Title 45. Madison County, Local Provisions, Alabama Constitution

Alabama Constitution
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Local Provisions

Chapter 1

“ Chapter 1. Miscellaneous Provisions RESERVED ”

Chapter 2

“ Chapter 2. Courts Article 1. Court Costs §45-2.00. General Authority. (Amendment 105) The legislature may from time to time, by general or local laws, fix, alter, and regulate the costs and charges of courts in Madison county, and the method of disbursement thereof. (Amendment 105) Article 2. Judges §45-2.20. Judicial Commission. (Amendments 334, 607, and 922) All vacancies in the office of judge of the circuit court and the office of judge of the district court holding in Madison County shall be filled in the manner and for the time as herein provided. The Madison County Judicial Commission is created for the purpose of nominating to the Governor persons for appointment to such a vacancy. The commission shall be composed of nine members. The members of the commission shall be two persons who are members of the Alabama State Bar, one judge of the circuit court holding in Madison County, two members appointed by Members of the Alabama House of Representatives who represent Madison County, irrespective of whether such Members of the House of Representatives reside in Madison County, two members appointed by Members of the Alabama Senate who represent Madison County, irrespective of whether such Members of the Senate reside in Madison County, and two members appointed jointly by these Members of the House of Representatives and Members of the Senate. All members of the commission shall reside in the territorial jurisdiction of the circuit court holding in Madison County. The two members of the commission who are required to be members of the Alabama State Bar shall be elected by the members of such bar who are regularly licensed and qualified to practice law in this state and who reside in the territorial jurisdiction of the circuit court holding in Madison County. The Executive Committee of the Madison County Bar Association or its successor body in such capacity, is authorized and directed to make rules, not inconsistent with this amendment, for the election of such members of the commission as are required to be members of the Alabama State Bar. The executive committee shall certify in writing to the Judge of Probate of Madison County the names of the persons elected as members of the commission by these members of the bar. The Members of the Alabama House of Representatives who represent Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the first expiration of the term of office of a member previously appointed pursuant to this amendment by the Senators and Representatives in the Alabama Legislature residing in Madison County. These Members of the Alabama House of Representatives representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar. The Members of the Alabama Senate representing Madison County, irrespective of whether these members reside in Madison County, shall make one initial appointment of a member of the commission immediately upon the adoption of the amendment adding this amendatory language and shall make the other initial appointment upon the expiration of the term of office of the last member previously appointed pursuant to this amendment by the Senators and Representatives of the Alabama Legislature residing in Madison County. These Members of the Alabama Senate representing Madison County shall make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar. The Members of the House of Representatives and Senate representing Madison County, irrespective of whether these members reside in Madison County, shall jointly make two initial appointments upon the adoption of the amendment adding this amendatory language. These Members of the House of Representatives and the Senate shall jointly make all succeeding appointments to these two positions. These appointees shall not be members of the Alabama State Bar. These Members of the House of Representatives and Senate, respectively, shall certify in writing to the Judge of Probate of Madison County the names of persons appointed by them to the commission. The judges of the circuit court holding in Madison County shall elect the member of the commission who is required to be a judge of the circuit court. The judges of the circuit court shall certify in writing to the judge of probate the name of the circuit judge elected by the circuit judges as a member. The terms of office of all members of the commission shall be six years. A vacancy in the office of a member of the commission shall be filled for the unexpired term in the same manner as the member was originally chosen. The Judge of Probate of Madison County shall record all such certificates of election and shall safely and permanently keep the original certificates. Forthwith upon his or her receipt and recordation of every certificate, the judge of probate shall send to the Governor a certified copy of every certificate. No member of the commission shall be eligible for nomination to the Governor for appointment as judge of the circuit court or the district court during the term of office of the commission member. The members of the commission shall not receive any salary or other compensation for their services as members. No member of the commission other than the member required to be a judge of the circuit court shall hold any public office, and no member of the commission shall hold any official position in any political party. If a vacancy occurs in the office of judge of the circuit court or the office of judge of the district court holding in Madison County, the commission shall nominate to the Governor three persons having the qualifications for the office. The names of all persons considered for nomination shall be available for review by the public and shall be deemed a public record. A nomination shall be made only by the concurrence of at least five members of the commission, which vote shall be conducted at a public meeting. The member of the commission elected by the judges of the circuit court holding in Madison County shall only vote on matters before the commission in instances when the vote by other commission members has resulted in a tie. The Governor shall appoint to the office in which the vacancy exists one of the three persons so nominated for the office. If the Governor fails to make an appointment from the list within 30 days from the date it is presented to the Governor, the appointment shall be made by the Chief Justice or the acting Chief Justice of the Supreme Court from the same list. The term of office of a judge appointed to fill a vacancy shall be as otherwise provided in the Constitution of Alabama of 1901. (Amendments 334, 607, and 922) ”

