Code of Alabama
Title 45 - Local Laws.
Chapter 2 - Baldwin County.

Section 45-2-21.03 - Referendum - Procedures; Districts; Notification; Exclusion of Incorporated Areas; Approval in Incorporated Areas. - (a) Any county commission district, or areas within a district...

Section 45-2-21.04 - Referendum - Powers of Governing Body. - The governing body in the jurisdiction of the referendum shall...

Section 45-2-21.05 - Referendum - Timing Costs. - A referendum provided for by this subpart shall be held...

Section 45-2-21.06 - Referendum - Ballot. - The question on the ballot shall be: "Do you favor...

Section 45-2-21.07 - Subsequent Referendum. - A referendum for any area held pursuant to this subpart...

Section 45-2-21.08 - Construction. - This subpart shall be construed together with all other existing...

Division 2 - On-Premises Consumption.

Section 45-2-21.30 - Applicability - Locality. - This subpart applies only to Baldwin County.

Section 45-2-21.31 - Applicability - Subject Matter. - This subpart shall apply to the sale of alcoholic beverages...

Section 45-2-21.32 - Referendum - Authorized. - The governing bodies of municipalities within the county may, by...

Section 45-2-21.33 - Referendum - Procedures; Districts; Notification; Exclusion of Incorporated Areas; Approval in Incorporated Areas. - (a) Any county commission district, or areas within a district...

Section 45-2-21.34 - Referendum - Powers of Governing Body. - The governing body in the jurisdiction of the referendum shall...

Section 45-2-21.35 - Referendum - Timing; Costs. - Any referendum authorized by this subpart shall be held not...

Section 45-2-21.36 - Referendum - Ballot. - The question on the ballot shall be: "Do you favor...

Section 45-2-21.37 - Subsequent Referendum. - Any referendum for any area held pursuant to this subpart...

Part 3 - Wine Sales.

Section 45-2-22 - Applicability. - This part shall be operative only in Baldwin County.

Section 45-2-22.01 - Purpose. - The legislative intent and purpose of this part is to...

Section 45-2-22.02 - Definitions. - (a) The following words or phrases, or the plural thereof,...

Section 45-2-22.03 - Wholesaler Licensees; Exclusive Sales Territories. - Each supplier of wine licensed by the board authorizing such...

Section 45-2-22.04 - Prohibited Activities - Supplier. - A supplier is prohibited from doing the following: (1) Fail...

Section 45-2-22.05 - Prohibited Activities - Wholesaler. - A wholesaler is prohibited from doing the following: (1) Failing...

Section 45-2-22.06 - Conditions of Amendment, Modification, Termination, etc., of Agreement. - (a) Notwithstanding any agreement and except as otherwise provided for...

Section 45-2-22.07 - Transfer of Wholesaler Business. - (a) Upon written notice of intent to transfer the wholesaler's...

Section 45-2-22.08 - Compensation for Violation; Arbitration. - (a) Except as provided for in this part, a supplier...

Section 45-2-22.09 - Waiver of Rights; Voluntary Settlements. - A wholesaler may not waive any of the rights granted...

Section 45-2-22.10 - Agreements Governed by This Part; Transferees; Successors. - (a) This part shall apply to agreements in existence on...

Section 45-2-22.11 - Remedies. - (a) If a supplier engages in conduct prohibited under this...

Section 45-2-22.12 - Provisions Cumulative. - This part is cumulative, and supplements and is in addition...

Article 4 - Business, Labor, and Occupations.

Section 45-2-40 - Applicability. - The provisions of this article shall apply to Baldwin County,...

Section 45-2-40.01 - Definitions. - The following words and terms as used in this article...

Section 45-2-40.02 - License Required for Operation of Massage Parlor. - It shall be unlawful for any person to operate a...

Section 45-2-40.03 - Compliance With Health Requirements. - Any massage parlor licensed by the county governing body shall...

Section 45-2-40.04 - Sanitary Requirements. - (a) No towels, wash cloths, or other linen items shall...

Section 45-2-40.05 - Use of Massage Parlor as Dormitory or Place of Sleep. - No massage parlor shall be used as and for a...

Section 45-2-40.06 - Massages Administered Only at Regular, Licensed Place of Business. - No massage shall be administered or applied by any licensee...

Section 45-2-40.07 - Treatment Prohibited Behind Locked Doors. - No masseur, masseuse, or other employee or attendant in any...

Section 45-2-40.08 - Written Medical Verification Required for Persons Administering Treatment. - Subsequent to May 19, 1980, it shall be unlawful for...

Section 45-2-40.09 - Services Rendered Only When Establishment Open to Public; Inspections. - It shall be unlawful for any person to render any...

Section 45-2-40.10 - Use of Establishment for Unlawful Behavior; Termination of License. - (a) It shall be unlawful for the owner, manager, or...

Section 45-2-40.11 - Treatment by Person of Opposite Gender Prohibited. - It shall be unlawful for any person to operate a...

Section 45-2-40.12 - Unlawful Massage or Touching of Another. - It shall be unlawful for any masseur, masseuse, attendant, or...

Section 45-2-40.13 - Notification and Hearing; Revocation of License. - Any license issued hereunder by the county governing body upon...

Section 45-2-40.14 - Penalties. - Any person who shall violate any provision or section of...

Part 2 - Liquid Goods.

Section 45-2-41 - Applicability. - This part shall only apply in Baldwin County.

Section 45-2-41.01 - Definitions. - For purposes of this part, the following terms have the...

Section 45-2-41.02 - Construction and Application. - (a) This part shall be liberally construed and applied to...

Section 45-2-41.03 - Termination, Modification, etc., of Dealership Agreement - Good Cause Required. - No grantor, directly or through any officer, agent, or employee,...

Section 45-2-41.04 - Termination, Modification, etc., of Dealership Agreement - Notice. - Provided good cause exists for the purposes of an amendment...

Section 45-2-41.05 - Repurchase of Inventory. - If a dealership agreement is terminated by a grantor, the...

Section 45-2-41.06 - Competing Product Lines or Brands. - It shall be a violation of this part for a...

Section 45-2-41.07 - Remedies. - If any grantor violates this part, a dealer may bring...

