt pits
  (a) Whenever the Mobile County Commission deems it to be in the public interest to approve a landfill project to be established anywhere in the...
• Section 45-49-71.03 Borrowing money for general county purposes; repayment
  (a) The Mobile County Commission is authorized and empowered to borrow money in anticipation of the collection of taxes for the fiscal year subsequent to...
• Section 45-49-71.04 Levy and collection of additional privilege license taxes, excise taxes, and sales and use taxes
  (a) Subject to any limitation of the Constitution of Alabama of 1901, or of any general law of this state, the Mobile County Commission or...
• Section 45-49-71.05 Donations to organized voluntary fire department or rescue squad; maintenance or repair of nonprofit public organization property; reimbursement of costs
  (a) The Mobile County Commission may donate money, property, equipment, services, or other things of value to any organized voluntary fire department or organized voluntary...
• Part 3 Membership.
• Division 1 Membership.
• Section 45-49-72 Creation; composition
  There is created, and shall be established on the first Monday after the second Tuesday in January, 1961, the County Commission of Mobile County, which...
• Section 45-49-72.01 Election of commissioners; qualifications; election of president of commission; vacancies
  (a) Members of the commission shall be elected at the general election to be held in November 1960, and every four years thereafter, by the...
• Section 45-49-72.02 Jurisdiction and powers
  Except as otherwise provided in this subpart, the County Commission of Mobile County shall have all the jurisdiction and powers which are or may hereafter...
• Section 45-49-72.03 President of the commission
  The president of the commission shall be its presiding officer and shall have the same powers and authority as other members in passing upon all...
• Section 45-49-72.04 Salaries
  The members of the County Commission of Mobile County shall devote their full time to the discharge of their official duties. Effective for the term...
• Section 45-49-72.05 Meetings; recordkeeping
  The County Commission of Mobile County shall hold regular meetings on the second Monday of every month, and shall remain in session until all business...
• Division 2 Vacancies.
• Section 45-49-72.20 Special election
  Whenever a vacancy occurs in any seat on the Mobile County Commission with 12 months or more remaining on the term of the vacant seat,...
• Article 8 Courts.
• Part 1 General Provisions.
• Section 45-49-80 Administrative secretary for circuit judge assigned to department of Investigation and Recovery
  The circuit judge assigned to the Department of Investigation and Recovery of the Thirteenth Judicial Circuit may appoint a qualified person to serve as an...
• Section 45-49-80.01 Trial sheets; case action summary sheets
  (a) In the Thirteenth Judicial Circuit of Alabama, all orders and decrees may be made and entered by circuit judges sitting in and for the...
• Part 2 Compensation.
• Division 1 Bailiffs.
• Section 45-49-81 Supplemental salary - Circuit or District Court
  In addition to the salaries paid to the bailiffs serving in the Circuit or District Court of the Thirteenth Judicial Circuit by the state, there...
• Section 45-49-81.01 Supplemental salary - District court
  In addition to the salaries paid to the bailiffs serving in the District Court of the Thirteenth Judicial Circuit by the state, there shall also...
• Division 2 Circuit Court Clerks, District Court Clerks, Circuit Court Registers, County Administrators of Estates, and Confidential Secretaries.
• Section 45-49-81.20 Supplemental salary - Register and Clerk
  The salaries of each the Register of the Circuit Court and the District Court Clerk of Mobile County, Alabama, of the Thirteenth Judicial Circuit, may...
• Section 45-49-81.21 Expense allowance - Circuit Court Clerk, Register, and Administrator of Estates
  (a) The Mobile County Commission is hereby allowed, at their discretion, to pay the circuit court clerk, the County Administrator of Estates, and the Register...
• Section 45-49-81.22 Expense allowance - District Court Clerk
  The Mobile County Commission is hereby authorized, at its discretion, to pay the District Court Clerk of the Thirteenth Judicial Circuit an expense allowance in...
• Section 45-49-81.23 Supplemental salary - Supernumerary clerks and register
  In Mobile County, in addition to any and all other compensation provided by law, the several supernumerary clerks of the circuit court and the supernumerary...
• Section 45-49-81.24 Supplemental salary - Confidential secretaries
  In addition to the salaries paid to the confidential secretaries serving in the circuit or district courts of the Thirteenth Judicial Circuit by the state,...
• Section 45-49-81.25 Supplemental salary - Circuit clerk
  In Mobile County in addition to the salary paid to the Circuit Clerk of the Thirteenth Judicial Circuit by the state, there shall also be...
• Division 3 Circuit Court Judges.
• Section 45-49-81.40 Supplemental salary
  (a) In Mobile County in addition to the salaries paid to each of the Circuit Judges of the Thirteenth Judicial Circuit by the state, there...
• Section 45-49-81.41 Compensation to circuit judges entitled to purchase prior service credit
  The Mobile County Commission shall pay annual compensation to any circuit judge in the Thirteenth Judicial Circuit who is entitled to purchase any prior service...
• Division 4 District Court Judges.
• Section 45-49-81.60 Supplemental salary
  In addition to the salary paid to each district court judge in the Thirteenth Judicial Circuit by the state, there also shall be payable to...
• Section 45-49-81.61 Semiretired or retired district judges
  Any semiretired or retired district judge in the Thirteenth Judicial Circuit shall commence to receive as additional compensation payable from the treasury of the county,...
• Part 3 Court Costs.
• Section 45-49-82 Additional court costs - All cases docketed in circuit court
  (a) In each civil action at law, suits in equity, criminal case, or any other proceeding which has originated or may hereafter originate in the...
• Section 45-49-82.01 Additional court costs - Civil and criminal cases
  (a)(1) In Mobile County, in any case in which court costs are assessed in the circuit court of the county, both civil and criminal cases,...
• Section 45-49-82.02 Additional court costs - Domestic violence cases
  In addition to all other costs and charges in circuit, district, and municipal court cases in Mobile County, there shall be levied and assessed a...
• Section 45-49-82.03 Additional court costs - Mobile County Public Law Library
  (a) In addition to any court costs currently provided by law in the Thirteenth Judicial Circuit in Mobile County, there shall be levied in all...
• Part 4 District Attorney.
• Division 1 Compensation.
• Section 45-49-83 Salary supplement
  In addition to the salary paid to the District Attorney in the Thirteenth Judicial Circuit by the state, there also shall be paid to the...
• Division 2 Employees.
• Section 45-49-83.20 Assistant city attorney
  The governing body of any city or town in any county in the State of Alabama having, according to the last or any future federal...
• Division 3 Recovery Unit.
• Section 45-49-83.40 Purpose
  (a) This subpart shall apply only in the Thirteenth Judicial Circuit in Mobile County. (b) The purpose of this subpart is to ensure that court-ordered...
• Section 45-49-83.41 Creation; procedures; collection and distribution of funds; enforcement
  The District Attorney for the Thirteenth Judicial Circuit of Alabama may establish a Recovery Unit of the Special Services Division. The district attorney, after electing...
• Section 45-49-83.42 Other authorized methods collection
  In addition to this subpart, all other authorized methods to collect delinquent court fines, costs, victim compensation assessments, bail bonds, forfeitures, penalty payments, restitution, or...
• Part 5 Law Library.
• Section 45-49-84 Establishment and maintenance; library fee; law library fund
  (a) The County Commission of Mobile County is authorized to establish and maintain a public law library in the county and, to accomplish that purpose,...
• Section 45-49-84.01 Salary supplement - Law librarian
  In Mobile County, in addition to any other compensation heretofore provided by law, the county law librarian is authorized to receive a salary supplement of...
• Part 6 Probate Court.
• Division 1 General Provisions.
• Section 45-49-85 Indexing system
  (a) The following words, phrases, and terms including the plural of any thereof, whenever used in this section, shall have the following respective meanings: (1)...
• Section 45-49-85.01 Instrument requirements; liability
  (a) The judge of probate shall not receive for record or permit the recording of an instrument in which the title to real property, or...
• Section 45-49-85.02 Sale of voter lists to certain candidates
  In Mobile County, notwithstanding any law to the contrary, the judge of probate is hereby authorized to sell, at the rate of five cents ($0.05)...
• Section 45-49-85.03 Additional surcharge for recordation of instruments subject to deed or mortgage tax
  (a) The Judge of Probate of Mobile County shall assess an additional surcharge at the rate of ten dollars ($10) per instrument for all documents...
• Section 45-49-85.04 Additional recording fee; methods of archiving court records
  (a) In Mobile County, a special recording fee of two dollars ($2) shall be collected by the judge of probate on each real or personal...
• Section 45-49-85.05 Electronic signatures; transmittal or exchange of documents in electronic format
  (a) In Mobile County, the judge of probate and chief clerk of the probate court may utilize a computer generated, digitized electronic signature of the...
• Division 2 Divisions.
• Section 45-49-85.20 Administrative divisions
  (a) The Judge of Probate of Mobile County, may in his or her discretion, create and establish administrative divisions in his or her office as...
• Division 3 Employees.
• Section 45-49-85.40 Administration expenses
  The Mobile County Commission may appropriate funds from the county general fund in the annual budget of the judge of probate for expenditures by the...
• Section 45-49-85.41 General administrator
  Upon the effective date of the repeal of Act 3, 1890 Regular Session, and Act 91-373, 1991 Regular Session, the Mobile County Commission may appropriate...
• Section 45-49-85.42 Temporary judges of probate
  (a)(1) If the regularly elected Judge of Probate of Mobile County is incompetent from any legal cause, incapacitated, absent or will be absent from sickness,...
• Division 4 Estates.
• Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority of judges of probate; procedures in administration of estates
  (a) That the probate courts in all counties of this state which now have or may hereafter have a population of over 300,000 and less...
• Article 9 Economic and Industrial Development and Tourism.
• Part 1 Industrial Parks.
• Section 45-49-90 Definitions
  Whenever used in this part, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall...
• Section 45-49-90.01 Purpose; liberal construction
  (a) It is the intent of the Legislature by the passage of this part to authorize the incorporation in Mobile County of public corporations to...
• Section 45-49-90.02 Authority to incorporate; participation of municipality
  (a) Whenever any number of natural persons, not less than three, shall file with the governing body of Mobile County an application in writing for...
• Section 45-49-90.03 Certificate of incorporation - Requirements
  (a) The certificate of incorporation of any corporation organized under this part shall set forth all of the following: (1) The names and residences of...
• Section 45-49-90.04 Certificate of incorporation - Filing, approval, and recording
  (a) When executed and acknowledged in conformity with Section 45-49-90.03, the certificate of incorporation shall be filed with the judge of probate of the county....
• Section 45-49-90.05 Certificate of incorporation Amendments
  (a) If any corporation formed under this part has accidentally or inadvertently failed to comply with the requirements of this part in its organization, such...
• Section 45-49-90.06 Board of directors
  The corporation shall have a board of directors in which all powers of the corporation shall be vested and which shall consist of any number...
• Section 45-49-90.07 Powers of corporation; location of industrial park
  (a) The corporation shall have all of the following powers, together with all powers incidental thereto or necessary for the performance of those stated in...