Chapter 3

“ Chapter 3. County Government, Finance, and Operations Article 1. Finance §45-3.00. Bond Issues for Schools. (Amendment 320) Madison county is hereby authorized to incur indebtedness to the extent of not exceeding $2,000,000 in aggregate principal amount, and to issue its bonds in evidence of the indebtedness so incurred, for the purpose of acquiring, providing, constructing and equipping public school buildings in said county and of acquiring sites therefor. Such bonds may be issued only after the question of the issuance thereof shall have been submitted to the qualified electors of said county and an election called for that purpose by the governing body of said county and a majority of said qualified electors voting at said election shall have voted in favor of the issuance of said bonds, which election shall be called, held, conducted, and canvassed, and may be contested, in the manner and within the time provided by the then existing laws of Alabama pertaining to elections on the issuance of bonds by counties; provided however, that if a majority of the qualified electors of said county participating in the election on the adoption of this amendment shall vote for the adoption thereof, then the approval of this amendment expressed by the voters of said county in favor of its adoption shall of itself authorize the issuance of the bonds, and in that event no additional election by the electors of said county shall be required to authorize the issuance of said bonds. In the event the majority of the qualified electors of said county participating in the election on the adoption of this amendment should not vote in favor of the adoption thereof, or in the event the majority vote at any election held in said county pursuant to the provisions of this amendment after its adoption is not in favor of the issuance of the bonds proposed at said election, the governing body of said county may from time to time call other elections hereunder on the issuance of said bonds, but not more than one such election shall be held during any period of twelve consecutive months. The power to become indebted and to issue bonds in evidence of such indebtedness shall be in addition to all other powers which the said county may have under the constitution and laws of Alabama, and any bonds issued pursuant to this amendment shall not be chargeable against the amount of indebtedness which said county may incur under the constitution and laws of Alabama in effect prior to the adoption of this amendment. All bonds issued under this amendment shall be general obligations of the county secured by an irrevocable pledge of its full faith and credit, may (any provisions of the constitution and laws of this state to the contrary notwithstanding) be additionally secured by a special and irrevocable pledge of a sufficient amount of the proceeds from the special 1/4 of 1% ad valorem tax authorized by section 215 of the Constitution of Alabama, as amended, to be levied and collected by the county, shall be issued in accordance with, and shall be subject to, the provisions of the general laws of Alabama existing at the time of the sale of said bonds respecting the maturities, sale, execution and redemption of bonds by counties. The provisions of this amendment shall be self-executing. (Amendment 320) Article 2. County Commission §45-3.20. Excavation of Human Graves. (Amendment 520) The Madison county commission is hereby authorized with or without charge to provide for the excavating of human graves. (Amendment 520) ”

