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Title 17. Colbert County, Local Provisions, Alabama Constitution

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Alabama Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIII
Local Provisions


Chapter 1

Chapter 1. Miscellaneous Provisions

RESERVED[1]

Chapter 2

Chapter 2. Courts

Article 1. Court Costs

§17-2.00. Compensation of Certain Officials. (Amendment 136)

The legislature may hereafter, from time to time, by general or local laws, fix, regulate, and alter the costs and charges of courts, and the fees, commissions, percentages, allowances, or salaries to be charged or received by any officer of Colbert county, including the method and basis of fixing and paying their compensation; provided, that no county officer's compensation shall be increased or diminished during the term for which he shall have been elected or appointed. (Amendment 136)[1]

Chapter 3

Chapter 3. County Government, Finance, and Operations

RESERVED[1]

Chapter 4

Chapter 4. Economic and Industrial Development

RESERVED[1]

Chapter 5

Chapter 5. Education

RESERVED[1]

Chapter 6

Chapter 6. Health and Environment

Article 1. Disease Control

§17-6.00. Control of Malaria. (Amendment 45)

The court of county commissioners of Colbert county, Alabama, is authorized to divide said county into drainage districts for the control of malaria, and said county is authorized and empowered to levy and collect in the several districts so formed, for use in the control of malaria, in addition to all other taxes now authorized by law, a special tax of three mills on all taxable property situated in the several drainage districts so formed, based upon the valuation of such property as assessed for state taxation, and to be used exclusively for the control of malaria in the drainage district in which the said tax is levied and collected, provided such tax is authorized by a majority of the qualified electors residing in such drainage district voting upon such proposition at an election called and held for the purpose of authorizing such tax, and provided that said tax shall be levied and collected for a period of ten years from the time that it is authorized at the election held in such district. Such an election may be called at any time by the court of county commissioners of said county and shall be held and conducted and the results canvassed as now provided by law for holding and conducting and canvassing the returns of a regular election. The proceeds of the tax hereby authorized shall be used exclusively for the control of malaria in the drainage district in which it is levied and collected and shall be expended through the proper fiscal agencies of the county government under the direction of the governing body of Colbert county, and the Colbert county department of public health. (Amendment 45)

Article 2. Solid Waste

§17-6.20. Prohibition Against Use of Certain Biosolids. (Amendment 831)

In Colbert County, biosolids derived from treated human sewage sludge may not be applied on land as a fertilizer or soil amendment, except for sewage biosolids produced by a publicly owned utility in Colbert County. (Amendment 831)[1]

Chapter 7

Chapter 7. Gaming

RESERVED[1]

Chapter 8

Chapter 8. Officials and Employees

RESERVED[1]

Chapter 9

Chapter 9. Public Safety

Article 1. Use of Force

§17-9.00. Defense of Person on Church Premises. (Amendment 961)

(a) This amendment shall apply only in Colbert County.

(b) The following definitions are applicable to this amendment:

(1) CHURCH. A bona fide duly constituted religious society or ecclesiastical body of any sect, order, or denomination, or any congregation thereof.
(2) DEADLY PHYSICAL FORCE. Force which, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.
(3) FORCE. Physical action or threat against another, including confinement.
(4) PREMISES. The term includes any building, as defined in this section, and any real property.

(c) A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person, if the person reasonably believes that another person is using or about to use physical force against an employee, volunteer, member of a church, or any other person authorized to be on the premises of the church when the church is open or closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery in the first degree, or kidnapping in the first degree.

(d) A person who is justified under subsection (c) in using deadly physical force, who is not engaged in an unlawful activity, and is in any place where he or she has the right to be, has no duty to retreat and has the right to stand his or her ground.

(e) A person who uses force, including deadly physical force, as justified and permitted in this amendment is immune from criminal prosecution and civil action for the use of such force, unless the force was determined to be unlawful or in violation of Section 13A-3-21, Code of Alabama 1975.

(f)(1) Prior to the commencement of a trial in a case in which a defense is claimed under this amendment, the court having jurisdiction over the case, upon motion of the defendant, shall conduct a pretrial hearing to determine whether deadly force, used by the defendant was justified or whether it was unlawful under this amendment. During any pretrial hearing to determine immunity, the defendant must show by a preponderance of the evidence that he or she is immune from criminal prosecution.

(2) If, after a pretrial hearing under subdivision (1), the court concludes that the defendant has proved by a preponderance of the evidence that force, including deadly force, was justified, the court shall enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges.

(3) If the defendant does not meet his or her burden of proving immunity at the pretrial hearing, he or she may continue to pursue the defense of self-defense or defense of another person at trial. Once the issue of self-defense or defense of another person has been raised by the defendant, the state continues to bear the burden of proving beyond a reasonable doubt all of the elements of the charged conduct.

(f) [(g)] [sic] A law enforcement agency may use standard procedures for investigating the use of force described in subsection (b), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force used was unlawful. (Amendment 961)[1]

Chapter 10

Chapter 10. Taxation

Article 1. Miscellaneous Provisions

RESERVED

Article 2. Schools

§17-10.20. Special Property Tax for Educational Purposes. (Amendment 130)

In addition to any taxes now authorized or that may be hereafter authorized by the Constitution and laws of Alabama, the several school districts of Colbert county, Alabama shall have the power to levy and collect a special district tax of fifty cents on each one hundred dollars worth of taxable property in such districts for school purposes; provided, that the levying of such tax and the time during which it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors in each such district and voted for by a majority of those voting at such election; and further provided that such election shall be held in the same manner as now provided for an election on the school district tax authorized in Sections 269.01 through 269.03; and be it further provided that the funds arising from the special school tax levied in any district which votes the same independently of the county shall be expended for the exclusive benefit of the district as the law may direct. (Amendment 130)

§17-10.21. Special School Tax in Districts 1 and 2. (Amendment 293)

The governing body of Colbert county shall have power to levy and collect annually a special school district tax not exceeding one dollar on each one hundred dollars' worth of taxable property in school districts number one and number two in Colbert county, as assessed for state taxation, for public school purposes, provided the rate of such tax, the time it is to continue and the purpose thereof shall have been first submitted to a vote of the qualified electors of the districts and voted for by a majority of those voting at such election. Such tax shall be in addition to all other taxes provided for by law. The funds arising from such special district tax levied and collected by the county shall be expended for the exclusive benefit of the districts. Elections under this amendment shall be called, held, and conducted in the same way that elections are called, held, and conducted in relation to the levying of special school district taxes under Sections 269.01 through 269.03. (Amendment 293)[1]

Chapter 11

Chapter 11. Zoning, Planning, and Utilities

RESERVED[1]

See also

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External links

Additional reading

Footnotes

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.