Code of Alabama

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2-27-12
Section 2-27-12 Sampling and inspection. (a) The commissioner or his agent is authorized to
enter upon any public or private premise or carrier at reasonable times during regular business
hours in the performance of his duties relating to pesticides, devices and records pertaining
to same. It shall be a violation of the penalty provisions of this article for any person
to refuse to allow such entrance for sampling and inspection purposes. (b) The commissioner
or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides
sold or offered for sale or distributed within this state, at a time and place and to such
an extent as he may deem necessary to determine whether such pesticides are in compliance
with the provisions of this article. (c) The official analysis shall be made from the official
sample. The registrant may obtain upon request a portion of said official sample. If the official
analysis conforms to the provisions of this article, the official...
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45-41-260.12
Section 45-41-260.12 Remedies. In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any subdivision is established, or land used
in violation of this article or of any regulation made under the authority conferred by this
article, the county attorney shall initiate any appropriate action or proceeding to prevent
the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance,
or subdivision of the land or use of the land to restrain, correct, or abate the violation,
or to prevent the occupancy of the building, structure, subdivision, or land or to prevent
any illegal act, conduct, business, or misuse in or upon any premises regulated under the
authority conferred by this article. If the county attorney is successful in the proceeding,
then, all court costs and reasonable attorney fees for time spent by the county attorney shall
be assessed against the losing violator. (Act 2007-401, p....
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45-44-170.05
Section 45-44-170.05 Enforcement; fines. (a) The operation of an unlicensed junkyard that is
required to be licensed pursuant to this section constitutes a public nuisance. (b) The Macon
County Commission shall adopt regulations and requirements for issuing licenses for the operation
of junkyards within the limits defined in this article and may revoke the licenses at any
time the junkyard fails to conform to the requirements of this article, and shall charge a
license fee of not more than five hundred dollars ($500) and not less than one hundred dollars
($100) payable each fiscal year. All licenses issued under this article shall expire on September
30th following the date of issuance. Licenses shall be renewed from year to year upon payment
of the fee. Proceeds from the fees shall be deposited in the general fund of the county. (c)
The Macon County Compliance Officer may commence a court action in the name of the Macon County
Commission in the District Court of Macon County, Alabama,...
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45-44-260.12
Section 45-44-260.12 Remedies. In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted, or maintained, or any subdivision is established, or land used
in violation of this article or of any regulation made under the authority conferred by this
article, the county attorney shall initiate any appropriate action or proceeding to prevent
such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance,
or subdivision of the land or use of the land to restrain, correct, or abate such violation,
or to prevent the occupancy of any such building, structure, subdivision of land, or to prevent
any illegal act, conduct, business, or misuse in or upon any premises regulated under the
authority conferred by this article. If the county attorney is successful in any proceedings,
all court costs and reasonable attorney fees for time spent by the county attorney shall be
assessed against the losing violator. (Act 2001-562,...
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13A-11-61.3
Section 13A-11-61.3 Regulation of firearms, ammunition, and firearm accessories. (a) The purpose
of this section is to establish within the Legislature complete control over regulation and
policy pertaining to firearms, ammunition, and firearm accessories in order to ensure that
such regulation and policy is applied uniformly throughout this state to each person subject
to the state's jurisdiction and to ensure protection of the right to keep and bear arms recognized
by the Constitutions of the State of Alabama and the United States. This section is to be
liberally construed to accomplish its purpose. (b) For the purposes of this section, the following
words shall have the following meanings: (1) AMMUNITION. Fixed cartridge ammunition, shotgun
shells, the individual components of fixed cartridge ammunition and shotgun shells, projectiles
for muzzle-loading firearms, and any propellant used in firearms or ammunition. (2) EXPRESSLY
AUTHORIZED BY A STATUTE OF THIS STATE. The authority of...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable
satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended
to be used in, or derived from, a felony offense. Except as provided otherwise in this article,
the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition
shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290,
inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest
in any type of property shall not be forfeited under this article for any act or omission
unless the state proves that the act or omission was committed or omitted with the knowledge
or consent of that owner or lienholder. (2) The state may stipulate that the interest of an
innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof
of the claim. The state shall file the stipulation with the court...
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18-1A-50
Section 18-1A-50 Entry upon property for suitability studies. (a) A condemnor and its agents
and employees may enter upon real property for a reasonable time and make surveys, examinations,
photographs, tests, soundings, borings, and samplings, or engage in other activities for the
purpose of appraising the property or determining whether it is suitable and within the power
of the condemnor to take for public use, if the entry is: (1) Preceded by reasonable efforts
to notify the owner, and any other person known to be in actual physical occupancy of the
property, of the time, purpose, and scope of the planned entry and activities; (2) Undertaken
during reasonable daylight hours and for reasonable times; (3) Accomplished peaceably and
without inflicting substantial injury; and (4) Not in violation of any other statute. (b)
The entry and activities authorized by this section do not constitute a trespass or constitute
grounds for an inverse condemnation action, but the condemnor is liable...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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13A-6-162
Section 13A-6-162 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Any person, corporation,
or other legal entity who engages in any act or practice that violates this article is liable
for a civil penalty of up to fifty thousand dollars ($50,000) for each violation. (b) Any
person, corporation, or other legal entity who violates the terms of an injunction or order
issued under this article shall forfeit and pay a civil penalty of not more than seventy-five
thousand dollars ($75,000) per violation and shall be adjudged in contempt. For the purpose
of this section, any court issuing an injunction or order under this article shall retain
jurisdiction, and in such cases the Attorney General may petition for recovery of civil penalties.
(c) Upon a second or continuing violation of an injunction after imposition of the sanctions
in subsection (b), and upon petition by the Attorney General,...
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32-5A-284
Section 32-5A-284 Duties of person regularly engaged in business of renting bicyles. (a) A
person regularly engaged in the business of renting bicycles shall require each person seeking
to rent a bicycle to provide his or her signature either on the rental form or on a separate
form indicating both of the following: (1) Receipt of a written explanation of the provisions
of this article and the penalties for violations. (2) A statement concerning whether a person
under the age of 16 years will operate the bicycle in an area where the use of a helmet is
required. (b) A person regularly engaged in the business of renting bicycles shall provide
a helmet to any person who will operate the bicycle in an area requiring a helmet, if the
person does not already have a helmet in his or her possession. A reasonable fee may be charged
for the helmet rental. (c) A person regularly engaged in the business of selling or renting
bicycles who complies with this article shall not be liable in a civil...
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