Chapter 4

“ Chapter 4. Economic and Industrial Development Article 1. Economic Development §45-4.00. Madison County and the City of Huntsville. (Amendments 191 and 245) For the promotion of local industrial, commercial or agricultural development, Madison county and the city of Huntsville shall each have full and continuing power (a) to purchase, construct, lease and otherwise acquire industrial, commercial and agricultural projects, including real and personal property, plants, buildings, factories, works, facilities, machinery and equipment of any kind whatsoever, (b) to lease, sell, exchange or otherwise convey all or any part of any such project to any person, firm or corporation, and (c) after an approving election if required as hereinafter provided, to sell and issue for such purposes interest-bearing general obligation bonds. Neither the county nor the city shall issue any bonds under the authority of this amendment, other than bonds issued to finance the acqusition [acquisition] of industrial sites, unless the question of the issuance of such bonds has first been submitted to the qualified electors of the county or the city, as the case may be, and approved at such election by a majority of the qualified electors voting thereat. Each such election shall be called, held and conducted, and may be contested, in the manner provided by law for county or municipal bond elections, as the case may be. Bonds issued under the authority of this amendment shall not be considered indebtedness of the county or the city, as the case may be, within the meaning of sections 224 and 225 of the Constitution of Alabama, but neither the county nor the city shall at any time issue any bonds under the authority of this amendment if as a result thereof it will have outstanding an aggregate principal amount of bonds issued hereunder in excess of twenty percent of the assessed value of the property in the county or the city, as the case may be. Neither shall the county or the city issue any bonds under the authority of this amendment, except bonds issued to finance the acquisition of industrial sites, unless prior thereto or contemporaneously therewith the county or the city, as the case may be, has entered into a lease or other similar agreement, with respect to the project being financed by such bonds, providing for the payment to the county or the city, as the case may be, of net rentals sufficient to pay the principal of and the interest on such bonds at the respective maturities of such principal and interest, and any bonds issued hereunder shall be secured by a pledge of such rentals and may be secured by a foreclosable mortgage on such project and by a pledge of any other taxes and revenues which the county or the city, as the case may be, is authorized by law to pledge to the payment of its bonded indebtedness. All bonds issued under the authority of this amendment shall be sold at public sale in the manner required by law for the sale of county or municipal bonds, as the case may be, and shall mature and be payable in annual or semi-annual installments in such amounts and at such times as to result in the aggregate amount of principal and interest maturing thereon in each year following the year of their issuance being substantially equal, but shall not be subject to any other provisions of law relating to maturities of county or municipal bonds. In the event that any such action is necessary to prevent or cure a default in payment of the principal of or the interest on any bonds issued under the authority of this amendment, the county or the city, as the case may be, is authorized to levy and collect ad valorem taxes, without limitation as to rate or amount, on the assessed value of all taxable property in the county or the city, as the case may be, but only so long as and only to such extent as necessary to prevent or cure any such default. In carrying out the purposes of this amendment, neither Madison county nor the city of Huntsville shall be subject to the provisions of section 93 of the Constitution of Alabama, and the taxes which the county and the city are hereinabove authorized to levy and collect are in addition to all other taxes which the county and the city are authorized to levy and collect. This amendment shall be self-executing, but, notwithstanding any contrary provisions of section 104 of the Constitution of Alabama, the legislature shall have the power, by general, special or local act, to enact laws supplemental hereto or in furtherance of the purposes hereof. (Amendments 191 and 245) §45-4.01. Promotion of Economic and Industrial Development in Certain Counties. (Amendment 429) For the promotion of local economic and industrial development, the governing body of Bullock, Coffee, Coosa, Dallas, Etowah, Geneva, Houston, Jefferson, Lawrence, Macon, Marengo, Mobile, Morgan, Talladega, Madison, Shelby, and Tuscaloosa counties and of each municipality situated in said counties, other provisions of law or this Constitution notwithstanding, shall each have, independently or in cooperation with one or more of such governmental entities in such counties, full and continuing power (a) to purchase, lease or otherwise acquire, land, or to utilize land heretofore purchased or otherwise acquired, and to improve and develop such land for use as industrial site, or industrial park, projects, including, but not limited to, grading and the construction of roads, drainage, sewers, sewage and waste disposal systems, parking areas and utilities to serve said projects, and (b) to lease, sell, grant, exchange, or otherwise convey, on terms approved by the governing body of the county, or of municipality exercising such power, all, or any part of, any such project to any person, firm or corporation, public or private, including to any industrial development board or authority heretofore or hereafter created by any such county or municipality therein, for the purpose of the constructing, or developing thereon, by such purchaser or lessees, and the equipping and operating of, industrial, transportation, distribution, warehouse or research facilities, and of office and other facilities auxiliary to the foregoing. Nothing herein shall authorize the counties named, or any municipality there, to construct residential or any other buildings for the purpose of lease or sale. In carrying out the purposes of this amendment, neither the governing bodies of the counties named hereinabove, nor of any municipality situated in said counties to which this amendment is or becomes applicable, shall be subject to the provisions of sections 93 or 94 of the Constitution of Alabama, as amended. The provisions of this amendment shall be self-executing and the powers granted hereby may be exercised as alternative to, or cumulative with, and in no way restrictive of, powers otherwise granted by law to the governing body of such counties, or of any municipality therein, or to any agency, board, or authority created or approved thereby pursuant to this Constitution or the laws of this state. The names and addresses of all parties involved in conveyances of land herein provided, and the amount of any monies paid or received, shall be published in the newspaper in the county with the largest circulation. This amendment shall not be construed to grant any power of eminent domain in addition to that which may be provided otherwise by statute heretofore or hereafter enacted by the legislature of Alabama; nor shall this amendment be construed to affect the annexation statutes heretofore or hereafter enacted by said legislature. Furthermore, no county or municipality shall sell any real property acquired under the authority hereof for a price less than its actual purchase and development cost of such property, unless: (a) The price be approved at a public meeting of the governing body of such county or municipality; and (b) At least fourteen (14) days prior to such public meeting at which such price is approved by such governing body, it has published notice in the newspaper with the largest circulation in the county in which the property is located stating (1) the acreage proposed to be sold, (2) the section or sections or subdivisions of record in which the property is located, (3) the price per acre at which sale is proposed to be made, and (4) the place where a map of the property can be examined by the public; and (c) The price thus approved is no less than the price advertised as aforesaid; provided, however, that should any real property be acquired for any purpose authorized by this amendment by eminent domain pursuant to other legislative authority as aforesaid, such property shall not be sold, in any event, for less than the price determined and paid pursuant to the orders of the court in such condemnation proceedings. Provided further, that no municipality shall acquire real property in unincorporated areas without a prior consent thereto as expressed in a resolution by the county governing body. Provided further, that no county or municipality shall acquire real property which is located in another county or municipality without such other county's or municipality's prior consent thereto as expressed in a resolution by its governing body. Nothing in the provisions of this constitutional amendment shall be construed to allow construction of dormitories or other type housing on or off university or college campuses. (Amendment 429) [Note: Amendment 759 is identical to Amendment 429. except for the addition of Baldwin County. For the text of Amendment 759, see §2-4.01.] ”

