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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6-5-156.4
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension
or cancellation of order. (a) A violation of any court order issued pursuant to this division
is punishable as a contempt of court by a fine of not less than five hundred dollars ($500)
nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than
one year, or both. Evidence concerning the duration and repetitive nature of the violations
shall be considered by the court in determining the penalty for contempt. (b) Upon finding
that a defendant has willfully violated an order issued pursuant to this division, the court
may issue any additional orders necessary to abate the drug-related nuisance or to carry out
the punishment for contempt. (c) The court may suspend the effectiveness of an order of abatement
for no more than 90 days if the owner of the property establishes that he or she had no knowledge
of the drug-related nuisance, and could not reasonably be...
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6-5-155.6
Section 6-5-155.6 Issuance of ex parte restraining order; service; inventory of property relating
to nuisance; violation of order; contempt of court. (a) The court, upon the application of
the plaintiff, may issue an ex parte restraining order, restraining the defendant and all
other persons from removing, or in any manner interfering with, the personal property and
contents of the place where the drug-related nuisance is alleged to exist, until a decision
of the court granting or refusing to grant a temporary injunction, or until further order
of the court. (b) The restraining order may be served by handing it to and leaving a copy
of the order with any person appearing to reside therein, or by posting a copy thereof in
a conspicuous place at or upon one or more of the principal doors or entrances to the place,
or by both delivery and posting. (c) The officer serving a restraining order shall forthwith
attempt to make and return to the court an inventory of the personal property and...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a 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
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the 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 a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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6-5-155.5
Section 6-5-155.5 Motion for preliminary injunction; consolidation of trial with hearing on
motion; other equitable relief. (a) Upon a filing of a motion for a preliminary injunction
to abate the drug-related nuisance, the plaintiff shall be entitled to a hearing on the motion
within 10 business days of the filing. If it appears by affidavit or otherwise, that there
is a substantial likelihood that the plaintiff will be able to prove a drug-related nuisance
by a preponderance of evidence, the circuit court may issue a preliminary injunction and grant
other relief as the court may deem to be appropriate, including those remedies provided by
Section 6-5-156.3. (b) When appropriate, the court shall order the trial of the action on
the merits to be advanced and consolidated with the hearing on the motion for a preliminary
injunction. (c) This section shall not be construed to prohibit the application for or the
granting of a temporary restraining order or other equitable relief provided by...
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6-5-160.4
Section 6-5-160.4 Violation, suspension, cancellation of abatement order. (a) A violation of
any court order issued pursuant to this division is punishable as a contempt of court by a
fine of not less than five hundred dollars ($500) nor more than thirty thousand dollars ($30,000),
or by imprisonment for not more than one year, or both. At least one-half of all fines collected
as punishment for contempt shall be paid into the general fund of the county if the action
against the defendant was commenced by the county governing body or a county government agency.
Evidence concerning the duration and repetitive nature of the violations shall be considered
by the court in determining the penalty for contempt. (b) Upon finding that a defendant has
willfully violated an order issued pursuant to this division, the court may issue any additional
orders necessary to abate the nuisance or to carry out the punishment for contempt. (c) The
court may suspend the effectiveness of an order of...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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6-5-155.2
Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance;
commencement of action. Wherever there is reason to believe that a drug-related nuisance exists,
the Attorney General, district attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a tenant of the property,
or any community-based organization, may file an action in the circuit courts of this state
to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by
the filing of a complaint in circuit court of the county in which the nuisance is situated
alleging the facts constituting the drug-related nuisance. (Acts 1996, No. 96-566, p. 849,
§3.)...
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