HB213 Alabama 2017 Session

Summary

Primary Sponsor

Jack Williams

Republican

Session

Regular Session 2017

Title

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

Summary

HB213 would let Alabama cities create parking enforcement rules using automated cameras, issue civil parking violations, and use fines plus vehicle immobilization or impoundment to collect unpaid tickets.

What This Bill Does

The bill authorizes municipalities to adopt ordinances for parking enforcement and to create civil violations with fines. Vehicle owners would be presumptively liable for civil penalties and would receive notices by certified mail with images; they can contest liability. The municipal court would hear civil violations, with appeals to the county circuit court for a trial de novo, and the bill allows immobilization or impoundment of vehicles for nonpayment along with related fees and post-impoundment hearings. It also sets various notice, evidence, and procedural rules and provides affirmative defenses for stolen vehicles or plates and non-owners.

Who It Affects

• Vehicle owners and operators of registered motor vehicles who may receive civil parking notices, pay fines, contest liability, and face potential vehicle immobilization or impoundment.
• Municipalities (cities) and enforcement service providers (such as towing/impoundment operators and lien holders) who administer notices, collect civil fines, manage immobilization/impoundment, and handle appeals and related hearings.

Key Provisions

• Cities may adopt a municipal ordinance to provide for parking enforcement and civil violations, establishing that the vehicle owner is presumptively liable for civil penalties and fines, with procedures to contest liability.
• Creates civil violations and defines civil fines (up to $100, handicap violations up to $250) plus municipal court costs for contested cases; late fee up to $25; costs distributed like other municipal court costs; penalties may not be criminal.
• Notice and hearing procedures: notices issued by windshield or posted after an automated recording of a parking violation; notices mailed by certified mail within 30 days; notices must contain violation details, image, amount, due date, and right to contest; failure to pay or contest is an admission of liability.
• Adjudication and appeals: municipal court has jurisdiction to hear civil violations; parties may contest liability at a hearing; burden of proof is a preponderance of the evidence; if liable, an order for the civil penalty and costs is issued; appeals to the circuit court on a trial de novo with the municipality providing representation.
• Immobilization and impoundment: municipalities may immobilize or impound vehicles to enforce parking ordinances; triggers include three or more unpaid past-due tickets with a warning notice; immobilization devices and related removal fees (up to $65) and 24/7 removal access; post-impoundment hearing within 21 days with options to release on payment or hold-harmless agreement; abandonment and sale if not released within 21 days.
• Affirmative defenses: defenses include stolen vehicle or plate, or operator was not the owner, with theft reports to law enforcement required for certain defenses.
• Procedural and administrative details: authorized procedures for evidence and procedure follow small claims rules, with circuit court handling civil aspects; definitions of key terms (civil fine, civil violation, immobilization, impoundment, owner, parking violation); severability and immediate effectiveness.

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