4-3-47
Section 4-3-47 Powers of authority generally. The authority shall have the following powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To have succession by its corporate name for the duration of time (which may be in perpetuity) specified in its certificate of incorporation; (2) To sue and be sued in its own name in civil actions, excepting actions in tort against the authority; (3) To adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, receive, take and hold, whether by purchase, option to purchase, gift, lease, devise or otherwise, property of every description, whether real, personal or mixed, whether in one or more counties and whether within or without the corporate limits of any authorizing subdivision, and to manage said property and to develop any property and to sell, exchange, lease or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/4-3-47.htm - 16K - Match Info - Similar pages
32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term, "ignition interlock device" means a constant monitoring device that prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol level of the operator through the taking of a breath sample for testing. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol level of the operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b) The ignition interlock device shall be installed, calibrated, and monitored directly by trained technicians who shall train the offender for whom the device is being installed in the proper use of the device. The use of a mail in or remote calibration system where the technician is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department of Forensic Sciences shall promulgate rules for punishment and appeal for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.4.htm - 12K - Match Info - Similar pages
40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and from the computation of the amount of the tax levied, assessed, or payable under this division the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating oil destined for out-of-state use which are transacted in a manner whereby an out-of-state purchaser takes delivery of such oil at a distributor's plant within this state and transports it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales, of fertilizer when used for agricultural purposes. The word "fertilizer" shall not be construed to include cottonseed meal, when not in combination with other materials. (3) The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and poults. Nothing herein shall be construed to exempt or exclude from the computation of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-4.htm - 34K - Match Info - Similar pages
45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty at law, when there is reason to believe that any person is violating or is about to violate this part, the Houston County Commission may initiate a civil action in the Circuit Court of Houston County in the name of the county against the person for preliminary and permanent injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure shall apply to the extent that the rules are not inconsistent with this part except that no temporary restraining order shall be issued pursuant to this section. No bond shall be required of the county or county commission bringing the action and the official, the county commission, and the officers, agents, and employees of the county commission shall not be liable for costs or damages, other than court costs, by reason of injunctive orders not being granted or where judgment is entered in favor of the defendant by the trial or an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-20.06.htm - 3K - Match Info - Similar pages
45-49-101.08
Section 45-49-101.08 Appeals. A person who contests a notice of violation and is adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de nova to the Circuit Court of Mobile County, in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) The person appealing, as a condition precedent to appeal, shall pay the civil fine in full, and failure to do so shall divest the Circuit Court of Mobile County. If, on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality located in Mobile County, or the Alabama State Law Enforcement Agency, shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.08.htm - 2K - Match Info - Similar pages
16-27A-8
Section 16-27A-8 Appeals. Persons who contest a notice of violation and are adjudicated by the court to be responsible for the civil fine may appeal the adjudication for a trial de novo to the circuit court of the county in which the district or municipal court is located, using the procedures that apply to criminal convictions with the following qualifications: (1) The proceedings shall retain their civil nature on appeal with the circuit court applying the preponderance of the evidence standard. (2) The person appealing must, as a condition precedent to appeal, pay the civil fine in full, and failure to do so shall divest the circuit court of jurisdiction. If on appeal the circuit court finds that the person is not responsible for payment of the civil fine, the county or municipality shall refund the same without interest within 15 days of receipt of notice of the disposition from the circuit court. If the person is adjudicated by the circuit court to be responsible for payment of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/16-27A-8.htm - 2K - Match Info - Similar pages
2-6B-3
Section 2-6B-3 Nuisance exception requirements; evidence of nuisance. (a) A farm or farm operation shall not be deemed to be or become a public or private nuisance for purposes of Section 6-5-127, or any other law, or be deemed in violation of any municipal or county ordinance or resolution heretofore or hereafter adopted declaring any farm or farm operation a public or private nuisance other than zoning ordinances applicable thereto, if the farm or farm operation meets all of the following requirements: (1) The owner of the land or a partner, officer, director, or other principal thereof, does not act in a careless or wrongful manner, engage in the improper operation of any farm or farm operation, or fail to act or perform a legal obligation. (2) The owner of the land, or a partner, officer, director, or other principal thereof, resides on the farm or actively participates in the operation of the farm, or leases the farm to a person who resides on the farm or actively participates in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-6B-3.htm - 4K - Match Info - Similar pages
45-45-82.03
Section 45-45-82.03 Juvenile court Advisory Board and Drug Abuse Prevention Fund. (a) In all criminal and juvenile delinquency cases in the circuit and district courts of Madison County wherein the defendant or the juvenile is charged with a violation of the Alabama Uniform Controlled Substances Act the clerk of the respective court shall charge and collect a fee of ten dollars ($10) in addition to all other costs and charges now or hereafter provided. (b) The monies derived from the charges herein prescribed shall be remitted to the Madison County Commission and be deposited to a fund which shall be designated as the Madison County Juvenile Court Drug Abuse Prevention Fund. All funds so deposited shall be disbursed for the following purposes: (1) Conducting drug and alcohol abuse education programs. (2) Conducting drug and alcohol abuse counseling programs. (3) Reimbursing any nonprofit organization approved by the juvenile court of the county for services performed for the juvenile...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-82.03.htm - 2K - Match Info - Similar pages
45-37A-100.02
Section 45-37A-100.02 Definitions. As used in this article, the following terms shall have the following meanings: (1) CITY. The City of Center Point, Alabama. (2) CIVIL VIOLATION. A violation of the ordinance authorized by this article, the penalty for which violation shall be the payment of a fine, the enforcement of which will not be otherwise permissible. (3) FINE. The monetary amount assessed by the City of Center Point pursuant to the ordinance authorized by this article for a determination of civil liability for a traffic signal violation, stop sign violation, or speeding violation, which may include administrative hearing costs associated with the infraction. (4) OWNER. The owner of a motor vehicle as shown on the motor vehicle registration records of the Alabama Department of Revenue or the analogous department or agency of another state or nation. The term shall not include motor vehicles displaying dealer license plates, in which event owner shall mean the person to whom the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37A-100.02.htm - 5K - Match Info - Similar pages
45-49-101.07
Section 45-49-101.07 Contesting notice of violation; procedures. (a) No person shall be responsible for payment of a civil fine for a notice of violation issued under this part if the operator of the vehicle that is the subject of the notice of violation is adjudicated to have not committed a violation or there is otherwise a lawful determination that no civil penalty may be imposed. Any person receiving a notice of violation pursuant to this part, in accordance with the procedure set out in this part and on the notice of violation, may contest the notice of violation by obtaining a hearing in the court. (b) District and municipal courts of Mobile County are hereby vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant to this part as a civil offense whenever the offense is alleged to have occurred within the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings to contest a notice of violation issued pursuant...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-101.07.htm - 4K - Match Info - Similar pages
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