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Article 1 - General and Miscellaneous Provisions.
Section 45-35-10 - Disclaimer. - (a) This chapter endeavors to add to the Code of...
Article 2 - Alcoholic Beverages.
Part 1 - Licensing.
Section 45-35-20 - Legislative Findings. - The Legislature finds all of the following: (1) The authority...
Section 45-35-20.01 - Construction; Purpose. - This part shall be deemed an exercise of the police...
Section 45-35-20.02 - Adoption of Related Provisions. - (a) The definitions contained within the Alabama Anti-Obscenity Enforcement Act,...
Section 45-35-20.03 - Definitions. - As used in this part, the following words have the...
Section 45-35-20.04 - Prohibited Activities. - (a) It shall be unlawful and no person shall expose...
Section 45-35-20.05 - Exceptions. - This part shall not be deemed to be violated in...
Section 45-35-20.06 - Civil Action for Violations. - (a) In addition to any other remedy or penalty at...
Section 45-35-20.07 - Limitations on Existing Adult Businesses. - The operation of legally operating adult businesses that currently serve...
Part 2 - Sale.
Section 45-35-21 - Regulation and Sale of Alcoholic Beverages. - (a) It shall be unlawful for any person, firm, corporation...
Section 45-35-21.01 - Sale of Draft or Keg Beer by Retail Licensees. - (a)(1) This section shall only apply in Houston County. (2)...
Article 4 - Business, Labor, and Occupations.
Section 45-35-40 - Branch Banking. - After July 22, 1987, any established bank which is authorized...
Article 5 - Constables.
Section 45-35-50 - Office of Constable Abolished. - In Houston County, effective at the end of the current...
Article 6 - Coroner.
Part 1 - Compensation.
Section 45-35-60 - Salary and Expense Allowance. - (a) Beginning on June 1, 2007, the Coroner of Houston...
Part 2 - Operation of Office.
Section 45-35-61 - Expenditures; Deputy Coroner. - The Houston County Commission shall hereafter pay all necessary expenses...
Article 7 - County Commission.
Section 45-35-70 - Compensation of Commission Chair; Sheriff, and District Commissioners. - THIS SECTION WAS AMENDED BY ACT 2022-94 IN THE 2022...
Part 2 - Membership.
Section 45-35-71 - Composition; Terms. - This part relates to the election and tenure of the...
Section 45-35-71.01 - Ballots. - In all primary and general elections held to choose members...
Section 45-35-71.02 - Qualifications. - Candidates for nomination or election to the commission shall designate...
Section 45-35-71.03 - Vacancies. - (a) In Houston County, vacancies on the Houston County Commission...
Section 45-35-71.04 - Districts. - The county commission districts are hereby established and described as...
Article 8 - Courts.
Part 1 - Circuit Court.
Section 45-35-80 - Compensation - Circuit Judges, District Attorney. - (a) Commencing on October 1, 1988, the Circuit Judges and...
Section 45-35-80.01 - Compensation - Special Roving Court Reporters. - (a) Beginning on the first day of the first pay...
Part 2 - Court Costs.
Section 45-35-81 - Additional Court Costs - Criminal or Misdemeanor Cases. - Any law, whether special, local, or general to the contrary...
Section 45-35-81.01 - Additional Court Costs - Criminal and Civil Cases. - (a) This section shall apply only in Houston County. (b)...
Part 4 - Probate Court.
Division 1 - Compensation.
Section 45-35-83 - Expense Allowance. - The Judge of Probate and the Revenue Commissioner of Houston...
Section 45-35-83.01 - Salary; Cost-of-Living Increases. - THIS SECTION WAS AMENDED BY ACT 2022-169 IN THE 2022...
Division 2 - Fees.
Section 45-35-83.20 - Additional Filing Fee. - (a) The Judge of Probate of Houston County shall charge...
Section 45-35-83.21 - Additional Filing Fee - Excluding Tag and License Functions. - (a) The Judge of Probate of Houston County shall charge...
Section 45-35-83.22 - Probate Transaction Fee. - (a)(1) The judge of probate shall collect a probate transaction...
Division 3 - Licensing.
Section 45-35-83.40 - Privilege License. - (a) In Houston County, the judge of probate shall provide...