Section 45-2-41.08 - Irreparable Injury; Temporary Injunction. - In any action brought against a grantor under this part,...

Section 45-2-41.09 - Relation to Other Laws; Rights of Transferees and Successors. - (a) This part applies to a new or existing dealership...

Article 5 - Constables.

Section 45-2-50 - Office of Constable Abolished. - In Baldwin County, the office of constable shall be abolished,...

Article 6 - Coroner.

Part 1 - Compensation.

Section 45-2-60 - Expense Allowance; Salary. - THIS SECTION WAS AMENDED BY ACT 2022-173 IN THE 2022...

Part 2 - Investigations.

Section 45-2-61 - Coroner's Investigation. - A coroner's investigation shall mean a process of collecting pertinent...

Section 45-2-61.01 - Qualifications. - The county coroner must have a high school education or...

Section 45-2-61.02 - Limitation of Coroner's Investigation. - (a) A coroner's investigation is limited to inquiries for determining...

Section 45-2-61.04 - Postmortem Examination and Autopsies. - When the Baldwin County Coroner determines a death under investigation...

Section 45-2-61.05 - County Coroner or State Medical Examiner May Take Charge of Bodies. - While conducting a coroner's investigation of a death hereunder, the...

Section 45-2-61.06 - Responsibility to Certify Deaths. - If after conducting a coroner's investigation of a death, the...

Section 45-2-61.07 - Hospital and Medical Records. - While conducting a coroner's investigation of a death hereunder, the...

Section 45-2-61.08 - Duty to Report Deaths; Alteration of Body Evidence Prohibited. - It shall be the duty and responsibility of any person...

Section 45-2-61.09 - Duty to Notify Next of Kin and Account for Personal Effects. - The county coroner or any law enforcement officer having jurisdiction...

Section 45-2-61.10 - Cost of Assistance. - The assistance provided by the Alabama Department of Forensic Sciences...

Section 45-2-61.11 - Reports as Evidence. - The reports of death investigations conducted by the county coroner...

Section 45-2-61.12 - No Liability Incurred for Proper Performance. - Neither the Baldwin County Coroner nor any member of his...

Article 7 - County Commission.

Part 1 - Compensation.

Section 45-2-70 - Mileage Allowance. - (a) In Baldwin County, each member of the county commission,...

Section 45-2-70.01 - Basic Compensation; Compensation of Chair; Effect of Increase in Commission Members; Waiver; Compensation Adjustments. - (a) In Baldwin County, effective beginning the next term of...

Part 2 - Publication of Codes.

Section 45-2-71 - Commission Authorized to Contract for Printing and Publishing of Local Laws, Regulations, etc.; Sale of Codes. - (a) This section shall apply only to Baldwin County. (b)...

Part 3 - Terms of Office.

Section 45-2-72 - Duration of Terms; Elections. - In Baldwin County, any law to the contrary notwithstanding, the...

Section 45-2-72.01 - Membership; Terms of Office. - (a) Effective beginning the next term of office, the position...

Article 8 - Courts.

Part 1 - Court Costs.

Division 1 - District Attorney.

Section 45-2-80 - Fee for Additional Funding. - In addition to the assessment and distribution of the additional...

Section 45-2-80.01 - Assessment of Docket Fee in Certain Cases. - (a) In all juvenile cases, traffic, criminal, and quasi-criminal cases...

Division 2 - Domestic Violence Shelters.

Section 45-2-80.20 - Assessment in Domestic Violence Cases. - In addition to all other costs and charges in circuit,...

Division 3 - Juvenile Detention Facility.

Section 45-2-80.40 - Assessment in Juvenile, Criminal, Quasi-Criminal, and Bond Forfeiture Proceedings. - In Baldwin County, in addition to all other fees and...

Division 4 - Law Enforcement Fund.

Section 45-2-80.60 - Assessment for Persons Incarcerated in the Baldwin County Jail. - (a) In Baldwin County, additional court costs in the amount...

Division 5 - Law Library and Judicial Administration Fund.

Section 45-2-80.80 - County Law Library Established. - The Baldwin County Commission, the governing body of Baldwin County,...

Section 45-2-80.81 - Costs Taxes in Cases Filed in the Circuit Court or Juvenile Court. - In order to provide a special fund for the creation...

Section 45-2-80.82 - Costs Taxed in Court Cases Filed in the Baldwin County District Court. - There also shall be taxed as costs the sum of...

Section 45-2-80.83 - Baldwin County Law Library and Judicial Administration Fund; Retirement of Part-Time Law Librarians. - (a) The sums to be paid to the Baldwin County...

Section 45-2-80.84 - Law Library and Judicial Administration Fees. - The items of cost referred to above shall be designated...

Section 45-2-80.85 - Construction. - This subpart shall be construed together with other laws relating...

Section 45-2-80.86 - Actions to Collect Costs. - Any actions by the Clerk of the Circuit Court of...

Section 45-2-80.87 - Costs Taxed in Civil and Criminal Cases in County Courts to Fund Salaries of Court Employees, Etc. - (a) In addition to any court costs and fees now...

Division 6

Section 45-2-80.110 - Supervision Fee; Fund Established. - (a) In Baldwin County, a supervision fee of twenty dollars...

Division 7

Section 45-2-80.130 - Assessment in Certain Criminal Cases; Mental Health Court. - (a) In Baldwin County, in addition to any court costs...

Part 2 - District Attorney.

Division 1 - Employees.

Section 45-2-81 - Investigators; Presence of Bailiffs and Employees at Grand Jury Deliberations. - (a) The district attorney's office in the Twenty-eighth Judicial Circuit...

Section 45-2-81.01 - Powers of Investigators. - Investigators in the office of the District Attorney of the...

Division 2 - Funding.

Section 45-2-81.20 - Disposition of Phased-Out Supplements. - (a) This section shall apply only to Baldwin County. (b)...

Division 3 - Pre-Trial Intervention Program.

Section 45-2-81.40 - Pre-Trial Intervention Program. - (a) The District Attorney of the Twenty-eighth Judicial Circuit of...

Section 45-2-81.41 - Eligibility. - (a) A person charged with a criminal offense specified in...

