Title 45

There is created a county records commission consisting of 12 members as follows: The director, or deputy director if designated by the director, of the State Department of Archives and History; the senior presiding judge of the Circuit Court of Madison County; the judge of the P…

The county records commission shall be charged with the responsibility of determining which county records shall be permanently preserved because of their historical value, and which records may be destroyed or otherwise disposed of after they have been microfilmed. No record of …

No county official or employee shall destroy, dispose of, or cause to be destroyed or disposed of, any public record that has been microfilmed under this part until the records custodian has certified that the microfilm copy has been processed and checked for clarity. (Acts 1959,…

The county records commission is empowered to conduct surveys of public records in carrying out this part. The commission shall from time to time issue regulations classifying all public records, and prescribe the period for which records of each class shall be retained, either p…

(a) The governing body of Madison County is hereby authorized to establish a reproduction department for Madison County and to employ a records custodian who shall be chosen by the Chair of the Madison County governing body, which custodian shall have charge of all reproduction w…

A fee of twenty-five cents ($0.25) shall be charged in addition to all filing and recording fees now charged for each instrument, document, plat, court file, map, paper, or writing photographed or microphotographed and each official receiving instruments to be photographed or mic…

(a) Upon the adoption of an ordinance by the Huntsville City Council authorizing the appointment of two additional members to the library board established by the City of Huntsville, two additional board members may be appointed to the library board of the city as follows: (1) On…

(a) The city council or other governing body of the City of Huntsville in Madison County is hereby authorized to regulate and permit the sale and consumption of alcoholic beverages on Sunday upon the licensed premises of licensees of the Alcoholic Beverage Control Board of the St…

The governing body of the City of Huntsville, in Madison County, is hereby authorized to appropriate and pay from any general funds of the city otherwise unappropriated, up to the sum of three thousand dollars ($3,000) for information leading to the arrest and conviction of the g…

For the purposes of this subpart, the following terms shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the City of Huntsville as a condition precedent to participation in a pretrial diversion program. (2) CITY. The City of Huntsvill…

(a) The City of Huntsville may establish a pretrial diversion program. (b) All discretionary powers endowed by a common law and provided by statutes and acts of this state or powers or discretion otherwise provided by law for the City of Huntsville shall be retained. (c) The pret…

Admittance into the pretrial diversion program is in the sole discretion of the city judge. An offender deemed by the city judge to be a threat to the safety or well-being of the community shall not be eligible for the program. An offender charged with any of the following types …

(a) The city judge may consider an offender for the pretrial diversion program based on any of the following circumstances: (1) There is a probability justice will be served if the offender is placed in the program. (2) It is determined the needs of the state, city, and the offen…

(a) Upon application by an offender for admission into the pretrial diversion program, and prior to admission thereto and as a part of the evaluation process of the probation department of the city, the probation officer may require the offender to furnish information concerning …

(a) Following the decision of the city judge to admit the offender into the pretrial diversion program, but prior to entry, the offender shall enter into a written agreement stating the conditions of the participation of the offender in the program. The agreement shall include, b…

(a) An offender may be assessed a nonrefundable application fee when the offender is approved for the pretrial diversion program. The amount of the assessment for participating in the program shall be in addition to any court costs, fees, and assessments for the Crime Victim’s Co…

Application fees required by this subpart shall be collected by the court clerk of the Huntsville Municipal Court. The fees shall be disbursed to each entity or department as allocated by Section 45-45A-31.26. (Act 2013-356, p. 1277, § 8.)

(a) Upon acceptance of an offender into the pretrial diversion program by the city judge, the city attorney and the offender shall submit the written application of the offender together with the statement of facts of the offender, the acceptance of the offender by the city judge…

(a) After any violation of any program terms or conditions or upon any breach of any program agreement by the offender, the city judge may do any of the following: (1) Continue the agreement with or without modification. (2) Terminate the offender from the pretrial diversion prog…

In no event shall the city judge, the city attorney, or any other agency or service provider have any liability, criminal or civil, for the conduct of any offender while participating in the pretrial diversion program or for acceptance of an offender into the program. (Act 2013-3…

(a) The City of Huntsville Board of Education shall be elected from districts. The number of board districts shall be the same as the number of districts for the Huntsville City Council. Each board district, by district number and by geographic boundaries, shall be the same as a …

(a) The members of the Huntsville City Board of Education shall receive reasonable monthly compensation for their service as follows: (1) For each month, beginning October 1, 2000, to September 1, 2002, inclusive, each member of the board of education shall receive monthly compen…

(a) The Huntsville City Board of Education is declared to be the successor to the Trustees of Green Academy, a body corporate established on November 25, 1812, by the Legislative Council and the House of Representatives of the Mississippi Territory. (b) With respect to any real, …

The City of Huntsville, Alabama, is hereby authorized to acquire and operate passenger excursion trains within Madison County, Alabama, upon the tracks of any public or private railroad company based upon agreements for such operation between the city and any such public or priva…

(a) 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 Control of the State Employees’ Retirement System, the retired employees of the Huntsville Utilities Electric, Water, and Gas B…

This part shall apply with respect to the levy of ad valorem taxes in the City of Huntsville, the corporate limits of which are presently located within portions of Limestone, Madison, and Morgan Counties. (Act 2019-264, §1; Act 2019-372, §1.)