Chapter 5

“ Chapter 5. Education RESERVED ”

Chapter 6

“ Chapter 6. Health and Environment RESERVED ”

Chapter 7

“ Chapter 7. Gaming Article 1. Bingo §45-7.00. Operation of Bingo by Nonprofits. (Amendment 387) The operation of bingo games for prizes or money by nonprofit organizations for charitable or educational purposes shall be legal in Madison county, subject to the provisions of any resolution or ordinance by the county governing body or the governing bodies of the respective cities and towns, within their respective jurisdictions. The said governing bodies shall have the authority to promulgate rules and regulations for the licensing and operation of bingo games, within their respective jurisdictions, provided, however, that said governing bodies must insure compliance with the following provisions: (a) No person under the age of 19 shall be permitted to play any game or games of bingo, nor shall any person under the age of 19 be permitted to conduct or assist in the conduct of any game of bingo; (b) No bingo license shall be issued to any nonprofit organization, unless such organization shall have been in existence for at least 23 months immediately prior to the issuance of the license; (c) Bingo games shall be operated only on the premises owned or leased by the nonprofit organization operating the bingo game. If the premises is leased, the rate of rental shall not be based on a percentage of receipts or profits resulting from the operation of bingo games; (d) No nonprofit organization shall enter into any contract with any individual, firm, association or corporation to have said individual or entity operate bingo games or concessions on behalf of the nonprofit organization, nor shall said nonprofit organization pay consulting fees to any individual or entity for any services performed in relation to the operation or conduct of a bingo game; (e) A nonprofit organization shall not lend its name or allow its identity to be used by any other person or entity in the operating or advertising of a bingo game in which said nonprofit organization is not directly and solely operating said bingo game; (f) Prizes given by any nonprofit organization for the playing of bingo games shall not exceed $1,000.00 in cash or gifts of equivalent value during any bingo session or $2,000.00 in cash or gifts of equivalent value during any calendar week; (g) No person or organization, by whatever name or composition thereof, shall take any salary, expense money, or fees as remuneration for services rendered in the operation of any bingo game. (Amendment 387) ”

Chapter 8

“ Chapter 8. Officials and Employees Article 1. Compensation §45-8.00. Certain Public Officials. (Amendment 135) The legislature may from time to time, by general or local laws, fix, alter, and regulate the fees, commissions, percentages, costs, allowances, and compensation to be charged or received by the judge of probate or any other officer of Madison county, and may place such officer on a salary, and provide that the fees, commissions, percentages, costs, and allowances collected by such officer shall be paid into the county treasury from which his salary shall be paid. (Amendment 135) Article 2. Employee Personnel Boards §45-8.20. Participation of Sheriff’s Employees. (Amendment 694) Effective the first day of the sixth month after ratification of this amendment, employees of the Office of the Sheriff of Madison County, except for the chief deputy, shall be under the authority of the Personnel Board of Madison County. The provisions of this amendment shall not affect the liability of the employees of the office of the Sheriff of Madison County. (Amendment 694) Article 3. Retirement §45-8.40. Phase-out of Supernumerary Program; Participation in RSA. (Amendment 771) No elected or appointed Madison County official may assume a supernumerary office after the effective date of this amendment. Any person who, on the effective date of this amendment, is entitled to participate in a supernumerary program may continue to participate in that supernumerary program, which shall include the assumption of a supernumerary office according to the terms and conditions of the law which established that supernumerary program. Every elected or appointed Madison County official may participate in the Employees' Retirement System of Alabama upon the same terms and conditions as may be specified by law for any other employee in the same retirement system. Madison County officials holding office at the time of ratification of this amendment shall be eligible to purchase service credit in the Employees' Retirement System for the time the official has served in the current office. No person may participate in both a supernumerary program and the Employees' Retirement System based on the same service. For the purposes of this amendment, the words "elected or appointed Madison County official" include, subject only to express limitation, any person elected to represent Madison County in any representative body of the state and includes any person appointed to serve the remaining term of an elected or appointed Madison County official. The words do not include a judge, district attorney, constable, school board member, or any official elected from a judicial circuit. (Amendment 771) ”

