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Source-Ord-1778 A1-1144

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Page 1 ORDINANCE NO. 1778 AN ORDINANCE TO AMEND ORDINANCE NO. 1772, PERTAINING TO THE ISSUANCE OF MUNICIPAL OFFENSE TICKETS AND SCHEDULE OF FINES SPONSORED BY: MAYOR JESSE M. NORWOOD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, THAT ORDINANCE NO. 1772, ADOPTED MARCH 16, 1993, IS HEREBY AMENDED, as follows: 1. Section One of Ordinance No. 1772, adopted March 16, 1993, is hereby amended to read as follows: SECTION ONE: MUNICIPAL OFFENCE TICKET. Violations of the following municipal laws, as may be amended from time to time, shall be punished by the issuance of a Municipal Offense Ticket as set out further herein: ORDINANCES Number Adoption Date Ordinance Name 1712 2/13/90 Litter Control Ordinance 1763 2/16/93 Fire Prevention Code 1762 2/16/93 Southern Standard Building Code 1765 2/16/93 Southern Standard ’ Mechanical Code 1764 2/16/93 Southern Standard Plumbing Code Page 2 1766 1459 1672 1756 633 1551 1732 1650 621 1733 928 1402 702 1760 1736 1770 17721 1736 2/16/93 7/19/77 8/18/87 1/05/93 12/5/55 12/16/80 _ 4/24/94 2/04/86 2/07/55 4/30/91 10/1/62 7/01/75 6/03/57 2/02/93 8/27/91 3/16/93 3/16/93 8/27/91 National Electrical Code Signs, Writings, Etc., Tending to Disturb the Peace, etc., Ordinance Flood Damage Prevention Ordinance Historic Preservation Ordinance Junk Yard Ordinance dunk Dealers Ordinance Smoking Ordinance Parking & Fire Lane Ordinance (Municipal Complex) Trucks Carrying Flammable Substances - Parking & Standing Ordinance Noise Ordinance Juke Box Ordinance Animal Control Ordinance (as amended by Ord. 1646, 1668 and 1697). Obstruction of Ditches, Waterways and Sewers Handicapped Parking Ordinance Street Excavation Ordinance Burn Permit Ordinance Disposal of Used Tires Ordinance Ordinance Regulating Excavations and Improve- ments within Public Rights-of-Way. [As amended by Ordinance No. 1777] Page 3 1776 1711 1080 1538 1706 981 1672 1756 6/01/93 2/13/90 10/17/66 10/15/80 11/07/89 6/15/64 8/18/87 1/05/93 Ordinance Prohibiting the Abandonment of Vehicles and Restricting the Disposiion of Wrecked, Non-Operating, or Discarded Vehicles on Public and Private Property Ordinance Prohibiting the Obstruction of View at Intersections and Corners Creating Traffic Hazards Public Nuisances Weed Ordinance Business License Code (As amended] Zoning Ordinance Flood Damage Prevention Ordinance Historic Preservation Ordinance 2. Section Two, Schedule of Fines, of Ordinance No. 1772 adopted March 16, 1993 is hereby amended to read as follows: SECTION TWO. SCHEDULE OF FINES. The following Schedule of Fines, which includes court costs, is hereby established by the City of Prichard, Alabama, pursuant to the law of the State of Alabama [Ala. Code Section 11-45~-9.1.1 (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 time violation of any of the listed municipal laws, the fine, which includes court costs, established in said Schedule of Fines shall apply in Page 4 . uncontested municipal court cases. However, a defendant in lieu of appearing before a magistrate may sign a guilty plea and waiver of trial provisions on the Municipal Offense Ticket and deliver the amount of the fine and costs to the Clerk of the Municipal Court, or merely mail the correct amount pursuant to this Ordinance to the clerk of the Municipal Court of the City of Prichard, 216 E: Prichard Avenue, Prichard, Alabama: NUMBER ORDINANCE NAME FINE AND COURT COST 1712 Litter Control Ordinance Violations Failure to Dispose of debris $105.00 Resulting From Construction or Lot Cleaning and Clearing. Illegal Dumping $154.00 Hauling Loads in Open Truck 129.00 Without Cover - Littering 