§ 1-10. General penalty; other remedies for violations.

(a)

Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof which is declared by state law to be a misdemeanor shall be guilty of an offense against the city.

(b)

Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof which is declared by state law to be a violation shall be guilty of an offense against the city.

(c)

Any person committing within the corporate limits of the city or within the police jurisdiction thereof an offense defined by Code of Ala. 1975, § 13A-1-2, which offense is declared by state law to be a misdemeanor or violation shall be guilty of an offense against the city.

(d)

Unless otherwise required by state law or specifically provided in other chapters of this Code with regard to a particular offense, any person found in violation of subsection (a), (b) or (c) of this section shall upon conviction be punished by a fine of not less than $1.00 and not more than $500.00 and in addition may be imprisoned or sentenced to hard labor for the city for a period not exceeding six months. Any corporation found to be in violation of subsection (a), (b) or (c) of this section shall upon conviction be punished by a fine of not less than $1.00 and not more than $500.00.

(e)

Any person found to be in violation for the commission of an offense as defined in Code of Ala. 1975, § 32-5A-191 shall upon conviction be punished in accordance with the provisions of that statute; provided, however, that no fine for such violation shall exceed $5,000.00 and the violator may be imprisoned or sentenced to hard labor for not more than six months.

(f)

Notwithstanding any other provision this section or of law, the maximum fine for every person either convicted for violating any of the following misdemeanor offenses adopted as in this Code or adjudicated as a youthful offender shall be $1,000.00:

(1)

Criminal mischief in the second degree, Code of Ala. 1975, § 13A-7-22.

(2)

Criminal mischief in the third degree, Code of Ala. 1975, § 13A-7-23.

(3)

Theft of property in the third degree, Code of Ala. 1975, § 13A-8-5.

(4)

Theft of lost property in the third degree, Code of Ala. 1975, § 13A-8-9.

(5)

Theft of services in the third degree, Code of Ala. 1975, § 13A-8-10.3.

(6)

Receiving stolen property in the third degree, Code of Ala. 1975, § 13A-8-19.

(7)

Tampering with availability of gas, electricity, or water, Code of Ala. 1975, § 13A-8-23.

(8)

Possession of traffic sign; notification; destruction, defacement, etc., of traffic sign or traffic control device; defacement of public building or property, Code of Ala. 1975, §§ 13A-8-71 and 13A-8-72.

(9)

Offenses against intellectual property, Code of Ala. 1975, § 13A-8-102.

(10)

Theft by fraudulent leasing or rental, Code of Ala. 1975, §§ 13A-8-140 through 13A-8-144.

(11)

Charitable fraud in the third degree, Code of Ala. 1975, § 13A-9-75.

(12)

Illegal possession of food stamps in the third degree, Code of Ala. 1975, § 13A-9-91.

(g)

The penalty imposed upon a corporation shall consist of the fine only, plus costs of court.

(h)

In all cases where the same offense is made punishable or is created by different clauses or sections of this Code or of an ordinance, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided that the revocation of a license or permit, or the abatement of a nuisance and the assessment of the cost thereof, shall not be considered a recovery or penalty so as to bar the enforcement of any other penalty.

(i)

Whenever a minimum, but not maximum, fine or penalty is imposed, the court may in its discretion fine the offender any sum exceeding the minimum fine or penalty so imposed, but not greater than the maximum penalty permitted under this section or by state law.

(j)

No provision of this Code or any ordinance designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty for a failure to perform such duty, unless the intention of the city council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.

(k)

Any person who shall violate, or fail, neglect or refuse to comply with any lawful order of any lawful officer of the city made in pursuance of and under his authority as such officer, or who shall violate, or shall fail, neglect or refuse to comply with any of the rules and regulations or laws adopted by this Code, shall be guilty of an offense.

(l)

The occupant of any premises, and the owner of unoccupied premises, upon which a violation of any provision of this Code or any ordinance is apparent, the owner of any object or material placed or remaining anywhere in violation thereof, and the occupant and owner of any premises served by any excavation, connection, or structure illegally made or erected, shall be deemed prima facie responsible for the violation so evidenced and subject to the penalty provided therefor.

(m)

The city council has adopted and maintains a separate schedule of fines applicable to specific violations of this Code, which schedule, as amended from time to time, is on file in the offices of the city magistrate, the municipal court clerk and the city clerk. The city fine schedule may include court costs authorized by state law or rule and this Code.

(Code 1948, §§ 2, 3; Code 1979, §§ 1-8—1-10; Ord. No. 429, § 1, 11-7-1977; Ord. No. 430, § 1, 11-7-1977; Ord. No. 440, §§ 1—4, 12-17-1979; Ord. No. 477, § 1, 8-15-1983)

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 six months, or both, Code of Ala. 1975, §§ 11-45-1, 11-45-9; authority to abate nuisance, Code of Ala. 1975, §§ 11-47-117, 11-47-118; municipal courts, Code of Ala. 1975, § 12-14-1 et seq.