§ 45-58-230.21 — Enforcement of Traffic Laws in Certain Private Gated Communities or Platted Subdivisions

Alabama § 45-58-230.21

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 58: Shelby County
• Art. 23: Sheriff
• Part 1: General Provisions
• Subpart 2: Miscellaneous Provisions

Text

(a)
In Shelby County, pursuant to Amendment 756 to the Constitution of Alabama of 1901, as amended by Amendment 799 to the Constitution of Alabama of 1901, now appearing as Section 58–9.00 of the Constitution of Alabama of 2022, any private gated community or any platted subdivision having 35 or more houses may request, as provided in this section, for traffic laws to be enforced on private roads in the gated community or on roads which are not public in platted subdivisions having 35 or more existing houses by the law enforcement agency or agencies having jurisdiction over the gated community or the platted subdivision. A private gated community or the platted subdivision covered by this section shall make any request pursuant to this section in writing by resolution of the board of directors of the gated community or the homeowner’s association of the platted subdivision. Any resolution adopted pursuant to this section shall be filed with the appropriate law enforcement agency or agencies having jurisdiction over the area of the gated community or the platted subdivision. If accepted by any appropriate law enforcement agency, the resolution and a copy of the acceptance in writing shall be filed with the Judge of Probate of Shelby County and shall be operative 60 days after filing with the judge of probate. An additional acceptance may be filed thereafter, but shall not affect the operative date of the resolution. The duration of the resolution shall be indefinite except that a resolution may be rescinded effective at the end of the initial four-year period from the date of the initial resolution or effective at the end of any four-year anniversary thereafter by a resolution of the board of directors of the gated community or the homeowner’s association of the platted subdivision adopted at the end of the initial four-year period or any anniversary date of any four-year period after the operative date of a resolution. In the event the private gated community or the platted subdivision requests traffic laws to be enforced pursuant to this section, any speed limit in the private gated community or the platted subdivision shall be set by the appropriate political subdivision in the same manner as speed limits in other subdivisions. The directors of the gated community or the directors of the homeowner’s association of the platted subdivision shall determine where the speed limit signs shall be posted, but at a minimum, a sign shall be posted at every gate or every road entering the subdivision stating the speed limit in the community or subdivision unless a different speed limit is posted at a location.
(b) This section shall not be interpreted to do any of the following:
(1)
Affect any covenants in any community or subdivision.
(2)
Require the posting of any traffic signs in any gated community or platted subdivision, except as required in subsection (a).
(3) Affect or open any private road.

Legislative History

(Act 2005–279, p. 507, §§ 1, 2; Act 2008–401, p. 794, § 1.)