§ 1-9. General penalty; continuing violations.

(a)

In this section, the term "violation of this Code" means any of the following:

(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)

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 an ordinance of the city, now existing or hereafter enacted, shall, upon conviction, be punished by a fine of not more than $500.00. In addition thereto, or in the alternative, 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. 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. Any person being punished for a violation of Code of Ala. 1975, § 32-5A-191, as adopted by ordinance, shall be punished as follows:

(1)

Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than $600.00 nor more than $2,100.00, or by both a fine and imprisonment. In addition, on a first conviction, the director of public safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days.

(2)

On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than $1,100.00 nor more than $3,100.00 and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the director of public safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year.

(3)

On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than $2,100.00 nor more than $5,000.00 and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the director of public safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years.

(c)

Except as otherwise provided by law or ordinance:

(1)

With respect to violations of this Code that are continuous with respect to time, each day that the violation continues is a separate offense.

(2)

With respect to other violations, each act constitutes a separate offense.

(d)

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

(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.

State law reference

Limitations on penalties, Code of Ala. 1975, § 11-45-9.