• Section 45-49-90.08 Bonds of the corporation
  (a) All bonds issued by the corporation shall be payable solely out of the revenues and receipts derived from the leasing or sale by the...
• Section 45-49-90.09 Notice of bond resolution
  (a) Upon the adoption by the board of directors of any resolution providing for the issuance of bonds, the corporation, in its discretion, may cause...
• Section 45-49-90.10 Liability of county or municipalities
  Neither the county, nor any municipality located therein, shall be liable for the payment of principal of or interest on any bonds of the corporation...
• Section 45-49-90.11 Earnings of the corporation
  The corporation shall be a nonprofit corporation and no part of its net earnings remaining after payment of its expenses shall inure to the benefit...
• Section 45-49-90.12 Dissolution of corporation
  (a) Whenever the board of directors of the corporation shall by resolution determine that the purposes for which the corporation was formed have been substantially...
• Section 45-49-90.13 Recording of instruments
  The certificate of incorporation of the corporation or any amendment thereof, any deeds or other documents whereby properties are conveyed to the corporation, any mortgages...
• Section 45-49-90.14 Exemption from taxation
  The corporation, all properties at any time owned by it and income therefrom of the corporation, all bonds issued by the corporation and the income...
• Section 45-49-90.15 Sales of parcels of property
  The sales price of any part of an industrial park shall be no less than the greater of the consideration for purchase paid by the...
• Section 45-49-90.16 Construction of part
  Neither this part nor anything contained in this part shall be construed as a restriction or limitation upon any powers which the corporation might otherwise...
• Part 2 Fowl River Planning and Land Use Control District.
• Section 45-49-91 Authority to create district
  (a) This part shall apply only in Mobile County. (b) A planning and land use control district may be created pursuant to this part in...
• Section 45-49-91.01 Election to establish district
  An election on the establishment of the district shall be held within the boundaries of the district if a written petition is submitted to the...
• Section 45-49-91.02 Petition requirements
  The petition shall state that those persons signing the petition request an election be held in the district to determine whether or not the citizens...
• Section 45-49-91.03 Call for election
  The county commission may not call for an election without the petition required by this part.
• Section 45-49-91.04 Certification of petition
  The judge of probate, with assistance from the revenue commissioner of the county, shall certify the accuracy of the petition within 30 days of receipt...
• Section 45-49-91.05 Notice of election
  Notice of the election shall be published in a newspaper of general circulation in the county at least once a week for four successive weeks...
• Section 45-49-91.06 Election results - Negative
  If a majority of the qualified electors in the district voting in an election on the question vote in the negative, then the land in...
• Section 45-49-91.07 Election results - Affirmative
  If a majority of the qualified electors in the district voting in an election on the question vote in the affirmative, then the land in...
• Section 45-49-91.08 Establishment of district
  No more than 30 days following a majority vote by the qualified electors in the district affirmatively authorizing planning and land use control authority for...
• Section 45-49-91.09 Composition of board; terms
  (a) The board shall be composed of seven members, with position numbers and initial terms as follows: (1) Positions One and Four, one year upon...
• Section 45-49-91.10 Administrative office; funding
  For the purpose of carrying out the objectives of this part, the board may establish an administrative office to provide administrative and technical support for...
• Section 45-49-91.11 Contracting powers; finances
  The board may contract with county or city planners, engineers, architects, attorneys, and other public or private consultants and with any local, regional, state, or...
• Section 45-49-91.12 Adoption of master plan
  The board shall make and adopt a comprehensive master plan for the physical and economic development of the district, applying the same standards and responsibilities...
• Section 45-49-91.13 Surveys and studies; purpose and effect of master plan
  The board shall make careful and comprehensive surveys and studies of the present conditions and future growth existing within the district and with due regard...
• Section 45-49-91.14 Land use standards
  The board is authorized and expected to provide land use standards for the district, applying the same standards and responsibilities applicable to a municipal planning...
• Section 45-49-91.15 Notice requirements
  Prior to the adoption of a proposed master plan for the district or of any district land use ordinance or regulation, or amendment thereto, notice...
• Section 45-49-91.16 Certificate of compliance for land use
  Whenever the board has adopted a master plan for the district, no street, square, park, or other public way ground or open space, public building...
• Section 45-49-91.17 Violations
  In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any subdivision is established, or land used in violation...
• Section 45-49-91.18 Appeals to Mobile County Commission
  (a) Appeals to the Mobile County Commission may be taken by any aggrieved person. The appeal shall be taken as provided by the rules of...
• Section 45-49-91.19 Appeals to circuit court
  Any party aggrieved by any final judgment or decision of the Mobile County Commission may within 15 days thereafter appeal to the Circuit Court of...
• Section 45-49-91.20 Application of other provisions
  Wherever the regulations made under authority of this part require a greater width or size of yards, or open spaces, or require a lower height...
• Section 45-49-91.21 Land use control fee
  The Mobile County Commission shall levy upon owners of any real property located within the district which has elected to come under the jurisdiction of...
• Section 45-49-91.22 Construction of part
  The authority of the board pursuant to this part shall not conflict with present or future regulations or policies of any agency of the State...
• Section 45-49-91.23 Utilization of land; compliance with ordinance
  A property owner or his or her heirs may continue to utilize a parcel of land in the manner in effect as of the effective...
• Article 10 Education.
• Part 1 Board of School Commissioners.
• Division 1 Compensation.
• Section 45-49-100 Additional compensation
  Notwithstanding any other provision of law, beginning with the next term of office and thereafter, the compensation of the members of the Mobile County Board...
• Division 2 Finances.
• Section 45-49-100.20 Annual appropriation
  (a) The Mobile County Commission shall appropriate annually for a period of 10 years the sum of one million two hundred thousand dollars ($1,200,000) from...
• Section 45-49-100.21 Monthly financial report
  (a) Beginning January 15, 1992, and on the fifteenth of each month thereafter, the Board of School Commissioners for Mobile County shall publish a summary...
• Division 3 Membership.
• Section 45-49-100.40 Powers of board
  The board of school commissioners shall be entitled to receive, levy, assess, and collect all devises, revenues, and taxes to which they were by law...
• Section 45-49-100.41 Vacancies; recordkeeping
  The board of school commissioners shall have power to fill any and all vacancies that may occur therein or in the office of superintendent, and...
• Part 2 School Bus Safety Act.
• Section 45-49-101 Short title
  This part shall be known and may be cited as the Mobile County School Bus Safety Act.
• Section 45-49-101.01 Definitions
  The following definitions and provisions shall apply to this part: (1) BOARD. A county or city board of education, or the governing body of a...
• Section 45-49-101.02 Civil enforcement of violations
  Any county or city board of education located in Mobile County may authorize a process of civil enforcement of a school bus violation pursuant to...
• Section 45-49-101.03 Adoption of electronic school bus enforcement program fines
  (a) A county or city board of education located in Mobile County may approve the use of electronic devices to detect school bus violations by...
• Section 45-49-101.04 Notice of violation; destruction of images and information
  (a) After review of the violation by law enforcement, any county or municipal governing body or law enforcement office located in Mobile County operating an...
• Section 45-49-101.05 Payment of fees
  The owner of a vehicle that has been issued a notice of violation shall be responsible for payment of the civil fine unless the owner...
• Section 45-49-101.06 Transfer of responsibility for payment of fine
  (a) The owner may not be responsible for payment of the civil fine resulting from a notice of violation if each of the following conditions...
• Section 45-49-101.07 Contesting notice of violation; procedures
  (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this part if the operator of...
• Section 45-49-101.08 Appeals
  A person who contests a notice of violation and is adjudicated by the court to be responsible for the civil fine may appeal the adjudication...
• Section 45-49-101.09 Exception when identity of owner cannot be reliably established
  If the evidence produced by an electronic device does not produce an image or video of the license plate with sufficient clarity for a law...
• Section 45-49-101.10 Civil violations under part
  (a) A civil violation of this part may not result in any punishment of a criminal nature, may not count as points and may not...
• Section 45-49-101.11 Relation to uniform traffic ticket and complaint
  Adoption by a county or city board of education located in Mobile County, of the procedures under this part and the enforcement of this part...
• Section 45-49-101.12 Cause of action by owner against actual operator
  (a) Any person who is held responsible for payment of a civil fine as provided herein, but who was not actually operating the involved vehicle,...
• Part 3 Schools.
• Division 1 General Provisions.
• Section 45-49-102 Minimum age requirements
  A child who is five years of age on or before October 1 shall be entitled to admission to the Mobile County public kindergartens at...
• Section 45-49-102.01 Teacher units allocated for instruction of gifted children
  In Mobile County, 20 percent of all teacher units in each school system in the county now allocated for the instruction of exceptional children shall...
• Section 45-49-102.02 Martin Luther King's birthday designated a legal holiday for school system purposes
  The Mobile County Board of School Commissioners is hereby directed to designate Martin Luther King's birthday as a legal holiday. Schools shall be closed on...
• Section 45-49-102.03 Mobile County High School renamed Grand Bay High School
  In Mobile County, Mobile County High School shall henceforth be officially named and called Grand Bay High School. This section in no manner shall alter...
• Section 45-49-102.04 Student dress code policy
  (a) The Legislature finds and declares each of the following: (1) The children of Mobile County have the right to an effective public school education....
• Division 2 Site-Based Management.
• Section 45-49-102.20 School-based decision making pilot programs
  (a) By January 1, 1999, the Mobile County School Board shall adopt a policy for implementing pilot programs for school-based decision making beginning with the...
• Section 45-49-102.21 School council - Creation; composition
  Each public school in a pilot program shall form a school council which shall be composed of three parent representatives, two teachers, and the principal...
• Section 45-49-102.22 School council Teacher and parent representatives
  The teacher representatives in a pilot program shall be selected for two-year terms by a majority of voting teachers at the school. The parent representatives...
• Section 45-49-102.23 School council - Training course
  No member of a school council in a pilot program shall participate in any vote or decision of the school council until the member has...
• Section 45-49-102.24 School council - School policies
  Subject to applicable state and federal laws, the school council in a pilot program shall participate in setting school policy which shall provide an environment...
• Section 45-49-102.25 School council - Meeting frequency and agenda
  The school council in a pilot program shall determine the frequency of and agenda for their meetings but shall meet at least once a month....
• Section 45-49-102.26 School council - Open meetings
  The meetings of the school council in a pilot program shall be open to the public and all interested persons may attend. Notwithstanding the foregoing,...
• Section 45-49-102.27 Budgeting
  The school board shall adopt a policy establishing which monies may be budgeted and spent by a school council in a pilot program. The school...
• Section 45-49-102.28 Fiscal duties of principal
  The principal of each school in a pilot program shall be responsible for the collection and allocation of all sums and monies as determined by...
• Section 45-49-102.29 Personnel decisions
  The school board shall adopt a policy for filling a vacancy in the position of principal at each school that will allow for significant input...