Chapter 9

“ Chapter 9. Public Safety Article 1. Animal Control §45-9.00. Control of Dangerous Dogs. (Amendment 849) The Madison County Commission, by resolution applicable to those areas of Madison County outside the corporate limits of any municipality, may establish a procedure by which a dog can be declared dangerous, may impose civil penalties on the owner of a dog that inflicts severe personal harm on another person, and may require that dangerous dogs, as defined by the commission, be kept in a fenced enclosure, as defined by the commission, with input from the local humane society. (Amendment 849) §45-9.01. Procedures for Control of Dangerous Dogs. (Amendment 862) Section 1. The people of the State of Alabama find and declare that: Certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this state by virtue of their unprovoked attacks on, and associated injury to, individuals; these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; existing laws inadequately address this problem; and it is therefore appropriate and necessary to impose requirements on the owners of dangerous dogs. Section 2. The provisions of this constitutional amendment are applicable to those areas of Madison County outside the corporate limits of any municipality. Section 3. The following words shall have the following meanings: (1) ANIMAL CONTROL OFFICER. Any person employed by Madison County who performs animal control functions. (2) ATTACK. Aggressive physical contact initiated by a dog. (3) BITTEN. Seized with the teeth so that the skin of the person seized has been gripped or has been wounded or pierced. (4) DANGEROUS DOG. A dog, regardless of its breed, that has bitten, attacked, or caused physical injury to a human being, without provocation, or has repeatedly bitten or caused physical injury to humans, except a dog used by law enforcement officials for legitimate law enforcement purposes, a certified guide dog for the blind, a hearing dog for the deaf, or a service dog for the disabled. (5) DOG. All members of the canine family including dog hybrids. (6) IMPOUNDED. Taken into the custody of law enforcement, the county pound, or an animal control authority or provider of animal control services to Madison County. (7) OWNER. A person, firm, corporation, or organization having a right of property in a dog, or who keeps or harbors a dog, or who has a dog in his or her care or acts as the custodian of a dog, or who permits a dog to remain on or about any premises occupied by him or her. (8) PHYSICAL INJURY. An injury as defined in Section 13A-1-2(12), Code of Alabama 1975. (9) PROPER ENCLOSURE OF A DANGEROUS DOG. An enclosure for the confinement of a dog that has been declared dangerous which is suitable to prevent the entry of the general public and: a. Is capable of being locked with a key or combination lock when the dog is within the structure. b. Has secure sides and a secure top attached at all sides. All four sides of the fence or pen must be sunk at least two feet into the ground or the fence or pen must be built over a concrete pad to prevent the animal from digging out. c. Provides adequate ventilation and protection from the elements. d. Exhibits a sign conspicuously posted upon the pen or the structure containing the following: "Dangerous Dog - No Trespassing." e. The enclosure shall be constructed to allow the dog to stand normally and without restriction and shall be not less than four times the length of the dog and two times the width of the dog. (10) SERIOUS PHYSICAL INJURY. An injury as defined in Section 13A-1-2(14), Code of Alabama 1975. Section 4. (a) An animal control officer or law enforcement officer shall investigate any incident involving any dog reported to be dangerous. (b) If a dog that is unowned and has been reported to be dangerous bites a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b), Code of Alabama 1975. For the purposes of this subsection, "bites" means the same as "has been exposed" as defined in Section 3-7A-1(5), Code of Alabama 1975. (c) If there is probable cause to believe that an owned dog is dangerous and has caused serious physical injury to a human being, a law enforcement officer or animal control officer shall impound the dog pending disposition of a petition to declare a dog to be dangerous. Madison County may impound the dog at the county pound as described in Section 3-7A-7, Code of Alabama 1975, or may enter into an agreement with an animal shelter or licensed veterinarian to secure and impound dangerous dogs pursuant to this section. The owner of the dog shall be liable to Madison County for the costs and expenses incurred in impounding, feeding, and providing veterinary care or treatment for the dog. (d) The district attorney, county attorney, or the designee of either, shall be authorized to file a petition in the district court to declare the dog that caused physical injury to a human being in Madison County to be dangerous. The owner of the dog shall be served with a copy of the petition. (e) A dog that is the subject of a dangerous dog investigation may not be relocated and ownership shall not be transferred pending the outcome of the investigation and hearing to determine whether to declare the dog to be dangerous. (f) The court hearing shall be held as soon as practicable. At the hearing, the district attorney, county attorney, or the designee of either, shall present evidence that the dog is dangerous and whether the dog caused serious physical injury to a human being. (1) If the court determines that the dog is dangerous and has caused serious physical injury or death to a human being, the court shall order the dog to be humanely euthanized by a licensed veterinarian or an authorized animal control official. (2) If the court determines that the dog is dangerous, but has not caused serious physical injury or death to a human being or other animal, the court shall issue orders authorized by this section. (g) The pleading and practice in all cases to petition the court to declare a dog to be dangerous under this section shall be in accordance with the Alabama Rules of Civil Procedure unless otherwise specified by this amendment. The court may tax all costs of the proceedings including attorney's fees and expert witness fees to the owner of the dog. Section 5. (a) A dog may not be declared dangerous in any of the following circumstances: (1) When an injury or damage was sustained by a person who at the time of the injury or damage was committing a willful trespass or other tort upon premises occupied by the owner or custodian of the dog with the intent to commit a crime or was committing a crime; was teasing, tormenting, abusing, or assaulting the dog; or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog. (2) When the dog was protecting or defending a person within the immediate vicinity of the dog from an unjustified attack or assault. (3) When the dog was responding to pain or injury or protecting itself, its kennel, or its offspring. (4) When a person or domestic animal was disturbing the natural functions of the dog such as sleeping or eating. (b) Neither growling nor barking, or both, shall alone constitute grounds upon which to find a dog to be dangerous. Section 6. (a) If a court determines that a dog is dangerous, but does not order that the dog be destroyed because evidence was insufficient to determine that the dog caused serious physical injury, in addition to any other requirements imposed by the