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11-52-80
Section 11-52-80 Board of adjustment - Creation; composition; qualifications, appointment,
terms of office and removal of members; vacancies; adoption of rules of procedure; meetings;
record of proceedings; procedure for appeals to board from decisions of administrative officials;
powers of board as to appeals. (a) In availing itself of the powers conferred by this article,
the legislative body of any incorporated city or town may provide for the appointment of a
board of adjustment and, in the regulations and restrictions adopted pursuant to the authority
of this article, may provide that the said board of adjustment shall in appropriate cases
and subject to appropriate conditions and safeguards make special exceptions to the terms
of the ordinance in harmony with its general purposes and interests and in accordance with
general or specific rules therein contained. The board of adjustment shall consist of five
members, each to be appointed for a term of three years, except that in the...
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17-10-2
Section 17-10-2 Provisional ballots; certification; tabulation; identification of ballots.
(a) A voter shall be required to cast a provisional ballot when: (1) The name of the individual
does not appear on the official list of eligible voters for the precinct or polling place
in which the individual seeks to vote, and the individual's registration cannot be verified
while at the polling place by the registrar or the judge of probate. (2) An inspector has
knowledge that the individual is not entitled to vote at that precinct and challenges the
individual. (3) The individual is required to comply with the voter identification provisions
of Section 17-10-1 but is unable to do so. If the voter's ballot becomes a provisional ballot
due to lack of identification, the identification, including the address and telephone number
of the voter, must be provided to the board of registrars no later than 5:00 p.m. on the Friday
following the election. If the voter fails to provide identification to...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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11-44E-52
Section 11-44E-52 Grant of franchise; lease, or right to use streets, etc.; transfer of waterworks,
sewer, electric, or gas plant and system to board or public corporation. No resolution, bylaw,
or ordinance granting to any person, firm, or corporation any franchise, lease, or right to
use the streets, public highways, thoroughfares, or public property of the city organized
under the provisions of this chapter, either in, under, upon, along, through, or over same
shall take effect and be in force until 30 days after the final enactment of same by the commission,
and publication of said resolution, or ordinance in full once a week for three consecutive
weeks in some newspaper published in the city, which publication shall be made at the expense
of the persons, firms, or corporations applying for the grant. Pending the passage of any
such resolution or ordinance, or during the time intervening between its final passage and
the expiration of the 30 days during which publication shall be...
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11-42-207
Section 11-42-207 Question submitted; conduct of election generally; form, marking, etc., of
ballots; appointment, etc., of clerks, inspectors, and returning officer; ascertainment, etc.,
of election results; entry of order as to adoption of proposed corporate limits, etc. (a)
The election shall be to determine whether or not the proposed corporate limits shall be established,
and such election must be conducted in all respects as provided by the general election laws
and under the same sanctions and penalties, except as changed by the provisions of this article
and except that no official ballot need be provided. (b) Each voter may furnish his own ballot
with the following words written or printed thereon: "For adoption of the proposed corporate
limits," if he desires to vote in favor of proposed corporate limits or "Against
the adoption of proposed corporate limits," if he desires to vote against the adoption
of proposed corporate limits. It shall not be necessary for the ballot to...
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11-40-10
Section 11-40-10 Police jurisdiction; force and effect of ordinances; jurisdiction on islands
and offshore water adjacent to Florida; annexations. (a)(1) The police jurisdiction in municipalities
having 6,000 or more inhabitants shall cover all adjoining territory within three miles of
the corporate limits, and in municipalities having less than 6,000 inhabitants and in towns,
the police jurisdiction shall extend also to the adjoining territory within a mile and a half
of the corporate limits of the municipality or town. (2) After May 12, 2016, and in addition
to any other requirements of this section, any extension of the police jurisdiction of any
municipality as otherwise provided in subdivision (1) shall not be effective beyond the corporate
boundaries of the municipality without an affirmative vote of the municipal governing body.
Notwithstanding the foregoing, this subdivision shall not affect the boundaries of the police
jurisdiction of a municipality existing on May 12, 2016....
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11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After a municipal
code lien has been recorded with the office of the probate judge of the county in which the
real property lies, the Class 2 municipality may identify those properties on which to commence
a judicial in rem foreclosure in accordance with this article, except that those properties
the Class 2 municipality identifies as owner occupied shall not be subject to judicial in
rem foreclosure under this article. The Class 2 municipality shall not file a petition for
judicial in rem foreclosure in accordance with this article for a period of six months following
the date upon which the municipal code lien is recorded in the office of the probate judge.
A petition for judicial in rem foreclosure may include any other municipal code lien that
has been filed prior to the date the petition is filed. After enforcement proceedings have
commenced in accordance with this article, the enforcement proceedings...
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11-41-1
Section 11-41-1 Authority; petition to probate judge for order of incorporation. When the inhabitants
of an unincorporated community, which has a population of not less than 300, constituting
a body of citizens whose residences are contiguous to and all of which form a homogeneous
settlement or community, desire to become organized as a municipal corporation, they may apply
to the judge of probate of the county in which the territory is situated, or the greater portion
thereof if it is situated in two or more counties, for an order of incorporation, by a petition
in writing signed by not less than 15 percent of the qualified electors residing within the
limits of the proposed municipality and by the persons, firms, or corporations owning at least
60 percent of the acreage of the platted or unplatted land of the proposed municipality. No
platted or unplatted territory shall be included within the boundary unless there are at least
four qualified electors, according to government survey,...
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36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office at the
capital city and perform the following duties: (1)a. He or she shall give his or her opinion
in writing, or otherwise, on any question of law connected with the interests of the state
or with the duties of any of the departments, when required by the Governor, Secretary of
State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and Industries,
Director of Finance, Comptroller, State Health Officer, Public Service Commissioners, Commissioner
of Conservation and Natural Resources, or the Commissioner of the Department of Revenue or
any other officer or department of the state when it is made, by law, his or her duty so to
do, and he or she shall also give his or her opinion to the Chairman of the Judiciary Committee
of either house, when required, upon any matter under the consideration of the committee.
b. The Attorney General shall give his or her opinion, in writing...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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