SB194 Alabama 2016 Session

Summary

Primary Sponsor

J.T. WaggonerSenator

Republican

Session

Regular Session 2016

Title

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

Summary

SB194 would let Alabama municipalities create civil parking enforcement rules with fines, notices, and enforcement tools like immobilization or impoundment, with appeals to circuit court.

What This Bill Does

It lets a city adopt an ordinance to enforce parking via civil violations rather than criminal offenses and to collect fines through a municipal court system. It creates civil fines up to $100 (handicap up to $250) and allows late fees up to $25; court costs apply in contested cases. It makes the vehicle owner on record presumptively liable for the civil penalty, but provides ways to contest liability. It sets procedures for notices, hearings, and appeals, and allows immobilization or towing to collect unpaid fines, with rules for removing devices and releasing vehicles.

Who It Affects

• Vehicle owners (registered owners) whose vehicles are cited for parking violations; they could be fined, receive notices by mail, may contest liability, and could have their vehicle immobilized or impounded if fines remain unpaid.
• Municipalities, their courts, and law enforcement agencies; they gain authority to issue civil parking violations, collect fines, conduct hearings, and administer immobilization/impoundment processes, including appeal handling and costs distribution.

Key Provisions

• Authorizes municipalities to adopt ordinances for parking enforcement and collection.
• Creates civil parking violations and defines terms such as civil fines, civil violations, immobilization, impoundment, owner, and parking violation; liability is presumptively on the vehicle owner with defenses listed.
• Establishes notice and payment procedures, including notices by windshield ticket and certified mail, fine amounts (up to $100; $250 for handicap), late fees (up to $25), and costs.
• Allows appeals from municipal court to circuit court on a trial de novo; municipality must provide legal representation in the circuit court.
• Authorizes immobilization and impoundment to collect unpaid fines, with warnings, removal fees (up to $65), and procedures for release or sale of vehicles, including post-impoundment hearings.
• Nonpayment penalties are civil only; there is no arrest or imprisonment for nonpayment, and there are specific defenses (e.g., stolen vehicle or plate, not owner).
• Defines procedures for notices, evidence, and burden of proof (preponderance) at adjudicative hearings, and outlines evidentiary rules and discovery limits.
• Sets that after adjudication, fines and costs must be paid promptly, and outlines appeals and costs on circuit court review.

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