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HomeMy WebLinkAboutO-862ORDINANCE NO. u b AN ORDINANCE TO ALLOW CERTAIN ORDINANCES AND CERTAIN SECTIONS'OF THE CODE OF ORDINANCESOF THE CITY OF FAIRHOPE TO BE PENALIZED BY SSUNACE OF A MUNICIPAL OFFENSE TICKET; AUTHORIZING THE MAYOR TO DESIGNATE CERTAIN CITY EMPLOYEES TO ISSUE MUNICIPAL OFFENSE TICKETS; REPEAL OF CONFLICTING ORDINANCE PROVISIONS TO EXTENT OF CONFLICT HEREWITH: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: "Section One. Municipal Offense Ticket Violations of the municipal laws, set out in Section 4 herein as may be amended from time to time, shall be punished by the issuance of a Municipal Offense Ticket as further set out herein. Section Two. Schedule of Fines The schedule of fines, set out in Section 4, which does not inlcude court costs, is hereby established by the City of Fairhope, Alabama pursuant to the law of the State of Alabame (Section 11-45-9.1 Code of Alabama, 1975, as amended, and Rule 20 (c) of the Alabama Rules of Judicial Administration). If a defendant elects to plead guilty before a magistrate to a first or second violation of any of the listed municipal laws, th fine which does not inlcude court costs, established in said schedu of fines shall apply in uncontested municipal court cases. However a defendant in lieu of appearing before the magistrate may sign a guilty plea and waiver of trial provisions on the Municipal Offense Ticket and deliver the amount of fine and court costs to the Clerk of the Municipal Court. Provided, however, that upon a first time violation, defendant may contact the Magistrate at 205/928-2136 between 8 a.m. and 5 p.m. Monday through Friday and the Magistrate may, upon verifying a first offense, provide court costs and direct the defendant to sign the guilty plea and waiver on the ticket and to mail same with bank check or money order for correct amount of fin and costs, pursuant to this Ordinance, to the Clerk of the Municipa Court; P.O. Drawer 429; Fairhope, AL 36533. Section Three. Authority of Certain Employees of the City of Fairhope to Issue Municipal Offense Tickets: (A) When any officer, inspector, investigator, auditor, or other employee of the city of Fairhope, designated by any city Ordinance, Code or appointment by the Mayor, as an enforcemement officer finds any violation or violations of any provision of any municipal laws which he is authorized and required to enforce, said city employee may issue, on forms provided by the city, a City of Fairhope Municipal Offense ticket and deliver it to the person in violation of such municipal law. The Municipal Offense ticket shall direct said person to appear in the Municipal Court of the Ci of Fairhope at a time and a date stated therein to answer to the charge -or -charges nor violating such municipal law, which shall be stated in such Municipal Offense Ticket. Provided, however, that such defendant may, on the first or second offense, appear before the magistrate and pay fines and costs as provided in Section Two herein, or, on the first offense, may pay fines and costs by mail as further provided in Section Two. e I .Remittance by mail of fine. and costs to the Court Clerk constitutes a guilty plea and waiver of trial, whether or not the guilty plea and waiver of trial provision on the ticket were signed by defendant. Should the amount tendered be insufficient, such money received by the clerk or magistrate shall be considered a partial payment of the lawful penalty, applied by the clerk to the fines and costs, and disbursed as required by law. The clerk may give notice of such insufficienty, and a supplemental summons or warrant of arrest shall be issued for the offender's arrest, and a judgment shall be entered by the court for the balance of the penalty due. (B) If any person so cited shall fail to appear in the Municipal Court of the City of Fairhope, Alabama, at the time and place stated in any Municipal Offense Ticket duly issued, or to pay the approp- riate fine set forth on the Municipal Offense ticket, as set forth herein, the Municipal Judge may issue an alias warrant charging such person with failure to appear in answer to citation for vioaltion of the municipal law, or laws, listed on such Municiapl Offense ticket. (C) The officers, inspectors, investigators, auditors, or other employees of the City, designated by municipal law as enforcement officers and authorized to issue Municipal Offense Tickets as herein provided, are hereby further authorized to swear out warrants or execute affidavits or complaints charging such person or persons with any violation of municipal law, without first having issued a Municipal Offense ticket for such violation. Section Four. Violations of Ordinances and Codes Which May Be Punished by issuance of A Municipal Offense Ticket; Schedule of Fines for First and Second Offenses upon Guilty Plea and Waiver: (Reference Prefix: ORD. Refers to City Ordinance F. Chap or F. Sec. Refers to Fairhope Code of Ordinances, as amended Reference # Title/Catchline Fine First Fine Second & Adoption Date Offense Offense Code of Ordinances, Adopted 28 Sept. 1981 F. Chap. 7 Technical Codes, Adopted by reference F. Sec. 7-1 thru 7-5 Ord. No. 683, 28 Sept. 1981 $ 100.00 $ 200.00 F. Chap. 8 Business Licenses, Taxes etc. Ord. No. 683, Adopted 28 Sept. 1981: F. Chap. 8-9 Unlawful to do business before obtaining license 50.00 100.00 F. Sec. 8-10 Payment of license Tax 50.00 100.00 F. Sec. 