Relating to Tallapoosa County; to provide for the enforcement of traffic laws in private gated communities under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. In Tallapoosa County, any private gated community may request, as provided in this section, for motor vehicle and traffic laws to be enforced on private roads in the gated community by the law enforcement agency or agencies having jurisdiction over the gated community. A private gated community shall make any request pursuant to this section in writing by resolution of the board of directors of the gated community. 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. 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 Tallapoosa 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 The duration of the resolution shall be indefinite except that a resolution may be rescinded effective at the end of the initial four-year period from the date of the initial resolution or effective at the end of any four-year anniversary thereafter by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 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 requests traffic laws to be enforced pursuant to this section, any speed limit in the private gated community shall be set by the appropriate political subdivision in the same manner as speed limits in other subdivisions. The directors of the community shall determine where the speed limit signs shall be posted, but at a minimum, a sign shall be posted at every gate stating the speed limit in the community unless a different speed limit is posted at a location.
Section 2. This act shall not be interpreted to do any of the following:
(1) Affect any covenants in any subdivision.
(2) Require the posting of any traffic signs in any gated community, except as required in Section 1.
(3) Affect or open any private road.
Section 3. This act shall become effective immediately upon the ratification of a constitutional amendment authorizing the enforcement of motor vehicle and traffic laws in Tallapoosa County on private roads in gated communities.