32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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45-49-261.07
Section 45-49-261.07 Board of adjustment. The Mobile County Commission shall provide for the
appointment of a board of adjustment and the regulations and ordinances adopted pursuant to
the authority of this part shall provide that the board of adjustment, in appropriate cases
and subject to appropriate conditions and safeguards, may make special exceptions to the terms
of the ordinances and regulations in harmony with their general purposes and interests and
in accordance with general or specific rules therein contained. The board of adjustment shall
be appointed by the Mobile County Commission. The board of adjustment shall consist of three
members who shall be qualified electors of the planning jurisdiction. The board of adjustment
shall reflect as nearly as practical the diversity of land use in the areas within the jurisdiction
of the commission. No more than one of the members of the board of adjustment shall be directly
engaged in real estate sales, development, or construction...
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45-49-171.41
Section 45-49-171.41 Mobile County Indigent Care Board authorized. At the determination of
the county commission, there may be hereby established the Mobile County Indigent Care Board,
hereinafter referred to as the board, whose composition and duties shall be as follows: (1)
The county commission may appoint a Mobile County Indigent Care Board which shall consist
of three members who are duly qualified electors of Mobile County, but no member of such board
shall be employed by any hospital. Of the members of the board first appointed under this
section, one shall be appointed for a term of one year, one shall be appointed for a term
of three years, and one shall be appointed for a term of five years. Thereafter, their successors
shall be appointed for terms of five years and may be appointed to succeed themselves as members
of the board. The county commission shall appoint all members to the board. In the event the
county commission does not appoint the board, the duties and...
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45-49-91.19
Section 45-49-91.19 Appeals to circuit court. 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. In case of an appeal, the commission
shall cause a transcript of the proceedings in the cause to be certified to the court to which
the appeal is taken and the cause in the court shall be tried de novo. The Mobile County Commission
and the board may appear and participate in the appeal, and the cost of appearance and any
subsequent litigation, including the legal expenses of the Mobile County Commission and of
the board, shall be paid from county commission funds. (Act 2005-75, p. 111, § 20.)...
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45-49-91.21
Section 45-49-91.21 Land use control fee. 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 by the Mobile County Revenue Commissioner. However, in no
case shall this fee be less than three dollars ($3) per parcel. Property exempt from fees
and taxes under Act 41 and Act 91 are exempt from the land use control fee provided for under
this section. The Mobile County Revenue Commissioner shall assess the land use control fee
on the real property subject to the land use control fee within the district. The fee shall
be assessed and collected at the same time and in the same manner as ad valorem taxes due
on the property. The board may bring civil action for the collection of the fee, and collection
costs, upon the failure of a property owner to pay the fee as...
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37-1-126
Section 37-1-126 Superseding order - Order of stay or supersedeas. An appeal to the Circuit
Court of Montgomery County shall not stay or supersede the order or action of the commission
appealed from. Subject to the provisions of this subdivision, the circuit court may, upon
hearing and notice, and after consideration of the testimony taken before the commission,
stay or supersede the order or action of the commission. (1) If the appeal to the circuit
court is from an order of the commission reducing or refusing to increase rates, fares or
charges, or any of them, or any schedule or part or parts of any schedule, of such rates,
fares or charges, the circuit court shall not direct or order a supersedeas or stay of the
action or order appealed from without requiring, as a condition precedent to the granting
of such supersedeas, that the utility applying for the same shall execute and file with the
clerk of said court a bond which shall be as provided in this subdivision. (2) If the...
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45-49-240.01
Section 45-49-240.01 Automobile expense allowances. (a) Effective retroactively to August 28,
1981, the chair and each member of the Mobile County Board of Equalization shall be officially
authorized to receive an automobile expense allowance of nine hundred dollars ($900) per annum,
payable in monthly installments out of the county general fund, the sums having been previously
authorized by the county commission and paid to the members. (b) Effective retroactively to
December 15, 1983, the Chair of the Mobile County Board of Equalization shall be officially
authorized to receive an additional automobile expense allowance of two thousand four hundred
dollars ($2,400) per annum, payable in monthly installments out of the county general fund,
and each member shall receive an additional automobile expense allowance of two thousand one
hundred dollars ($2,100) per annum, payable in monthly installments out of the county general
fund, the sums having been previously authorized by the county...
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45-49-261.04
Section 45-49-261.04 Procedure for adoption and amendment of ordinances and regulations. (a)
The Mobile County Commission may adopt ordinances and regulations as necessary to effect this
part. The ordinances or regulations shall be made in accordance with a master plan and designed
to lessen congestion in the streets, to secure safety from fire, panic, and other dangers,
to promote health and general welfare, to provide adequate light and air, to prevent overcrowding
of land, to avoid undue concentration of population, and to facilitate the adequate provision
of transportation, water, sewerage, schools, parks, and other public requirements. The ordinances
and regulations shall be made with reasonable consideration, among other things, to the character
of the planning jurisdiction and its peculiar suitability for particular uses and with the
view of conserving the value of the buildings and encouraging the most appropriate use of
land throughout the planning jurisdiction. For the...
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45-49-110.03
Section 45-49-110.03 Extension of meeting days authorized. (a) The County Commission of Mobile
County is hereby authorized to extend, by resolution duly adopted and spread upon its minutes,
the meeting days of the county board of registrars during the months of May, June, and July.
(b) The operation of this section shall be retroactive to May 1, 1982, and all actions taken
and payments made pursuant thereto on or after that date are hereby ratified and confirmed.
(Act 84-826, 1st Sp. Sess., p. 260, §§ 1, 2; Act 85-494, p. 488, §§ 1, 2.)...
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45-8-120.17
Section 45-8-120.17 Petition for review of board action. Any party, including the county commission
and county appointing authorities, aggrieved by a final action of the board, shall be entitled
to a review of the action by filing a petition in the Circuit Court of Calhoun County within
30 days after the action is taken. Upon the filing of any petition, notice shall also be served
upon the chairperson of the board by the petitioner. The petitioner shall be heard by the
court at the earliest practical date. Review by the court shall be without a jury and confined
to the record of the board action. The record shall include transcripts or other documentation
used by the board in arriving at its action. The court may, upon the terms and conditions
as it shall deem proper, at any time before the hearing of the petition, permit the board
to gather additional information and modify its final decision. The court, upon a hearing
of the petition, may affirm or reverse and render or remand the...
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