court, within 30 days of the issuance of the order declaring the dog to be dangerous, the owner of the dog shall register the dog with the Madison County Animal Control Department. All certificates of registration required to be obtained under this section shall only be issued to persons 18 years of age or older who present evidence of the following: (1) A current certificate of rabies vaccination. (2) A current photograph of the dog. (3) That the dog will be confined to a proper enclosure when the dog is outdoors and unattended. (4) That the dog has been neutered or spayed, unless medically not needed. (5) That the dog has been permanently identified by tattooing or injecting an identification microchip using standard veterinary procedures and practices, and the name, address, and phone number of the veterinarian performing the identification procedure. (6) A policy of insurance, such as homeowner's, or a surety bond in the amount of not less than one hundred thousand dollars ($100,000) covering the medical or veterinary costs, or both, resulting from any future dangerous actions of the dog. (7) If the owner of the dangerous dog is not the owner of the property where the dog is kept, the owner of the dog must obtain from the property owner written permission for the dangerous dog to be kept there. (8) A notarized affidavit from the owner of the dangerous dog stating that the dog will be under the control of a person 18 years or older when the dog is not in a proper enclosure or inside a building and that the dog will not be allowed outside the property of its owner except in emergencies or for normal or necessary medical or health-related treatment. (b) If the owner fails to provide a proper enclosure for the dangerous dog or fails to provide a certification of dangerous dog registration to the court within 30 days of the issuance of the court's declaration that the dog is dangerous, the dog shall be humanely euthanized. (c) The owner of the dangerous dog shall pay an annual fee to register the dog pursuant to the provisions of this amendment. The amount of the dangerous dog registration fee shall be fee shall be in addition to any regular dog licensing fee required by Madison County. (d) An animal control officer or law enforcement officer may make whatever inquiry is deemed necessary to ensure compliance with this amendment and any court order issued pursuant to this amendment. (e) Prior to a dangerous dog being sold or given away, the owner shall advise the new prospective owner in writing that the dog has been declared to be dangerous by a court and shall provide the Madison County Animal Control Department the name, address, and telephone number of the new owner. The new owner shall comply with all of the requirements of this amendment. Section 7. The owner of a dog which has been declared to be dangerous by a court may petition the district court to remove the dangerous dog designation 18 months after the judicial declaration was issued. A copy of the petition shall be served upon the district attorney or county attorney. The court may remove the dangerous dog designation and eliminate any requirements of this amendment if the owner of the dog has not violated this amendment and any orders of the court, and if the court is satisfied from the evidence that the dog is no longer dangerous. Section 8. (a) If a dog that has previously been declared by a court to be dangerous, when unprovoked, shall cause serious physical injury or kill a human being the owner of the dog shall be guilty of a Class C felony. (b) If a dog that has not been declared by a court to be dangerous, attacks and causes serious physical injury or death to any human being, and the owner of the dog had prior knowledge of the dangerous propensities of the dog, yet demonstrated a reckless disregard of the propensities under the circumstances, the owner of the dog shall be guilty of a Class A misdemeanor. (c) In addition to any fines imposed by the court, a person guilty of violating subsections (a) and (b) of this section shall pay all expenses, including, but not limited to, shelter, food, veterinary expenses for boarding and veterinary expenses necessitated by impoundment of the dog, medical expenses incurred by a victim from an attack by a dangerous dog, and other expenses required for the destruction of the animal. (d) An owner of a dog declared to be dangerous by a court who does not contain the dog in a proper enclosure shall be guilty of a Class C misdemeanor. (e) An owner of a dog declared to be dangerous by a court who has been adjudicated guilty of subsection (d) and subsequently fails to contain a dangerous dog in a proper enclosure shall be guilty of a Class B misdemeanor. Section 9. Nothing in this amendment shall be construed to repeal other criminal laws. Whenever conduct prescribed by any provision of this amendment is also prescribed by any other provision of law, the provision which carries the more serious penalty shall be applied. Section 10. (a) Nothing in this amendment shall be construed to restrict or negate the requirements of the rabies control law contained in Sections 3-7A-1 to 3-7A-16, inclusive, Code of Alabama 1975. (b) Nothing in this amendment is designed to abrogate any civil remedies available under statutory or common law. Section 11. Any person who knowingly makes a false report to a law enforcement officer or an animal control officer that a dog is dangerous is guilty of a Class C misdemeanor. Section 12. Madison County, its district attorney and its county attorney and any of its, or their employees or agents, and the individual issuing the dangerous dog certificate or registration shall be immune from any and all liability for any actions taken or for any failure to act pursuant to this amendment. Section 13. The Madison County Commission shall establish the date on which these provisions shall become effective. (Amendment 862) Article 2. Nuisances §45-9.20. Noise Level Restrictions. (Amendment 934) (a) This amendment shall apply only to portions of Madison County outside the corporate limits of any municipality. (b) The purpose of this amendment is to protect and to provide for the health, safety, and welfare of the citizens of Madison County, and to promote commerce, property enjoyment, quality of life, and quality of the environment by authorizing the Madison County Commission to adopt, amend, and enforce ordinances or resolutions to limit noise levels and to regulate public nuisances caused by noise levels in order to minimize the exposure of its citizens to the physiological and psychological dangers of excess noise. (c) The Madison County Commission may adopt and amend ordinances or resolutions applicable in the unincorporated areas of Madison County to prohibit excessive noise; to regulate, limit, and control noise levels; to control public nuisances caused by excessive noise levels; and to provide criminal penalties for violations. These ordinances and resolutions shall be enforceable in any court of competent jurisdiction within the county. Notwithstanding the foregoing, no ordinance or resolution may be adopted to restrict noise produced in the ordinary course of business by industrial manufacturing, or farming facilities or activities. (d) The Madison County Commission may provide criminal penalties for violation of the ordinance or resolution adopted pursuant to this amendment not to exceed the penalties for a Class C misdemeanor. (Amendment 934) ”