Section 45-35-83.41 - List of Privilege or Business Licenses. - (a) The Judge of Probate of Houston County shall charge...
Division 4 - Motor Vehicle, Vessel, and Non-Motorized Vehicle Assessment.
Section 45-35-83.60 - Application; Taxes and Fees; Issuance of Tags and Licenses. - (a) On or after September 1st each year, the Judge...
Section 45-35-83.61 - Boat Certificates of Registration. - (a) In Houston County, the judge of probate shall provide...
Division 5 - Operation of Office.
Section 45-35-83.80 - Recording of Instruments Conveying Title to Real Property. - The Judge of Probate of Houston County shall not record...
Section 45-35-83.81 - On-Line Computer Service for Access to Certain Records. - (a) The Houston County Commission and the Houston County Judge...
Section 45-35-83.82 - Noncollectible Negotiable Instruments; Retrieval and Voiding of License. - (a) In Houston County, when a negotiable instrument, such as...
Article 10 - Education.
Section 45-35-100 - Board of Education Expense Allowance. - The members of the Houston County Board of Education shall...
Article 11 - Elections.
Part 1 - Board of Registrars.
Section 45-35-110 - Compensation. - In addition to any compensation authorized by general law, each...
Section 45-35-110.01 - Health Insurance Coverage. - (a) The members of the Board of Registrars of Houston...
Part 2 - Poll Workers.
Section 45-35-111 - Compensation. - In Houston County, election officials who work at polling places...
Section 45-35-111.01 - Additional Compensation. - (a) This section shall only apply in Houston County. (b)...
Article 12 - Employees.
Part 1 - Civil Service System.
Section 45-35-120 - Definitions. - The following words, terms, and phrases, wherever used herein, shall...
Section 45-35-120.01 - Division Into Exempt and Classified Services. - All offices and positions of Houston County shall be divided...
Section 45-35-120.02 - Status of Employees. - All employees who have acquired permanent status shall, subject to...
Section 45-35-120.03 - Board Members. - (a) The personnel program established by this part shall be...
Section 45-35-120.04 - Meetings; Personnel; Compensation. - (a) The personnel board shall meet at least once each...
Section 45-35-120.05 - Rules, Classification Plans, and Pay Plans. - So long as the same are not inconsistent with this...
Section 45-35-120.06 - Amendments and Repeal. - Any rule, determination, regulation, or plan may be amended or...
Section 45-35-120.07 - Job Classification Plan. - After the adoption by the personnel board of a job...
Section 45-35-120.08 - Pay Plan. - After the adoption by the personnel board of a pay...
Section 45-35-120.09 - Examination. - Eligibility for original appointment or promotion to vacancies in positions...
Section 45-35-120.10 - Temporary Appointment. - Pending the availability of a list of names certified as...
Section 45-35-120.11 - Lists of Names of Persons Available for Appointment. - Lists of names of persons available for appointment to a...
Section 45-35-120.12 - Method of Filling Vacancies. - Except as hereinafter provided, vacancies in positions in the classified...
Section 45-35-120.13 - Probation. - Except as provided in Sections 45-35-120.01 and 45-35-120.02, to acquire...
Section 45-35-120.14 - Absences; Hours of Work. - Rules shall be adopted in the manner hereinbefore provided prescribing...
Section 45-35-120.15 - Lay-Off of Employees. - Any employee may be separated from his or her position...
Section 45-35-120.16 - Dismissal, Demotion, and Suspension of Employees. - Any employee may be dismissed, suspended without pay, or demoted...
Section 45-35-120.17 - Procedure for Protesting Certain Disciplinary Action. - (a) An employee shall have the right to protest any...
Section 45-35-120.18 - Appeal. - Decisions of the board may be enforced by mandamus, injunction,...
Section 45-35-120.19 - Recordkeeping. - The board shall maintain adequate records of its proceedings, of...
Section 45-35-120.20 - Political Activities Prohibited. - No person holding a position in the classified service shall...
Section 45-35-120.21 - Expenses of Board. - The governing body shall make necessary appropriations from the general...
Section 45-35-120.22 - Construction of Part. - Nothing herein shall be construed as restricting the right of...
Part 2 - Incentive Program.
