BALDWIN COUNTY, AL, On June 21, 2022, the Baldwin County Commission adopted Resolution #2022-110 calling for a local referendum to be held on the question of whether the health and safety powers authorized in Ala. Code § 11-3A-1 et seq. shall be effective in Baldwin County, with such referendum to be held during the General Election on November 8, 2022.
The upcoming referendum will decide if the Baldwin County Commission is granted the additional powers available to counties through the Alabama Limited Self-Governance Act. If the citizens of the unincorporated areas of Baldwin County pass the referendum, the County Commission will have the power to address the abatement of weeds as a public nuisance, the control of animals and animal nuisances, the control of litter or rubbish, the control of junkyard areas which create a public nuisance, and the abatement of noise, unsanitary sewage, or pollution creating a public nuisance.
The County Commission would have the discretion to exercise some or all of those powers, and it would be required to pass an ordinance for the implementation and enforcement of each power it decides to exercise. If the referendum passes, the County Commission will have the authority to adopt ordinances to address the following: the abatement of weeds as a public nuisance, the control of animals and animal nuisances, the control of litter or rubbish, the control of junkyard areas which create a public nuisance, and the abatement of noise, unsanitary sewage, or pollution creating a public nuisance. The County Commission does not have to adopt an ordinance on any of these issues they will just have the power to do so.
Each ordinance adopted by the County Commission must provide a process for notice to any persons cited for violation of such ordinance and must also include procedures for appeal to the County Commission to contest any citation issued for an alleged violation.
The fines for violating an ordinance may not exceed $150.00 per violation, with each day the violation continues constituting a separate offense. The total fine may not exceed $5,000.
If the referendum fails, those additional powers will not be granted to the County Commission.
The powers granted by a successful referendum can also be repealed by a later referendum.
The referendum will ONLY be available on ballots for citizens that live and vote in the unincorporated areas of Baldwin County. Citizens that live and vote in incorporated areas of the county will not see this on their ballots.
“The Alabama Limited Self-Governance Act” (Ala. Code § 11-3A-1 et seq.) authorizes the county commission to exercise certain health and safety powers in the unincorporated areas of the county upon passage of a local referendum in which the qualified voters in the unincorporated areas of the county approved the exercise of these powers by the county commission. Such referendum must be held in conjunction with a primary, general, or special election held for another purpose.
On August 2, 2022, The Baldwin County Commission approved the ballot language for the upcoming referendum on the Alabama Limited Self-Governance Act to be held during the November 8, 2022, General Election, as follows:
“Should the provisions of Act No. 2005-200 (Ala. Code § 11-3A-1 et seq.) apply in Baldwin County?” ____ Yes ____ No”
For any additional information regarding the local referendum on the Alabama Limited Self-Governance Act please contact Budget Director/County Administrator Ronald Cink by telephone at 251.580.1646, or email at email@example.com