Chapter 10

“ Chapter 10. Taxation Article 1. Miscellaneous Provisions §45-10.00. Delinquent Property Tax Notices. (Amendment 348) Notwithstanding any provisions of section 104 to the contrary, the legislature of the state of Alabama is authorized to enact local legislation applicable to Madison county to change the method prescribed by law for giving notice to delinquent Madison county taxpayers of their failure to pay taxes assessed against any property which is assessed to them and to further change the notice required to be given them prior to the sale for taxes of said property and to further change the method for issuing decrees for the sale of land and the trials held to determine whether such sales should be ordered and to change the method of giving notice to delinquent property owners to show cause why a decree of sale should not be rendered against them and to further change the method regarding the sale of said property and the report of the amount of taxes collected from said sale, provided that if the vote of the majority of electors in Madison county voting in the constitutional amendment election is unfavorable to the adoption of such amendment, said amendment shall not be adopted. (Amendment 348) §45-10.01. Occupational Tax Prohibited. (Amendment 841) (a) No privilege or license tax on the gross receipts of any natural person derived from the conduct of a vocation, occupation, calling, or profession may be levied in Madison County. (b) Nothing in this amendment is intended to repeal or affect the current authority granted by local act to Madison County to impose business licenses or the current authority granted to municipalities to impose municipal business licenses, including those imposed pursuant to Sections 11-51-90, 11-51-91, 11-51-92, and 11-51-93, Code of Alabama 1975. (Amendment 841) Article 2. Schools §45-10.20. School District 1. (Amendment 149) In addition to all taxes now or hereafter authorized by the Constitution and laws of Alabama, a special tax of five mills on each dollar's worth of taxable property situated in school district no. 1, of Madison county, is hereby authorized, the proceeds of which shall be used exclusively for public school purposes within the said district. If in the election on this amendment the amendment receives the favorable vote of a majority of the qualified electors of the district who vote hereon, a special tax of five mills shall be collected in the district, as other special school district taxes are collected, for the tax year ending September 30, 1959, and for each succeeding tax year thereafter until the tax is repealed as herein provided. If in the election on this amendment a majority of the qualified electors of the district who vote hereon vote against the amendment, the special tax hereby authorized may be levied only if the question of levying the tax, and the purpose thereof, shall have been first submitted to the vote of the qualified electors of the district and voted for by a majority of the electors participating in the election. The election shall be called, held, conducted, and governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), which governs elections on special school district taxes; and the tax hereby authorized shall be levied and collected in the district as other special school district taxes are levied and collected. If the proposal to levy the tax is defeated in any such election, it may not again be submitted to a vote for one year, but after the expiration of one year, and at intervals of at least one year thereafter, such proposal may be resubmitted to the qualified electors of the district. After the special tax authorized hereby has been levied, the court of county commissioners, board of revenue or like governing body of Madison county, upon receipt of a petition signed by not less than twenty per cent of the qualified electors who reside in the district, must call an election at which the question of the repeal of the tax, upon payment of all obligations then outstanding, if any, shall be submitted to the qualified electors of the district. Should a majority of the qualified electors participating in this election vote for the repeal of the tax, it shall cease immediately upon the payment in full of all outstanding pledges, if any, against it. Should a majority of the electors participating in the election vote against repeal, the question of repeal may not again be submitted to a vote for one year; but after the expiration of one year, and at intervals of at least one year thereafter, upon receipt of a petition signed by not less than twenty per cent of the qualified electors residing within the district, the county governing body may order the question of repeal of the tax resubmitted to the qualified electors of the district. The elections provided for herein shall be called, held, conducted, paid for, and governed otherwise in the manner provided by article 7, chapter 10, Title 52, Code of Alabama (1940), for an election on the special district school