Section 45-35-121 - Employee Incentive Program. - (a) There is established an employee incentive program for the...
Article 14 - Fire Protection and Emergency Medical Services.
Section 45-35-140 - Applicability. - This article shall apply only to those portions of Houston...
Section 45-35-140.01 - Legislative Findings. - The Legislature declares that volunteer fire departments and associations which...
Section 45-35-140.02 - Fire Protection Service Fee - Levy; Definitions; Exemption. - (a) There is levied on the owner of each dwelling...
Section 45-35-140.03 - Fire Protection Service Fee - Collection, Administration, and Enforcement. - Except with regard to the enforcement provisions thereof, the fire...
Section 45-35-140.04 - Eligible Volunteer Fire Department. - An eligible volunteer fire department, for the purposes of this...
Section 45-35-140.05 - Disposition of Funds. - Funds paid to eligible volunteer fire departments and the association...
Section 45-35-140.06 - Transfer of Funds Upon Dissolution or Abandonment of Volunteer Fire Department. - Upon dissolution or abandonment of any eligible volunteer fire department...
Section 45-35-140.07 - Liability of Personnel. - The personnel of volunteer fire departments and the Houston County...
Section 45-35-140.08 - Purpose. - The primary purpose and use of funds generated by this...
Section 45-35-140.09 - Regulatory Control and Supervision; Forfeiture of Funds. - With regard to the collection and administration of the fees...
Article 15 - Gambling.
Section 45-35-150 - Definitions. - As used in this article the following words shall have...
Section 45-35-150.01 - Bingo Games - Authorized. - The operation of bingo games for prizes or money by...
Section 45-35-150.02 - Bingo Games - Permits. - (a) No qualified organization or club shall be permitted to...
Section 45-35-150.03 - Bingo Games - Permit Requirements. - (a) Each bingo permit shall contain the name and address...
Section 45-35-150.04 - Bingo Games - Legislative Intent; Prize Limits; Deductions for Expenses; Consulting Fee. - (a) It is the intention of the Legislature that only...
Section 45-35-150.05 - Bingo Games - Fees; Disposition of Funds. - All fees collected by the sheriff under this article shall...
Section 45-35-150.06 - Bingo Games - Charitable or Educational Purposes of Proceeds. - No less than 100 percent of the net proceeds of...
Section 45-35-150.07 - Bingo Games - Equipment; Prize and Conduct Limitations. - (a) Bingo may not be conducted with any equipment which...
Section 45-35-150.08 - Bingo Games - Recordkeeping. - Each permit holder shall maintain the following records pertaining to...
Section 45-35-150.09 - Bingo Games - Filing of Records; Inspection; Examination or Audit. - (a) On or before April 15, after this article has...
Section 45-35-150.10 - Revocation of Bingo Permit - Procedures. - The sheriff, for good cause shown, may revoke any permit...
Section 45-35-150.11 - Revocation of Bingo Permit - Eligibility; Effect of Convictions. - (a) A permit holder whose permit is revoked for a...
Section 45-35-150.12 - Revocation of Bingo Permit - Jurisdiction to Restrain or Enjoin. - The circuit court of the county shall have jurisdiction to...
Section 45-35-150.13 - Violations. - Any person who violates this article shall be guilty of...
Section 45-35-150.14 - Seizure and Forfeiture of Contraband. - Any device, equipment, record, money, or stakes used in any...
Section 45-35-150.15 - Applicability of Other Laws. - Any other law providing a penalty or disability on a...
Article 16 - Government Finance and Operations.
Section 45-35-160 - Liability for Monetary Loss. - (a) The Houston County Commission shall reimburse the office of...
Section 45-35-160.01 - Payments by Credit Card. - (a)(1) The use of credit cards for any payments made...
Section 45-35-160.02 - Contingent Fund. - (a) Commencing with the fiscal year beginning October 1, 2007,...
Article 17 - Health and Environment.
Section 45-35-170 - Board of Health Fees. - (a) The Houston County Board of Health shall designate the...
Section 45-35-171 - Individuals With Mental Illness Taken Into Temporary Protective Custody. - (a) For the purposes of this section, the following terms...
Article 18 - Highways and Bridges.