Section 45-2-81.42 - Appropriateness of Intervention. - (a) Intervention shall be appropriate if: (1) There is a...

Section 45-2-81.43 - Admission Into Program. - (a) Prior to being admitted to the Pre-Trial Intervention Program...

Section 45-2-81.44 - Program Requirements. - (a) An offender who enters an intervention program shall: (1)...

Section 45-2-81.45 - Time for Application. - (a) An offender shall make application to the Pre-Trial Intervention...

Section 45-2-81.46 - Costs and Fees. - An applicant for the Pre-Trial Intervention Program on each charge...

Section 45-2-81.47 - Substance Abuse Treatment Program; Drug Testing. - The district attorney and the offender may enter into an...

Section 45-2-81.48 - Written Agreement; Other Terms and Conditions. - (a) In any case in which an offender is admitted...

Section 45-2-81.49 - Pre-Trial Intervention Fund. - The district attorney shall establish a Pre-Trial Intervention Fund. All...

Section 45-2-81.50 - Violations; Waiver. - (a) If the offender violates the conditions of the Pre-Trial...

Division 4 - Restitution Recovery Division.

Section 45-2-81.70 - Applicability. - This subpart shall apply only in the Twenty-eighth Judicial Circuit.

Section 45-2-81.71 - Purpose. - The purpose of this subpart is to ensure that court-ordered...

Section 45-2-81.72 - Restitution Recovery Division - Establishment. - The district attorney may establish a special division designated the...

Section 45-2-81.73 - Written Notice of Defaults - Enforcement of the Collection of Fund. - The court, the clerk of the court, or a probation...

Section 45-2-81.74 - Manner of Enforcement. - After notification, as provided in Section 45-2-81.73, the district attorney...

Section 45-2-81.75 - Collection Fees; Disposition of Funds. - (a) After a matter has been transferred to the district...

Section 45-2-81.76 - Amnesty Period. - There shall be an amnesty period of 60 days after...

Section 45-2-81.77 - Civil Judgments. - In addition to the provisions of this subpart, all court...

Part 3 - Judicial Circuit.

Division 1 - Branch Courthouses.

Section 45-2-82 - Branch Offices of the Judge of Probate and Revenue Commissioner. - (a) This section shall only apply in Baldwin County. (b)(1)...

Section 45-2-82.01 - Filing for Record and Preservation of Orders and Decrees. - The Judge of Probate of Baldwin County may conduct nonjury...

Section 45-2-82.02 - Authorization and Limitation of Nonjury Court Proceedings in Branch Courthouses. - The circuit and district court judges for the Twenty-eighth Judicial...

Division 2 - Circuit Courts.

Section 45-2-82.20 - Minute Books. - (a) In the Twenty-eighth Judicial Circuit of Alabama, all orders...

Section 45-2-82.21 - Passports. - In Baldwin County, passports shall be issued by the circuit...

Division 3 - Compensation.

Section 45-2-82.40 - Supplemental Salary for Circuit and District Judges. - (a) Immediately upon April 27, 1981, all circuit judges for...

Section 45-2-82.41 - Expense and Automobile Allowance for District Attorney. - The District Attorney of the Twenty-eighth Judicial Circuit shall receive,...

Section 45-2-82.42 - County Salary Supplement - Circuit Judges and District Attorney. - (a) It has come to the attention of the Legislature...

Section 45-2-82.43 - County Salary Supplement - Court Reporters. - The Baldwin County Commission, by the adoption of a resolution,...

Part 4 - Probate.

Division 2 - Recording of Property Instruments.

Section 45-2-83.20 - Names and Addresses of Grantors and Grantees Required. - (a) The Probate Judge of Baldwin County shall not receive...

Section 45-2-83.21 - Special Recording Fee. - (a) Beginning May 18, 2017, a special recording fee of...

Division 3 - Wills and Estates.

Section 45-2-83.40 - Deposit of Will During Life of Testator. - (a) Any testator who resides in Baldwin County may deposit...

Part 5 - Pretrial Release and Community Corrections.

Section 45-2-84 - Legislative Intent. - The purpose of this part is not only to promote...

Section 45-2-84.01 - Powers and Duties of County Commission. - (a) The Baldwin County Commission may implement this part. Upon...

Section 45-2-84.02 - Definitions. - As used in this part, the following words shall have...

Section 45-2-84.03 - Release of Eligible Persons; Participation in Programs. - (a) Any eligible person, who is within the jurisdiction of...

Section 45-2-84.04 - Payment of Court Ordered Sums. - Any eligible person who has been sentenced to the Baldwin...

Section 45-2-84.05 - Credit for Jail Time; Community Service; Violations of Terms and Conditions. - (a) Any person who has been released from custody or...

Section 45-2-84.06 - Application for Pretrial Release; Payment of Fees, Etc. - (a) Any person charged in Baldwin County for an offense,...

Section 45-2-84.07 - Periodic Reporting; Supervision Fee. - (a) In addition to all other conditions of release of...

Section 45-2-84.08 - Rules and Regulations; Revocation Hearings. - (a) The Baldwin County Pretrial Release and Community Corrections Board...

Section 45-2-84.09 - Failure to Report for Confinement. - Any person released under this part at any stage of...

Section 45-2-84.10 - Payment of Portion of Earnings; Payroll Deduction. - Any person released from jail or the custody of the...

Section 45-2-84.11 - Administrative and Supervision Fees. - The Baldwin County Pretrial Release and Community Corrections Board may...

Section 45-2-84.12 - Waiver of Fees. - Any judicial officer of the Twenty-eighth Judicial Circuit, upon making...

Section 45-2-84.13 - Disposition of Funds. - All sums collected pursuant to this part other than those...

Section 45-2-84.14 - Transport of Eligible Persons; Participants Not Deemed Government Agents or Employees. - The Baldwin County Commission, its employees and agents, the Baldwin...

Section 45-2-84.15 - Exemption From Civil Liability. - The Baldwin County Pretrial Release and Community Corrections Board and...

Section 45-2-84.16 - Punishment for Contempt. - This part shall not interfere with or prevent the exercise...

Section 45-2-84.17 - Implementation by Resolution; Allocation of Funds; Personnel; Probation Officers. - (a) The Baldwin County Commission may by resolution implement this...

