§ 1-8. General penalty; violation of Code, ordinance or state law.  


Latest version.
  • (a)

    Any person committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is in violation of this Code or any ordinance of the city, now existing or hereafter enacted, shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). In addition thereto, any person so convicted, may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the court trying the case. Provided, however, no penalty shall consist of a fine or sentence of imprisonment exceeding the maximum fine or sentence of imprisonment established under state law for the commission of substantially similar offenses.

    (b)

    Any person or corporation committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is declared by a law or laws of the State of Alabama now existing or hereafter enacted to be a "misdemeanor", shall be guilty of an offense against the city.

    (c)

    Any person or corporation committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is declared by a law or laws of the State of Alabama now existing or hereafter enacted to be a "violation", shall be guilty of an offense against the city.

    (d)

    Any person or corporation committing within the corporate limits of the city, or within the police jurisdiction thereof, an "offense" as defined by § 13A-1-2 of the Alabama Criminal Code, which offense is declared by a law or laws of the State of Alabama now existing or hereafter enacted to be a felony, misdemeanor or violation, shall be guilty of an offense against the city.

    (e)

    Any person found to be in violation of paragraphs (b), (c) or (d) of this section shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) and/or may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, at the discretion of the court trying the case, except as otherwise provided by paragraph (g) of this section.

    (f)

    Any corporation found to be in violation of paragraphs (b), (c) or (d) shall upon conviction be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), at the discretion of the court trying the case.

    (g)

    Any person found to be in violation of § 32-5A-191, Code of Alabama, 1975, as amended, shall, upon conviction, be punished as provided by law.

    (h)

    Any ordinance heretofore adopted by the governing body of the city, which is in conflict with this chapter is hereby repealed to the extent of such conflict.

    (i)

    If any part, section or subdivision of this chapter shall be held unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of this chapter, which shall continue in full force and effect notwithstanding such holding.

    (j)

    This chapter shall become effective upon its adoption and publication as required by law.

(Ord. of 12-18-79, § 4, Ord. No. A-34, 8-16-83; Ord. No. A-72, § 1, 12-19-89; Ord. No. A-164, 6-28-99; Ord. No. A-181, 6-26-2000)

State law reference

Authority of city to enforce obedience to ordinances by fine not exceeding $500.00 and by imprisonment or hard labor not exceeding 6 months, or both, Code of Ala. 1975, §§ 11-45-1, 11-45-9; authority to abate nuisances, §§ 11-47-117, 11-47-118; as to municipal courts, see § 12-14-1 et seq.; fines and costs in summary disposition, Ala. Rules of Judicial Administration (Code of Ala. 1975, Vol. 23), Rules 2, 18, 19.

Cross reference

Power of municipal court, § 7-10; court costs, § 7-10(d).