Page 1 ORDINANCE NO. 1772 AN ORDINANCE TO ALLOW CERTAIN ORDNANCES OF THE CITY OF PRICHARD TO BE PENALIZED BY ISSUANCE OF A MUNICIPAL OFFENSE TICKET; - SCHEDULE OF FINES; AUTHORIZATION OF CERTAIN ~ .EMPLOYEES TO ISSUE MUNICIPAL TICKETS eee SPONSORED BY: MAYOR JESSE M. NORWOOD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, as follows: SECTION ONE: MUNICIPAL OFF 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 1766 2/16/93 National Electrical Code 1459 - 7/19/77 Signs, Writings, Etc., Tending to Disturb the Page 2 1672 1756 633 1551 1732 1650 621 1733 928 1402 702 1760 1736 1770 1771 8/18/87 1/05/93 12/5/55 12/16/80 4/24/91 ~ 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 SECTION TWO. SCHEDULE OF FINES. Peace, etc., Ordinance Flood Damage Prevention Ordinance Historic Preservation Ordinance Junk Yard Ordinance Junk 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 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 ae Page 3 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 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 FIN c 17120 Litter Control Ordinance Violations Failure to Dispose of debris $105.00 Resulting From Construction or Lot Cleaning and Clearing Tllegal. 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 Page 4 1763 1762 1765 1764 1766 1459 Be In The Street Other Litter Ordinance Violations Fire Prevention Code Violations 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., 129.00 129.00 129.00 129.00 154.00 154.00 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 Page 5 1672 1756 633 1551 1732 1650 621 1733 928 1402 702 1760 1736 1770 Tending to Disturb the Peace, etc., Ordinance Violations Flood Damage Prevention Ordinance Violations Historic Preservation Ordinance Violations 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 Tllegal Commercial Burning 154.00 104.00 154.00 154.00 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 Page 6 1771 Disposal of Used Tire Ordinance Violations 155.50 SECTION 3. AUTHORIZATION OF CERTAIN CITY EMPLOYEES TO ISSUER MUNICIPAL OFFENSE TICKET. (A) When any officer, inspector, investigator, auditor, or other employee of the city of Prichard, designated by an ordinance, or appointment by the Mayor, as an enforcement officer finds any violation or violations of any provision of any municipal law which he is authorized and required to enforce, said City employee may issue, on forms provided by the City, a City of Prichard 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 City of Prichard, Alabama, at a time and on a date stated therein to answer to the charge or charges for violating such municipal law, which shall be stated in said Municipal Offense Ticket. However, in the alternative, if the violation is the first violation of such municipal law, by the person cited, such person, in lieu of appearing in Municipal Court pursuant to the Municipal Offense Ticket, in addition to, either of the following. (1) appearing in person before a magistrate, signing the plea of guilty and waiver of trial provision on the ticket or on a form provided by the magistrate and paying the fine and costs, provided, that the magistrate retains a copy of the ticket or other such form; or (2) signing the guilty plea and waiver of trial provisions on the ticket and mailing the ticket and the amount of the fine and costs to the clerk of the Page 7 court. Remittance by mail of the fine and costs constitutes a guilty plea and waiver of trial, whether or not the guilty plea and waiver of trial provisions on the ticket are signed by the defendant. Should the amount tendered be insufficient, such money received by the magistrate or clerk shall be considered to be 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 insufficiency, and a supplemental summons or warrant of arrest shall be issued for the offender’s arrest, and a judgment shall be entered by the magistrate of court for the balance of the penalty due. ~ (B) I£ any person so cited shall fail to appear in the Municipal Court of the City of Prichard, Alabama, at the time and place stated in any Municipal Offense Ticket duly issued, or to pay the appropriate fine set forth on the Municipal Offense Ticket, as set forth herein, the officer, inspector, investigator, auditor, or- other employee of the City issuing such citation, is hereby authorized and directed to swear out a warrant or execute an affidavit or complaint charging such person with a violation of the municipal law, or laws, listed on such Municipal 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. Page 8 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 ‘fine and imprisonment and/ or community service at the discretion of the Judge, unless otherwise prohibited by State Law. SECTION SIX. 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. SECTION SEVEN. 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 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 16th day of March , 1993. JESSE°M. NORWOOD, MAYOR ATTEST: CYNYHIA K. NORWOOD, CITY CLERK