• Section 45-49-102.30 Authority to control, assign, or transfer students
  The school council in a pilot program shall not have authority to control, assign, or transfer individual students and this authority shall remain with the...
• Section 45-49-102.31 Policy areas implemented by principal
  Subject to applicable state and school board guidelines and statutory state and federal provisions, the school council in a pilot program shall adopt a policy...
• Section 45-49-102.32 Additional policy requirements
  Subject to applicable state guidelines and statutory provisions, the policy adopted by the school board to implement school-based decision making shall also address the following:...
• Section 45-49-102.33 Powers and liability
  In addition to the authority granted to a school council in a pilot program in this subpart, the school board may grant to a school...
• Section 45-49-102.34 Professional development
  The school board shall provide professional development activities to assist schools in implementing school-based decision making.
• Section 45-49-102.35 Application for approval of alternative model for implementing school-based decision making
  A school selected to the pilot program may choose to be exempt from the administrative structure set forth by this subpart and may develop a...
• Section 45-49-102.36 Disposition of funds
  Except as otherwise provided in this subpart, all funds to be allocated to the school councils in a pilot program that are administered by or...
• Part 4 Superintendent.
• Section 45-49-103 Election; officers and agents; oath
  The Mobile County Board of School Commissioners shall elect a county superintendent of education, who shall hold his or her office for the period of...
• Section 45-49-103.01 Duties; compensation; removal; bond
  The county superintendent of education shall be ex officio a member and treasurer of the board of school commissioners, and it shall be his or...
• Article 11 Elections.
• Part 1 Board of Registrars.
• Section 45-49-110 Absentee registration of persons residing in nursing homes and persons permanently disabled
  (a)(1) Persons currently residing in nursing and convalescent homes and permanently disabled persons confined to home in Mobile County shall be entitled to register to...
• Section 45-49-110.01 No registration within 15 days prior to elections
  The Board of Registrars of Mobile County, or their duly authorized deputies, shall not register any person as a qualified elector within 15 days prior...
• Section 45-49-110.02 Meeting dates and locations for voter registration and voter reidentification; transportation and expense allowances for board members
  (a)(1) The Mobile County Board of Registrars shall be available each year, between August 1 and July 31, at the county courthouse, or at other...
• Section 45-49-110.03 Extension of meeting days authorized
  (a) The County Commission of Mobile County is hereby authorized to extend, by resolution duly adopted and spread upon its minutes, the meeting days of...
• Section 45-49-110.04 Deputy registrars; monthly meetings; monthly and annual reports
  (a) In Mobile County, in addition to any and all other laws relating to voter registration, there shall be at least two additional deputy registrars...
• Part 2 Election Officials.
• Section 45-49-111 Instruction of election officials
  (a) Not less than five days before an election or primary election, the authority charged with holding the same shall cause to be held a...
• Section 45-49-111.01 Compensation
  (a) In Mobile County, the compensation of the election officers holding general, special, primary, and municipal elections shall be two hundred dollars ($200) per day...
• Section 45-49-111.02 Appointment of clerks as election officers; compensation
  In Mobile County, the appointing board may appoint clerks as election officers, not to include inspectors and chief clerks, to work on a split shift...
• Part 3 Polling Places.
• Section 45-49-112 Distribution of campaign materials prohibited within 600 feet of polling place on election day
  Any person who distributes, whether by gift or sale, any election campaign literature, pamphlets, buttons, stickers, or other election campaign materials within 600 feet of...
• Section 45-49-112.01 Hours of operation
  All polling places within Mobile County shall remain open between the hours of 7:00 a.m. and 7:00 p.m. for all state and local elections held...
• Article 12 Employees.
• Part 1 Civil Service System.
• Section 45-49-120 Definitions
  In this part, words used in the masculine gender include the feminine and neuter genders, and words used in the neuter gender include the masculine...
• Section 45-49-120.01 Unclassified Service
  The following shall be in the unclassified service: (1) Officials elected by popular vote and, in case of death, resignation, or removal, their legal substitute....
• Section 45-49-120.02 Personnel department - Creation
  There is hereby created and established, in and for Mobile County, of the State of Alabama, a personnel department, with a citizens supervisory committee, a...
• Section 45-49-120.03 Personnel department - Purpose
  The personnel department created by this part shall, to the extent set out in this part, govern and control, by civil service rules, regulations, and...
• Section 45-49-120.04 Supervisory committee
  (a) There is hereby established the Supervisory Committee of the Mobile County Personnel Board. The supervisory committee hereby created shall succeed to and exercise all...
• Section 45-49-120.05 Alternate method of selection of board
  In the event the committee shall for 30 days after September 15, 1939, fail for any reason to elect the personnel board or in the...
• Section 45-49-120.06 Personnel board
  (a)(1) The personnel board shall consist of five members designated respectively as Member 1, Member 2, Member 3, Member 4, and Member 5, each of...
• Section 45-49-120.07 Personnel director
  The board shall elect and fix the salary of the director who shall hold office at the will of the board. The board shall prescribe...
• Section 45-49-120.08 Rulemaking authority
  (a) The director shall recommend such rules as he or she may consider necessary, appropriate, or desirable to carry out this part, and may from...
• Section 45-49-120.09 Classification
  The director shall, as soon as practicable after September 15, 1939, ascertain and record an outline of the duties of each position in the classified...
• Section 45-49-120.10 Pay plan
  (a) After consultation with appointing authorities, or other officers, or both, the director shall prepare and recommend to the board a pay plan for all...
• Section 45-49-120.11 Tests
  The director shall conduct tests to establish employment registers for the various classes of positions in the classified service. The director shall so conduct the...
• Section 45-49-120.12 Vacancies
  Vacancies in the classified service shall be filled either by promotion, appointment, transfer, or demotion. The appointing authority shall notify the director when a vacancy...
• Section 45-49-120.13 Promotions
  Vacancies in positions shall be filled by the appointing authority and, as far as practicable, the same shall be filled by promotion from among regular...
• Section 45-49-120.14 Appointments
  (a) Whenever a vacancy is to be filled by an appointment, the appointing authority shall submit to the director a statement of the position and,...
• Section 45-49-120.15 Transfers
  An appointing authority, at any time, may assign a classified employee under his or her jurisdiction from one position to another in the same class....
• Section 45-49-120.16 Demotions
  An appointing authority, upon giving written notice, stating reasons, to and with the approval of the director, may demote a classified employee under his or...
• Section 45-49-120.17 Provisional appointments
  Whenever in the opinion of the director it is impossible within a reasonable time to certify eligible persons for appointment to a vacancy in the...
• Section 45-49-120.18 Working test period
  (a) Entry level or initial employment, or both. (1) Every person appointed to an initial position with each jurisdiction for entry into the classified service...
• Section 45-49-120.19 Service ratings
  In cooperation with authorities, the director shall establish, and may from time to time amend, standards of performance and output for employees in each class...
• Section 45-49-120.20 Layoffs
  In accordance with the rules adopted under this part, an appointing authority may layoff an employee in the classified service whenever he or she deems...
• Section 45-49-120.21 Dismissals
  (a) An appointing authority may dismiss a classified employee whenever he or she considers the good of the service will be served thereby, for reasons...
• Section 45-49-120.22 Suspensions
  (a) An appointing authority may suspend a regular employee whenever he or she considers the good of the service will be served thereby, for reasons...
• Section 45-49-122.23 Political activities prohibited
  (a) No person shall be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or in any way favored...
• Section 45-49-120.24 Pension or retirement plan
  The board shall cause a thorough investigation to be made of the possibilities of establishing a pension plan or system of retirement benefits for employees...
• Section 45-49-120.25 Investigations
  The board or its designated agent shall make studies upon all matters touching the enforcement and the effect of this part and the rules and...
• Section 45-49-120.26 Corrupt practices
  (a) No person shall make any false statement, certificate, mark, rating, or report with regard to any test, certification, or appointment made under this part...
• Section 45-49-120.27 Certification of payroll
  (a) It shall be unlawful for any county or city official, officer, or employee, or any other officer, to pay or to cause to be...
• Section 45-49-120.28 Attendance of witnesses; fees; false oaths
  Any person who shall be served with a subpoena, issued in the course of an investigation or hearing conducted under this part, to appear and...
• Section 45-49-120.29 Expenses
  The salaries and expenses of suitable regular office quarters, and all other expenses of the personnel board, the personnel director, and all other expenses arising...
• Section 45-49-120.30 Use of public buildings
  It shall be the duty of all officers of the county and city to allow the reasonable use of buildings and rooms and to heat...
• Section 45-49-120.31 Legal services
  If this part or its enforcement by the director or the board shall be called into question in any judicial proceeding or if any person...
• Section 45-49-120.32 Records of the department
  The records of the department, except such records as the rules may require to be held confidential for reasons of public policy, shall be public...
• Section 45-49-120.33 Court proceedings
  Orders of the personnel director and personnel board may be enforced by mandamus, injunction, quo warranto, or other appropriate proceedings in a court of competent...
• Section 45-49-120.34 Equal opportunity
  No persons shall be denied the opportunity to take any test or examination given under authority of the board solely because of race, color, creed,...
• Section 45-49-120.35 Persons with disabilities
  (a) The Director of the Mobile County Personnel Board, upon request of an appointing authority, shall add to any certification of three applicants eligible for...
• Part 2 Miscellaneous Provisions.
• Section 45-49-121 Merit system
  (a) On or before September 1, 1980, all full-time employees of the Mobile Housing Board shall be placed under the classified service of the merit...
• Section 45-49-121.01 Election and procedures to determine whether Utilities Board of Town of Citronelle subject to civil service system
  (a) The following definitions apply to this section: (1) ELECTION. The employees of the utilities board shall vote through secret ballot to determine if the...
• Article 13 Engineer, County.
• Section 45-49-130 Verification for acceptance of subdivisions
  In Mobile County, for purposes of subsection (c) of Section 11-24-2, verification is accomplished upon the satisfactory completion of an administrative review by the county...
• Article 14 Fire Protection and Emergency Medical Services.
• Part 1 Fire Fighting and Emergency Medical Services Districts.
• Division 1 Creation.
• Section 45-49-140 Definitions
  The following words and terms as used in this subpart shall have the following meanings ascribed to them, unless a contrary meaning is apparent from...
• Section 45-49-140.01 Establishment of districts
  Any area situated entirely within the county may be established as a district for fighting fires as provided herein. Provided, however, no land lying within...
• Section 45-49-140.02 Petition for elections
  (a) Upon a petition being filed in the office of the judge of probate of the county, the judge of probate shall order an election...
• Section 45-49-140.03 Timing of elections
  When a petition for the holding of any election is filed with the judge of probate, the judge of probate shall order the election sought...
• Section 45-49-140.04 Application of election laws
  The provisions of the election laws governing the registration of voters, equipment at polling places, furnishing of supplies, appointment of election officers, voting, and canvassing...
• Section 45-49-140.05 Notice of election
  The judge of probate shall give notice of any election held under this subpart by publishing for three weeks, at least once a week, on...