Section 45-2-84.18 - Fund Surplus. - If, at the end of any calendar year, there remains...

Article 10 - Education.

Section 45-2-100 - Expenditure of Public School Funds for Supplies for Use by the Office of the County Superintendent of Education. - (a) The Baldwin County Board of Education is hereby authorized...

Section 45-2-100.02 - Formation and Operation of City School Systems; City Boards of Education; Transfer of Rights, Titles, and Interests. - (a) The Legislature finds and declares the following: (1) The...

Article 11 - Elections.

Part 1 - Board of Registrars.

Section 45-2-110 - Compensation - Board of Registrars. - In Baldwin County, in addition to any and all other...

Section 45-2-110.01 - Health Insurance Coverage. - The Baldwin County Commission, by resolution duly adopted, may authorize...

Part 2 - Compensation of Election Officers and Poll Workers.

Section 45-2-111 - Compensation - Poll Workers. - In Baldwin County, each poll worker shall receive compensation payable...

Section 45-2-111.01 - Compensation - Election Officials. - In Baldwin County, election officials who work at polling places...

Part 3 - Polling Places.

Section 45-2-112 - Designation of Fire Stations as Polling Places. - In addition to the authority granted in Chapter 46 of...

Article 12 - Employees.

Section 45-2-120 - Purpose. - The purpose of this article is to establish a Baldwin...

Section 45-2-120.01 - Definitions. - As used in this article, the following words shall have...

Section 45-2-120.02 - Personnel Merit System Established. - There is established a merit based personnel system for Baldwin...

Section 45-2-120.03 - Employees Subject to System. - All county employees shall be hired, retained, disciplined, and dismissed...

Section 45-2-120.04 - Hearing Required for Separation From County Employment. - All classified county employees who have successfully completed a probationary...

Section 45-2-120.05 - Powers and Duties of County Commission. - The county commission shall establish a personnel system for Baldwin...

Section 45-2-120.06 - Personnel Department - Duties; Funding. - The personnel department shall assist the county commission in the...

Section 45-2-120.07 - Rules, Policies, Procedures. - The personnel department shall promulgate all rules, policies, and procedures...

Section 45-2-120.08 - Personnel Appeals Board. - (a) There shall be established the Baldwin County Personnel Appeals...

Section 45-2-120.09 - Appeals From Disciplinary Actions. - (a) A classified employee shall have the right to appeal...

Section 45-2-120.10 - Hiring of Employees; Placement Actions. - (a) Each appointing authority and department head is authorized to...

Section 45-2-120.11 - Classification of Existing Employees. - All existing employees of Baldwin County who have successfully completed...

Section 45-2-120.12 - Appointed and Contract Employees. - One appointed employee position may be filled by the judge...

Section 45-2-120.13 - Power of Commission to Contract for Professional Services. - This article shall not affect the power of the county...

Section 45-2-120.14 - Construction of Article. - It is the intent of the Legislature that the personnel...

Section 45-2-120.15 - Effective Date. - The provisions of this article providing for the hiring of...

Article 14 - Fire Protection and Emergency Medical Services.

Part 1 - Access to Property.

Section 45-2-140 - Emergency Services. - In Baldwin County, the county or any municipality or any...

Part 2 - Forest Protection.

Section 45-2-141 - Protection of Forests; Costs. - (a) The County Commission of Baldwin County is authorized, when...

Part 3 - Funding.

Section 45-2-142 - Civil Air Patrol, Daphne and Hub City Search and Rescue Squads. - The Baldwin County Commission is hereby authorized to appropriate the...

Section 45-2-142.01 - Search and Rescue Squads. - (a) This section shall apply to voluntary nonprofit search and...

Part 4 - Records.

Section 45-2-143 - Recordkeeping; Audits. - (a) This section shall only apply in Baldwin County. (b)...

Article 16 - Government Finance and Operations.

Part 1 - Baldwin County Employees Fund.

Section 45-2-160 - Fund Authorized; Committee. - (a) The Baldwin County Commission may establish a fund known...

Part 2 - Commission Discretionary Fund.

Section 45-2-161 - Established; Disposition of Funds. - (a) This section shall apply only in Baldwin County. The...

Part 3 - Liability for Monetary Loss.

Section 45-2-162 - Duties and Liability of Revenue Commissioner, Judge of Probate, and Sheriff. - (a) The Baldwin County Revenue Commissioner, Judge of Probate of...

Article 17 - Health and Environment.

Part 1 - Construction.

Section 45-2-170 - Permits for Construction Using Discoloring Materials Prohibited. - (a) This section shall apply only to Baldwin County, Alabama....

Part 2 - Health.

Division 1 - Board of Health.

Section 45-2-171 - Schedule of Fees; Rules and Regulations. - (a) The Board of Health of Baldwin County may annually...

Division 2 - Indigent Care Board.

Section 45-2-171.20 - Definitions. - For the purposes of this subpart, unless otherwise indicated, the...

Section 45-2-171.21 - Baldwin County Indigent Care Board Authorized. - At the determination of the county commission, there may be...

Section 45-2-171.22 - Funding of Board. - The board shall receive into its account or accounts funds...

Part 3 - Solid Waste.

Section 45-2-172 - Exemption From Mandatory Solid Waste Fee. - Pursuant to the authorization contained in Section 22-27-3, the Baldwin...

Article 18 - Highways and Bridges.

Part 1 - Billboards, Signs, and Advertising.

Division 1 - Billboards.

Section 45-2-180 - Regulation of Billboards Along the Foley Beach Express. - (a) This section shall apply only within the unincorporated areas...

Section 45-2-180.01 - Regulation of Billboards in Unincorporated Areas; Enforcement; Variances; Appeals. - (a) This section shall apply only within the unincorporated areas...

Division 2 - Political Campaign Signs.

Section 45-2-180.20 - Political Signs on Public Rights-of-Way. - (a) Signs, markers, and advertising, pertaining to political campaigns, on...

Part 2 - Personnel.

Section 45-2-181 - Highway Maintenance, Repair or Construction; Personnel; Equipment; Compensation. - (a) Any special, local, or general law to the contrary...

Part 3 - Wreckers.

