§ 1-9. General penalty; continuing violations.

(a)

In this section, the expression "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is prohibited or is made or declared unlawful, an offense, a violation or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the expression "violation of this Code" does not include the failure of a town officer or town employee to perform an official duty unless it is specifically provided that the failure to perform the duty is subject to punishment as provided in this section.

(c)

Except as otherwise provided by law or ordinance, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, imprisonment or confinement at hard labor for a term provided by law, or any combination thereof. The penalty imposed upon a corporation shall be of a fine only, plus costs of court. No penalty shall exceed the maximum established by statute for the commission of a substantially similar offense. For violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense. In addition:

(1)

In the enforcement of the penalties prescribed in Code of Ala. 1975, § 32-5A-191, the fine shall not exceed $5,000.00 and the sentence of imprisonment or hard labor shall not exceed one year.

(2)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

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

h.

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.

i.

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

j.

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

k.

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

l.

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

(3)

In the enforcement of a Class A misdemeanor, including a domestic violence offense, the fine may not exceed $5,000.00 and the sentence of imprisonment may not exceed one year.

(d)

The imposition of a penalty does not prevent the suspension or revocation of a license, permit or franchise.

(e)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief. The imposition of a penalty does not prevent injunctive relief.

(Code 1999, § 1-9)

State law reference

Penalty for ordinance violations, Code of Ala. 1975, § 11-45-9.