Title 45

(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 that part of Mobile County known as the Fowl River Planning and Land Use Control District, hereinafter referred to as the district. (c) The term d…

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 county commission with signatures from 125 property owners of real property in the proposed district. Only property owners who own proper…

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 and property in the district shall be subject to the planning and land use control jurisdiction of the board created pursuant to t…

The county commission may not call for an election without the petition required by this part. (Act 2005-75, p. 111, § 4.)

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 in his or her office. If the accuracy of the petition cannot be certified, the judge of probate shall return the petition to the…

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 immediately preceding the day appointed for the election, which notice shall include an explanation that only persons residing in the distr…

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 the district shall not be subject to the planning and land use control powers and authority provided for in this part. (Act 2005-75, p. 111, § 7.)

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 the district shall be subject to the planning and land use control jurisdiction of the board. (Act 2005-75, p. 111, § 8.)

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 the district, a district planning and land use board shall be established to accomplish the objectives of this part. (Act…

(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 creation of the board. (2) Positions Two and Five, two years upon creation of the board. (3) Positions Three, Six, and Seven three years…

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 the board. The administrative office shall provide services to the board. The budget for the administrative office sha…

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 federal agency for the services as it may require. The board may cooperate with and accept funds from federal, st…

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 applicable to a municipal planning commission pursuant to Chapter 52 of Title 11. No planning and land use ordina…

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 to neighboring territory, applying the same standards and responsibilities applicable to a municipal planning commission…

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 commission pursuant to Chapter 52 of Title 11. The provisions adopted by the board created for the district sha…

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 that the master plan or an ordinance or regulation, or amendment thereto, to be considered by the board shall be published at least o…

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 or structure, or public utility, whether privately or publicly owned, shall be constructed or authorized in the district until the loc…

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 of this part or of any ordinance or other regulation made under the authority conferred hereby, the …

(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 the board and within the time period prescribed by its rules, by filing notice of appeal specifying the grounds thereof with the board from whom…

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 Mobile County by filing with the commission a written notice of appeal specifying the judgment or decision from which appeal is taken…

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 of buildings, or require a greater percentage of a lot to be left unoccupied, or impose other higher standards than are required in any o…

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 the board, a uniform land use control fee that shall be equal to 1/10 mill of the appraised value of the parcel as determined b…

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 of Alabama or of the federal government. The implementation of this part shall not repeal or supersede the requirements or enforcement of …

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 date of the ordinance, provided, however, that if the property is reclassified for ad valorem tax purposes or if the property is sold to a person other than a…

(a)(1) Notwithstanding any law to the contrary, a municipal magistrate of the City of Saraland may assess a defendant with a warrant recall fee that shall be paid in order for a municipal judge or magistrate to recall a failure to appear warrant arising from any municipal ordinan…

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 of School Commissioners shall be increased by the amount of four hundred dollars ($400) per month. The increase in compens…

(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 the county general fund to the Mobile County School Board. The board shall use the funds for retirement of debt. (b) Subject …

(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 financial report for the immediately preceding month. The financial report shall be in a form which can be easily read and un…

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 entitled at the date of the organization of the Board of Education of the State of Alabama, and they shall have full power to conti…

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 the persons that may be elected by the board to fill vacancies shall hold their offices until the term for which their predecessors were…

This part shall be known and may be cited as the Mobile County School Bus Safety Act. (Act 2015-330, § 1.)

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 school system located in Mobile County. (2) COURT. A district court located in Mobile County if a school bus violation occurs in an uninco…

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 the procedures set out in this part. (Act 2015-330, § 3.)

(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 voting at a public meeting of the board to approve the adoption of an electronic school bus enforcement program. (b) If approved by the co…

(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 electronic device shall send the owner of a vehicle, that has been detected by the device as being involved in a school bus…

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 successfully transfers responsibility, there is an adjudication that no violation occurred, or there is an otherwise lawful determination that no …

(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 apply: (1) The vehicle was operated at the time of the violation by a person who was not the owner, or an agent or employee of the owner. (2…

(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 the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determinat…

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 for a trial de nova to the Circuit Court of Mobile County, in which the district or municipal court is located, using the procedures that a…

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 enforcement officer to determine the identity of the owner, and if the identity cannot otherwise be reliably established, then no notice of v…

(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 be entered into any person’s official driving history, may not be considered a criminal conviction for any purpose, may not be used to increase or enhance…

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 by Mobile County or a municipality located in Mobile County, may not affect current procedure and prosecutions commenced by issuance of a u…

(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, who timely and properly followed the procedure to transfer responsibility but is ultimately held responsible because of the person’s own…

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 the opening of such schools for that school year or as soon as practicable thereafter; a child who is under five years of age on October 1 shall not…

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 be used for the purpose of instruction of intellectually gifted children. (Act 83-675, p. 1065, § 1.)

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 that date and other business operations of the board shall function in the same manner as on other legal holidays observed …