Section 45-2-182 - Regulation of Motor Vehicle Wreckers. - (a) In Baldwin County, all motor vehicle wreckers shall be...

Article 19 - Legislature.

Section 45-2-190 - Baldwin County Legislative Office Established. - There is hereby established the Baldwin County Legislative Office. The...

Article 20 - Licenses and Licensing.

Section 45-2-200 - Payment With Dishonored or Invalid Personal Check. - (a) In Baldwin County, in cases where a personal check...

Section 45-2-200.01 - Renewal by Mail. - (a) In Baldwin County, all licenses issued by the judge...

Article 22 - Parks, Historic Preservation, Museums, and Recreation.

Part 1 - Baldwin County Department of Archives and History.

Section 45-2-220.01 - Legislative Findings. - The Legislature finds that Baldwin County has a legal obligation...

Section 45-2-220.02 - Department of Archives and History Established; Fees and Costs. - (a) The Legislature hereby establishes the Baldwin County Department of...

Section 45-2-220.03 - Archives as Depository of Records and Historical Items. - The Baldwin County Archives shall act as a separate depository...

Section 45-2-220.04 - Funding. - (a) The Baldwin County Archives shall be funded by all...

Section 45-2-220.05 - Additional Recording Fees. - (a) In Baldwin County, there is levied an additional recording...

Section 45-2-220.06 - Advisory Board. - The Baldwin County Department of Archives and History Advisory Board...

Section 45-2-220.07 - Development of Record Management Program. - The Baldwin County Archives shall provide assistance to the departments...

Section 45-2-220.08 - Archives; Staff. - The staff of the Baldwin County Archives shall consist of...

Part 2 - Historic Districts.

Section 45-2-221 - Preservation of Historic Architecture. - The County Commission of Baldwin County may adopt ordinances to...

Section 45-2-221.01 - Designation of Historic or Preservation Districts. - The county commission may designate as a historic district any...

Section 45-2-221.02 - Definitions. - As used in this part, the following terms shall have...

Section 45-2-221.03 - Requirements for Historic District Designation. - Applicants shall meet requirements of subdivision (1) and one or...

Section 45-2-221.04 - Requirements for Preservation District Designation. - Applicants shall meet requirements of subdivision (1) and one or...

Section 45-2-221.05 - Application Form. - Applicants submitted for historic district or preservation district designation need...

Section 45-2-221.06 - Enlargement of Designated District. - The county commission may vote to enlarge a designated historic...

Section 45-2-221.07 - Rescission of District Designation. - The county commission may vote to rescind the designation of...

Section 45-2-221.08 - Application for Rescission of District Designation. - Applicants shall meet the following requirements in order for the...

Section 45-2-221.09 - Form of Application for Rescission. - Applications submitted for rescission of a historic district or preservation...

Section 45-2-221.10 - Historic Development Commission. - A historic development commission with the following membership, duties, and...

Section 45-2-221.11 - Architectural Review Board and Preservation District Review Board. - An architectural review board and a preservation district review board...

Section 45-2-221.12 - Review of Building Plans. - The county commission shall prescribe the procedure for the review...

Section 45-2-221.13 - Regulations. - The county commission may adopt such other regulations as are...

Part 3 - Leasing of Oil, Gas, and Mineral Rights for Public Recreation Purposes.

Section 45-2-222 - Lease of Oil, Gas, and Mineral Rights. - (a) On roads where Baldwin County owns the oil, gas,...

Article 23 - Sheriff.

Part 1 - Compensation.

Section 45-2-230 - Salary and Expense Allowance. - (a) Commencing with the term of office beginning January 1999,...

Section 45-2-230.01 - Compensation. This Section Was Assigned by the Code Commissioner in the 2008 Regular Session, Retroactively Effective to September 21, 2004. - (a) This section shall only apply to Baldwin County. (b)...

Section 45-2-230.02 - Additional Expense Allowance; Salary Increase. - THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY...

Part 2 - Funding.

Division 1 - County Appropriations.

Section 45-2-231 - Appropriations for Use of Sheriff in Enforcement of Drug Laws. - The county commission of Baldwin County is hereby authorized and...

Division 2 - Private Contributions.

Section 45-2-231.20 - Private Contributions to Support Official Programs. - The Sheriff of Baldwin County is hereby authorized to accept...

Division 3 - Sale of Abandoned, Stolen, and Unclaimed Property.

Section 45-2-231.40 - Records of Abandoned and Stolen Property; Storage. - (a) The Sheriff of Baldwin County shall keep and maintain...

Section 45-2-231.41 - Sale of Perishable Property. - If the abandoned and stolen personal property is of a...

Section 45-2-231.42 - Records of Abandoned and Stolen Firearms; Sale or Destruction. - (a) The sheriff shall keep and maintain a separate permanent...

Section 45-2-231.43 - Notice and Sale of Stolen or Abandoned Property. - (a) At least every six months, the sheriff shall sell...

Section 45-2-231.44 - Claim of Property. - The owner of any abandoned or stolen personal property recovered...

Section 45-2-231.45 - Record of Sale; Rejection of Bid. - If property is sold at public auction, as provided in...

Section 45-2-231.46 - Disposition of Sale Proceeds. - The proceeds from the sale of property at an auction...

Division 4 - Sale of Confiscated Property.

Section 45-2-231.70 - Disposition of Proceeds. - The Sheriff's Department of Baldwin County shall receive 25 percent...

Division 5 - Service of Process Serving Fund.

Section 45-2-231.90 - Baldwin County Sheriff Service of Process Serving Fund. - THIS SECTION WAS AMENDED BY ACT 2022-172 IN THE 2022...

Part 3 - Jails.

Section 45-2-232 - Jail Store and Telephone System. - (a) The Sheriff of Baldwin County or the authorized agents...

Section 45-2-232.01 - Law Enforcement Fund. - (a) The sheriff shall establish and maintain a Law Enforcement...

Section 45-2-232.02 - Disposition of Funds. - All profits realized pursuant to this part shall be expended...

Section 45-2-232.03 - Law Enforcement Fund Nonexclusive. - The establishment of the Law Enforcement Fund and the use...

Section 45-2-232.04 - Prior Actions Ratified. - Any actions relating to the operation of a jail store...

