Page 1 ORDINANCE NO. 1794 AN ORDINANCE TO: AMEND ORDINANCE NO. 1772, AS AMENDED BY ORDINANCE NO. 1778 ; TO ALLOW CERTAIN ORDINANCES OF THE CITY OF PRICHARD TO BE PENALIZED ' BY THE ISSUANCE OF A MUNICIPAL OFFENSE TICKET; AND SCHEDULE OF FINES SPONSORED BY: Mayor Jesse M. Norwood - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, AS FOLLOWS: 1. Section One (1) of Ordinance No. 1772, adopted March 16, 1993, as amended by Ordinance No. 1778, adopted June 1, 1993, is hereby amended to read as follows: SECTION 1: MUNICIPAL OFFENSE 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 1, 712 2/13/90 Litter Control Ordinance 2, 1762 2/16/93 Southern Standard Building Code 3. 1763 2/16/93 Fire Prevention Code 4, 1764 2/16/93 ; Southern Standard Plumbing Code 5. 1765 2/16/93 Southern Standard Mechanical ; Code Page 2 10. il. 12. 13. 14, 15. 16. 17, 18. 19. 20, 21, 22, 23. 1766 1459 1672 1756 0633 1551 1732 1650 621 1733 0928 1402 0702 760 736 770 1771 736 2/16/93 TAN9/T7 8/18/87 1/05/93 12/05/55 12/16/80 04/24/91 02/04/86 02/07/55 04/30/91 10/01/62 07/01/75 06/03/57 02/02/93 08/27/91 03/16/93 03/16/93 08/27/91 National Electrical Code Signs, Writings, Etc., Tending to Disturb the Peace, etc., Ordinance Flood Damage Prevention Ordinance Historic Preservation Ordinance Junk Yard Ordinance 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, 1688 and 1697). Obstruction of Ditches, Waterways and Sewers Ordinance Handicapped Parking Ordinance Street Excavation Ordinance Burn Permit Ordinance Disposal of Used Tires Ordinance Ordinance Regulating Excavations and Improvements within Public Page 3 24, 25, 26. 27, 28. 29, 30. 31. 32. 1776 1711 1080 1538 1706 981 1672 1769 1793 06/21/93 02/13/90 10/17/66 10/15/80 11/07/89 © 06/15/64 08/18/87 02/25/93 05/10/93 Rights-of- Way. [As amended by Ordinance No. 1777]. Ordinance Prohibiting the Abandon- ment of Vehicles and Restricting the Disposition 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 (As amended). Flood Damage Prevention Ordinance Hazardous Materials Transportation Ordinance Health Code of the City of Prichard 2. Section Two, Schedule of Fines, of Ordinance No. 1778, adopted June 1, 1993, is hereby amended to read as follows: SECTION 2. 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, Section 11-45- 9.1.1 Code of Alabama 1975, as amended, and Rule 20{c) of the Alabama Rules of Judicial Page 4 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 provision 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: Fine and Number Ordinance Name Court Costs 1. 1712 Litter Control Ordinance Violations Failure to Dispose of Debris Resulting - $105.00 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 Sight Until $075.00 48 Hours Before Pick-Up Temporary Sign on Public Property $075.00 Open Dumpster $075.00 Failure To Properly Containerize Litter $104.00 Trash or Garbage Causing Leaves or Grass To Be In the Street _ $075.00 Page 5 Other Litter Ordinance Violations $129.00 2. 1762 . Southern Standard Building Code Violations $154.00 3. 1763 Fire Prevention Code Violations Blocked Fire Department Connections $129.00 Block Fire Lanes $129.00 Blocked Exits $129.00 Mlegal Burning $154.00 Improper Storage of combustibles or $154.00 Flammables Overcrowding $075.00 Accumulated Debris $129.00 Alarm System $129.00 Emergency Lights $104.00 Exit Lights $105.00 Extinguishing Systems Certifications $129.00 Portable Fire Extinguishers $129.00 Smoke Detectors . $129.00 Other Fire Code Violations $129.00 4. 1764 Southern Standard Plumbing Code Violations $154.00 5. 1765 Southern Standard Mechanical $154.00 Code Violations Page 6 10. ll. 12. 13. 14, 16. 1766 1459 1672 1756 0633 1551 1732 1650 621 1733 0928 1402 0702 National Electrical Code Violations Signs, Writings, Etc., Tending to Disturb Disturb the Peace, etc., Ordinance Violations Flood Damage Prevention Ordinance Violations Historic Preservation Ordinance 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 Violations Animal Control Ordinance (as amended by Ord. 1646, 1688 and 1697) Violations Obstruction of Ditches, Waterways -and Sewers Ordinance Violations $154.00 $129.00 $154.00 $104.00 $154.00 $154.00 $075.00 $075.00 $154.00 $104.00 $104.00 $104.00 $154.00 Page 7 19, 20. 21. 22, 23, 24, 25. 26. 27, 28. 29. 1760 1736 1770 1771 1736 1776 1711 1080 1538 1706 981 Handicapped Parking Ordinance Violations Street Excavation Ordinance Violations Burn Permit Ordinance Violations Illegal Residential Burning Tiiegal Contractor Burning Illegal Yard & Lot Burning Disposal of Used Tires Ordinance Violations Ordinance Regulating Excavations & Improvements within Public Rights-of- Way. [As amended by Ordinance No. 1777]. Abandonment of Vehicles Ordinance Violations Ordinance Prohibiting the obstructions of View at Intersection and Corners Creating Traffic Hazards Violations ; Public Nuisances Ordinance Violations Weed Ordinance Violations Business License Code (As amended), ~ Violations’ Zoning Ordinance (As amended), Violations $155.50 $155.50 $104.00 $155.50 $155.50 $155.50 $154.00 $154.00 $129.00 $154.00 $129.00 $154.00 $154.00 Page 8 30. 1672 Flood Damage Prevention Ordinance Violations $154.00 31. 1769 . “Hazardous Materials Transportation Violations $155.50 32. 1793 Health Code of the City of Prichard Violations $154.00 3. Section Four of Ordinance No. 1772, adopted March 16, 1993, as amended by Ordinance No. 1778, adopted June 1, 1993, is hereby amended to read as follows: . ; SECTION 4. 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 ($500.00) Dollars, unless otherwise provided by State Law, or by imprisonment in 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. Each day that a violation punishable in this 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 the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each article, Page 9 . 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 ordinance 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 be and 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 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 as permitted by law. ADOPTED THIS 1 %hday of May, 1994. APPROVED: vane) . NORWOOD, MAYOR ATTESTED: CY. JA K. NORWOOD, CITY CLERK ~~ :