HB416 Alabama 2016 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Session

Regular Session 2016

Title

Municipalities, motor vehicles, parking enforcement, authorized, procedures, adoption of municipal ordinances, civil fines, municipal court jurisdiction, appeals

Summary

HB416 would let municipalities create parking enforcement ordinances with civil fines and a system of notices, hearings, appeals, and enforcement tools like immobilization and impoundment to collect unpaid tickets.

What This Bill Does

It authorizes cities to adopt parking enforcement ordinances and civil violations, with specified fines and collection procedures. It establishes an administrative process with hearings in municipal court and appeals to circuit court (trial de novo, no jury). It makes vehicle owners presumptively liable for violations but provides defenses (stolen vehicle, stolen plate, or transfer of ownership). It also allows enforcement tools like immobilization and impoundment, starting after warning notices and including removal fees and post-impoundment hearings.

Who It Affects

• Vehicle owners in municipalities that adopt these ordinances would face civil fines, potential immobilization or impoundment, and the right to administrative hearings and circuit court appeals.
• Municipalities, their courts, enforcement staff, and private contractors (towing or boot companies) would gain authority to issue civil penalties, conduct hearings, pursue collections, and administer immobilization/impoundment procedures.

Key Provisions

• Municipalities may adopt a parking enforcement ordinance under this act to create civil parking violations and related collection procedures.
• Civil fines may not exceed $100 (handicap violations must be at least $100); municipal costs for parking offenses may be up to $100; late fees may not exceed $25 and may be adjusted every five years by the CPI; the base is 2016.
• The owner is presumed liable for the parking violation, with affirmative defenses if the vehicle was stolen, the plate was stolen, or ownership was transferred before the violation.
• Civil violations are heard in the municipal court; disputed tickets are adjudicated by a magistrate; failure to pay or contest liability is an admission; appeals go to the circuit court for trial de novo without a jury; discovery is not allowed.
• Warning notices for immobilization/impoundment are sent after three unpaid tickets; owners may appeal the warning; if not appealed or rescinded, the vehicle may be immobilized or impounded; removal fees can be up to $65; immobilization removal must be possible 24/7; vehicles that are not released within 21 days may be sold as abandoned.
• Post-impoundment hearings are available, with appeal to the circuit court; release options include paying all due amounts or obtaining a hold-harmless agreement with lien holders; abandoned vehicles may be sold after 21 days if not released; a payor can sue the other operator for reimbursement within two years after payment.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Court, Circuit