• Section 45-49-140.06 Payment of election expenses
  (a) Where an election is held on the question of the establishment of a district, the county commission shall pay for the necessary expense of...
• Section 45-49-140.07 Approval by voters
  No district shall be created unless it is approved by the majority of votes cast at the election at which the proposed creation is submitted....
• Section 45-49-140.08 Board of trustees
  (a) The affairs and business of the district shall be managed by a board of trustees consisting of five members who shall be elected by...
• Section 45-49-140.09 Powers of district; taxation exemption
  (a) The district shall constitute a public corporation, which shall have the power to do any and all acts or things necessary and convenient for...
• Section 45-49-140.10 Service charges - Levy and collection
  (a) The expense of establishing and maintaining a district shall be paid for by the proceeds of a service charge which shall be levied and...
• Section 45-49-140.11 Service charges - Election
  (a) No service charge shall be levied unless the same has been first approved by the majority of the votes cast at an election held...
• Section 45-49-140.12 Enlargement of district
  (a) A district may be enlarged, provided, that no area lying within a municipality at the time of the enlargement shall be brought within the...
• Section 45-49-140.13 Abolition of district
  (a) Any district may be abolished in the manner provided for in this section; provided, however, that no district shall be abolished or diminished when...
• Division 2 Turnerville Fire Protection District.
• Section 45-49-140.30 Scope
  For purposes of this subpart, the term affected area shall mean that portion of the Turnerville fire protection district that is proposed to be included...
• Section 45-49-140.31 Election to expand police jurisdiction
  A municipal police jurisdiction shall not expand into the Turnerville fire protection district unless the expansion into the affected area is approved by unanimous consent...
• Section 45-49-140.32 Approval of expansion
  If the planned expansion of a municipal police jurisdiction includes any portion of the Turnerville fire protection district, the owners of property located and contained...
• Section 45-49-140.33 Election requirements
  (a) If the planned expansion of a municipal police jurisdiction includes any portion of the Turnerville fire protection district, the council or governing body of...
• Section 45-49-140.34 Election to be omitted from police jurisdiction
  The owners of property located and contained within an affected area created before May 6, 1988, pursuant to the unanimous petition and election procedures specified...
• Part 2 Fire Protection Program.
• Section 45-49-141 Participation in Alabama Forestry Commission's fire protection program
  The County Commission of Mobile County is authorized, when the need exists, to provide protection against forest fires in Mobile County by participating in the...
• Section 45-49-141.01 Financial charge or tax
  (a) After the Mobile County Commission has determined that such a need does exist in Mobile County, the county commission, in the manner hereinafter specified,...
• Section 45-49-141.02 Determination of areas and owners to be charged
  The county governing body of Mobile County is authorized to appoint agents and delegate authority to individuals to search out forest lands in Mobile County,...
• Section 45-49-141.03 Payment; disposition of funds
  The tax herein imposed shall be due and payable to the Tax Collector of Mobile County, and shall, when collected, be paid to the Treasurer...
• Section 45-49-141.04 Removal of financial charge or tax
  The County Commission of Mobile County is authorized to remove such financial charge or tax after the county commission has determined that the financial charge...
• Part 3 Volunteer Fire Departments.
• Section 45-49-142 Definitions
  For the purposes of this part, the following words shall have the following meanings: (1) COMMERCIAL BUILDING. Any building, structure, or other improvement to real...
• Section 45-49-142.01 Creation of North Mobile County Volunteer Fire Department Board
  (a) The Mobile County Commission may create a North Mobile County Volunteer Fire Department Board, hereinafter referred to as the board. (b) The jurisdiction of...
• Section 45-49-142.02 Duties of board
  The board shall review and evaluate the delivery of volunteer fire services to owners of dwellings and commercial buildings within the unincorporated area in Mobile...
• Section 45-49-142.03 Rulemaking authority; service fee
  Upon receiving the report from the board, the Mobile County Commission shall adopt all rules necessary to provide for and facilitate the adequacy of fire...
• Section 45-49-142.04 Billing and collection of service fee
  The fire protection and suppression service fee shall be effective upon adoption by the Mobile County Commission and shall be billed and collected annually by...
• Section 45-49-142.05 Disposition of funds
  The proceeds of the fire protection and suppression service fee levied shall be paid into the Mobile County General Fund. The Mobile County Commission may...
• Section 45-49-142.06 Authorized expenditures; recordkeeping
  The remaining proceeds from this part shall be distributed among the volunteer fire departments serving residents in Mobile County Commission District 1 and which have...
• Section 45-49-142.07 Municipal funding unaffected
  Municipal funding to any volunteer fire department may not be diminished, diverted, or eliminated because of the supplemental funding provided in this part.
• Section 45-49-142.08 Auditing; improper expenditures
  All funds distributed to the volunteer fire departments under this part may be audited by the Mobile County Commission at any time, but not less...
• Section 45-49-142.09 Investment of excess funds
  If the Mobile County Commission finds or determines that the funds provided by this part, after the deductions for administrative costs and investment, exceed the...
• Section 45-49-142.10 Construction and purpose of service fee
  Any fire protection and suppression service fee levied pursuant to this part shall not be construed as a tax on property. The fire protection and...
• Article 15 Gambling.
• Part 1 Mobile County Bingo Act.
• Section 45-49-150 Short title
  This part shall be known and may be cited as the Mobile County Bingo Act.
• Section 45-49-150.01 Definitions
  As used in this part, the following words shall have the following meanings as ascribed herein, unless the context clearly indicates otherwise: (1) BINGO. That...
• Section 45-49-150.02 Bingo games - Authorized
  The operation of bingo games for prizes or money by qualified organizations for bona fide charitable, educational, or other lawful purposes shall be legal in...
• Section 45-49-150.03 Bingo games - Permit required
  (a) No qualified organization shall be permitted to operate a bingo game unless the sheriff first issues a permit to the organization authorizing it to...
• Section 45-49-150.04 Bingo games - Application for permit
  (a) A qualified person or organization which does not hold a bingo permit pursuant to Section 45-49-150.03, may apply for a special permit for conducting...
• Section 45-49-150.05 Bingo games - Contents and display of permit
  (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 45-49-150.06 Bingo games - Certain activities prohibited; value of prizes
  (a) It is the intention of the Legislature that only qualified organizations which are properly issued bingo permits and other licenses, pursuant to this part,...
• Section 45-49-150.07 Bingo games - Fees
  (a) All bingo permit fees collected by the sheriff under this part shall be paid into the Mobile County General Fund. (b)(1) An entertainment fee...
• Section 45-49-150.08 Bingo games - Disposition of proceeds
  (a) The net proceeds of a bingo game shall be devoted to the charitable purposes of the bingo permit holder. All reasonable expenses incurred in...
• Section 45-49-150.09 Bingo games Management and operation
  (a) Bingo may not be conducted with any equipment which is not owned, being purchased, or being rented at a reasonable rate by the bingo...
• Section 45-49-150.10 Recordkeeping
  Each bingo permit holder shall maintain the following records pertaining to each and every session of bingo: (1) The total number of bingo players at...
• Section 45-49-150.11 Maintenance of records; inspection of premises
  (a) A copy of the records required in Section 45-49-150.10 shall be filed with the sheriff on or before the 15th of each month and...
• Section 45-49-150.12 Revocation of permits
  (a) For good cause shown, the sheriff may revoke any bingo permit issued pursuant to this part if the bingo permit holder or any officer,...
• Section 45-49-150.13 Effect of revocation
  (a) A bingo permit holder whose bingo permit is revoked in consequence of a violation of this part or rule promulgated under this part is...
• Section 45-49-150.14 Violations
  Any officer, director, agent, member, or employee of the bingo permit holder who violates this part, on first conviction, shall be guilty of a Class...
• Section 45-49-150.15 Jurisdiction
  The Circuit Court of Mobile County shall have jurisdiction to restrain or enjoin violations of this part.
• Section 45-49-150.16 Seizure and forfeiture of contraband
  Any device, equipment, record, money, or stakes used in any bingo game or operation in violation of this part, may be contraband and may be...
• Section 45-49-150.17 Applicability of other laws
  Any other law providing a penalty or disability upon a person who conducts or participates in bingo games, who possesses equipment used in conducting bingo,...
• Section 45-49-150.18 Permit limitations
  (a) The total number of bingo permit holders in Mobile County, other than special permits, shall be limited to 50 during any 12-month period. (b)...
• Section 45-49-150.19 Applicability of rules or regulations
  Bingo permit holders shall be subject to any and all rules or regulations promulgated and set forth by rule of the sheriff under this part.
• Part 2 Racing Commission and Racetracks.
• Division 1 Racing Commission.
• Section 45-49-151 Creation; composition; public records
  (a) There is created and established the Mobile County Racing Commission, the same being referred to as the racing commission or the commission. The commission...
• Section 45-49-151.01 Qualifications of members
  (a) The members of the commission shall be qualified electors not less than 19 years of age, who shall have resided in the county for...
• Section 45-49-151.02 Compensation
  The compensation of each member of the commission shall be two thousand one hundred dollars ($2,100) per month. One member of the commission shall be...
• Section 45-49-151.03 Treasurer
  The Mobile County Treasurer shall be ex officio treasurer of the racing commission, and shall receive from the racing commission all funds received by the...
• Section 45-49-151.04 Legal counsel
  The racing commission shall have the authority to employ legal counsel of its selection to advise the commission and represent it in all proceedings. The...
• Section 45-49-151.05 Duties of commission
  The racing commission shall implement this subpart and shall have the following specific duties: (1) To set dates upon which race meetings may be operated,...
• Section 45-49-151.06 Inspection of books, records, etc
  All books, records, maps, documents, and papers of the commission, including those filed with the commission as well as those prepared by or for it,...
• Section 45-49-151.07 Racing days - Requirements; broadcast races
  (a) Any person, association, or corporation desiring to operate a racetrack in the county shall hold and conduct one or more race meetings at the...
• Section 45-49-151.08 Racing days - Sunday excluded; minimum age for employment or attendance
  No race or racing shall be permitted on Sunday. No person under 19 years of age shall be employed in any manner about the racetrack...
• Section 45-49-151.09 Application for permit or license
  (a) On or before the 15th day of October of each year, any person, association, or corporation possessing the qualifications prescribed in this subpart may...
• Section 45-49-151.10 Suspension or revocation of license
  The commission may suspend or revoke the license of any licensee conducting a race meeting, upon the willful violation of this subpart, or any rule...
• Section 45-49-151.11 Production of documents, etc.; removal of certain licensee employees; recordkeeping; inspections; witnesses
  The commission is empowered to compel the production of any and all books, memoranda, or documents showing the receipts and disbursements of any person, association,...
• Section 45-49-151.12 Licensing powers
  The commission shall have the power to grant, refuse, suspend, or with draw licenses to or to otherwise penalize all persons connected with racetracks including,...
• Section 45-49-151.13 Pari-mutuel wagering
  (a) The commission shall make rules governing, permitting, and regulating the wagering on dog races under the form of mutuel wagering by patrons known as...