129.00 Failure to Keep Trash Out of 75.00 Sight Until 48 Hours Before Pickup Temporary Sign on Public 75.00 Property Open Dumpster 75.00 Failure To Properly Contain- 104.00 erize Litter, Trash or Garbage Causing Leaves or Grass to 75.00 Be In The Street Other Litter Ordinance 129.00 Violations 1763 Fire Prevention Code Violations Page 5 1762 1765 1764 1766 1459 1672 1756 Blocked Fire Department Connections Blocked Fire Lanes Blocked Exits Illegal Burning Improper Storage of Combust-— ibles or Flammables Overcrowding Accumulated” Debris Alarm System Emergency Lights Exit Lights Extinguishing Systems Certifications Portable Fire Extinguishers Smoke Detectors Other Fire Code Violations Southern Standard Building Code Violations Southern Standard Mechanical Code Violations Southern Standard Plumbing Code Violations National Electrical Code Violations Signs, Writings, Etc., Tending to Disturb the Peace, etc., Ordinance Violations Flood Damage Prevention Ordinance Violations Historic Preservation Ordinance Violations -5 - 129.00 129.00 129.00 154.00 154.00 75.00 129.00 129.00 104.00 105.00 129.00 129.00 129.00 129.00 154.00 154.00 154.00 154.00 129.00 154.00 104.00 ae Page 6 633 1551 1732 1650 621 1733 928 1402 702 1760 1736 1770 1771 1736 Junk Yard Ordinance Violations Junk Dealers Ordinance Violations Smoking Ordinance Violations Parking & Fire Lane Ordinance (Municipal Complex) Violations Trucks Carrying Flammable Substances - Parking & Standing Ordinance Violations Noise Ordinance Violations Juke Box Ordinance Animal Control Ordinance (as amended by Ord. 1646, 1668 and 1697), Violations Obstruction of Ditches, Waterways and Sewers Ordinance Violations Handicapped Parking Ordinance Street Excavation Ordinance Burn Permit Ordinance Illegal Residential Burning Illegal Contractor Burning Illegal Yard and Lot Burning Illegal Commercial Burning Disposal of Used Tire Ordinance Violations Excavations and Improve- ments within Public Rights- of-Way Ordinance Violations 154.00 154.00 75.00 75.00 154.00 104.00 104.00 104.00 154.00 155.50 155.50 104.00 155.50 155.50 155.50 155.50 154.00 Page 7 1776 Abandonment of Vehicle 154.00 Ordinance Violations 1711 Obtruction of View at 129.00 Intersections and Corners Ordinance Violations 1080 Public Nuisances Ordinance 154.00 Violatons 1538 Weed Ordinance Violations 129.00 1706 Business License Code 154.00 Violations 981 Zoning Ordinance Violations 154.00 3. Section Four of Ordinance No. 1772, adopted March 16, 1993, is hereby amended to read as follows: SECTION FOUR. PENALTY. Any person receiving a second 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 such such fine and imprisonment and/ or community service at the discretion of the Judge, unless otherwise prohibited by State Law. Each day that a violation punishable Page 8 in the Ordinance is committed or is permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 4. SEVERABILITY. 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 thereof irrespective of the fact that one or more articles, sections, sentences, clauses, or phrases be declared invalid or unconstitutional. 5. REPEALER. All ordinances or parts of ordinances of the City of Prichard in conflict with the provisions of this Ordinance, insofar as they conflict, are hereby repealed. All parts of Ordinance No. 1772 not specifically repealed by this Ordinance shall remain in full force and effect. 6. EFFECT OF ORDINANCE. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. This Page 9 wo Ordinance applies to property within the city limits and police jurisdiction of the City of Prichard and shall be in full force and effect therein. ADOPTED THIS jst day of _gune , 1993. E M. NORWOOD, MAYOR ATTEST: CYNYHIA K. NORWOOD, CITY CLERK as