Section 45-35-180 - Road Maintenance Programs, Rules, Costs. - (a) The county governing body or its road maintenance department...
Article 20 - Licenses and Licensing.
Section 45-35-200 - License Commissioner. - (a) There is created the office of License Commissioner in...
Article 23 - Sheriff.
Section 45-35-230 - Salary; Expense Allowance. - (a)(1) Commencing with the next term of office, the Sheriff...
Part 2 - Funding.
Section 45-35-231 - Record of Abandoned and Stolen Property; Storage. - (a) The sheriff shall keep and maintain a permanent record...
Section 45-35-231.01 - Sale of Perishable Property. - If the abandoned and stolen personal property is of a...
Section 45-35-231.02 - Record of Abandoned and Stolen Firearms; Sale or Distribution. - (a) The sheriff shall keep and maintain a separate permanent...
Section 45-35-231.03 - Notice and Sale of Abandoned or Stolen Property. - (a) At least every six months, the sheriff shall sell...
Section 45-35-231.04 - Claim of Ownership. - The owner of any abandoned or stolen personal property recovered...
Section 45-35-231.05 - Record of Sale; Rejection of Bid. - If property is sold at public auction, as provided in...
Section 45-35-231.06 - Disposition of Sale Proceeds. - The proceeds from the sale of property at an auction...
Part 3 - Jails.
Division 1 - Jail Concession.
Section 45-35-232 - Operation; Concession Fund. - (a) The Sheriff of Houston County may operate a jail...
Division 2 - Work Release.
Section 45-35-232.20 - Work Release for Gainful Employment Conducive to Rehabilitation. - A person who has been sentenced or committed to the...
Section 45-35-232.21 - Reporting to Jail. - A person who has been sentenced to the Houston County...
Section 45-35-232.22 - Failure to Report to Jail. - Any person released under Section 45–35–232.20 or ordered confined under...
Section 45-35-232.23 - Purpose; Houston County Work Release and Pretrial Release Fund. - (a) The purpose of this subpart is to promote the...
Section 45-35-232.24 - Disposition of Funds. - (a) Funds collected pursuant to this subpart shall be expended...
Section 45-35-232.25 - Legislative Intent. - It is the intent of the Legislature that this subpart...
Section 45-35-232.26 - Judicial Officer. - As used in this subpart, the term judicial officer means,...
Section 45-35-232.27 - Release Pending Trial; Order. - (a) A person in Houston County charged with an offense,...
Section 45-35-232.28 - Failure to Appear. - (a) A person released pursuant to this subpart who willfully...
Section 45-35-232.29 - Revocation of Release - Violation of Condition of Release. - (a) A person who has been conditionally released pursuant to...
Section 45-35-232.30 - Revocation of Release - Probable Cause of Felony or Misdemeanor. - (a) A person who has been conditionally released pursuant to...
Section 45-35-232.31 - Forfeiture of Cash or Security. - All forfeitures of cash or other security deposited with the...
Section 45-35-232.32 - Houston County Work Release and Pretrial Release Commission. - (a) There is created the Houston County Work Release and...
Section 45-35-232.33 - Contempt; Sanctions. - This subpart shall not interfere with or prevent any court...
Section 45-35-232.34 - Houston County Commission Authorized to Provide Funding, In-Kind Service, or Other Aid. - Houston County through the Houston County Commission is authorized to...
Section 45-35-232.35 - Procedures Cumulative. - The procedures prescribed in this subpart shall be cumulative and...
Division 3 - Work Release Commission Employees.
Section 45-35-232.60 - Community Corrections Officers. - Upon successfully completing the minimum standards of training and other...
Part 4 - Pistol Permits.
Section 45-35-233 - Fee; Disposition of Funds; Sheriff's Fund. - (a) In Houston County, the fee for issuance of a...
Part 5 - Retirement.
Section 45-35-234 - Receipt of Badge and Pistol Upon Retirement. - Any individual employed as a law enforcement officer by the...
Part 6 - Service of Process Fee.
Section 45-35-235 - Service of Process; Sheriff's Law Enforcement Fund. - (a) This section shall only apply to Houston County. (b)(1)...
Article 24 - Taxation.
Part 1 - Board of Equalization.
Section 45-35-240 - Days of Service; Compensation. - This section shall apply only to Houston County, Alabama. The...