• Section 45-49-151.14 Tax due on pari-mutuel pools; distribution of contributions; capital improvement fund
  (a) Every licensee conducting race meetings pursuant to this subpart shall pay to the racing commission for its use, a tax on the total contributions...
• Section 45-49-151.15 Admission tax on free passes or complimentary cards
  If any free passes or complimentary cards shall be issued to guests by any licensee, such licensee shall nevertheless be responsible for payment of the...
• Section 45-49-151.16 Relation to other taxes
  The license fees, commissions, and excise taxes imposed herein shall be in lieu of all license, excise, and occupational taxes to the State of Alabama,...
• Section 45-49-151.17 Disposition of funds
  (a) All fees, commissions, taxes, and other monies, including fines and forfeitures, received under this subpart shall be paid to the racing commission and shall...
• Section 45-49-151.18 State or county fair associations
  This subpart shall not apply to the running of races conducted by any state fair association or county fair association which holds not more than...
• Section 45-49-151.19 Violations of subpart
  Any corporation, association, or person who directly or indirectly holds any dog race without having procured a license as prescribed in this subpart, shall be...
• Section 45-49-151.20 Eligibility of applicants and licensees
  No person who engages in the practice of professional gambling on dog races, or in the practice of making gambling or wagering books on such...
• Section 45-49-151.21 Manipulation of race outcomes
  Any person who shall influence or have any understanding or connivance with any owner, groom, or other person associated with or interested in any kennel,...
• Section 45-49-151.22 Transmission or communication of racing information
  (a) It shall be unlawful for any person to transmit or communicate to another by any means whatsoever the results, changing odds, track conditions, or...
• Division 2 Racetracks.
• Section 45-49-151.40 Limitations on construction or operation of racetrack in county
  (a) The Mobile County Commission shall not license the construction or operation of any racetrack, for any purpose, in an area of the county that...
• Section 45-49-151.41 Limitation on construction or operation of racetrack outside Prichard and Saraland
  (a) This section relates only to Mobile County and only to lands located outside of the municipalities of Prichard and Saraland. (b) The Mobile County...
• Article 16 Government Operations.
• Part 1 General Provisions.
• Section 45-49-160 Competitive bids for lease of warehouse storage, office space, etc
  (a) Whenever any political subdivision of Mobile County or any agency of such subdivision deems it necessary to lease any warehouse, storage, shop, office space,...
• Section 45-49-160.01 Interest earned form deposit of certain funds
  Notwithstanding any provision of law to the contrary, any and all interest earned from deposits of funds made by the tax collector, license commissioner, county...
• Section 45-49-160.02 Reimbursement of license commissioner, judge of probate, revenue commissioner, county treasurer, or county commission for monetary loss; due care
  (a) The Mobile County governing body shall reimburse the office of license commissioner, judge of probate, revenue commissioner, county treasurer, or Mobile County Commission, from...
• Section 45-49-160.03 Reimbursement of Accounts Department of Domestic Relations Division of Thirteenth Judicial Circuit for monetary loss; due care
  (a) The Mobile County governing body shall reimburse the Accounts Department of the Domestic Relations Division of the Thirteenth Judicial Circuit, from the general fund...
• Section 45-49-160.04 Payments by credit card
  (a) For purposes of this section, the term credit card includes any credit card, charge card, or debit card issued by any bank, foreign lender,...
• Part 2 Office of Treasurer.
• Section 45-49-161 Salary
  (a) Effective upon the expiration of the current term of office, the county treasurer of Mobile County shall be paid an annual county salary of...
• Section 45-49-161.01 Expense allowance
  The Treasurer of Mobile County shall receive an automobile expense allowance from the county of fifty dollars ($50) per week as reimbursement for the use...
• Section 45-49-161.02 Election to become supernumerary county treasurer
  (a) Any county treasurer in Mobile County: (1) Who has served for 15 years as such official and is totally and permanently disabled to serve...
• Article 17 Health and Environment.
• Part 1 Environment.
• Division 1 General Provisions.
• Section 45-49-170 Mobile County Litter Control Act
  (a)(1) Recognizing the rapid growth of the County of Mobile and the need for a healthful, clean, and beautiful environment; and further recognizing that the...
• Section 45-49-170.01 Rulemaking authority relating to certain landscaping and commercial development
  (a) The Mobile County Commission is hereby authorized and empowered to promulgate and implement such rules and regulations relating to the landscaping and commercial development...
• Section 45-49-170.02 Best management practices in certain agricultural and forestry operations
  (a) In Mobile County, best management practices shall be required for forestry and agriculture on any land within the J.B. Converse Lake Watershed as designated...
• Section 45-49-170.03 Leash laws; enforcement
  The county commission shall be empowered to adopt and enforce a leash law in the unincorporated areas of the county and if it deems necessary...
• Division 2 Dangerous or Nuisance Dogs.
• Section 45-49-170.20 Applicability
  This subpart shall only apply in Mobile County in those areas of the county outside the corporate limits of any municipality.
• Section 45-49-170.21 Definitions
  The following words shall have the following meanings: (1) ANIMAL CONTROL OFFICER. Any person employed by Mobile County who performs animal control functions or any...
• Section 45-49-170.22 Investigations; impounding; judicial determination
  (a) An animal control officer or law enforcement officer of Mobile County shall investigate any incidents involving any dog reported to be dangerous or a...
• Section 45-49-170.23 Grounds insufficient to declare dog dangerous or a nuisance
  (a) A dog may not be declared dangerous or a nuisance in any of the following circumstances: (1) When an injury or damage was sustained...
• Section 45-49-170.24 Requirements for owner of dog declared dangerous or a nuisance
  (a)(1) If a court determines that a dog is dangerous or a nuisance, but does not order that the dog be destroyed because evidence was...
• Section 45-49-170.25 Removal of designation that dog is dangerous or a nuisance
  The owner of a dog which has been declared to be dangerous or a nuisance by a court may petition the district court to remove...
• Section 45-49-170.26 Violations
  (a) An owner of a dangerous dog who violates this subpart shall be guilty of a misdemeanor punishable by a fine of not more than...
• Section 45-49-170.27 Penalties
  An owner of a nuisance dog who violates this subpart shall be guilty of a misdemeanor punishable by a fine of not more than three...
• Section 45-49-170.28 Enforcement of subpart
  A law enforcement officer may enforce this subpart by immediately removing the dog to an appropriate facility, without requirement for a warrant or pending due...
• Division 3 Junkyards.
• Section 45-49-170.50 Legislative findings
  The regulation of the accumulation and storage of junk, inoperable motor vehicles, and other litter within the unincorporated areas of Mobile County, and licensing the...
• Section 45-49-170.51 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 45-49-170.52 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 45-49-170.53 Licensing and operation of junkyards
  (a) No person shall establish, operate, or maintain a junkyard containing any items listed in Section 45-49-170.50, but not limited to those items, any portion...
• Section 45-49-170.54 Enforcement
  (a) This subpart shall be enforced by the Mobile County Commission. (b) The Mobile County Commission may commence a civil action in the name of...
• Section 45-49-170.55 Compliance
  All junkyards, licensed pursuant to Section 11-80-10, located within the unincorporated areas of Mobile County shall comply with the following: (1) The junkyard shall maintain...
• Division 4 Unsafe Structures.
• Section 45-49-170.70 Authority to move or demolish certain buildings, structures, etc
  The county commission may move or demolish buildings or structures, or parts of buildings or structures, including party walls and foundations, when found by the...
• Section 45-49-170.71 Findings of appropriate county official; notice
  The term appropriate county official or official as used in this subpart means any county building official or deputy and any other county official or...
• Section 45-49-170.72 Hearing; appeal
  (a) Within the time specified in the notice, any person, firm, or corporation having an interest in the building or structure may file a written...
• Section 45-49-170.73 Report of cost of demolition; adoption of resolution fixing costs; proceeds of sale of salvaged materials; objections; lien
  (a) Upon demolition of any building or structure pursuant to this subpart, the appropriate county official shall make a report to the county commission of...
• Section 45-49-170.74 Assessment of costs; sale and redemption of lots
  The county commission may assess the costs authorized herein against any real property where a demolition or removal has taken place and the property is...
• Section 45-49-170.75 Subpart cumulative
  This subpart shall be cumulative in its nature and in addition to any and all power and authority which the county commission may have under...
• Part 2 Health.
• Division 1 Board of Health.
• Section 45-49-171 Fees
  The Board of Health of Mobile County is hereby authorized to charge and collect any fee it deems necessary and proper for any service rendered...
• Division 2 Health Department.
• Section 45-49-171.20 Funding - Amounts
  There shall be paid annually, in equal monthly installments, out of the General Fund of Mobile County to the board of health of such county...
• Section 45-49-171.21 Funding - Increase
  There shall be paid annually, in equal monthly installments, out of the general funds of the several incorporated municipalities of Mobile County to the board...
• Section 45-49-171.22 Cost-of-living pension increases
  Whenever the retired employees of the state are granted a cost-of-living pension increase either by act of the Legislature or action of the Board of...
• Section 45-49-171.23 Regulation of intermittent food service establishments
  (a) For the purposes of this section, the following terms shall have the following meanings: (1) INTERMITTENT FOOD SERVICE ESTABLISHMENT. Any entity that has a...
• Division 3 Indigent Care Board.
• Section 45-49-171.40 Definitions
  For the purposes of this subpart, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section: (1) COUNTY...
• Section 45-49-171.41 Mobile County Indigent Care Board authorized
  At the determination of the county commission, there may be hereby established the Mobile County Indigent Care Board, hereinafter referred to as the board, whose...
• Section 45-49-171.42 Legislative intent
  It is the intention of the Legislature by the passage of this subpart to be in accordance with Section 88 of the Constitution of Alabama...
• Section 45-49-171.43 Funding - Accounts; disposition of funds
  (a) The county commission shall establish an account or accounts within the general fund of the county for payment of such amounts recommended by the...
• Section 45-49-171.44 Funding - Additional revenues
  The county commission also shall obligate such additional revenues from the General Fund of Mobile County in the amount of any oil and gas severance...
• Section 45-49-171.45 Authority to bring suit
  The Mobile County Indigent Care Board shall be authorized and empowered to bring and prosecute any suits in its name, as agent for the County...
• Division 4 Medical Examiner.
• Section 45-49-171.60 Office of coroner abolished
  In Mobile County, Alabama, the office of coroner is hereby abolished and all powers, rights, and duties now or hereafter authorized or required by law...
• Section 45-49-171.61 County Medical Examiner; deputies
  The State Medical Examiner assigned to the Department of Forensic Sciences, Region IV office in Mobile, Alabama, shall also serve as the County Medical Examiner...
• Section 45-49-171.62 Qualifications
  The county medical examiner shall be a physician licensed to practice medicine in Alabama and trained in anatomic and forensic pathology. Any vacancy in the...
• Section 45-49-171.63 Investigation of deaths
  It shall be the duty of the county medical examiner to investigate any death in Mobile County when the death may fall within one or...