Part 4 - Liability.

Section 45-2-233 - Liability of Sheriff. - The Sheriff of Baldwin County shall not be liable for...

Part 5 - Personnel.

Division 1 - Sheriff's Personnel Merit System.

Section 45-2-234 - Applicability. - This subpart shall apply only in Baldwin County.

Section 45-2-234.01 - Definitions. - As used in this subpart, the following words have the...

Section 45-2-234.02 - Scope of Subpart. - This subpart applies to all law enforcement officials, corrections officers,...

Section 45-2-234.03 - Merit System Rules and Regulations. - All employees to whom this subpart applies shall be governed...

Section 45-2-234.04 - Administration of Compensation and Benefits. - All employees of the office of Sheriff of Baldwin County...

Section 45-2-234.05 - Transfer of Sick Leave and Longevity Time. - All sick leave and longevity time accrued by an employee...

Section 45-2-234.06 - Sheriff's Office Personnel Appeals Board - Creation; Composition. - (a) There shall be established the Sheriff's Office Personnel Appeals...

Section 45-2-234.07 - Sheriff's Office Personnel Appeals Board - Nomination and Election of Members. - (a) The personnel officer shall notify all classified employees that...

Section 45-2-234.08 - Terms of Office; Oath; Compensation; Appeals Procedures. - (a) The original members shall serve for the following terms:...

Section 45-2-234.09 - Appeals; Subpoenas; Hearing. - (a) A classified employee, other than an appointed official, shall...

Section 45-2-234.10 - Probationary Employees. - All appointments of employees to which this subpart applies, other...

Section 45-2-234.11 - Appointment of Chief Deputy Sheriff and Chief Civil Deputy. - Whenever a new sheriff is elected or appointed, he or...

Section 45-2-234.12 - Files and Records of Transferred Employees. - The office of sheriff shall insure the generation of new...

Section 45-2-234.13 - Political Activity. - Each employee may exercise his or her right as a...

Section 45-2-234.14 - Violations. - Any merit employee who willfully violates any provision of this...

Section 45-2-234.15 - Employees Covered Upon Implementation. - Employees to which this subpart applies shall be covered by...

Division 2 - Retirement.

Section 45-2-234.40 - Receipt of Badge and Firearm. - Any individual employed by the Baldwin County Sheriff's office as...

Part 6 - Pistol Permit.

Section 45-2-235 - Fees; Disposition of Funds. - (a) In Baldwin County the fee for issuance of a...

Part 7 - Municipal Contract for Services.

Section 45-2-236 - Contracting of Police Services by Municipality. - (a) This section shall apply only to Baldwin County. (b)...

Part 8 - Notice by Municipality of Decision to Stop Enforcing Laws Within Police Jurisdiction.

Section 45-2-237 - Enforcement of Laws. - In Baldwin County, any municipality which is enforcing laws within...

Part 9 - Qualifications.

Section 45-2-238 - Minimum Qualifications for Sheriff; Continuing Education. - (a) This section shall apply only to Baldwin County. (b)...

Part 10 - Purchasing Procedures.

Section 45-2-239 - Purchasing Procedures Using Credit or Debit Card. - (a) For purposes of this section, the following words have...

Article 24 - Taxation.

Part 1 - Equalization, Board Of

Section 45-2-240 - Compensation. - (a) In addition to the per diem paid by the...

Part 2 - Revenue Commissioner.

Section 45-2-241 - Consolidation of Unified System. - (a) At the expiration of the terms of office, or...

Section 45-2-241.01 - Electronic Filing of Business Personal Property Tax Returns. - (a) This section is enacted pursuant to Amendment No. 783...

Section 45-2-241.02 - Expense Allowance; Salary. - (a) Commencing on June 1, 2017, the Revenue Commissioner of...

Part 3 - Tax, Ad Valorem

Division 1 - Fire Departments.

Section 45-2-242 - Levy of Tax; Disposition of Funds. - (a) In addition to any other taxes levied and collected...

Division 2 - Libraries.

Section 45-2-242.20 - Levy of Tax; Disposition of Funds. - Pursuant to Amendment No. 319 to the Constitution of Alabama...

Division 3 - Residential Classification.

Section 45-2-242.40 - Classification of Property. - (a) Residential property located in Baldwin County shall include single-family...

Part 4 - Tax, General.

Division 1 - Administration and Enforcement.

Section 45-2-243 - Designees; Compensation; Powers. - (a) The Baldwin County Commission and any municipality located in...

Division 2 - Alabama Gulf Coast Convention and Visitors Bureau.

Section 45-2-243.20 - Bureau Established. - There is created and established in Baldwin County a public...

Section 45-2-243.21 - Programs; Contracts; Powers. - (a) The bureau shall conduct programs, including but not limited...

Section 45-2-243.22 - Board of Directors - Composition; Expenses. - (a) The affairs of the bureau shall be managed by...

Section 45-2-243.23 - Board of Directors - Powers and Duties. - (a) The power of the bureau shall be vested in...

Section 45-2-243.24 - Lodging Tax District Established. - There is established a "lodging tax district" located in Baldwin...

Section 45-2-243.25 - Privilege or License Tax on Lodging. - In addition to all other taxes imposed by law, there...

Section 45-2-243.26 - Exemptions. - (a) There are exempted from the provisions of the tax...

Section 45-2-243.27 - Payment and Collection of Tax. - (a) The taxes levied by this subpart, except as otherwise...

Section 45-2-243.28 - Application of Subpart. - All provisions of the state lodging tax statutes with respect...

Section 45-2-243.29 - Severability. - None of the provisions of this subpart shall be applied...

Section 45-2-243.30 - Disposition of Funds. - The Department of Revenue shall charge and deduct from the...

Division 3 - Public Improvement Association.

Section 45-2-243.50 - Authority to Manage Public Improvements Outside Municipal Boundaries. - (a) The Baldwin County Commission shall have authority to control,...

Section 45-2-243.51 - List of Assessed Property Owners. - When any assessment is made pursuant to this subpart, the...

Section 45-2-243.52 - Assessment Book for County Improvements. - Such list shall be entered in a well-bound book or...

Section 45-2-243.53 - Notice of Delivery of Assessment Book. - After the completion of the proper entries of each improvement,...

