Alabama Advisory Opinions August 11, 1988: AGO 88-00415 (August 11, 1988)

Advisory Opinion Text

Honorable Sid Holcomb

President

DeKalb County commission

Room 304 County Courthouse

Fort Payne, Alabama 35967

Municipalities - Elections -Political Activities -Advertising

County Commission is authorized pursuant to Code of Alabama 1975, § 23-1-80 to prohibit placement of political advertisements along right-of-way of county roads.

Dear Mr. Holcomb:

This opinion is issued in response to the request of the DeKalb County Commission for an Attorney General's opinion.

QUESTION

The DeKalb County Commission has recently received a request from the DeKalb County Chamber of Commerce and the DeKalb County Beautiful Committee to adopt an ordinance prohibiting the placement of various forms of political advertisement such as signs, posters, handbills, etc., along the public right-of-ways of various public roads within the county.

We agree that a growing problem exists during election years with a number of candidates placing various forms of advertising along public roadways, however, we are unsure what authority, if any, we have to place limits or otherwise prohibit various forms of political advertisement along county roads.

The Commission has directed that I obtain a formal opinion from you as to our legal rights and the various constitutional rights that would be effected by such an action.

FACTS AND ANALYSIS

Code of Alabama 1975, § 23-1-80, in pertinent part, states:

"The county commissions of the several counties of this state have general superintendence of the public roads, bridges and ferries within their respective counties so as to render travel over the same as safe and convenient as practicable. To this end, they have legislative and executive powers, except as limited in this chapter. They may establish, promulgate and enforce rules and regulations, make and enter into such contracts as may be necessary or as may be deemed necessary or advisable by such commissions to build, construct, make, improve and maintain a good system of public roads, bridges and ferries in their respective counties, and regulate the use thereof;..."

This section confers both legislative and executive powers on the county commission in the matter of county roads and the commission is given specific authority to "establish, promulgate and enforce rules and regulations ... to maintain a good system of public roads ... " in the county. It is the opinion of this office that this power is broad enough to permit the county commission to prohibit the placement of various forms of political advertisement such as signs, posters and handbills along the right-of-way of county roads. it is our understanding that the State Highway Department has promulgated such a rule for the right-of-way of state highways.

CONCLUSION

A county commission is authorized under the provisions of Code of Alabama 1975, § 23-1-80 to prohibit various forms of political advertisement along with right-of-way of county roads.

I hope this sufficiently answers your question. if our office can be of further assistance, please do not hesitate to contact us.

Sincerely,

DON SIEGELMAN, Attorney General.

CAROL JEAN SMITH, Assistant Attorney General.