§ 1-21. Ordinance violation penalty; continuing violations.

(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 not to exceed five hundred dollars ($500.00), except as follows:

(1)

In the enforcement of the penalties prescribed in § 32-5A-191 of the Code of Alabama, the fine shall not exceed five thousand dollars ($5,000.00);

(2)

Notwithstanding any other provision of law, the maximum fine for every person either convicted of violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000):

a.

Criminal mischief in the second degree, § 13A-7-22.

b.

Criminal mischief in the third degree, § 13A-7-23.

c.

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

d.

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

e.

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

f.

Receiving stolen property in the third degree, § 13A-8-19.

g.

Tampering with availability of gas, electricity, or water, § 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, § 13A-8-71 and § 13A-8-72.

i.

Offenses against intellectual property, § 13A-8-102.

j.

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

k.

Charitable fraud in the third degree, § 13A-9-75.

l.

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

m.

Such other offenses that municipal court judges are hereinafter authorized to subject to a fine of one thousand dollars ($1,000.00) under state law.

(3)

Such other amounts as the state law may hereinafter authorize a municipal judge to impose.

(b)

In addition thereto, at the discretion of the court trying the case, any person so convicted may be imprisoned or sentenced to hard labor for the city for a period not exceeding six (6) months, except as follows:

(1)

In the enforcement of the penalties prescribed in § 32-5A-191 of the Code of Alabama, any person convicted of violating said section may be sentenced to imprisonment or hard labor for a period not exceeding one (1) year;

(2)

Such other periods of imprisonment as the state law may hereinafter authorize a municipal judge to impose.

(c)

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.

(d)

Except where otherwise provided, every day any violation of such Code or any other ordinance of the city or such rule, regulation or order shall continue shall constitute a separate offense.

(Code 1965, § 1-4; Ord. No. 01-167, 12-21-77; Ord. No. 41-108, § 1, 11-15-77; Ord. No. 01-096, 12-14-91; Ord. No. 01-018-2012, §§ 1, 2, 7-10-12)