Section 45-2-243.54 - Notice Requirements. - The notice provided for in the preceding section shall state...

Section 45-2-243.55 - Defect in Notice or Proceedings. - If there is any defect in the notice or proceedings...

Section 45-2-243.56 - Objections or Defenses to Proposed Assessments. - The owner or owners of any real estate or any...

Section 45-2-243.57 - Hearing. - The county commission shall hear and pass upon all such...

Section 45-2-243.58 - Time and Manner of Payment of Assessments. - The costs and expenses of materials used in the repair,...

Section 45-2-243.59 - Assessments Liens. - Assessment liens for charges and expenses authorized in this subpart,...

Section 45-2-243.60 - Savings Provision. - The provisions of this subpart are cumulative, and it shall...

Section 45-2-243.61 - Scope. - (a) This section shall apply to Baldwin County in the...

Division 4 - Impact Fees.

Section 45-2-243.80 - Applicability. - This subpart shall apply only in Baldwin County.

Section 45-2-243.81 - Definitions. - For the purposes of this subpart, the following words have...

Section 45-2-243.82 - Limitations on Impact Fees; Governmental Infrastructure Outside Corporate Limits of Municipality. - (a) Unless otherwise specifically authorized by state law or this...

Section 45-2-243.83 - Impact Fees for Governmental Infrastructure. - An impact fee may be imposed only for governmental infrastructure...

Section 45-2-243.84 - Setting Impact Fees; Levy; Credits; Sharing of Revenues. - (a)(1) An impact fee per service unit of new development...

Section 45-2-243.85 - Collection and Payment of Impact Fees. - A political subdivision may collect impact fees at either the...

Section 45-2-243.86 - Hearing. - Prior to the adoption of an impact fee for the...

Section 45-2-243.87 - Disposition of Funds. - Any impact fees collected within a political subdivision shall be...

Part 5 - Tax, Sales and Use.

Division 1 - Cigarettes.

Section 45-2-244 - Applicability. - This subpart shall apply in, and only in, Baldwin County,...

Section 45-2-244.001 - Definitions; Construction. - (a) As used in this subpart, unless the context requires...

Section 45-2-244.002 - Levy of Tax. - In addition to all other taxes now imposed by law,...

Section 45-2-244.003 - Payment of Tax Through Use of Stamp. - The tax herein levied shall be paid through the use...

Section 45-2-244.004 - Duties of Cigarette Wholesalers, Jobbers, and Retailers. - (a) It shall be the duty of each wholesale dealer...

Section 45-2-244.005 - Supply and Description of Stamps. - The county commission shall keep on hand for sale an...

Section 45-2-244.006 - Disposition of Funds. - (a) The county license tax imposed by this subpart and...

Section 45-2-244.007 - Rules and Regulations. - The county commission is hereby given the right, power, and...

Section 45-2-244.008 - Violation - Duty to Affix Stamps. - (a) It shall be unlawful for any person to offer...

Section 45-2-244.009 - Violation - Classification. - A person who violates the provisions of this subpart or...

Section 45-2-244.010 - Additional Penalty. - No seller shall continue in business when he or she...

Section 45-2-244.011 - Savings Provision. - This subpart shall not apply to acts or transactions in...

Division 2 - Gasoline and Motor Fuel.

Section 45-2-244.030 - Definitions. - For the purposes of this subpart, the following terms shall...

Section 45-2-244.031 - Levy of Tax. - Subject to the provisions of Section 45-2-244.043, there is hereby...

Section 45-2-244.032 - Statement of Sales and Withdrawals; Other Information Required. - On or before the 20th day of each month after...

Section 45-2-244.033 - Recordkeeping. - All distributors, storers, and retail dealers shall keep for not...

Section 45-2-244.034 - Report to Commission. - Within 30 days after any tax shall have been levied...

Section 45-2-244.035 - Failure to Report. - If any distributor, storer, or retail dealer of gasoline or...

Section 45-2-244.036 - Enforcement of Subpart. - It shall be the duty of the County Commission of...

Section 45-2-244.037 - Delinquency. - If any distributor, storer, or retail dealer in gasoline or...

Section 45-2-244.038 - Payment Deemed a Credit Against Amount Due. - The acceptance of any amount paid for the excise tax...

Section 45-2-244.039 - Violations. - Any distributor, storer, or dealer who shall violate any provisions...

Section 45-2-244.040 - Reports of Gasoline or Motor Fuel Shipments. - Each agent of any railroad company, bus or truck operator,...

Section 45-2-244.041 - Special Fund. - The proceeds of any tax imposed under authority of this...

Section 45-2-244.042 - Expenditures From Special Fund. - Expenditures from the special fund provided for in Section 45-2-244.041...

Section 45-2-244.043 - Suspension of Levy. - The county commission is hereby authorized to suspend the levy...

Section 45-2-244.044 - Additional Levies Authorized. - (a) After January 1, 1995, the county commission is authorized...

Division 3 - County General Fund and Juvenile Home.

Section 45-2-244.070 - Applicability. - The provisions of this subpart shall only apply to Baldwin...

Section 45-2-244.071 - Definitions. - All words, terms, and phrases as defined in Sections 40-23-1,...

Section 45-2-244.072 - Special County Privilege License Tax. - (a) The county commission is hereby authorized with or without...

Section 45-2-244.073 - Payment of Tax. - The sales taxes authorized to be levied in Section 45-2-244.072...

Section 45-2-244.074 - Addition of Tax to Sales Price or Admission Fee. - Each person engaging or continuing within Baldwin County in a...

Section 45-2-244.075 - Collections and Enforcement. - The tax authorized to be imposed by this subpart shall...

Section 45-2-244.076 - Application of State Sales Tax Statutes. - All provisions of the state sales tax statutes with respect...

Section 45-2-244.077 - Charge for Collections; Dispositition of Funds. - The county commission shall be authorized to charge an amount...

Division 4 - Paralleling State Tax.

Section 45-2-244.100 - Applicability. - The provisions of this subpart shall only apply to Baldwin...

Section 45-2-244.101 - Definitions. - All words, terms, and phrases as defined in Sections 40-23-1,...

