45-45-175.01
Section 45-45-175.01 Location - Proximity to fire department. (a)(1) In Madison County, any
petroleum product tank farm shall be within five miles of and served by a full-time paid fire
department. The site of any petroleum product tank farm shall be approved by resolution of
the county commission if located outside of the corporate limits of a municipality or by either
resolution of the municipal governing body or by compliance with applicable zoning laws if
located within the corporate limits of a municipality. The petroleum product tank farm operator
shall provide periodic training and fire protection equipment to the fire department staff,
at no cost, for specific risks of fire and spills that could occur. In addition, the petroleum
product tank farm operator shall do all of the following: a. Include all fire protection equipment
required by the National Fire Protection Association Code for petroleum products terminals.
b. Participate in a mutual aid group within the community to...
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45-45-175
Section 45-45-175 Location - Proximity to existing schools. (a)(1) In Madison County, no petroleum
product tank farm may be constructed within one and one-half miles of any existing school.
In addition, the site shall be approved by resolution of the county commission if located
outside of the corporate limits of a municipality or by either resolution of the municipal
governing body or compliance with applicable zoning laws if located within the corporate limits
of a municipality. (2) For the purposes of this section, the term petroleum product tank farm
means a terminal for the storage of gasoline, diesel fuel, or jet fuel in large quantities
greater than 200,000 gallons for loading into tanker trucks. (b) For any violation outside
a municipality, the Madison County Commission shall seek injunctive or remedial relief for
any violation of this section as may exist under the general laws of Alabama. For any violation
within a municipality, the municipality shall seek injunctive or...
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45-45-174
Section 45-45-174 Noise control. (a) In Madison County, the Madison County Commission may enact
a noise ordinance for the areas outside of the corporate limits of any municipality and may
provide that a violation of the ordinance constitutes a public nuisance subject to a civil
fine of not more than one thousand dollars ($1,000) per day to be assessed as provided in
the ordinance. Any law enforcement officer or constable may issue a citation alleging a violation
of the ordinance. The ordinance may provide that the person charged with a violation may pay
a civil fine or request, within 30 days of receipt of the citation, a due process hearing
before the Madison County Commission or a hearing officer designated by the Madison County
Commission on the validity of the citation. An order of the Madison County Commission finding
a violation and an assessment of a civil fine shall be final within 30 days thereof unless
appealed to the Circuit Court in Madison County based on the...
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11-3A-2
Section 11-3A-2 Powers for public welfare, health, and safety; authorization; scope. (a) Except
where otherwise specifically prohibited or provided for either heretofore or hereafter by
general law or the constitution of this state and subject to the procedures and limitations
set out in this chapter, the county commission of a county may provide for its property and
affairs; and for the public welfare, health, and safety of the citizens throughout the unincorporated
areas of the county by exercising certain powers for the protection of the county and public
property under its control. The powers granted herein to provide for the public welfare, health,
and safety of its citizens shall only include the following: (1) Abatement of weeds as a public
nuisance as defined in Section 11-67-60. (2) Subject to the provisions of Section 6-5-127,
control of animals and animal nuisances. (3) Control of litter as defined in subsection (b)
of Section 13A-7-29, or rubbish as defined in subdivision...
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13A-7-29
Section 13A-7-29 Criminal littering. (a) A person commits the crime of criminal littering if
he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter
on any public or private property or in any public or private waters without permission to
do so. For purposes of this subdivision, any series of items found in the garbage, trash,
or other discarded material including, but not limited to, bank statements, utility bills,
bank card bills, and other financial documents, clearly bearing the name of a person shall
constitute a rebuttable presumption that the person whose name appears on the material knowingly
deposited the litter. Advertising, marketing, and campaign materials and literature shall
not be sufficient to constitute a rebuttable presumption of criminal littering under this
subsection. (2) Negligently deposits, in any manner, glass or other dangerously pointed or
edged objects on or adjacent to water to which the public has lawful access for...
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40-17-350
Section 40-17-350 Transportation of motor fuel; inspections. (a) Each person operating a refinery
or terminal in Alabama shall prepare and provide to the driver of every highway vehicle receiving
motor fuel at the facility a shipping document setting out on its face the destination state
as represented to the terminal operator by the shipper or the shipper's agent. Failure to
comply with this subsection may result in a department imposed penalty of not less than five
hundred dollars ($500) nor more than one thousand dollars ($1,000), to be multiplied by the
sum of the current violation plus prior violations of this subsection. (b) Every person transporting
motor fuel in Alabama in a highway vehicle other than in its supply tank shall carry on board
a shipping document issued by the facility where the motor fuel was obtained. The shipping
document shall set out on its face the state of destination of the motor fuel transported
in the highway vehicle. Violation of this subsection...
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39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations;
exclusions; emergency actions; sole source specification. (a) Before entering into any contract
for a public works involving an amount in excess of fifty thousand dollars ($50,000), the
awarding authority shall advertise for sealed bids, except as provided in subsection (j).
If the awarding authority is the state or a county, or an instrumentality thereof, it shall
advertise for sealed bids at least once each week for three consecutive weeks in a newspaper
of general circulation in the county or counties in which the improvement or some part thereof,
is to be made. If the awarding authority is a municipality, or an instrumentality thereof,
it shall advertise for sealed bids at least once in a newspaper of general circulation published
in the municipality where the awarding authority is located. If no newspaper is published
in the municipality, the awarding authority shall advertise by...
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4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its
own name in civil actions, excepting actions in tort against the authority; (3) To adopt and
make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws
for the regulation and conduct of its affairs and business; (5) To acquire, receive, take
and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property
of every description, whether real, personal or mixed, whether in one or more counties and
whether within or without the corporate limits of any authorizing subdivision, and to manage
said property and to develop any property and to sell, exchange, lease or...
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45-45-70
Section 45-45-70 Adoption of laws and codes; inspectors; fees. (a) In Madison County, the county
commission shall adopt building laws and codes by ordinance which shall apply to all commercial
or industrial improvements in the county. The building laws and codes of the county commission
shall not apply to any municipality which is enforcing its building code and law within the
corporate limits of the municipality without the express consent of the municipality. The
county commission may employ building inspectors to see that its laws and codes are not violated
and that the plans and specifications for commercial or industrial buildings are not in conflict
with the ordinances of the county and may exact fees to be paid by the owner of property inspected.
The fees for permits and inspections provided for herein shall be set so that the fees shall
be revenue and performance neutral, reflecting the functions of the inspection department
of the county as reflected in its charter. (b) This...
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45-45-21
Section 45-45-21 Regulation of sale of alcoholic beverages on Sunday. (a)(1) This section only
applies to Madison County. (2) This section applies to the sale of alcoholic beverages on
Sunday by retail licensees of the Alcoholic Beverage Control Board of Alabama. (b)(1) The
governing body of any municipality within the county, by ordinance adopted by a simple majority,
may authorize and permit the sale of alcoholic beverages within the corporate limits of the
municipality on Sunday in the same manner as permitted on other days of the week. (2) The
County Commission of Madison County, by resolution adopted by a simple majority, may authorize
and permit the sale of alcoholic beverages within the unincorporated areas of the county on
Sunday in the same manner as permitted on other days of the week. (c) The provisions of this
section are cumulative and supplemental to the present power and authority of the county and
municipalities located therein, and this section is not intended to, nor...
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