• Section 45-49-171.64 Authority of medical examiner in death investigations
  While investigating a death hereunder, the County Medical Examiner of Mobile County shall be authorized to take charge of the dead body, and he, she,...
• Section 45-49-171.65 Issuance of death certificate
  If after investigating a death, the county medical examiner or his or her designated assistant, who shall be a physician licensed to practice medicine in...
• Section 45-49-171.66 Autopsy or postmortem examination
  (a) An autopsy or postmortem examination may be performed by a county medical examiner, at the written direction of the district attorney or his or...
• Section 45-49-171.67 Personal effects on or about body
  The County Medical Examiner of Mobile County or any law enforcement officer having jurisdiction and with the approval of the county medical examiner shall take...
• Section 45-49-171.68 Reporting of death; violations
  It shall be the duty of any person in the county having knowledge concerning a death occurring under the categories defined in Section 45-49-171.63 to...
• Section 45-49-171.69 Issuance of subpoenas
  While investigating a death hereunder, the county medical examiner or the Director of the Alabama Department of Forensic Sciences is authorized to issue subpoenas for...
• Section 45-49-171.70 Immunity form civil or criminal liability
  Neither the county medical examiner nor any member of his or her staff, nor the Director of the Alabama Department of Forensic Sciences nor any...
• Section 45-49-171.71 Admissibility of reports of death investigations
  The reports of death investigations conducted by the county medical examiner or by the Alabama Department of Forensic Sciences, or true copies thereof duly certified...
• Section 45-49-171.72 Powers and duties of coroners
  In addition to the duties and authority described above, the County Medical Examiner of Mobile County shall also have all duties and authority now or...
• Section 45-49-171.73 Compensation
  The state medical examiner shall serve as county medical examiner for Mobile County with no personal compensation from Mobile County.
• Section 45-49-171.74 Transfer of title to property; disposition of funds
  Upon July 22, 1987, title and control of all equipment in the Mobile County Coroner's office shall be transferred by Mobile County to the Alabama...
• Section 45-49-171.75 Transportation of bodies
  This subpart makes no changes in the funding of, responsibility for, or existing methods of transporting bodies in Mobile County. The Department of Forensic Sciences...
• Section 45-49-171.76 Annual report
  The county medical examiner shall make an annual report to the county governing body listing the number of deaths investigated, the determinations made, and other...
• Section 45-49-171.77 Cornea tissue transplants
  (a) The medical examiner or forensic science pathologist in Mobile County is hereby authorized to provide a cornea to any patient in need of corneal...
• Division 5 Mental Health.
• Section 45-49-171.100 Temporary custody of alleged mentally ill persons under emergency situations
  (a) In Mobile County, upon a finding by the judge of probate that there is no designated mental health facility as defined by Section 22-52-90,...
• Article 18 Highways and Bridges.
• Part 1 General Provisions.
• Section 45-49-180 Grading of certain dirt roads
  The Mobile County Commission is hereby empowered to grade, as it deems necessary, those county dirt surfaced roads traveled by rural mail carriers for the...
• Section 45-49-180.01 Relocation of certain water pipes and lines
  Any law to the contrary notwithstanding, the Mobile County governing body shall pay for the expense, from the county general fund or any county fund...
• Part 2 Unimproved Roads.
• Section 45-49-181 Acceptance of certain unimproved roads into county road maintenance system; rulemaking authority
  The County Commission of Mobile County may accept each year a total number of miles of public roads equal to the number of miles of...
• Section 45-49-181.01 Petition by adjacent property owners
  In order for a road to be considered under this part, all of the owners of property located adjacent to the named road, or portion...
• Section 45-49-181.02 Chair of petitioners; petition requirements
  A chair shall be designated on this petition to represent the petitioners and to act on their behalf. A map of legible size indicating the...
• Section 45-49-181.03 Prioritized list of roads; review; coordination; completion of requirements
  On or prior to the first day of the month of February, the county commission shall submit copies of each petition received to the county...
• Section 45-49-181.04 Sequence dates
  The following sequence dates shall apply to this part: (1) January: Petitions for road maintenance may be accepted by the county commission only during the...
• Section 45-49-181.05 One-year extension to complete requirements
  Any chair who has not met all the requirements pursuant to the schedule set out in this part may request in writing a one-year extension,...
• Section 45-49-181.06 Submission of prioritized list and report; selection by county commission
  The county engineer shall submit a prioritized list based on density of development, as determined by a check of the records in the office of...
• Section 45-49-181.07 Requirements of property owners
  The petitioners shall not submit any road or portion of road for consideration in this program that does not connect directly to an existing county,...
• Section 45-49-181.08 Duties of chair
  The chair designated on the petition shall be the official representative for the petitioners and shall be responsible for the following duties: (1) Upon notification...
• Section 45-49-181.09 Costs
  The county shall be financially responsible for the cost of all consulting fees for the surveying and design or roadway construction plans, right-of-way surveys and...
• Section 45-49-181.10 Right-of-way
  The alignment of the centerline of the proposed right-of-way will follow as closely as feasible the existing centerline of the existing roadway except where such...
• Section 45-49-181.11 Maintenance and installation of traffic control devices
  Upon acceptance of any public roads into the county road maintenance system, the county engineer shall instruct the appropriate road maintenance departments to commence maintenance...
• Section 45-49-181.12 Rulemaking authority; exemptions; use of private roads
  (a) The county commission may adopt the necessary rules for the construction of county maintained roads in the county. The county commission may adopt rules...
• Article 19 Legislature.
• Section 45-49-190 Legislative delegation
  (a) The governing body of Mobile County, jointly with the governing bodies of any incorporated municipalities within the county, may provide office accommodations for the...
• Article 20 Licenses and Licensing.
• Part 1 Boats.
• Section 45-49-200 Registration of boats by mail
  (a) The Mobile County License Commissioner shall mail forms to all registered boat owners within Mobile County so as to allow boat owners to complete...
• Part 2 License Commissioner.
• Division 1 Compensation.
• Section 45-49-201 Supplemental salary
  (a) Effective upon the expiration of the current term of office, the License Commissioner of Mobile County shall be paid an annual supplemental salary in...
• Division 2 Fees.
• Section 45-49-201.20 License fees - Motor vehicle, business, professional
  (a) In Mobile County there is hereby authorized to be charged and collected by the license commissioner, judge of probate, revenue commissioner, or other public...
• Section 45-49-201.21 Special issuance fee
  (a)(1) In Mobile County, the Mobile County Commission may impose, by resolution of the commission, a special issuance fee not to exceed five dollars ($5)...
• Division 3 General Provisions.
• Section 45-49-201.40 Deposit of monies by license commissioner and other elected officials; deposit of fiduciary accounts of the probate court
  (a) Except as provided in subsection (b), the license commissioner and other elected officials of Mobile County shall deposit all collection of monies by his...
• Section 45-49-201.41 Establishment of Citronelle branch office
  In Mobile County, within the City of Citronelle, there is hereby established a branch office of the county license commissioner. The office created by this...
• Section 45-49-201.42 Voiding of license for invalid payment
  (a) In Mobile County in cases where a personal check given for a license is found to be noncollectible for any reason, the license commissioner...
• Section 45-49-201.43 Secretary
  The License Commissioner of Mobile County may appoint a qualified person to serve as a secretary to the license commissioner who shall serve at the...
• Part 3 Motor Vehicles.
• Section 45-49-202 License procedures by mail
  (a) This section shall apply only in counties having a population of 300,000 or more according to the last or any subsequent federal census. (b)...
• Article 21 Motor Vehicles and Transportation.
• Section 45-49-210 Reserved
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Article 22 Parks, Historic Preservation, Museums, and Recreation.
• Part 1 Histroic Preservation.
• Section 45-49-220 Payment of utilities at Oakleigh Antebellum House Museum
  An amount, not to exceed ten thousand dollars ($10,000), shall be distributed annually to the Historic Mobile Preservation Society for payment of the utilities at...
• Part 2 Hunting.
• Section 45-49-221 Raccoon limit
  An amount, not to exceed ten thousand dollars ($10,000), shall be distributed annually to the Historic Mobile Preservation Society for payment of the utilities at...
• Section 45-49-221.01 Exemption of certain metal structures from inspection requirements and building codes
  (a) In the unincorporated areas of Mobile County, a metal structure or metal shed which is used for a hunting camp, hunting club, or hunting...
• Article 23 Sheriff.
• Part 1 Compensation.
• Section 45-49-230 Salary - Sheriff
  (a) In Mobile County, effective beginning the next term of office of the sheriff, the Sheriff of Mobile County shall receive an annual salary that...
• Section 45-49-230.01 Salary - Chief deputy sheriff; chief clerk; chief investigator; assistant chief deputy
  In all counties having populations of not less than 300,000 nor more than 500,000 according to the last federal decennial census, the chief deputy sheriff...
• Section 45-49-230.02 Salaries - Pay plan
  (a)(1)a. The repeal of Acts 1976, No. 710, 1976 Regular Session (Acts 1976, p. 990), as amended, will not result in any financial loss for...
• Section 45-49-231.03 Relation to state provisions
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Part 2 Crimes.
• Section 45-49-231 Theft of dog
  Any person who picks up a dog wearing a collar and name plate bearing the name and address of the owner of the dog shall...
• Section 45-49-231.01 Unlawful possession of firearm
  Any person who is convicted of unlawfully possessing a firearm in Mobile County shall be fined one thousand dollars ($1,000) and imprisoned for a term...
• Section 45-49-231.02 Possession of firearm on parts of Escatawpa River
  No person shall possess a firearm on the Escatawpa River from the Washington County boundary line to United States Highway 98. Provided, however, a person...
• Part 3 Employees.
• Section 45-49-232 Receipt of badge and service weapon upon retirement
  (a)(1) Employees of the Sheriff's Office of Mobile County who are classified as a deputy sheriff, corporal, sergeant, lieutenant, or captain and who retire in...
• Section 45-49-232.01 Contracting of police services by municipality
  (a) Any municipality within Mobile County may contract for police services with the sheriff of the county. The contract may include the enforcement by the...
• Part 4 Fees amd Funding.
• Section 45-49-233 Pistol permit fee; Sheriff’s Fund
  (a) In Mobile County the fee for issuance of a pistol permit to carry a pistol in a vehicle or concealed on or about the...
• Section 45-49-233.01 Fees for services
  (a) The Sheriff of Mobile County shall be entitled to receive the following fees for the services as listed below in civil and criminal cases:...
• Section 45-49-233.02 Sheriff's filing fee
  (a) In addition to any other filing fees assessed, the Sheriff of Mobile County shall be entitled to a one dollar ($1) sheriff's filing fee...
• Section 45-49-233.03 Distribution of seized assets and funds in controlled substances proceedings
  In Mobile County, the sheriff of the county and the chiefs of police of the municipalities of Mobile County may in their respective judgments distribute...
• Part 5 Jails.
• Section 45-49-234 Jail store; disposition of funds
  (a) The Sheriff of Mobile County or the authorized agents of the sheriff may operate a jail store for prisoners within the confines of the...
