Section 45-42-140.02 - Fire protection service fee - Levy; definitions; exemptions(a) There is levied on the owner of each dwelling and business located in those portions of Limestone County located outside the corporate boundaries of any municipality having a municipal fire department a fire protection service fee of two dollars fifty cents ($2.50) monthly on each dwelling and five dollars ($5) monthly on each business to be collected annually.(b) For the purposes of this article a dwelling shall be defined as any building, structure, or other improvement to real property used or expected to be used as a dwelling or residence for one or more human beings, including specifically and without limiting the generality of the foregoing, (i) such a building, structure, or improvement assessed, for purposes of state and county ad valorem taxation, as Class III single-family owner-occupied residential property, (ii) a duplex or an apartment building, and (iii) any mobile home or house trailer. A building, structure, or other improvement shall be classified as a dwelling for purposes of this article notwithstanding: (1) That it is wholly or partially vacant or uninhabited at any time during the year for which a fire protection service fee with respect thereto is or is to be levied; or(2) That it is also used or expected to be used simultaneously for a purpose, whether or not commercial in nature, other than as a dwelling or residence as aforesaid.(c) The fees shall not be construed as a tax on property. The fees shall be levied for the purpose of funding fire protection services to dwellings and businesses under this article.(d) Any person who is 65 years of age or older having a net annual taxable income of seven thousand five hundred dollars ($7,500) or less, as shown on the person's and spouse's latest United States income tax return shall be exempted from paying the fee levied by this article. In the event that the person and spouse are not required to file a United States income tax return, then an affidavit indicating that the net taxable income of the person and spouse for the preceding taxable year was seven thousand five hundred dollars ($7,500) or less shall be sufficient proof. Proof of age shall be furnished when the exemption provided herein is claimed.Ala. Code § 45-42-140.02 (1975)
Act 2008-123, p. 161, § 3; Act 2008-414, p. 814, § 1.