8-15 Place of Business 50.00 100.00 F. Sec. 8-16 Availability;display of license50.00 100.00 F. Sec. 8-20 Records 50.00 100.00 0 Reference # Title/catchline Fine First Fine Second & Adoption Date Offense Offense F. Sec. 8-22 Right and Duty to Inspect Records $ 50.00 $ 100.00 F. Sec. 8-34 Records to be Kept 50.00 100.00 F. Sec. 8-40, 8-41 Permit for Solicitation 100.00 200.00 F. Sec. 8-43 Misrepresentation of facts 100.00 200.00 F. Sec. 8-45 Going upon private residences without invitation 100.00 200.00 F. 8-46 display of Products for sale on streets and sidewalks 50.00 100.00 F. Sec. 8-51 License Required 100.00 200.00 F. Sec. 8-59 Licensees 100.00 200.00 F. Sec. 8-60 Inspection 100.00 200.00 F. Sec. 8-61 Registration 100.00 200.00 F. Sec. 8-62 Licensees 100.00 200.00 F. Sec. 8-63 Time articles to be held after purchase 100.00 200.00 F. Sec. 8-64 Application of Article; violation 100.00 200.00 F. Sec. 8-70 Permit required for installation 50.00 100.00 F. Sec. 12-3 Noise -general prohibition 50.00 100.00 F. Sec. 12-6 Smoke -prohibited emission 50.00 100.00 F. sec. 12-10 Accumulation of refuse, etc. 50.00 100.00 F.Sec. 12-11 Abandoned or non -operating vehicle 50.00 100.00 F. Sec. 12-14 Littering 50.00 100.00 F. Sec. 12-22 Construction, repair; installation water closets, etc. 50.00 100.00 F. Sec. 12-23 Required types of disposal facilities, generally 50.00 100.00 F. sec. 12-24 Disposal facilities to be adequate 50.00 100.00 F. Sec. 12-31 Renting premises with inadequate facilities 100.00 200.00 F. Sec. 12-32 Defective or unsanitary facilities 50.00 100.00 F. Sec. 12-34 Non -compliance -declared a nuisance 50.00 100.00 F. Sec. 14-10 Damaging or interfering with property -generally 50.00 100.00 F. Sec. 14-11 Attaching advertisements 100.00 200.00 F. Sec. 14-13 Display of vehicles for sale; prohibitions 50.00 100.00 F. Sec. 14-14 Display of Property Address required 25.00 50.00 3. Reference # Title/Catchline Fine First Fine Second & Adoption Date Offense Offense 1 1 F. Sec. 15-1 Damaging surface of tennis courts $ 50.00 $ 100.00 F. Sec. 15-2 Camping in parks 25.00 50.00 F. Sec. 19-5 Excavations and obstructions permit required 50.00 100.00 F. Sec. 19-8 Blocking sidewalks 25.00 50.00 F. Sec. 19-9 Blocking drainage ditches 50.00 100.00 F. Sec. 20-9 Driving on barricaded street 25.00 50.00 F. Sce. 20-10 Driving on municipal pier 50.00 100.00 F. Sec. 20-20 Playing games in streets 25.00 50.00 F. Sec. 20-42 No parking of campaign vehicles Municipal Complex 25.00 50.00 F. Sec. 20-43 No parking for sale vehicles City lands 25.00 50.00 F. Sec. 20-44 Parking near intersections 25.00 50.00 F. Sec. 21-24 Unlawful connection to utility 50.00 100.00 F. Sec. 21-25 Unlawful re -connection to utility 50.00 100.00 F. Sec. 21-26 Tampering with meters 50.00 100.00 F. Sec. 21-33 Tapping of water mains 50.00 100.00 F. Sec. 21-34 Turning on water mains 50.00 100.00 F. Sec. 21-43 Turning off or on, water at cut-off 50.00 100.00 F. Sec. 21-45 City may forbid sprinkling 25.00 50.00 F. Sec. 21-46 Tampering with fireplug 50.00 100.00 F. Sec. 21-50 Connection with sanitary sewer line 50.00 100.00 F. Sec. 21-65 Only qualified and licensed gas inspectors connect to city system 50.00 100.00 F. Sec. 21-73 Time and manner of placement; prohibited placement; vacation of premises; excessive quantities 50.00 100.00 Sec. 21-74 Placing dangerous substances in containers; defective containers 100.00 200.00 F. Sec. 21-76 City dump -prohibited usage 100.00 200.00 F. SEc. 21-77 Same -residence and decal requirement 100.00 200.00 Fairhope Zoning Ordinance, as amended Adopted as Ordinance No. 557, 11 Aug. 1975 (Appendix A of City Code) 25.00 50.00 Ord. No. 855 Abandoned non -operating boats (adopted'May 16, 1990) 50.00 100.00 4. Section Five. Penalty Any person receiving a third or subsequent Municipal Offense Ticket for a violation of a municipal law or laws, and anyone failing to appear in Municipal Court, or otherwise settle the matter prior to the date stated on the Municipal Offense Ticket, pursuant to the provisions of this ordinance, shall be punished by a fine of not more than Five Hundred(500) Dollars, or by imprisonment in the jail or community service for a period not exceeding six (6) months, or by both such fine and imprisonment and/or community service at the discretion of the Judge, unless otherwise prohibited by State law. Section Six. Repeal of Conflicting Code Sections and Ordinances All City Code Sections and Ordinances or parts of city Code Sections and Ordinances in conflict with the provisions of this Ordinance, insofar as they conflict, are hereby repealed. Section Seven. Severablilty If any article, section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by declaration of any court of competent jurisdiction, such declaration shall not affect the validity of remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each article, section, sentence, clause, or phrase irrespective of the fact that one or more articles, sections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section Eight. Effect of Ordinance This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. This Ordinance applies to property within the city limits and, except as otherwise provided by law, within the police jurisdiction of the city of Fairhope and shall be in full force and effect therein. ADOPTED THIS o1 �J day Attest: ccc x O Evelyn P. Phillips, Ci clerk y. aUO U 0 tJ o �z� oC Z w I -a CD O ea o of , 1990 Jame P. Nix, Ma or J..