Part 2 - Revenue Commissioner.
Section 45-35-241 - Salary. - Repealed by act ACT 2017-69, § 3, effective March 14,...
Section 45-35-241.01 - Expense Allowance; Salary. - (a) Commencing April 1, 2017, the Revenue Commissioner of Houston...
Division 2 - Operation of Office.
Section 45-35-241.20 - Merging of Budgetary Operations. - (a) The Revenue Commissioner of Houston County is authorized to...
Section 45-35-241.21 - Duties of Judge of Probate Transferred. - In Houston County, any duties of the judge of probate...
Part 3 - Tax, Gasoline.
Section 45-35-242 - Levy of Tax. - There is levied in Houston County, Alabama, for the purpose...
Section 45-35-242.01 - Administration. - The License Commissioner of Houston County is authorized to administer...
Section 45-35-242.02 - Disposition of Funds. - All of the net proceeds of the privilege tax collected...
Section 45-35-242.03 - Repeal of Taxes Levied or Collected by Incorporated Cities or Towns. - After July 8, 1982, no incorporated city or town in...
Section 45-35-242.04 - Purpose of Taxes. - All taxes levied under this part and the money derived...
Section 45-35-242.05 - License; Surety Bond; Distributor Requirements; Audits; Records. - (a) All distributors or individuals who are subject to the...
Section 45-35-242.06 - Violations. - (a) The following sanctions shall be imposed for the following...
Part 4 - Tax, Lodging.
Section 45-35-243 - Levy and Collection; Disposition of Funds. - (a) This section shall only be applicable to portions of...
Part 5 - Tax. Sales and Use.
Division 1 - County.
Section 45-35-244 - Definitions. - (a) The following words, terms, and phrases as used in...
Section 45-35-244.01 - Levy of Privilege or License Tax. - There is hereby levied, for the period of time provided...
Section 45-35-244.02 - Provisions of States Sales Tax Statutes Applicable. - (a) Unless otherwise provided for herein or where the context...
Section 45-35-244.03 - Levy of Excise Tax. - For the period of time provided for herein: (1) An...
Section 45-35-244.04 - Provisions of State Use Tax Statutes Applicable. - (a) Unless otherwise provided for herein or where the context...
Section 45-35-244.05 - Collection of Sales Taxes and Use Taxes. - (a) The sales taxes levied in Section 45-35-244.01 shall be...
Section 45-35-244.06 - Procedures for Payment, Assessment, and Collection. - All provisions of the state sales tax statutes with respect...
Section 45-35-244.07 - Charge for Collection. - (a) The Houston County Commission or its designee, for collecting...
Section 45-35-244.08 - Disposition of Funds. - The amount of the gross tax collected hereunder, less collection...
Section 45-35-244.09 - Effective Date of Levy. - The levy and imposition of the taxes provided for in...
Division 2 - Municipal.
Section 45-35-244.30 - Authorization; Prerequisites. - The Houston County Commission, at its election by resolution and...
Section 45-35-244.31 - Collection. - The municipal taxes may be collected by the Houston County...
Section 45-35-244.32 - Preparation and Distribution of Reports, Etc. - The Houston County Commission or its designee shall prepare and...
Section 45-35-244.33 - Charge for Collection. - (a) The Houston County Commission or its designee shall charge...
Section 45-35-244.34 - Applicability of Other Laws; Construction of Tax as Debt. - (a) Unless otherwise provided for herein or where the context...
Section 45-35-244.35 - Amendment of Ordinance. - (a) Any amendment of any municipal ordinance heretofore adopted levying...
Section 45-35-244.36 - Applicability. - This subpart shall be effective with respect to all sales...
Part 6 - Tax, Tobacco.
Section 45-35-245 - Levy, Collection, and Enforcement; Disposition of Funds. - (a)(1) The Houston County Commission is hereby authorized to impose...
Article 25 - Utilities.
Section 45-35-250 - Dothan-Houston County Communications District Board. - Repealed by Act 2015-347, §2(b) effective September 6, 2015.
Section 45-35-250.01 - Dotahn/houston County Enhanced 911 Board. - (a) The City of Dothan/Houston County Enhanced 911 Board shall...