County Commission | The Magazine June 2017 | Page 19

FROM THE COVER
these options involves the
Alabama Legislature.
The petition route is a means for
citizens to initiate a referendum. If
10 percent of the registered voters in
a county’s unincorporated areas sign
a petition seeking a Limited Self-
Governance referendum, the county
commission must make preparations
at its next regularly scheduled meeting
for the public to vote on the question.
The probate judge is charged with
responsibility for verifying signatures
and certifying that the minimum
requirement has been met.
I
Secondly, the county commission
may pass a resolution calling
for a Limited Self-Governance
referendum. The resolution must
pass by a majority of the members
of the commission at a regularly
scheduled commission meeting, not
a special meeting.
Regardless of the route, the
referendum request must be
received by the probate judge
not later than 74 days before an
election, which is the same timeline
as for candidates. All other aspects
of the Limited Self-Governance
referendum follow state election law.
The act also specifies that a
county can only have a referendum
on Limited Self-Governance once
every 48 months. If it fails at the
ballot box, it cannot come back
up for a vote for a minimum of
four years.
The referendum process is
the same to turn Limited Self-
Governance “on” or “off.” So, in a
county where the act is in effect, a
referendum to repeal it can be
called by citizen petition or the
county commission. n
Putting Limited Self-Governance to Work
mplementation of Limited Self-
Governance is handled through
ordinances, and detailed work
is necessary to get a proposed
ordinance ready.
Careful work at this stage
really pays off though, because each
ordinance can be customized to suit
the particular needs and resources of
a given county.
The process for the county
governing body to adopt an ordinance
is pretty straightforward. The biggest
requirements are minimum public
notice of 30 days and the commission
can only vote on these ordinances in a
regularly-scheduled meeting.
Unfortunately, an ordinance is
not as simple as a resolution stating
that “animal nuisances, as defined in
such-and-such state law, are hereby
prohibited in Jones County.”
Rather, the ordinance must
address each and every detail of the
prohibition, enforcement, penalties
and due process. Here are a few
major points and how they might
apply to preparation of an animal
control ordinance. n
© Yuriy Zelenen'kyy | Dreamstime.com
• What activities will be regulated and how? Will it apply only to animals running
loose? What about loud barking?
• Who is responsible for enforcement? Animal control officer? Also approach
the sheriff?
• What are the consequences for violations? The LSG law authorizes fees and
civil penalties. What activities result in consequences? How and when are
penalties assessed?
• Who is responsible for compliance? Need to define animal owner and speak to
situations where someone other than the owner is caring for the animal.
• Who collects penalties and fees? How are they collected?
• How are violations addressed? Can a loose animal be impounded?
Can boarding costs be recouped?
• How to address a violator’s right to appeal?
• In what circumstances will the county take the matter to circuit court?
i.e. failure to pay for a certain length of time? three citations for the
same violation?
A sample animal control ordinance, drafted by the Association, is available
online at www.selfgov.net/county-resources. In addition, a few examples
of county-adopted ordinances are available there as well.
COUNTY COMMISSION | 19