• Part 6 Work Release.
• Section 45-49-235 Work release for gainful employment conducive to rehabilitation
  Any person who has been committed to the Mobile County Jail under a criminal sentence may be released therefrom at any time by order of...
• Section 45-49-235.01 Reporting to jail
  Any person who has been sentenced to the Mobile County Jail and who has been released pursuant to Section 45-49-235, may at the time of...
• Section 45-49-235.02 Failure to report to jail
  Any person released under Section 45-49-235 or required to be confined under Section 45-49-235.01, who willfully fails to report for confinement as ordered, shall be...
• Section 45-49-235.03 Mobile County Pretrial Release and Jail Diversion Fund
  Any person released from jail pursuant to Section 45-49-235 shall pay to Mobile County an amount not greater than a sum equal to 25 percent...
• Section 45-49-235.04 Waiver of collection and payment
  In any case in which the court having jurisdiction of the case determines that the collection and payment of monies provided for in Section 45-49-235.03...
• Section 45-49-235.05 Disposition of funds
  (a) All monies collected pursuant to this part shall be paid into the Mobile County Pretrial Release and Jail Diversion Fund and shall be expended...
• Section 45-49-235.06 Legislative intent
  It is the intent of the Legislature that the provisions of this part pertaining to pretrial release shall be a guide to judicial officers in...
• Section 45-49-235.07 Judicial officer
  As used in this part, the term judicial officer means, unless otherwise indicated, any circuit judge in the Thirteenth Judicial Circuit and any district court...
• Section 45-49-235.08 Release pending trial; conditions; order; notice
  (a) Any person charged with an offense, at his or her appearance before a judicial officer, may be ordered released pending trial on his or...
• Section 45-49-235.09 Failure to appear
  (a) Whoever, having been released pursuant to this part, willfully fails to appear before any court or judicial officer as required, shall incur a forfeiture...
• Section 45-49-235.10 Revocation of release - Violations of conditions
  (a) A person who has been conditionally released pursuant to this part and who has violated a condition of release, shall be subject to revocation...
• Section 45-49-235.11 Revocation of release - Probable cause of felony or misdemeanor
  (a) A person who has been conditionally released pursuant to this part and as to whom there is probable cause to believe has committed a...
• Section 45-49-235.12 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 part shall be...
• Section 45-49-235.13 Implementation of part
  The presiding circuit judge of the Thirteenth Judicial Circuit shall have the duty to implement this part and to generally superintend all administrative functions pursuant...
• Section 45-49-235.14 Appropriation of funds
  The Mobile County Commission is hereby authorized to appropriate such funds as, in its discretion, may be necessary to implement this part.
• Section 45-49-235.15 Quarterly accounting
  The presiding circuit judge shall present to the county commission on a quarterly basis a full accounting of all receipts and expenditures of the Mobile...
• Section 45-49-235.16 Contempt; sanctions
  Nothing in this part shall interfere with or prevent the exercise by any court of Alabama of its power to punish for contempt.
• Section 45-49-235.17 Procedures cumulative
  The procedures prescribed in this part shall be cumulative and in addition to all other bail and release procedures provided by law.
• Article 24 Taxation.
• Part 1 Board of Equalization and Tax Officials.
• Division 1 Board of Equalization.
• Section 45-49-240 Additional expense allowances
  (a) The Chair of the Mobile County Board of Equalization shall receive an additional expense allowance of two thousand two hundred fifty dollars ($2,250) per...
• Section 45-49-240.01 Automobile expense allowances
  (a) Effective retroactively to August 28, 1981, the chair and each member of the Mobile County Board of Equalization shall be officially authorized to receive...
• Division 2 Tax Assessor.
• Section 45-49-240.20 Salary
  The Tax Assessor of Mobile County shall receive a salary to be set at forty- two thousand five hundred dollars ($42,500) per year payable in...
• Section 45-49-240.21 Expense allowance
  The Tax Assessor of Mobile County shall receive an additional expense allowance of two hundred fifty dollars ($250) per month, payable from the county general...
• Division 3 Tax Collector.
• Section 45-49-240.40 Salary
  The Tax Collector of Mobile County shall be compensated on a salary basis. The tax collector shall be paid a salary of forty two thousand...
• Section 45-49-240.41 Expense allowance
  The Tax Collector of Mobile County shall receive an additional expense allowance of two hundred fifty dollars ($250) per month, payable from the county general...
• Section 45-49-240.42 Supernumerary tax collectors
  In Mobile County, all persons serving as supernumerary tax collectors as of April 30, 1986, shall receive a minimum annual salary payable in equal monthly...
• Division 4 Revenue Commissioner.
• Section 45-49-240.60 Creation of office; duties of commissioner; deputies; clerks; assistants
  (a)(1) Upon the expiration of the current terms of office of Tax Assessor and Tax Collector of Mobile County, or if a vacancy occurs in...
• Section 45-49-240.61 Compensation - Revenue commissioner
  (a) Effective October 1, 1997, the Revenue Commissioner of Mobile County shall be paid an annual supplemental salary in the amount of ten thousand five...
• Section 45-49-240.62 Compensation - Executive secretary to revenue commissioner; chief clerk
  (a) Commencing on June 1, 2016, the salary of the executive secretary to the Mobile County Revenue Commissioner shall be the same as the salary...
• Part 2 Operation of Office of Revenue Commissioner.
• Section 45-49-241 Sale of land; notice to delinquent taxpayers
  (a) At least 30 days prior to the sale of land upon which taxes have not been paid, the Revenue Commissioner of Mobile County shall...
• Section 45-49-241.01 Electronic filing of business property tax returns
  (a) The Legislature finds that it is in the best interest of Mobile County and the operation of the office of the Mobile County Revenue...
• Part 3 Tax, Ad Valorem.
• Division 1 Exemptions.
• Section 45-49-242 Mobile Area Chamber of Commerce Foundation, Inc
  All property owned by the Mobile Area Chamber of Commerce Foundation, Inc., and used by the organization is hereby exempted from ad valorem taxation.
• Section 45-49-242.01 Real and personal property owned and used as community centers, recreational facilities, etc
  In Mobile County, all real and personal property owned and used as community centers, ball parks, the Mobile Exploreum, and recreational facilities by nonprofit businesses...
• Section 45-49-242.02 Real and personal property owned and used by nonprofit businesses and corporations as community centers, recreational facilities, etc
  In Mobile County, all real and personal property owned and used as incorporated and nonprofit community centers, incorporated and nonprofit ball parks, and incorporated and...
• Section 45-49-242.03 Woman's Club of Saraland, Inc
  All property owned by the Woman's Club of Saraland, Inc., a nonprofit corporation, and used by the organization is hereby exempted from all county, local,...
• Section 45-49-242.04 Qualified parading Mardi Gras societies
  (a) All property owned by qualified parading Mardi Gras societies and used exclusively for the purpose of storing Mardi Gras parade floats, equipment, related accessories,...
• Section 45-49-242.05 Federation of Women's Clubs, Inc
  All property owned by the Federation of Women's Clubs, Inc., of Mobile, Alabama, a nonprofit corporation, and used by the organization is exempted from all...
• Division 2 Taxation.
• Section 45-49-242.20 Pest control ad valorem tax
  (a)(1) The Court of County Commissioners, Board of Revenue, or like governing body of Mobile County is hereby authorized to levy and collect, in addition...
• Section 45-49-242.21 Special ad valorem tax for public school purposes
  (a) The following words and phrases used in this section, and others evidently intended as the equivalent thereof, in the absence of a clear implication...
• Section 45-49-242.22 Additional tax for public school purposes
  (a) The following words and phrases shall have the following meanings: (1) AMENDMENT 3. That amendment to the constitution that was proposed by Act 60,...
• Part 4 Tax, Alcohol.
• Section 45-49-243
  (a) This section shall apply only in Mobile County and except as in this section as otherwise provided, shall not have the effect of altering...
• Section 45-49-243.01
  The amount of ten thousand dollars ($10,000) shall be distributed annually to Mobile United, Inc., from the funds received by the county for the City...
• Part 5 Tax, Business.
• Section 45-49-244
  (a)(1) In Mobile County, the county commission is hereby authorized to levy a license or privilege fee upon any person for engaging in any business...
• Part 6 Tax, Excise.
• Section 45-49-245
  Each magazine sold at retail in Mobile County which contains pictures, photographs, or drawings of uncovered female breasts or the uncovered genital organs of any...
• Section 45-49-245.01
  (a) Each wholesaler that sells magazines that come within the meaning of this section shall pay to the Tax Collector of Mobile County on a...
• Section 45-49-245.02 Disposition of funds
  Within 21 days of the receipt of the fees required by this section, the Tax Collector of Mobile County shall pay the following amounts as...
• Section 45-49-245.03
  The County of Mobile and the City of Mobile are hereby authorized to pass ordinances providing for the enforcement of this part.
• Part 7 Tax, Gross Receipts.
• Section 45-49-246
  (a) For purpose of this section, the term "religious organization" shall mean any society, sect, persuasion, mission, church, parish, congregation, temple, convention, or association of...
• Part 8 Tax, Sales and Use.
• Section 45-49-247 Exemption - L'Arche-Mobile, Inc
  The L'Arche-Mobile, Inc., a nonprofit corporation, located in Mobile, Alabama, is exempted from paying any county and municipal sales or use taxes.
• Section 45-49-247.01
  (a) The Mobile Arts and Sport Association is exempted from paying any county and municipal sales or use taxes. (b) The Greater Gulf State Fair,...
• Section 45-49-247.02
  The Mission of Hope, Inc., a nonprofit corporation, located in Mobile, Alabama, is exempted from paying any county and municipal sales or use taxes.
• Section 45-49-247.03
  In Mobile County, the Friends of Magnolia Cemetery, Inc., is exempted from paying any county and municipal sales or use taxes.
• Section 45-49-247.04
  Christmas trees sold from the tree lot of the Mobile Optimist Club are exempted from all county and municipal sales and use taxes and gross...
• Section 45-49-247.05
  The Society of St. Vincent DePaul is exempted from paying or collecting any county and municipal sales and use taxes.
• Section 45-49-247.06
  In Mobile County, except for sales and use taxes, if any, owed and collected under the Education First Amendment, Amendment 706 to the Constitution of...
• Part 9 Tax, Severance.
• Section 45-49-248
  (a) The County Commission of Mobile County shall distribute and pay all funds received by Mobile County under subsection (a) of Section 40-20-8, as amended,...
• Part 10 Tax, Tobacco.
• Division 1 1987 Tax.
• Section 45-49-249
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-49-249.01
  (a)As used in this subpart, unless the context requires a different meaning, person includes a firm, corporation, club, partnership, company, trustee, agency, or association, or...
• Section 45-49-249.02
  In addition to all other taxes now imposed by law, every person who sells, stores, or delivers any cigarettes within the county shall pay a...
• Section 45-49-249.03
  The tax herein levied shall be paid through the use of one stamp as herein provided for. The one stamp shall be used to designate...
