Code of Alabama

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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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8-12-17
Section 8-12-17 Injunctive relief; famous marks. (a) Subject to the principles of equity, the
owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness,
in this state shall be entitled to an injunction against another person's commercial use of
a mark, if such use begins after the famous mark has become famous and is likely to cause
dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state
or a significant geographic area in this state as a designation of source of the goods or
services or the business of the mark's owner. In determining whether a mark is famous, a court
may consider factors such as, but not limited to: (1) The duration, extent, and geographic
reach of advertising and publicity of the mark in this state, whether advertised or publicized
by the owner or third parties. (2) The amount, volume, and geographic...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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31-9-8
Section 31-9-8 Emergency powers of Governor. (a) The provisions of this section shall be operative
only during the existence of a state of emergency, referred to hereinafter as one of the states
of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed
by the Governor as provided in this subsection or by joint resolution of the Legislature if
the Governor in the proclamation or the Legislature in the resolution finds that an attack
upon the United States has occurred or is anticipated in the immediate future, or that a natural
disaster of major proportions or a public health emergency has occurred or is reasonably anticipated
in the immediate future within this state and that the safety and welfare of the inhabitants
of this state require an invocation of the provisions of this section. If the state of emergency
affects less than the entire state, the Governor or the Legislature shall designate in the
proclamation or resolution those counties to...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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13A-7-29
Section 13A-7-29 Criminal littering. (a) A person commits the crime of criminal littering if
he or she engages in any of the following acts: (1) Knowingly deposits in any manner litter
on any public or private property or in any public or private waters without permission to
do so. For purposes of this subdivision, any series of items found in the garbage, trash,
or other discarded material including, but not limited to, bank statements, utility bills,
bank card bills, and other financial documents, clearly bearing the name of a person shall
constitute a rebuttable presumption that the person whose name appears on the material knowingly
deposited the litter. Advertising, marketing, and campaign materials and literature shall
not be sufficient to constitute a rebuttable presumption of criminal littering under this
subsection. (2) Negligently deposits, in any manner, glass or other dangerously pointed or
edged objects on or adjacent to water to which the public has lawful access for...
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2-15-70
Section 2-15-70 Operation of livestock market without permit, etc.; disposition of fines; injunctive
proceedings to restrain operation of livestock market in violation of provisions of division.
(a) It shall be unlawful for any person to violate any of the provisions and requirements
of this division or to fail or refuse to perform any duty or requirement imposed by the provisions
of this division or to operate a livestock market without having a valid permit as required
under the provisions of this division, and it shall also be unlawful for any person to operate
a livestock market after the permit to so operate has been revoked under the provisions of
this division. Each day's operation of a livestock market without a permit shall constitute
a separate violation. Any person operating a livestock market without a permit shall be guilty
of a misdemeanor and, upon conviction, shall be fined not less than $50.00 nor more than $500.00
and, within the discretion of the court, may be...
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2-6-83
Section 2-6-83 Notice of resolution regarding issuance of securities; limitation of actions
to contest validity of securities; venue of actions under article. Upon the adoption by the
board of directors of the corporation of any resolution providing for the issuance of securities
under the provisions of this article, the corporation may, in its discretion, cause to be
published once a week for two consecutive weeks in a newspaper published and having general
circulation in the City of Montgomery, a notice in substantially the following form (the blanks
being first properly completed): "The Alabama Agricultural Markets and Coliseum Corporation
(an instrumentality of the State of Alabama), on the _____ day of ______, authorized the issuance
of $_____ principal amount of securities of the said corporation for purposes authorized in
the act of the Legislature of Alabama under which said corporation was organized. Any action
or proceeding questioning the validity of the said securities or...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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9-9-40
Section 9-9-40 Bonds - Remedies and proceedings upon default. (a) If any installment of principal
and interest evidenced by any bonds issued under the provisions of this article shall not
be paid at the time and in the manner when the same shall become due and payable, the same
shall bear interest at the rate of eight percent per annum until paid, and if such default
shall continue for a period of 60 days, the holder or holders of such bond or bonds upon which
default has been made may have a right of action against said water management district wherein
the court may issue a writ of mandamus against the officers of said district, including the
tax collector, directing the levying of a sufficient tax as provided in this article and the
collection of same in such sum as may be necessary to meet any unpaid installments of principal
and interest and costs of suit and such other remedies are hereby vested in the holder or
holders of such bond or bonds in default as may be authorized by...
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