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Limited Self-Governance Act. Act No. 2005-200, “The Alabama Limited Self-Governance Act,” became law on May 26, 2005 Is not effective in any county until approved by local referendum. Limited Self-Governance Act. Vote will only be by those residing in unincorporated areas

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Limited Self-Governance Act

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Limited self governance act l.jpg

Limited Self-Governance Act

  • Act No. 2005-200, “The Alabama Limited Self-Governance Act,” became law on May 26, 2005

  • Is not effective in any county until approved by local referendum


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Limited Self-Governance Act

  • Vote will only be by those residing in unincorporated areas

  • Referendum can only take place at a primary or general election


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Limited Self-Governance Act

  • The local referendum is held ONLY in the unincorporated portion of the county

  • ONLY those residents in the unincorporated area of the county may vote on the question


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Limited Self-Governance Act

  • Election is called:--By resolution of the county commission--By petition of 10 percent of the qualifiedvoters from the unincorporated area


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Limited Self-Governance Act

  • Election can only be during primary,regular or special election held foranother purpose

  • The ballot question is “whether the powersauthorized under the act shall beeffective in the county”


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Limited Self-Governance Act

  • Separate vote is NOT taken on each oneof the powers granted in the act

  • Election in each county can only be heldonce every 48 months


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Limited Self-Governance Act

  • The county commission or citizens signinga petition may also call an electionrepealing the application of the act, nosooner than 48 months after the initialapproval is granted.

  • Otherwise the election is held undergeneral Alabama election laws


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Limited Self-Governance Act

  • After an affirmative vote, the county is authorized to exercise the powers outlined in the act in order to provide for or control:“its property and affairs”“public welfare, health and safety”


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Limited Self-Governance Act

  • Powers for the protection of “welfare, health and safety” are restricted to:--“abatement of weeds”--control of “litter” or “rubbish”--control of “animals and animal nuisances”


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Limited Self-Governance Act

  • Powers for the protection of “welfare, health and safety” are restricted to:--“junkyard control”

    --“abatement of noise, unsanitary sewageor pollution”


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Limited Self-Governance Act

  • The Act includes references to Alabama code sections that include definitions of weeds, animal nuisances, litter, rubbish and other terms

  • Act specifically says powers cannot be exercised inside a city unless the city authorizes the county to act on its behalf


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Limited Self-Governance Act

  • Powers in the Act cannot be used to:--Raise or levy taxes--Establish Planning and Zoning--Regulate utilities, railroads, landfills orother companies regulated by anumber of named agencies


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Limited Self-Governance Act

  • Powers in the Act cannot be used to:--Regulate the state’s court system, cities,schools or pari-mutuel betting--Regulate civil or private law or expendpublic money on private property--Violate property rights


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Limited Self-Governance Act

  • Powers in the Act cannot be used to:--Regulate a farm operation that is not determined to be a nuisance by other sections of Alabama law --Regulate a properly permitted miningoperations


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Limited Self-Governance Act

  • Implementation of Powers:--Commission adopts “ordinances” toimplement the act--Commission publishes notice of theproposed ordinances before vote


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Limited Self-Governance Act

  • Implementation of Powers:--Ordinances must include a provision thatthose cited for violating the ordinancesbe notified that they can appeal to thecommission


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Limited Self-Governance Act

  • Implementation of Powers:--Ordinance Power may be used toestablish “administrative fees” that donot exceed the cost of implementationand enforcement of the ordinances


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Limited Self-Governance Act

  • Implementation of Powers:--Assessments and fees for services canonly be charged if the services areprovided to the person or the property


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Limited Self-Governance Act

  • Implementation of Powers:--County Commission may “establish andenforce administrative and civilpenalties, including fines” for theenforcement of its ordinances


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Limited Self-Governance Act

  • Implementation of Powers:--Fines capped at $150 per day, not toexceed a total of $5,000--All fines and penalties must be paid intothe county general fund and earmarkedfor administration of the program


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