§ 1-8. Violations—General penalty; continuing offense.  


Latest version.
  • (a)

    Any person, firm or corporation committing an offense within the corporate limits of the city, or within the police jurisdiction thereof, which is in violation of an ordinance of the city, now existing or hereafter enacted, shall, upon conviction, be punished by a fine of not less than $1.00 nor more than $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 months, at the discretion of the court trying the case, for a period of not exceeding six months for a Class A or Class B misdemeanor, and not exceeding three months for a Class C misdemeanor. Provided, however, that 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. Each day's violation of this Code or of any ordinance shall constitute a separate offense.

    (b)

    Any person found to be driving under the influence, in violation of Code of Ala. 1975, § 32-5A-191, as amended, shall, upon conviction, be punished by a fine of not less than $250.00 and not more than $1,000.00 for the first offense, not less than $500.00 and not more than $2,500.00 for the second offense, and not less than $1,000.00 and not more than $5,000.00 for the third or subsequent offense, as provided in the statute, in the discretion of the court trying the case. Imprisonment and labor shall be as provided by statute.

    (Ord. No. 5, § 1, 4-12-1954; Ord. No. 68, § 1, 10-23-1961; Ord. No. 152, § 1, 11-8-1971; Ord. No. 195, § 1, 12-12-1977)

    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; punishment for DUI up to $500.00 and one year in jail, Code of Ala. 1975, § 11-45-9; authority to abate nuisances, Code of Ala. 1975, §§ 11-47-117, 11-47-118; as to municipal courts, see Code of Ala. 1975, § 12-14-1 et seq.; punishment, Code of Ala. 1975, § 13A-5-1 et seq.

(Code 1977, § 1-8)