For purposes of this part, the following words have the following meanings: (1) AMENDMENT 373. Amendment 373 to the Constitution of Alabama of 1901, now appearing as Section 217 of the Official Recompilation of the Constitution of Alabama of 1901. (2) AMENDMENT 8 SCHOOL TAX. The …

The Amendment 8 school tax, presently levied in portions of the city at a rate of 6.5 mills ($0.65 on each one hundred dollars of assessed value), and the special school ad valorem taxes, presently levied in portions of the school tax district of the city at rates aggregating 15 …

Pursuant to subsection (f) of Amendment 373 and the resolution adopted by the city council of the city following a public hearing as required by Amendment 373, the city, following the enactment of this part, may modify the rate at which the city is authorized to levy, and the cit…

The modification in the rate at which the Amendment 8 school tax may be levied and collected in the city pursuant to this part is subject to the favorable vote of a majority of the qualified electors residing in the city who vote on the proposed change at a special election calle…

(a) Except as provided in this section, in order to provide for additional local control and regulation of the sale of alcoholic beverages in areas of the City of Madison located within Madison County, in addition to all other power and authority granted by state law, the governi…

Under the general authority of Section 11-43-60, the City Council of the City of Madison in Madison County, Alabama, is hereby specifically authorized and empowered, by duly enacted city ordinance, to specifically regulate the storage, keeping, hauling, and use of any explosive s…

An abundance of overgrown grass or weeds within the City of Madison which is injurious to the general public health, safety, and general welfare by providing breeding grounds and shelter for rats, mice, snakes, mosquitoes, and other vermin, insects, and pests; or attaining height…

(a) For purposes of this subpart, the enforcing official shall mean either the mayor or such other city official or employee as the mayor from time to time may designate. Whenever, in the opinion of the enforcing official, a public nuisance exists as described in Section 45-45A-4…

(a) If the owner fails, neglects, or refuses to abate the nuisance, or the nuisance is not otherwise abated, (1) within the time permitted to do so as stated in the enforcing official’s notice, where such notice was not suspended by the request for a hearing before the administra…

When a weed lien is made against a lot or lots or parcel or parcels of land, a subsequent redemption thereof by a person authorized to redeem, or sale thereof by the state, shall not operate to discharge, or in any manner affect the weed lien of the city, but a redemptioner or pu…

The City of Madison in Madison County is hereby granted full power and authority to provide for and establish, by written ordinance, historic preservation districts within the municipality. (Act 87-411, p. 605, § 1.)

(a) In addition to any taxes now authorized or that may hereafter be authorized by the constitution and laws of the State of Alabama, an increase of the citywide general ad valorem tax presently being levied pursuant to Section 216 of the Constitution of Alabama of 1901 and Amend…

(a) The Legislature hereby approves the proposed increase in the maximum rate at which the city general purpose tax is authorized to be levied from one and eight-tenths per centum [1.8 percent, equivalent to 18 mills] of the assessed value of taxable property in the city to two a…

(a) For the purposes of this section, the following words have the following meanings: (1) AMENDMENT NO. 56. Amendment No. 56 of the Constitution of Alabama of 1901, now appearing as Section 216.04 of the Official Recompilation of the Constitution of Alabama of 1901, as amended. …

In Madison County, the office of constable provided for in each election precinct pursuant to Chapter 23, Title 36, is abolished. (Act 92-665, 2nd Sp. Sess., p. 44, § 1.)

(a) Effective beginning the next term of office of the coroner in January 2023, the Coroner of Madison County shall receive an annual salary of fifty thousand dollars ($50,000). The salary shall be paid from the general fund of the county and shall be paid in the same manner as c…

(a) In Madison County, the county commission shall adopt building laws and codes by ordinance which shall apply to all commercial or industrial improvements in the county. The building laws and codes of the county commission shall not apply to any municipality which is enforcing …

(a) Effective on the first day of the next term of office, the Chair of the Madison County Commission shall receive an annual salary of fifty-five thousand dollars ($55,000) and on that date, the annual expense allowance now received by the Chair of the Madison County Commission …

(a) The Madison County Work Release and Pre–Trial Release Commission may establish administrative fees to fund alternative sentencing programs, educational programs, intervention programs, treatment programs, and other programs to serve the courts of the Twenty-third Judicial Cir…

(a) In Madison County, after June 13, 2003, the Madison County Work Release and Pre-Trial Release Commission shall be known as the Madison County Alternative Sentencing and Release Commission, or any successor name the members of the commission may adopt by resolution of the comm…