§ 1-8. General penalty; violations of Code or ordinance; adopted state law offenses.
(a)
Except as otherwise provided in this Code, 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), and/or may be imprisoned or sentenced to labor for the city for a period not exceeding six (6) months, in the discretion of the court trying the case.
(b)
Except as otherwise provided in this Code, any person 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, now existing or hereafter enacted, to be a misdemeanor shall be guilty of an offense against the city and shall, upon conviction, be subject to the penalties provided in section 1-8(a).
(c)
Except as otherwise provided in this Code, any person 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 to be a violation shall be guilty of an offense against the city and shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than the greater of (i) two hundred dollars ($200.00) or (ii) an amount double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense, such amount in no event to exceed five hundred dollars ($500.00), and/or may be imprisoned or sentenced to labor for the city for a period not exceeding thirty (30) days, at the discretion of the court trying the case.
(d)
Except as otherwise provided in this Code, any person committing within the corporate limits of the city, or within the police jurisdiction thereof, an offense as defined by section 13A-1-2, Code of Alabama 1975, as now or hereafter amended, which offense is not declared by a law or laws of the state, now existing or hereafter enacted, to be a felony, misdemeanor, or violation, shall be guilty of an offense against the city and shall, upon conviction, be subject to the penalties provided in section 1-8(a).
(e)
Any person who shall drive or be in actual physical control of any vehicle within the corporate limits of the city, or within the police jurisdiction thereof, while:
(1)
There is eight one-hundredths (0.08) percent or more by weight of alcohol in his blood;
(2)
Under the influence of alcohol;
(3)
Under the influence of a controlled substance to a degree which renders him incapable of safely driving;
(4)
Under the combined influence of alcohol and a controlled substance to a degree which renders him incapable of safely driving; or
(5)
Under the influence of any substance which impairs the mental or physical facilities of such person to a degree which renders him incapable of safely driving;
shall be guilty of an offense against the city and shall, upon conviction, be punished by a fine of not less than five hundred dollars ($500.00) and not more than two thousand dollars ($2,000.00) for the first offense, not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00) for the second offense, and not less than two thousand dollars ($2,000.00) and not more than ten thousand dollars ($10,000.00) for the third subsequent offense, and in addition to the above penalties, an additional one hundred dollars ($100.00) shall be assessed and added to the fine amount as set by the judge and as prescribed by law for the Impaired Drivers Trust Fund, and as prescribed in Section 32-5A-191 Code of Alabama, as now or hereafter amended, in the discretion of the court trying the case. Imposition of fine and sentence of imprisonment and labor shall be as authorized and prescribed in Section 32-5A-191 and Section 11-45-9, Code of Alabama, as now or hereafter amended.
(f)
Any person engaging in any business or vocation within the corporate limits of the city, or within the police jurisdiction thereof, for which a license is required under Article I, Chapter 8 of this Code without first having procured a license therefor shall be guilty of an offense against the city and shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each offense and/or may be imprisoned for a period not exceeding six (6) months, in the discretion of the court trying the case, and each day shall constitute a separate offense.
(g)
The penalty imposed upon any corporation guilty of an offense against the city shall consist of the fine provided for in this Code for such offense, in the discretion of the court trying the case, plus costs of court.
(h)
A person is criminally liable for conduct constituting an offense against the city which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in his own name or behalf.
(i)
As used in this section 1-8, "gain" means the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. "Value" shall be determined by the standards established in subdivision 14 of Section 13A-8-1, Code of Alabama, as now or hereafter amended.
(j)
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 (1) recovery shall be had against the same person for the same offense; provided, 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.
(k)
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 council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty.
(Ord. No. 266, §§ 4, 5, 8-8-83; Ord. No. 419, § 1, 7-13-87; Ord. No. 645, § 1, 10-9-95)
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; punishment for DUI up to $5,000.00 and one year in jail, § 11-45-9; authority to abate nuisances, §§ 11-47-117, 11-47-118; as to municipal courts, see § 12-14-1 et seq.; punishment, § 13A-5-1 et seq.