taxes authorized by Sections 269.01 through 269.03. The collection of the tax shall also be governed by the applicable provisions of article 7, chapter 10, Title 52, Code of Alabama (1940), and the proceeds shall be used exclusively for public school purposes within the district. This amendment shall be self-executing. (Amendment 149) §45-10.21. Additional Taxes in School District 1. (Amendment 304) Section 1. In addition to any taxes now authorized, or that may be hereafter authorized, by the Constitution and laws of Alabama, there is hereby levied a special school tax of fifty cents on each one hundred dollars' worth of taxable property in school tax district no. 1, Madison county, Alabama, which comprises all of Madison county, Alabama except the city of Huntsville, Alabama to be used solely for public school purposes; provided the levy of said tax shall first have been approved by the qualified electors of the school district as hereinafter provided. Section 2. In the event this amendment is approved and a majority of the qualified electors of said school tax district no. 1, Madison county, Alabama, who vote thereon vote in favor of the adoption of this amendment when it is submitted, the additional tax provided for in section 1 shall be levied and collected for a period of thirty years without any other election having been held thereon. In the event this amendment is approved and a majority of the qualified electors of school tax district no. 1, Madison county, Alabama, who vote thereon vote against its approval, the tax shall not be levied unless the rate of the tax, the time it is to continue and the purpose thereof shall have been again submitted to a vote of the qualified electors of school tax district one, Madison county, Alabama, and voted for by a majority of those voting at the election. Subsequent elections may be held at intervals of not less than one year and shall be called, held, conducted, paid for and governed otherwise in the manner provided for an election on the school district tax authorized in Sections 269.01 through 269.03. (Amendment 304) §45-10.22. Repeal of Exemptions from Certain School Taxes. (Amendment 455) All exemptions authorized by section 40-9-19, Code of Alabama 1975, as amended, against that portion of any local ad valorem taxes levied on any property situated in Madison county that upon collection has the proceeds thereof earmarked for public school purposes are hereby repealed and such exemptions shall no longer be granted against said portion of such local taxes. (Amendment 455) §45-10.23. Ratification of Certain School District 1 Taxes. (Amendment 608) Any provision of the Constitution of Alabama of 1901, as amended, to the contrary notwithstanding, all sales and use taxes for public school or education purposes imposed pursuant to Act No. 82-525 in School District One in Madison County which have been approved by a majority vote of the qualified electors of School District One in Madison County prior to January 1, 1996, and the levy and collection thereof from the date of the initial levy thereof, are hereby authorized, ratified, and confirmed regardless of any statutory or constitutional defects, mistakes, errors, or ambiguities, including without limitation, with respect to the authorization, adoption, or levy thereof or the election thereon, any failure to publish any required notice, or any act of or failure to act by the Legislature with respect thereto; provided, however, that the authorization, ratification, and confirmation effected by this amendment shall not be applicable to any sales and use tax which is being challenged in appropriate judicial proceedings in any proper court on the date the act proposing this amendment is adopted. (Amendment 608) ”

Chapter 11

“ Chapter 11. Zoning, Planning, and Utilities Article 1. Fire Protection §45-11.00. Fire Protection Purposes. (Amendment 378) The legislature may, by general or local law, provide for the establishment of fire districts within Madison county to provide fire fighting and prevention services; and may authorize the levy and collection of certain rates, fees, charges or taxes for such services. (Amendment 378) Article 2. Police Jurisdiction §45-11.20. Municipal Corporate Limits. (Amendment 531) In Madison county, no police jurisdiction nor any planning or zoning regulation of a municipality located wholly or partially within Madison county shall extend beyond the corporate limits of the municipality. (Amendment 531) ”

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Text of the Constitution
• An Overview of Alabama's Six Constitutions
• Alabama Citizens for Constitutional Reform

Additional reading

• Connor, George E. Connor, and Christopher W. Hammons (2008). The Constitutionalism of American States. Columbia, Missouri: University of Missouri Press.
• McMillan, Malcolm Cook (1955). Constitutional Development in Alabama, 1798-1901: A Study in Politics, the Negro, and Sectionalism. Chapel Hill, North Carolina: University of North Carolina Press.