• Section 45-49-249.04
  (a)It shall be the duty of each wholesale dealer or jobber who sells, stores, or delivers cigarettes to retail sellers in this county to affix...
• Section 45-49-249.05
  The county commission shall keep on hand for sale an adequate quantity of stamps to be affixed to each package of cigarettes as required under...
• Section 45-49-249.06
  (a) The county license tax imposed by this subpart and collected by the seller, wholesaler or retailer, shall be paid to the county commission, and...
• Section 45-49-249.07
  The county commission is hereby given the right, power, and authority to promulgate and adopt rules and regulations governing the collection of the county tax...
• Section 45-49-249.08
  (a) It shall be unlawful for any person to offer for sale, either at wholesale or retail, in Mobile County, any cigarettes on which the...
• Section 45-49-249.09
  A person who violates this subpart or any rule or regulation promulgated and adopted by the county commission, shall be guilty of a Class C...
• Section 45-49-249.10
  No seller shall continue in business when he or she is in default in payment of the tax imposed by this subpart. In addition to...
• Section 45-49-249.11
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Division 2 1992 Tax.
• Section 45-49-249.30
  (a) There is hereby imposed upon every person, firm, or corporation who sells, stores, delivers, uses, or otherwise consumes tobacco or certain tobacco products in...
• Section 45-49-249.31
  Every person, firm, corporation, club, or association that sells, stores, or receives for the purpose in Mobile County, any cigarettes, cigars, snuff, smoking tobacco, and...
• Section 45-49-249.32
  It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Mobile County in the business for which the tax is...
• Section 45-49-249.33
  All laws, rules, and regulations of the State Department of Revenue, relating to the manner and time of payment of the tax levied by Section...
• Section 45-49-249.34
  The proceeds from the tax hereby authorized less the actual cost of collection not to exceed three percentum shall be paid by the State Department...
• Section 45-49-249.35
  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...
• Division 3 2019 Tax.
• Section 45-49-249.50
  For the purposes of this subpart, the following words shall have the following meanings: (1) BUSINESS RECORDS. All invoices, receipts, ledgers, inventories, tax returns, balance...
• Section 45-49-249.51
  This subpart applies to the collection and enforcement of all county privilege, license, or excise taxes levied or authorized to be levied by local law...
• Section 45-49-249.52
  All county privilege, license, or excise taxes levied or authorized to be levied by local law or resolution of the Mobile County Commission, in Mobile...
• Section 45-49-249.53
  In Mobile County, every person, firm, corporation, club, or association that sells, stores, or receives for distribution or sale any cigarettes, cigars, cheroots, stogies, smoking...
• Section 45-49-249.54
  Every wholesale dealer shall, at the time of selling or delivering any cigarettes or other tobacco products enumerated in this subpart, within Mobile County, make...
• Section 45-49-249.55
  Every wholesale dealer shall furnish to the Mobile County Tobacco Tax Collector a monthly report, between the 1st and 20th of each month, for the...
• Section 45-49-249.56
  It shall be unlawful for any dealer, storer, or distributor engaged in or continuing in Mobile County in the business for which the tax is...
• Section 45-49-249.57
  Any retail dealer or semijobber of tobacco products enumerated and defined in this subpart purchasing or receiving the commodities from without the state, whether the...
• Section 45-49-249-58
  Any person, firm, corporation, club, or association failing to affix required stamps, or account and collect the taxes enumerated in Section 45-49-249.50, shall on a...
• Section 45-49-249.59
  The Mobile County Tobacco Tax Collector shall have the duties relative to the preparation and sale of stamps to evidence the payment of the tax...
• Section 45-49-249.60
  Any product taxable by law found not having affixed to the package the stamps, or in the case of products not requiring a stamp to...
• Section 45-49-249.61
  The Mobile County Commission may adopt rules to effectuate the purposes of this subpart and conform to the provisions of Chapter 25 of Title 40....
• Section 45-49-249.62
  Taxes, penalties, and fines assessed pursuant to this subpart shall constitute a debt due to Mobile County, may be collected by civil suit, and shall...
• Article 25 Utilities.
• Part 1 General Provisions.
• Section 45-49-250 Notice of rate increase
  A written notice of any rate increase must be given to each customer by the gas utility boards at least 30 days prior to the
• Part 2 Compensation.
• Section 45-49-251 Additional compensation of board members
  The members of the board of directors of any authority created or operated in Mobile County pursuant to Sections 11-88-1 to 11-88-21, inclusive, which operates...
• Section 45-49-251.01 Expense allowance for board members
  Each member of the board of directors of any authority which operates a public water system, a public sewer system, or a fire protection facility...
• Part 3 Solid Waste Management.
• Section 45-49-252 Definitions
  The following words, phases, or terms as used in this part, unless the context indicates otherwise, shall have the following meanings: (1) ABANDONED PROPERTY. Wrecked...
• Section 45-49-252.01 Powers and duties of administrative department
  (a) The director, or his or her duly appointed designee, shall be responsible for the administrative management of this part. (b) The director shall provide...
• Section 45-49-255.02 Solid waste management advisory board
  (a) There is created a solid waste management advisory board consisting of 11 members: One shall be a member of the County Commission of Mobile...
• Section 45-49-252.03 Solid waste management
  All solid waste generated or otherwise found within the county shall be managed by persons holding valid permits for such activity, granted in accordance with...
• Section 45-49-252.04 Certificates of need
  Certificates of need as required by Section 45-49-252.03 may be obtained for the management of solid waste in the following manner: (1) An applicant for...
• Section 45-49-252.05 Solid waste management permits
  Permits required under Section 45-49-252.03 shall be issued in the following manner: (1) Any person desiring to obtain a permit shall file an application for...
• Section 45-49-252.06 Collection of solid waste
  (a)(1) Only county franchised collectors possessing valid permits shall engage in the business of providing solid waste management services to residential property within the county....
• Section 45-49-252.07 Storage and containers of solid waste prior to collection
  (a) The property owner or occupant shall store solid waste on his or her premises or property or shall require it to be stored or...
• Section 45-49-252.08 Transportation requirements
  (a) All equipment used in collection and transportation of solid waste shall be constructed, operated, and maintained in such a manner as to minimize health...
• Section 45-49-252.09 Disposal of waste
  (a) All solid waste in Mobile County shall be disposed of in accordance with this code and this part. No solid waste shall be disposed...
• Section 45-49-252.10 Title to solid waste
  In the absence of an agreement to the contrary specified in a permit or contract with the county, title to all solid waste generated or...
• Section 45-49-252.11 Responsibility of owner
  The fact that any improved real property located within the county is designed for occupation or use, is occupied or used, or is capable of...
• Section 45-49-252.12 Responsibility of generator
  Any person who generates solid waste within the county shall also be responsible for insuring that such solid waste is managed in accordance with the...
• Section 45-49-252.13 Responsibility of permittee
  All persons possessing permits issued in accordance with this part shall defend, indemnify, and hold harmless Mobile County from any and all liability from damages...
• Section 45-49-252.14 Certain acts and practices prohibited
  (a) It shall be unlawful to dispose of solid waste except by sanitary landfill, incineration, recycling process, or other method approved by the director, consistent...
• Section 45-49-252.15 Inspections
  In order to insure compliance with this part and the laws of this state, the director or his or her agents, or the health officer...
• Section 45-49-252.16 Notices
  404 - File or directory not found. Server Error 404 - File or directory not found. The resource you are looking for might have...
• Section 45-49-252.17 Penalties
  Any person, firm, or corporation who shall violate any of the provisions of this part or who shall fail, neglect, or refuse to comply with...
• Article 26 Zoning and Planning.
• Part 1 General Provisions.
• Section 45-49-260 Qualifications and requirements for members of boards, commissions, etc
  (a) Any law to the contrary notwithstanding, any person, regardless of profession, may be duly appointed to and serve on any Mobile County board, commission,...
• Part 2 North Mobile County Planning and Zoning Commission.
• Section 45-49-261 Applicability
  This part shall only apply to land located in Mobile County Commission District 1.
• Section 45-49-261.01 Creation; jurisdiction; powers and duties
  (a) There is created a planning and zoning commission for Mobile County which commission shall be appointed as provided and shall have responsibilities and duties...
• Section 45-49-261.02 Composition
  The planning commission shall be composed of a minimum of eight members who shall be qualified electors or property owners from the unincorporated areas within...
• Section 45-49-261.03 Preparation and maintenance of master plan
  In availing itself of the powers conferred by this part, the Mobile County Commission shall appoint the planning commission to make and maintain in an...
• Section 45-49-261.04 Procedure for adoption and amendment of ordinances and regulations
  (a) The Mobile County Commission may adopt ordinances and regulations as necessary to effect this part. The ordinances or regulations shall be made in accordance...
• Section 45-49-261.05 Purposes and view
  In preparation of the proposed master plan and planning and zoning ordinances and regulations, the planning commission shall make careful and comprehensive studies and surveys...
• Section 45-49-261.06 Procedures for exercising planning and zoning powers
  The Mobile County Commission shall not exercise its planning and zoning powers established hereunder until the majority of the qualified electors in the proposed planning...
• Section 45-49-261.07 Board of adjustment
  The Mobile County Commission shall provide for the appointment of a board of adjustment and the regulations and ordinances adopted pursuant to the authority of...
• Section 45-49-261.08 Appeals to board of adjustment
  Appeals to the board of adjustment may be taken by any person aggrieved or by any officer or department of Mobile County affected by any...
• Section 45-49-261.09 Powers of board of adjustment
  (a) The board of adjustment shall have all of the following powers: (1) To hear and decide appeals where it is alleged there is error...
• Section 45-49-261.10 Appeal to circuit court
  Any party aggrieved by a final judgment or decision of the board of adjustment, within 15 days thereafter, may appeal therefrom to the Circuit Court...
• Section 45-49-261.11 Permit and application fees
  The Mobile County Commission may levy permit and application fees deemed necessary to administer ordinances and zoning regulations promulgated hereunder. The fees shall cover the...
• Section 45-49-261.12 Remedies
  If any building or structure is erected, constructed, altered, repaired, converted, or maintained, or if any land is used in violation of this part or...
• Section 45-49-261.13 Limitations on authority of planning commission
  (a) The planning commission shall have no jurisdiction over the type of single-family housing or dwelling to be placed or constructed on private property. (b)...
• Section 45-49-261.14 Zoning ordinances and regulations not retroactive
  No zoning ordinance or regulation promulgated by the Mobile County Commission under the authority of this part shall change any use to which land is...
• Section 45-49-261.15 Appointments to planning commission
  The Mobile County Commission may appoint real estate agents or other persons in the real estate field to the planning commission. The appointed real estate...
• Section 45-49-261.16 Construction setbacks
  (a) The Mobile County Commission, through the county planning and zoning commission, shall regulate the construction setback from the centerline of any state or county...
• Section 45-49-261.17 Industrial parks
  This part shall not apply to any land designated as an industrial park pursuant to Chapter 23 of Title 11.

Last modified: May 3, 2021