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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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9-17-32
effect of authorizing the sale, purchase or acquisition or the transportation, refining, processing
or handling in any other way of such illegal oil, illegal gas or illegal product, but, to
the contrary, the fine shall be imposed for each prohibited transaction relating to such illegal
oil, illegal gas or illegal product. (c) Any person knowingly and willfully aiding or abetting
any other person in the violation of any statute of this state relating to the conservation
of oil or gas or the violation of any provision of this article or any rule, regulation or
order made under this article shall be subject to the same penalty prescribed in subsection
(a) of this section for the violation by such other person. (d) The payment of any fine shall
not impair or abridge any cause of action which any person may have against the person violating
a rule, regulation or order by reason of an injury resulting from such violation. (Acts
1945, No. 1, p. 1, §21; Acts 1990, No. 90-104, p. 104, §3.)...
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45-21A-10.01
Section 45-21A-10.01 Definitions. As used in this article, the following terms shall have the
following meanings: (1) CITY. The City of Brantley, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Brantley pursuant to this article for an adjudication of civil
liability for a speeding violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil
violation created and existing for the sole purpose of carrying out the terms of this article.
The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability
of which shall be accomplished through civil action. The prosecution of a civil violation
created hereby shall carry reduced evidentiary requirements and burden of proof as set out
in Section 45-21A-10.04, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
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45-37A-331.32
Section 45-37A-331.32 Definitions. As used in this subpart, the following terms shall have
the following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the City of Midfield pursuant to this act for an adjudication of civil
liability for a speeding violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a non-criminal category of law called a civil
violation created and existing for the sole purpose of carrying out the terms of this subpart.
The penalty for violation of a civil violation shall be the payment of a civil fine, the enforceability
of which shall be accomplished through civil action. The prosecution of a civil violation
created hereby shall carry reduced evidentiary requirements and burden of proof as set out
in Section 45-37A-331.35, and in no event shall an adjudication of liability for a civil violation
be punishable by a criminal fine or imprisonment. (4)...
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45-41A-41.02
Section 45-41A-41.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Opelika, Alabama. (2) CIVIL FINE. The monetary amount
assessed by the city pursuant to this part for an adjudication of civil liability for a traffic
signal violation, including municipal court costs associated with the infraction. (3) CIVIL
VIOLATION. There is hereby created a noncriminal category of law called a civil violation
created and existing for the sole purpose of carrying out the terms of this part. The penalty
for a civil violation shall be the payment of a civil fine, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-41A-41.05,
and in no event shall an adjudication of liability for a civil violation be punishable by
a criminal fine or imprisonment. (4) OWNER. The owner of a motor...
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45-37A-331.02
Section 45-37A-331.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the city pursuant to this part for an adjudication of civil liability for
a traffic signal violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a noncriminal category of state law called a
civil violation created and existing for the sole purpose of carrying out the terms of this
part. The penalty for violation of a civil violation shall be the payment of a civil fine,
the enforceability of which shall be accomplished through civil action. The prosecution of
a civil violation created hereby shall carry reduced evidentiary requirements and burden of
proof as set out in Section 45-37A-331.05, and in no event shall an adjudication of liability
for a civil violation be punishable by a criminal fine or imprisonment. (4) COUNTY....
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45-49-101.04
Section 45-49-101.04 Notice of violation; destruction of images and information. (a) After
review of the violation by law enforcement, any county or municipal governing body or law
enforcement office located in Mobile County operating an electronic device shall send the
owner of a vehicle, that has been detected by the device as being involved in a school bus
violation, a notice of violation by U.S. mail. If there is more than one owner, the notice
may be issued to the first person listed on the title or other evidence of ownership, or jointly
to all listed owners. (b) The notice of violation shall include, at a minimum, each of the
following items of information: (1) The name and address of the person alleged to be liable
as the owner of the motor vehicle involved in the violation. (2) The license tag number of
the vehicle. (3) The violation charged. (4) The date, time, and location where the violation
occurred. (5) The photographic images or video of the vehicle and vehicle license...
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22-20A-32
Section 22-20A-32 Violations. (a) Any food service establishment engaged in the sale or advertising
of catfish products in violation of this article shall be subject to civil penalties. The
department shall impose the following civil penalties. For violations occurring within a 24-month
period: (1) A warning for the first violation. (2) A fine of one hundred dollars ($100) for
a second violation with 24 months. (3) A fine of two hundred fifty dollars ($250) for the
third violation within 24 months. (4) A fine of five hundred dollars ($500) for the fourth
violation within 24 months. (5) A fine of one thousand dollars ($1,000) for the fifth violation
within 24 months and at the discretion of the department, a suspension of the food service
establishment permit. (b) A person may appeal the assessment of a civil penalty by requesting
a hearing that shall be held in accordance with the Alabama Administrative Procedure Act.
Judicial review of a final action of the department shall be...
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35-12-79
Section 35-12-79 Custody by state; recovery by holder; defense of holder. (a) In this article,
good faith means honesty in fact in the conduct or transaction concerned. (b) Upon payment
or delivery of property to the Treasurer, the state assumes custody and responsibility for
the safekeeping of the property. A holder who pays or delivers property to the Treasurer in
good faith is relieved of all liability arising thereafter with respect to the property. The
payment or delivery of property to the Treasurer shall operate as a full, absolute and unconditional
release and discharge of the holder from any and all claims or demands of or liability to
any person entitled thereto, or to any other claimant or state, and the payment or delivery
may be pleaded as an absolute bar to any action brought against the holder by any other person
entitled thereto, or by any other claimant or state. Once properly pleaded, the holder shall
immediately and thereafter be relieved of and held harmless from...
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45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.
(2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. The monetary amount assessed by the
city pursuant to this part for an adjudication of civil liability for a traffic signal violation,
including municipal court costs associated with the infraction. (4) CIVIL VIOLATION. There
is created a noncriminal category of state law called a civil violation created and existing
for the sole purpose of carrying out the terms of this part. The penalty for committing a
civil violation shall be the payment of a civil penalty, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05,
and in no event shall an adjudication of liability for a civil...
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