Section 45-2-244.102 - Levy of Additional Sales Tax Paralleling State Sales Tax; Exemptions. - (a) There is hereby levied and imposed with the county,...

Section 45-2-244.103 - Payment of Tax. - The sales taxes levied in Section 45-2-244.102 shall be due...

Section 45-2-244.104 - Addition of Tax to Sales Price or Admission Fee. - Each person engaging or continuing within Baldwin County in a...

Section 45-2-244.105 - Collections and Enforcement. - The tax imposed by this subpart shall constitute a debt...

Section 45-2-244.106 - Application of State Sales Tax Statutes. - All provisions of the state sales tax statutes with respect...

Section 45-2-244.107 - Charge for Collection; Disposition of Funds. - The State Department of Revenue shall charge Baldwin County for...

Division 5 - Tobacco Products.

Section 45-2-244.130 - Levy of Tax. - (a) There is hereby imposed on every person, firm, or...

Section 45-2-244.131 - Addition of Tax to Tobacco Products. - Every person, firm, corporation, club, or association that sells, stores,...

Section 45-2-244.132 - Failure to Collect Tax; Powers and Duties of Department; Unavailability of Stamps. - (a) It shall be unlawful for any dealer, storer, or...

Section 45-2-244.133 - Time and Manner of Payment. - All laws, rules, and regulations of the department relating to...

Section 45-2-244.134 - Disposition of Funds. - The proceeds from the tax authorized, less the amount or...

Section 45-2-244.135 - Construction. - This subpart shall not be construed to apply to snuff,...

Division 6 - Video Cassette Rentals.

Section 45-2-244.160 - Privilege License Fee. - (a)(1) The Baldwin County Commission may levy a privilege license...

Division 7 - Tangible Personal Property Rentals.

Section 45-2-244.180 - Definitions. - The following terms shall have the following meanings: (1) BUSINESS....

Section 45-2-244.181 - Levy of Tax. - There is levied, in addition to all privilege license taxes...

Section 45-2-244.182 - Exemptions. - There shall be exempted from the computation of any tax...

Section 45-2-244.183 - Monthly Installments of Taxes; Statements of Gross Proceeds; Disposition of Funds; Violations. - (a) The privilege license tax levied hereunder, except where otherwise...

Section 45-2-244.184 - Reports of Cash or Credit Leases or Rentals. - Any person taxable hereunder who makes cash or credit leases...

Section 45-2-244.185 - Recordkeeping. - It shall be the duty of every person engaging or...

Section 45-2-244.186 - Delinquent Taxes. - Any person who fails to pay the tax herein levied...

Section 45-2-244.187 - Rules and Regulations. - The County Commission of Baldwin County may prescribe all necessary...

Part 6 - Tax, Severance

Division 1 - Distribution of Proceeds.

Section 45-2-245 - Disposition of Proceeds From Offshore Oil and Gas Severance Taxes. - In Baldwin County, the distribution of the producing county's 10...

Division 2 - Oil and Gas Severance Tax Trust Fud.

Section 45-2-245.20 - Trust Fund Established; Administration. - (a) Any laws or parts of laws to the contrary...

Part 7 - Tax, Special.

Section 45-2-246 - Support of Public Schools. - (a) Sections 1 and 3 of Act No. 609, H....

Article 26 - Zoning and Planning.

Part 1 - Construction Setbacks.

Section 45-2-260 - Regulation of Setbacks. - (a) This section shall apply only to Baldwin County. (b)...

Section 45-2-260.01 - Regulation of Subdivisions; Application of Certain Setback Requirements. - (a) The Baldwin County Commission is authorized to regulate the...

Part 2 - Planning and Zoning Commission.

Division 1 - Establishment.

Section 45-2-261 - Creation of the County Planning and Zoning Commission. - There is created a planning and zoning commission for Baldwin...

Section 45-2-261.01 - Appointment of Members and Personnel of the Baldwin County Planning and Zoning Commission. - The planning commission shall be composed of nine regular members,...

Section 45-2-261.02 - Jurisdiction of the Planning Commission. - The jurisdiction of the planning commission for planning and zoning...

Section 45-2-261.03 - Preparation of Master Plan. - In availing itself of the powers conferred by this subpart,...

Section 45-2-261.04 - Procedure for Adoption and Amendment of Ordinances and Regulations. - (a) The Baldwin County Commission may adopt ordinances and regulations...

Section 45-2-261.05 - Planning Districts and Authority. - The Baldwin County Commission shall divide the unincorporated areas of...

Section 45-2-261.06 - Purposes and View. - In preparation of the proposed master plan and planning and...

Section 45-2-261.07 - Procedure for Exercising Jurisdiction in Each District. - The Baldwin County Commission shall not exercise its planning and...

Section 45-2-261.08 - Appointment of Advisory Committees. - In each district wherein the qualified electors vote to become...

Section 45-2-261.09 - Assessment of Uniform Zoning Fee. - The county commission may levy upon the owner of any...

Section 45-2-261.10 - Boards of Adjustment. - (a) The Baldwin County Commission shall appoint two members to...

Section 45-2-261.11 - Appeals to the Board of Adjustment. - Appeals to the planning district board of adjustment may be...

Section 45-2-261.12 - Powers of the Board of Adjustment. - The board of adjustment shall have all of the following...

Section 45-2-261.13 - Appeals From Final Decision of Board of Adjustment. - (a) Any party aggrieved by a final judgment or decision...

Section 45-2-261.14 - Permit and Application Fees. - The Baldwin County Commission may levy permit and application fees...

Section 45-2-261.15 - Remedies. - If any building or structure is erected, constructed, altered, repaired,...

Section 45-2-261.16 - Housing. - The Baldwin County Planning and Zoning Commission shall have no...

Section 45-2-261.17 - Construction With Other Laws. - The authority of the Baldwin County Commission under this subpart...

Section 45-2-261.18 - Zoning Ordinances and Regulations Not Retroactive. - No zoning ordinance or regulation promulgated by the Baldwin County...

Division 2 - Membership.

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Code of Alabama Title 45 - Local Laws. Chapter 2 - Baldwin County.

Code of Alabama
Title 45 - Local Laws.
Chapter 2 - Baldwin County.